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20040218 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 18, 2004, AT 5:0`0 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE,AVENUE; VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg It was moved by Ybarra, seconded by Davis', that the; Minutes of the Regular City Council Meeting held 'February 4, 2004, be approved and adopted as submitted. Motion carried. RESOLUTION NO. 8365 - A Resolution of the City Council of the City of Vernon Setting the Time and Place for Regular Meetings of the Public Benefits Resource Committee of the City of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8365 be approved and adopted. Motion carried. The City Clerk advised that now was the time to present the Police Department's Merit Award Bar to Sergeant Michael Alway for his outstanding performance in his investigative efforts and technical skills in recovering a stolen vehicle. Lieutenant Towles addressed the City Council and briefly explained to them the circumstances regarding this award. Chief of Police Bruce Olson presented to Sergeant Alway the Merit Award Bar. The City Clerk advised that now -was the time to present the 10851 Award. Bud Wampler from the Automobile Club of Southern California and Sergeant Steve Ahrens from the California Highway Patrol presented the 10851 Award to Police Officer Fernando Valenzuela. RESOLUTION NO. 8379 - A Resolution of the City Council of the City of Vernon Commending Kenneth J. DeDario for His Many Years of Service to the City of Vernon, was read by the City Clerk in its entirety and presented by the Mayor to Mr. Kenneth J. DeDario. It was moved by Gonzales, seconded by Ybarra, that Resolution No.. 8379 be approved and adopted. Motion carried,. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 9,. 2004, was presented, advising that the below listed employees qualified in the month of January 2004 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: 01/14/0`2 Sherwood Natsuhara Deputy Director of 2 Community Services 01/02/02 Jesse Palomarez Utilityman IV2 Regular City Council Meeting Minutes February '18, 2004 12/05/99 Marisol Trujillo Utility Clerk 3 01/15/01 Efrain Sandoval Associate Resource 3 Scheduler 05/30/82 Karon Berry Utility Clerk 6 01/12/98 r Bryan Dome Fire Engineer 6 06/30/81 Stella Pasillas Utility Clerk 8 09/22/87 Christian Moscoso Police officer 11 08/17/87 Anthony Zack Lieutenant 12 01/21/91 Anthony Serrano Customer Service 13 Representative 01/02/90 Joan Francone Risk Manager/Personnel 14 Assistant 01/02/90 Silas Williams Utilityman III 14 10/24/88 Craig Peltier Firefighter 15. 0`9/28/86 Felix Saldana Utilityman II 16 The Mayor presented the awards to the aforementioned employees and extended congratulations on behalf of the entire City Council:, The following employees were unable to attend the meeting and their awards were accepted by their respective department heads, 01/14/02 Norma Rodriguez Dispatcher 2 11/27/00 Jose Urita Police Officer 3 01/03/00' Belinda Mejia Dispatcher 4 01/12/98' Gregory-Galvan Fire Engineer ;, 6 09/18/89 William Foltz Fire Engineer 7 01/05/87 David Kimes Battalion Chief 8 08/17/87 Bradley Miller Fire Engineer 8 01/10/94 Jerry R. Chavez Police officer 10 10/24/88 Andrew Guth Battalion Chief 10 01/05/87 Jed Hulsey Fire Captain 11 04/04,/88 Daniel Calleros Sergeant 12 08/28/88 Mauro Trujillo Utilityman II 12 09/18/89 Francisco Tostado Fire Engineer 13 The Mayor called a short recess at 5:18 p.m. The City Council reconvened in regular session at 5:20 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that the following communication from the City Administrator/City Clerk, dated February 11, 2004, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February; 11, 2004, was, presented, advising that the Light & Power Department has elected to recommend Mr. Efrain Sandoval, Associate Resource Scheduler, to receive a 2003 ,Level IT Department SPIRITS Award. It is hereby recommended that Mr. Efrain Sandoval be awarded the Level II Department SPIRITS Award for the Light &_Power Department for the year 2003' Page 2 of 27 Regular City Council Meeting Minutes February 18, 2004 The Mayor presented Mr. Sandoval with his award and extended congratulations on behalf of the entire City Council, Police Department Activity Log for the`period February 1 through 15, 2004, was presented.- It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period February 1 through 15, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period February 1 through 15, 2004, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period February 1 through 15, 2004, be received and filed. Motion carried. Risk Management Report for the month of January 2004, was presented. It was moved by Gonzales, seconded by Ybarra,, that the Risk Management Report for the month of January 2004, be received and filed. Motion carried. Health Department Report for the month of January 2004,,was presented. It, was moved by Davis, seconded by McCormick, that the Health Department Report for the month of January 2004, be. received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished,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 who wished to address the Council at this time. There was no one in the audience who wished to address the Council. The City Clerk advised that now was the time to open the public hearing to consider a request for a variance from International Trading Advantage, Inc., from Section 26.4.2-8(c) of the City of Vernon Comprehensive Zoning ordinance. It was moved by McCormick, seconded by Gonzales, to open the public hearing the time being 5:25'p.m. Motion carried. The Director of Community Services and Water,, Kevin Wilson, addressed the City Council and briefly summarized this matter and his staff report;. Page 3 of 27 Regular City Council Meeting Minutes February 18, 2004 Communication from Kevin, Wilson, Director of Community Services and Water, dated February 10, 2004, was presented, advising that International Trading Advantage, Inc., has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4,635 Fruitland Avenue in the City of Vernon. The variance is to allow the use of one (1')_, non -conforming truck loading space. However, the -loading space will be restricted to trucks that do not extend into the public right-of-way. Submitted herewith are the following supporting documents: 1.. Staff Report dated February 5:', 2004,. 2. Request for variance application permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of -posting and mailing. The project is categorically exemptfromCEQA because it is an existing facility as described in Section 15301 and a Notice of Exemption will be prepared and filed with the County Clerk. It is 'hereby recommended that the variance application permit be granted subject to the following conditions; a. The facility shall'be operated in accordance with all current codes., rules, and regulations and subject to permit fees as adopted by the City of Vernon not - otherwise `addressed by this grant of a variance b. The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris,, c. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. d.International Trading Advantage, Inc.; shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. Upon any expansion or structural alteration of the building, or prior to August 19, 2009, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4.6-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. f. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all''applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance,. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as .a legal nonconforming use subject to Section 26.4-6-4(bi). Page 4 of 27 Regular City Council Meeting Minutes February 18, 2004 g. All parking and loading areas necessary for International Trading Advantage, Inc, operations shall be striped in an acceptable manner to the Director of Community Services & Water and 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 maintained to meet City standards. Adequate on -site parking shall be maintained so that off-street parking will not occur. h.. The project site shall be maintained substantially in compliance, with the site plan submitted, as part'of this variance application. i,. The usage of the non -conforming truck loading space shall be limited so that no truck parked at or using the loading dock shall extend into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. j_ This variance shall only be valid while International Trading Advantage, Inc. remains the owner of the property. A new variance will be required upon change in use, occupancy, or ownership of all or a portion of -the site: k. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. l: The facility shall be operated in a manner that will not impede traffic on Fruitland Avenue.. m. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. n.Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, International Trading Advantage, Inc. to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance The Mayor asked if anyone in the audience had any questions regarding this matter. There was no one wishing to make any comments. It was moved by Gonzales,. seconded by Ybarra, to close the public hearing to consider a request for a variance from International Trading Advantage, Inc., from Section 26_4:'2-8(c) of the City of Vernon Comprehensive Zoning Ordinance, the time being 5<:28 p.m. Motion 'carried. It -was moved by McCormick, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated February 10, 2004, and any and all supporting documents submitted as evidence during the public hearing be received and filed; and, his recommendation be approved. Motion carried. Page 5 of 27 Regular City Council Meeting Minutes February 18, 2004 RESOLUTION NO. 8372 - A Resolution of the City Council of the City of Vernon Granting a Variance to International Trading Advantage, Inc. from Section 26.4,.2-8.(C) of the Comprehensive Zoning Ordinance, for the Property Located at 4635 Fruitland Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution. No. 8372 be approved and adopted. Motion carried. The City Clerk advised that now was the time to open the public hearing to consider a request for a variance from Tenzing, LLC, from Section 26.4.2-8(C) of the City of Vernon Comprehensive Zoning Ordinance, It was moved by Gonzales, seconded by Ybarra, to open the public hearing the time being 5:29 p.m. Motion carried. The Director of Community Services and Water Kevin Wilson addressed the City Council and briefly summarized this matter and his ,staff report. Communication from Kevin Wilson, Di -rector of Community Services and Water, dated February 10, 2004, was presented, advising that Tenzing, LLC, has requested a variance from, the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4520.Everett Avenue in the City of Vernon. The variance is to allow the use of twelve (12) non -conforming truck -loading spaces. However, the loading spaces will be restricted to trucks that do not extend into the public right-of-way. Submitted herewith are the following supporting documents; 1. Staff Report dated February 5, 2004 2; Request for variance application permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. The project is categorically exempt from CEQA'because it is an existing facility as described in Section 15301 and a Notice of Exemption will be prepared and filed with the 'County Clerk. It is hereby recommended that the variance application permit be granted subject to the following conditions: a. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. b. The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris., c. The facility shall be operated in a manner that will, prevent unsanitary conditions, odors or other nuisances. d. Tenzing, LLC: shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. Page 6 of 2'7 Regular City Council Meeting Minutes February 18, 2004 e., Upon any expansion or structural alteration of the building,, or prior to August 19, 2009, the entire site shall be made to conform to all truck and automobile . parking requirements and all truck loading requirements, pursuant to section 26,4.E-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council, f..Chis variance shall automatically expire at the time of - any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in. the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.E-4(b) g. All parking and loading areas necessary for Tenzing, LLC: operations shall be striped in an acceptable manner to the Director of Community Services & Water and 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 maintained to meet City standards. Adequate on-s'ite parking shall be maintained so that off-street parking will not occur, h. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this. variance application. i.'The usage of the non -conforming truck loading spaces shall be limited so that no trucks parked at or using the loading docks shall extend.into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992 j. This variance shall only be valid while Tenzing, LLC. remains the owner of the property. A new variance will be required upon change in use, occupancy, or ownership of all or'a portion of the site, k All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. 1. The facility shall be operated in a manner, which will not impede traffic on Everett Avenue. m. Signs shall be posted in front of,the nonconforming truck loading spaces stating the restrictions on the length of the trucks accessing the subject loading docks. n. Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Tenzing, LLC, to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance., Page 7 of 27 Regular City Council Meeting Minutes February 18, 2004 The Mayor asked if anyone in the; audience had ,any questions regarding this matter., There was no one wishing to make any comments. It was moved by Gonzales, seconded by Ybarra, to close the public hearing to consider a request for avariance from Tenzing, LLC, from Section 26.4.2-8(c) of the City of Vernon Comprehensive Zoning Ordinance; the time being 5:31 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated February 10, 2004, and any and all supporting documents submitted as evidence =during, the public hearing be received and filed; and, his recommendation be approved. Motion carried. RESOLUTION NO. 8373 - A Resolution of the City Council of the City of Vernon Granting .a Variance to Tenzing, LLC. from Section 26.42-8(C) of the Comprehensive Zoning Ordinance, for the Property Located at 4520-Everett Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8373 beapproved and adopted. Motion carried. The City Clerk advised that now was the time to open; the public hearing to consider a request for a Conditional Use Permit from.Z's Place located at 3805 Soto Street, to allow the applicant to operate an existing Commercial Restaurant., it was moved by Ybarra, seconded by Davis, to open the public hearing the time being 5:32,p.m. Motion carried. The Director of Community Services and Water Kevin Wilson addressed the City Council and briefly summarized this matter and his staff report Communication from Kevin Wilson, Director of Community Services and Water, dated February 10, 2004, was presented, advising that Z's Placehassubmitted an application for a -_ conditional use permit. Z's Place proposes to operate an existing restaurant establishment. at 380,5 Soto Street. The existing building will have two tenants that share the 6,811 square foot building. Z's Place will be one of the two tenants at the restaurant facility. .They will occupy the southerly 3,405 square feet of building. The proposed use will consist of a sit- down and carryout restaurant that will. ;generate more than 20 vehicle trips, per day, per 1,000 square feet of floor area in the City of Vernon. Submitted herewith are the following supporting documents., 1. Staff Report dated February 5, 2004a 2. Request for conditional use permit and information supporting the application. 3, Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. Page 8 of 27 Regular City Council Meeting Minutes February 18, 2004 The projectiscategorically exempt from CEQA because it is an existing facility as described in Section 15301, A Notice of Exemption will be prepared and filed with the County Clerk In my opinion the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. 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 willnot 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 further 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, and regulations and subject to permit fees and taxes 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 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 off-street parking will not occur, c. Prior to occupancy, the owner(s) of Z''s Place shall obtain a sales tax permit for Z''s Place 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, occupancy permit and a public health operating permit shall be obtained. e. The facility shall be operated in a manner that 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 project site shall be constructed and maintained substantially in compliance with the site plans submitted as part of this conditional use permit application. Page; 9 of 27 Regular City Council Meeting Minutes February 1.8, 2004 h. Adequate trash receptacles shall be provided on site to keep litter to a minimum Trash area shall be maintained in effort to divert rainfall around enclosure. All litter blown or dropped on adjacent properties shall be retrieved and disposed of on a daily basis by Z's Place or an employee of either building located at 3805 and 3809 Soto Street, i. Any extension, expansion or change in use or change in ownership interest or issuance of a new occupancy permit shall require a new conditional use permit. j. The .parking, driveway access and landscaping shall be maintained in accordance with the site plan, which was submitted with this application No changes shall be made in the site development except with the prior approval of the Director of Community Services & Water. k. The building shall be maintained so as to prevent the entrance and harborage of rodents 1. All food preparation and storage, food service equipment shall be within the restaurant. Food service equipment shall be certified or classified for sanitation by an ,American National Standards Institute (ANSI) accredited certification program, and approved by the City of Vernon Health Department prior to installation and use:- m. Wastewater generated by Z's Place operations must be contained for proper disposal and shall not be discharged onto the ground surface. Z's Plane shall implement and maintain Stormwater Best Management Practices for restaurant. n. The restaurant shall comply with all requirements of the California Uniform Retail Food Facilities Law (;CURFFL)% and the Sherman Food, Drug and Cosmetic Law. c. Z's Place shall apply for electrical service with Customer Service and complete an Electric Service Planning Information form to ensure that the electrical load can be supplied by existing services, The Mayor asked if anyone,in the audience had any questions regarding this matter. There was no one wishing to make any comments. I't was moved by McCormick, seconded by Ybarra, to close the public hearing to consider a.request,for a Conditional Use Permit from Z's Place located at 3805 Soto Street, to allow the applicant to operate an existing Commercial :Restaurant, the time being'5:36 p.m. Motion carried_ It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated February 10, 2004, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendations approved. Motion carried. Page 10 of 27 Regular City Council Meeting Minutes February 18., 2004 It was moved by Ybarra, seconded by Davis, that the City Council determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Council determines that the project will not have a significant effect on the environment.; Motion carried. It was moved by Ybarra, seconded by McCormick, that the City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife resources,. Motion carried. RESOLUTION NO. 8370 - A Resolution of the City Council of the City of Vernon Granting a Conditional User Permit to Z's Place for the Operation of`a Commercial Restaurant at 3805 Soto Street in the City of Vernon.. It was moved by Ybarra, seconded by Davis, that Resolution No. 8370 be approved and adopted. Motion carried. The City Clerk advised that now was the time to open the public 'hearing to consider a request for a Conditional Use Permit from Greenwich Village Cafe located at 3809 Soto Street, to allow the applicant to operate an existing Commercial Restaurant. It was moved by Gonzales, seconded by`Davis,.to open the public hearing the time being ,5:37 p.m. Motion carried. The Director of Community Services and Water Kevin Wilson addressed the City Council and briefly summarized this matter and his staff report. Communication from Kevin Wilson, Director of Community Services and Water, dated February 10, 2004, was presented, advising that Greenwich Village Cafe has submitted an application for a conditional use permit. Greenwich Village Cafe, proposes to operate an existing restaurant establishment at 3809 Soto Street. The existing building will have two tenants that share the 6,81.1 square foot building. Greenwich Village Cafe will be one of the two tenants at the restaurant facility. They will occupy the southerly 3,4-06 square feet of building- The proposed use will consist of a sit-down and carryout restaurant that will generate more than 20 vehicle trips;, per day, per 1,000. square feet of floor area in the :City of Vernon. Submitted herewith are the following supporting documents.: 1. Staff Report dated February 5, 2004 . 2 Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. Page 11 of 27 Regular City Council Meeting Minutes February 18, 2004 The project is categorically exempt from CEQA because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and filed with the County Clerk. In my opinion the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment.; 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 further 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, and regulations and subject to permit fees and taxes 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 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 off-street parking will not occur. c. Prior to occupancy, the owner(s) of Greenwich Village Cafeshall obtain a sales tax permit for Greenwich Village Cafe 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, occupancy permit and a public health operating permit shall be obtained. e. The facility shall be operated in a manner that 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 project site shall be constructed and maintained substantially in compliance with the site plans submitted as part of this conditional use permit application, Page 12 of 27 Regular City Council Meeting Minutes February 18, 2004 h;. Adequate trash receptacles shall be.provided on site,to keep litter to a minimum. Trash area shall be maintained, in effort to divert rainfall around enclosure. All litter blown or dropped on adjacent properties shall be retrieved and disposed of on ,a daily basis by Greenwich Village Cafe or an employee of either building located at 3809 and 3805 Soto Street, i. Any extension,, expansion or change in use or change in ownership interest or issuance of a new occupancy permit shall require a new conditional use permit. j. The parking, driveway access and landscaping shall be maintained in accordance with the site plan, which was submitted with this application. No changes shall be made in the site development except with the prior approval of the Director of Community Services & Water. k. The building shall be maintained 'so as to prevent the entrance and harborage of rodents,. 1. All food preparation and storage shall be conducted within the restaurant. All food service equipment shall be maintained within the restaurant. Food service equipment shall be certified or classified forsanitation by an American National Standards Institute (ANSI),, accredited 'certification program, and approved by the City of Vernon Health Department prior to installation and use. m. Wastewater generated by Greenwich Village Cafe operations must be contained for proper disposal and shall not be discharged onto the ground surface Greenwich Village Cafe shall implement and maintain Stormwater Best Management Practices for restaurant, n. The restaurant shall comply with all requirements of the California Uniform Retail Food Facilities Law (CURFFL) and the Sherman Food, Drug and Cosmetic Law,.. o. Greenwich Village Cafe shall apply for electrical service with Customer Service and complete an Electric Service Planning Information form to ensure that the electrical' load can be supplied by existing services. The Mayor asked if anyone in the audience had any questions regarding this matter. There was no one wishing to make any comments. It was moved by McCormick, seconded by Davis, to close the public hearing toconsider a request for a Conditional Use Permit from Greenwich Village Cafe located at 3809 Soto street, to -al -low the applicant to operate an existing Commercial Restaurant, the time being 5:40 p.m. Motion carried. Page 13 of 27 Regular City Council Meeting Minutes February 18, 2004 It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated February'10, 2004, and any and all supporting documents submitted as evidence during the public. hearing be received and filed and his recommendation approved. Motion carried. It was moved by Davis, seconded by Ybarra, that the City Council determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Gonzales seconded by McCormick, that the City Council determines that the project will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by Davis, that the`V City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. RESOLUTION NO. 8371 - A Resolution of the City Council of the City of Vernon Granting ;a Conditional Use Permit to Greenwich Village Cafe 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. 8371 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 9, 2004, was presented, advising that the Redevelopment Agency previously purchased property from Owens -Brockway Glass Container Inc., who had requested that the City provide them with an easement to use and maintain a fire water line. Said easement was granted by the Agency at its January 28, 2004 meetings It was determined that the city would be better served if the property was assigned to the City•of Vernon and therefore the City is the proper party to execute the Easement Deed. At this time it is necessary to ratify the -execution of an Assignment Agreement for said property and all related escrow documents and the execution of the easement. It is hereby recommended that City Council approve the following resolution. It was moved by Gonzales, seconded. by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 9, 2004, be received and filed and his recommendations approved. Motion carried. RESOLUTION NO. 8376 - A`Resolution of the City Council of the City of Vernon Approving, Authorizing and Ratifying the, Execution of the Assignment of the Agreement to Purchase and Sell Real Estate and Escrow Instructions Between the Redevelopment Agency and Owens -Brockway Glass Container, Inc. and Other Related Documents and Rescinding Resolution No 8186 Adopted on April 16, 2003,,was presented. It was moved, 'by McCormick, seconded by Davis, that Resolution No. 8376 be approved and adopted. Motion carried. Page 14 of 27 Regular City Council Meeting Minutes, February 18, 2004 Communication from .Bruce-V. Malkenhorst, City Administrator/City Clerk, dated February 9, 2004, was presented, advising that in accordance'' with Resolution, No. 8324, the Purchasing Section received and opened the following bids on January 8, 2004,for the purchase of various Overhead Distribution Transformers:' • Cooper Power (c/o Utility Products) $ 66,674.63 (alternate bid) • Cooper Power (c/o Utility Products) $ 76,136.15 (primary bid) • General Electric CO (c/o Southwest Power) $100,617.29 • A13B Inc. (c/o Wesco) $i07,750.97 • Howard Industries (c/o Young & Co.) $111,914.26 • Central Moloney Wo Southcoast Utility Sales') $123,172.26 This has been reviewed by the Light & Power Department. It is hereby recommended that Bid No. 1432 be awarded to the below listed vendors, an equipment purchase contract be prepared for ABB Inc., and three purchase,orders be issued for the purchase of the following transformers at the stated amounts: - • ASS Inc. (c/o Wesco) Quantity KVA' Total Amount 3 25 5 37.5 6` 50 6 75 8 25 6 50 3 250 $31,746.00 • Central Moloney (c/o Southcoast Utility Sales) Quantity' KVA Total Amount 3 167 $ 6,303.00 • General Electric CO. Wo Southwest Power) Quantity KVA Total ,Amount 6 10 7 15 12 37.5' 6 100 $120, 595.00 I't was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 9, 2004„ be received and filed and his recommendations approved. Motion carried. RESOLUTION NO. 8383 - A Resolution of the City Council of the City of Vernon Accepting the Bids of WESCO Distribution, Inc., Central Moloney, Inc. and Southwest Power Inc. on Bid No. 1432 for the Purchase of -Overhead Distribution Transformers for the Light and Power Department and Approving and Authorizing the Execution of Equipment Purchase Contract and the Issuance of Purchase Orders Respecting Said Bids, was presented. It was moved by MdCormick, seconded by Ybarra, that Resolution No. 8383 be, approved and adopted. Motion carried. Page 15 of 27 Regular City Council Meeting Minutes February 18, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 10, 2004, was presented, advising that at this time it is necessary that the Director of Community Services and Water be authorized to deputize qualified employees to evaluate and approve building permits in his absence.. This has been reviewed by the City Attorney and it is hereby recommended that the Director of Community Services and Water be authorized to deputize qualified employees. The Director of Community Services & Water advised the City Council that deputizing would be of those inspectors that are certified in their respective fields. It was moved by Davis, seconded by Yb'arra, that the aforementioned communication from the City Administrator/City Clerk, dated February 10, 2004, be received and filed and his recommendations approved, Motion carried. RESOLUTION NO. 8380 - A Resolution of the City Council of the City of Vernon Authorizing the Director of Community Services and Water to Deputize Qualified Employees to Evaluate and Approve Building Permits, was presented. It was moved by Gonzales; seconded by Davis, that Resolution No. 8380 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 10, 2004, was presented, advising that Joseph T. Ryerson & Son Inc. (Ryerson), has requested a variance for the property located at 2939 Sunol Drive from the 2001,California Building Code, 'Section 28.28(b), which states that all Lots shall have frontage of at least 150' lineal feet on a public street. Ryerson has determined that this would be too costly and is proposing to adjust a lot line between two of their parcels, which will make one parcel 159,350 square feet in size with a 30' frontage .on a public street. Transmitted herewith is a Staff Report, dated February 1.0, 2004,- as submitted by the Director of Community Services and Water. This has been reviewed by the Fire; Chief and the Director of Community services and Water and it is hereby recommended that the variance begrantedto Joseph T. Ryerson & Son, Inc. The Director of Community Services and Water Kevin Wilson addressed the City Council, briefly summarized this matter .and his staff report,, and advised that it was necessary to place certain conditions on the variance and read into the record the following conditions,. - a) The facility shall be developed and maintained in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon. b) Ryerson shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. Page 16 of 27 Regular City Council Meeting Minutes February 18, 2004 c) The project site shall be developed substantially in compliance with the site plan submitted, as part of this variance application. d) Easements for adequate fire access, ingress, egress, drainage, and utilities must be provided to allow for proper development of the site. The CommunityServices Department must be provided with copies of all such s easements for review and approval before they are recorded; e,) The variance automatically expires within twelve (12) months of the date it is granted if no construction of`a new building on parcel #2 has commenced. f) The variance automatically expires if the mutual ingress and egress easements are not provided to Community Services for review and approval., g) Truck maneuvering must occur on -site. h) Driveway width(s), maneuvering and staging areas must comply with Vernon City Code (VCC);,, It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk dated February 10, 2004, be received & filed, and his recommendation approved with the conditions ('a-h) identified by the Director of Community Services & Water. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 10, 2004, was presented, advising that Joseph T.,Ryerson. and Son Inc., owns four adjacent parcels of land located at the 4310 Bandini Blvd., and 2939, 2951, and 2901 Sunol Drive. In accordance with the City of Vernon Municipal Code, Joseph T. Ryerson and Son Inc,, is requesting an adjustment of the boundary lines to reduce the number of parcels from four to two. This has been reviewed by the Community Services and Water Department and the City Attorney., It is 'hereby recommended to grant the lot line adjustment requested by Joseph T. Ryerson Inc.,. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February .10, 2004, be received and .filed and his recommendation approved. Motion carried. RESOLUTION NO: 8378 A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested by Joseph T. Ryerson & Son, Inc., was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8378 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 10, 2004, was presented, advising that in accordance with the California Vehicle Code Sections 627(a),(b), the Community Services and Water. Department obtained a speed limit study for the City. Page 17 of 27 Regular City Council Meeting Minutes February 18, 2004 The Police Department in conjunction with the City's consultant reviewed the report and concluded that the -speed limits for the following locations should be increased: 1. 37th Street from Santa Fe Avenue to Soto Street 35 mph to 40 mph 2. 38th Street from Alameda Street to Santa Fe Avenue 30 mph to 35 mph 3. Vernon Avenue.from Alameda Street to Santa Fe Avenue 35 mph, to 40 mph: 4. Pacific Blvd. from Santa Fe Avenue to Fruitland Avenue 35 mph, 'to 40 mph 5. Soto Street from Vernon Avenue to S?th Street 30 mph to 35 mph This has been reviewed by the City Attorney "and it is hereby recommended the report be accepted and an ordinance be approved to implement the new speed limits, It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February 10, 2004, be received and filed and his recommendation approved. Motion.:carried. ORDINANCE NO. 1099 - An Ordinance of the City Council of the City of Vernon Amending Sections 16.14, 16.15, 16.16, 16.17 and Deleting Section 16.18 of the Code of the. City of Vernon, California, 1959, to Change Speed Limits on Certain Streets and to Repeal All Ordinances or Parts of Ordinances in Conflict Herewith, was read by title by the City Clerk for a first reading. I;t was moved by McCormick, seconded ;by Gonzales, that Ordinance No. 1099 be approved for a first reading. Motion carried. Ayes',- Malburg, Ybarra, Gonzales, Davis, McCormick Noes'. Absentt None Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 10, 2004, was presented, advising that the Los Angeles County Recycling Market Development Zone (LACRMDZ) has provided Vernon businesses with over $3 million in loans to expand their operations during the last seven years:. The'LACRMDZ designation will expire on June 30, 2004, unless re --designated by the California Integrated Waste Management Board. At .this time it would be beneficial that to support the renewal of this program. This has, been reviewed''by City staff and the City Attorney and it is hereby recommended that the following resolution be approved. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 11, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8377 - A Resolution of the City Council of the City of Vernon Supporting Renewal of the Los Angeles County Recycling Market Development Zone, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No,.8377 be approved and adopted. Motion carried. Page 18 of 27 Regular City Council Meeting Minutes February 18, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 11, 2004, was presented, advising that the Director of Community Services and Water is requesting to enter into an Optical 'Fiber Use Agreement and a Short Form Indefeasible Right of Use Agreement with Clougherty Packing Co. This will allow Clougherty Packing Co., to receive fiber Optic :connection for their computer networking at an annual recurring charge of $8,160.00 and the initial engineering assessment and connection charges will be waived. This has been reviewed by the City Attorney and it is hereby recommended that the Optical Fiber Use Agreement and Short Form Indefeasible Right of Use Agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication, from the City Administrator/City Clerk, dated February 11, 2004, be received and filed and his recommendation approved. Motion carried. The Mayor 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. RESOLUTION NO. 8385 - A`Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement No. 02 Optical Fiber Use Agreement and Short Form IRU-02,1 Indefeasible Right of Use Agreement By and Between the City of Vernon and Clougherty Packing Company for Pilot Fiber Optic Program, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8385 be approved and adopted. Motion carried. The Mayor 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.. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 26, 2004, was presented, requesting authority and funds for Senior Electronics Technician Curtis Kirkland to attend the "Factory 'Test of the MGS'Main Power ,Distribution Module Conference" at Mosley; Texas on February 23 through 27, 2004, with an expense allowance of $1,171•.Q4. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Curtis Kirkland to attend;, the aforementioned conference with an expense allowance of $1,171.04. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 29, 2004, was presented, requesting authority and funds for Detective Inez Aragon to attend the "California Sexual Assault Investigators Association Training" at Shell Beach on March 10 through 12, 2004, with an expense allowance of $809.80.' It was moved by McCormick, seconded by Davis, that authority and funds be approved for Inez Aragon to attend the aforementioned training with an expense allowance of $809.80.. Motion carried. Page 1'9 of 27 Regular City Council Meeting Minutes February 18, 2004 Communication from Bruce Olson,.Chief of Police, dated January 30, 2004, was presented, requesting,authority and funds for the below listed Police Officers to attend the "Driving Under the Influence Seminar" at Laguna Hills on April 5 through 9, 2004, with an expense allowance of $999.80, of which POST will reimburse $904,444 each. Victor Ontiveros • Jose Urita It was moved by Ybarra,, seconded by Gonzales, that authority and funds be approved for the above listed Police Officers to attendthe aforementioned seminar with an expense allowance of $904.44 each. Motion carried. Communication from 'Bruce Olson„ Chief of Police, dated January 30, 2004, requesting authority and funds for the below listed police personnel to attend the "Standardized Field Sobriety Tests Instructors Class" at Claremont on March 1 through 5, 2004, with, an expense allowance of $152.00 each, • Phillip Swinford Detective • Ana Quinones, Police officer • Gustavo Herrera, Police officer It was moved by McCormick, seconded by Davis, that authority and funds be approved for the above listed police officers to attend the aforementioned class with an expense allowance of $152.00 each. Motion carried. Communication from Bruce Olson, Chief of 'Police, dated January 30, 2004, was presented, requesting authority and funds for Detective Nicholas Perez to attend the "Fraud Investigation Methods Training" at Commerce on March 8 through 10, 2004, with an expense allowance of $509.80. I't was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Officer Nicholas Perez to attend the aforementioned training with an expense allowance of $509.80. Motion carried. Communication from Lewis Pozzebon, Director of ^ Environmental Health, dated February 2, 2004, was presented, requesting authority and funds for the below listed personnel to attend the ,7th Annual Local Enforcement Agency/California Integrated Waste Management Board Conference" at Sacramento on March 10 through 12, 2004, with an expense allowance of $603.60 and $608.20, respectively. • Dan Downing, Chief Deputy Director of Environmental Health • Leonard Grossberg,; :Senior Environmental Specialist It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed personnel to attend the aforementioned conference with an expense allowance of $603,.60 and $608.20,, respectively. Motion carried. Page 20 of 27 Regular City Council Meeting Minutes February 18, 2004 Communication from Bruce Olson, Chief of Police, dated February 4, 2004,-was presented, requesting authority and funds for the below listed Detectives to attend the "Criminal Investigation Core Course" at La Jolla on March 15 through 26, 2004, with an expense allowance of $1,4,65.90, of which POST will reimburse $`1,102.24 each. • Celestino.Chavez • Nicholas Perez It was moved by Gonzales, seconded by Ybarra, that authority -and funds be approved for the above listed Detectives to attend the aforementioned seminar with an expense allowance of $1,465,90 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 4, 2004, was presented, requesting authority and funds for the below listed Sergeants to attend the "Officer Involved Shootings Training." at Redondo Beach on Apri'1. 8-and 9, 2004,'1 with an expense allowance of $374.30, of which POST will reimburse and the City will pay no cost,, • Daniel Calleros • Jerry Winegar It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above. listed Sergeants to attend the aforementioned training with an expense allowance of $374.30 each. Motion carried. Communication from Steven Parker, Fire Chief, dated February 10, 2004, was presented, requesting authority and funds for Secretary Luz Martinez to attend the "Southern Division Administration Fire Service Section Quarterly Meeting" at Monterey Park on'March 9, 2004, with an expense allowance of $25;,:00 It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for Luz Martinez to attend the aforementioned meeting with an expense, allowance of $25.00. Motion carried. Communication from Steven Parker, Fire Chief, dated February 10, 2004, was presented, requesting authority and funds for the below listed fire personnel to attend the "Rescue Systems I Class" at Anaheim on March 1 through 5, 2004, with an expense allowance of $300.00 each. • David Kimes, Battalion Chief `• -Pete Torres.,. Fire Engineer • John Doersam, Firefighter It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed fire personnel to attend the aforementioned class with an expense allowance of $30-0.00 each. Motion carried. Page 21 of 27 Regular City Council Meeting Minutes February 18, 2004 , RESOLUTION NO. 8374 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of, a Consulting Agreement By and Between the City of Vernon and Mike Roos for the Malburg Generating Station Project, was presented. It was moved by Gonzales;, seconded by Ybarra, that Resolution No. 8374 be approved and adopted. Motion carried. RESOLUTION NO. 8375 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Agreement ,By and Between the City of Vernon and Frank Hill for the Malburg Generating Station Project, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8375 be approved and adopted. Motion carried. RESOLUTION NO 8367 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Agreement with ADP, Inc. Regarding Payroll. (Deferred from City Council Meeting held February 4, 2004),'was presented. It was moved by Ybarra,.seconded by McCormick, that Resolution No. 8367 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 1-1, 2004, was presented, transmitting the Minutes for the Adjourned Regular City Council Meeting - Finance Committee Section, held on February 10, 2004,`for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations on the Minutes for the Adjourned Regular City Council Meeting - Finance Committee Section, held on February 10, 2004,-be approved. Motion carried. RESOLUTION NO. 8381 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Myers -Pioneer Power Systems for the Malburg Generating Station Project, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No, 8381 be approved and adopted. Motion carried. RESOLUTION NO. 8382A Resolution of the City '.Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Swanson Engineering & Manufacturing Company for the Malburg Generating Station Project, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution`No,'838'2 be approved and adopted. Motion carried_. Communication from Bruce V. Malkenhorst, Director of. Finance, dated February 11, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting - Finance Committee :Section, to be held on February 18, 2004, for approval of the recommendations contained therein. Page 22 of 27 Regular City Council Meeting Minutes February 18, 2004 It was moved by Davis, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular City Council Meeting - Finance Committee Section,, to be held on February 18, 2004, be approved, with the exception of the Petrelli Electric Co., matter pertaining to the 2670 Leonis Blvd. "build out," and the substations issues Motion carried. RESOLUTION,NO. 8364 A Resolution of the City Council r. of the City of Vernon Amending Schedule -II, 'Exhibit "B,"Pages 4 and 13-16 of Resolution No. 8228 which Fixed the Compensation for Certain Employees of said City and Authorized Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by 'Gonzales, that Resolution No. 8364 be approved and adopted. Motion carried. The City Clerk asked that the following resolution be deferred to the next Council Meeting, RESOLUTION NO. 8384 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Petrelli Electric, Inc. for Construction and Remodeling at 2670 Leonis Boulevard in Connection with the Malburg Generating Station Project. It was moved Ybarra, seconded by Davis, that the aforementioned resolution be deferred to the next council meeting. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 11, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting Personnel Committee Section, to be held on February 18, 2004, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned Regular City Council Meeting - Personnel Committee Section, to be held on February 18, 2004, be approved. Motion carried. Warrant -Register No. 1132 covering claims and demands presented during the period of January 29, 2004 through February 11, 2004, drawn on Bank of America totaling $1,113,995.47, which includes demand nos. 214582 through 214854 (inclusive), and excluding Light &Power's demands., (Accounting period February 2004) It was moved by Davis, seconded by 'McCormick, that Warrant Register No. 1132 be approved and payment authorized for claims and demands totaling $1,113,995.47. Motion carried. Warrant Register No. 1132 covering claims and demands presented during the period of January 29, 2004 through February 11, 2004, drawn on Bank of America totaling $4,408,515.95, which includes Light & Power's demand nos. as listed below: (Accounting period February 2004). Page 23 of 27 Regular City Council Meeting Minutes February 18, 2004'' 214599 214621 214622 214627 21462`8 214631 „21463-2 214633 214639 2146,40 214646214647 214648 214649' 21465A 214656 214660' 214661 214673 214675' 214678 214653 214696 214703 214710 214720 214723 214728 214757 214759 214760 214762 214767 214768 214769' 214770 214772 214773- 214774 214776 214777 214778 214785 214789 2147-94 214796 214802 2`14809 214815 214819 2148419 214854 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1132 be approved and payment authorized for Light & Power's claims and demands. totaling $4,408,515.95. 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. 572 covering claims and demands presented during the period of December 14, 2003 'through January 10, 2004,,.drawn on Wells Fargo Bank totaling $2.,177,689.96, which includes demand nos. 8427 through 8483 (inclusive),, (Accounting Period: January 2004). It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No,. 572 be approved and payment authorized for claims and demands totaling $2,177,689.,96. Motion carried. The City Clerk asked that the following communication< be deferred to after close session. Communication from Bruce V.-Malkenhorst, City Administrator/City Clerk, dated February 11, 2004, recommending that Eric Fresch be appointed to serve as the City Attorney, effective February 5, 2004. It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to after close session later this date. Motion carried. The Mayor called a short recess at 6:12 p.m. The City Council reconvened in regular session at 6:16 p.m., all members present before the recess again being present., The City Clerk advised that now was the time to go into closed session on Item No. 1.b. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on .I em No. 1.b., the time being 6:16 p.m. Motion carried. All persons were excluded from closed sessionwiththe exception of the City Administrator/City Clerk, City Attorney, and Assistant to the Chief Deputy City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 24 of 27 Regular City Council Meeting Minutes February 18, 2004 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 b„ EMPLOYEE PERFORMANCE EVALUATION I't was moved by Ybarra, seconded by Davis, that the City Council go out of closed session on Item No. l.b., the time being 6:18 p.m. Motion carried. The City Clerk advised that there was nothing to discuss on Item No: 2; 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54957.i a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classification(s) The City Clerk advised that now was the time to go into closed session on Item Nos. 3 and 4 It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item Nos: 3 and 4, the time being 6:19 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, and Assistant to the Chief Deputy City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential:. 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL -EXISTING -LITIGATION (a°) FERC Docket Nos. ER97-2355, ,EC 96-19-000 and ER96-1663 (Restructuring) (b) _David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (c) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b); (d) Alameda Corridor Transportation Authority, etc.. v City of Vernon, etc., et al., LASC Case No. BC 238846 cons, with City of Vernon v. Alameda Corridor Transp., Auth., LASC Case No. BC 238841; (e) FERC Docket No. EROO-2019-000 (ISO); FERC Docket No. ELOO-95 (SDG&E v. Sellers of Energy, et al.`) consolidated with FERC Docket No. ELOO-98 FERC Docket No. EL04-34 (Vernon TRBAA) FERC Docket No. EL03-54 (Anaheim, et,al, v. ISO) (f) The Burlip5,ton Northern and Santa Fe Railway Compaq v.,_City_of Vernon; USDC No. CV-00-12891 NM (AJWx); Page 25 of 27 Regular City Council Meeting Minutes February 18, 2004 (g) Sterling Davis v. City of Vernon, et al., USDC No, CV 01-01602 DDP (AJWx); (h) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al.', LASC No BC 245633; W Central and West Basin Water Replenishment District,; etc., v. Charles E. Adams, et al, LASC No. C 786656; (j) Department of Water Resources v. ACN Energy, Inc ,_et al., Case No. 01AS05497 (k) Aucensio Saucedo Lopez v. Vernon; LASC No. 02CO0862 (H.P. District);' (1) Vernon v. SoCalGas, El Paso Natural.Gas, et al., Case No. BC 265905; (m) Jessica Rodriguez v. Vernon; WCAB Case No. RIV 0056007,; (n) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No 03-03131 (AJG) (o) Mirant Americas Energy Ma,rketinq, LP v. Vernon; USBC Adversary Proceeding No. 03-04440-dml; (p) Robert S. Spradlin etc. v. Vernon; Norwalk Superior Court No. VC 039280; (q) Jessica Rodriguez v. Vernon; LASC No. BC298890; ('r) Lexington Insurance Company v. Vernon; Norwalk Superior Court No. VC 040647; (s) Vernon v. Scott Co., et al., LASC No. BC 300307 (t`) CPUC No. 03-09-009 (SoCalGas BCAP) ; (u) Luther Caston v. Vernon, et al.; LASC No. BC 295361; (v) Penn -America 'Insurance Company v. Vernon; LASC No. BC 306257; (w) George C. Kim dba Korean Maintenance Co. v. Vernon,; LASC No. BC309589; (x) Greg Lynch v. Vernon; WCAB No. VNO 459075 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation•of litigation: One (1) potential case. It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 6'-2'5 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 11, 2004, recommending that Eric Fresch be appointed to serve as the City Attorney, effective February 5, 2004. (Deferred from an earlier time in this meeting) It was moved by McCormick, seconded by Ybarra, that the communication regarding the City Attorney be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 8386 'A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Third Amendment to Agreement for Legal, Financial and Administrative Consulting Services by and between the City of Vernon and Eric T. Fresch,'was presented. Page 2'6 of 27 Regular City Council Meeting Minutes February 18, 2004 It was moved by Gonzales, seconded by Ybarra, that Resolution No.. 8386 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, that the Retainer Letter with Saundra Noble for third party claims administration services in connection with the matter of Rodrigue-z v. Cif of Vernon,, WCAB RIV 056007, be approved and the City Attorney be authorised to execute -said Retainer Letter. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City's Legal Counsel be authorized to retain the services of an expert consultant in the matter of Lexington Insurance Company, et.,al v. City of Vernon (Case No. VC040647). Motion carried It was moved by Gonzales, seconded by Ybarra, to approve the initiation of action against Zurich Company and that the city attorney be authorized to proceed as necessary. Motion carried There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting be adjourned,, the time being 6:25 p.m. Motion carried. L`egnzs C. Malb rg Mayor ATTEST! Bruce V. Malkenhorst City Clerk , Page 27 of 27