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20040616 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 16, 2004, 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, McCormick MEMBERS_ ABSENT: 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 June 2, 2004, be approved and adopted as submitted. Motion.carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2004, was presented-, advising that the below listed employees qualified in the month of May 2004 for a Perfect Attendance Award, This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award 05/15/00 Marisela Martinez Account Clerk 4 09/04/94 Victor Modesto Utilityman 'II 7 05/26/96Wesley Cruz Engineering Aide 8 01/23/89 Carlos Fandino Systems Manager 11 12/21/87 Renan Castro Utilityman II 14 05/16/88 Curtis Kirkland Senior Electronics Technician 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. - Date of Hire Employee Award 08/14/89 Ruben Herrera Utilityman 111' 2 0.6/14/92 Marco Reynoso Utilityman III• 2 08/11/80 Louie Saenz Utilityman 11 2 02/20/01 Celestino Chavez Police Officer 3 05/07/01 Anthony Encinas Police Officer 3 10/26/98 Jacqueline Hamilton Dispatcher 3 05/22/00 Jose Ortiz Villa Electric Service Planner Trainee 4 02/27/95 Michael Alway Police Sergeant- 8 08/17/87 Paul Woida Fire Engineer 11 11/05/90 Robin Tolmasoff Administrative Associate 13 The Mayor called a short recess at 5:04 p.m. The City Council reconvened in regular session at 5:06' p.m., all members present before the recess again being present-. The City Clerk asked the City Council to defer the following resolution to the next council meeting. Regular City Council Meeting Minutes June 16, 2004 RESOLUTION NO. 8470 = A Resolution of the City Council of the City of Vernon Commending Bruce W. Olson for his Many Years of Service to the City Of Vernon. It was moved by Gonzales,, seconded by Ybarra, that Resolution No, 8470 be deferred to the next council meeting,. Motion carried. Police Department Activity Log for the period June 1 through 15, 2004, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period June 1 through 15, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period June,1 through 15, 2004, was presented. .. IIt was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period June 1 through 15, 2004, be received and filed. Motion carried. Risk Management Report for the month of May 2004, was. presented. It was moved by Davis, seconded by McCormick, that the; Risk Management Report for the month of May 2004, be received and filed. Motion carried. Health Department Report for the month of May 2004, was presented, It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of May 2004, be received and filed. Motion carried. ORDINANCE NO. 1101 - An Ordinance of the City Council of the City of Vernon Granting to Southern California Edison Company, Its Successors and Assigns, a Franchise to Use and to Construct and Use Poles, Wires, Conduits and Appurtenances, Including Communication Circuits Necessary or Proper Therefore, In, Along, Across, Upon, Over and Under the Public Streets, Ways, Alleys and Places Within the City of Vernon for Transmitting and Distributing Electricity Through the City of Vernon, but not to Serve Retail, Wholesale, Resale or Other ;r Electric Customers Located in the City of Vernon, was read by title for a second and final reading_ It was moved by Gonzales, seconded by McCormick, that Ordinance No. 1101 be approved and adopted. Motion Carried. Councilman Davis abstained from voting on this matter., Ayes; Malburg, Ybarra, McCormick, and Gonzales Noes:. None Absent: None Abstained: Davis Page 2 of 17 Regular City Council.Meeting Minutes ; June 16, 2004 ORDINANCE NO. 1103 - An Ordinance of the City Council of the City of Vernon Amending Chapter 26 of the Code of ;the City of Vernon, California, 1959, by Amending Section 26,.4,6- 3(b) of said Code Regarding the Removal of Nonconforming Building,,Structures and Uses and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Ybarra, seconded by Davis, that Ordinance No.. 1103 be approved and adopted. Motion carried. Aye's: Malburg, kbarra, McCormick,,, Davis, and Gonzales Noes: None Absent: None .Abstained: 'None The City Clerk announced 'that now was 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 whished to address the Council at this time. Ronald Garcia,, Region Manager of Southern California Edison, addressed the City Council and provided an,.update on AB2006, the Reliable Electricity Act and the cost shift from utility to utility. Mr. Garcia also expressed his recent involvement with City staff and commended those employees to whom he was in contact with for the outstanding service they provided. There was no one else who wished to address the Council, J The City Clerk advised that now was the time to open the public hearing to consider a request for a Conditional Use Permit from Valley Fruit and Produce Co. dba-Reliable Transportation, Inc., located at 2043 Ross Street, to continue operating an existing truck and freight terminal. It was moved by Ybarra, seconded by Davis, to open the public hearing the time being 5:15 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 June 9, 2004, was presented, advising, that Valley Fruit and Produce Co. dba Reliable Transportation, Inc. (hereinafter referred to as "Valley Fruit✓') has submitted an application for a conditional use permit to operate an existing freight and truck terminal at 2043 Ross Street. The proposed operation will include the hauling and temporary storage of general products, which provides worldwide pick-up and delivery service of a wide range of items. The facility's operating hours will be 2:00 a.m.`to 6:00 p.m., Monday through Saturday..The applicant has not proposed any changes to the size, shape or topography of the existing site. Page 3 of 17 Regular City Council Meeting Minutes June 16, 2004 Submitted herewith are the following supporting documents':- 1:. Staff Report dated June 9, 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. 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 nosignificanteffects 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 11. 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, regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by.this grant of a conditional use permit. All trucking operations, including truck and trailer parking,, shall be limited to the lot located at 2043 Ross 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. e., Any extension, change in use, change in ownership interest, and/or the issuance of a new occupancy permit shall require a new conditional use permit,' d. 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_ Page 4 of 17 Regular City Council Meeting Minutes June 16, 2004 e The facility shall be operated in -a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal services. Collection service shall be performed by a City of Vernon franchised solid waste hauler. f The facility's buildings shall be structurally maintained maintained to exclude rodents and the property shall be maintained rodent free. g. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises and shall only be performed at facilities in compliance with appropriate codes. No inoperative vehicles shall be stored on -Site. All vehicles operated at the facility shall be tuned and maintained in accordance with applicable emission standards.: h. No equipment or freight shall be stored on the site other than in buildings, trailers or on the docks (outside storage is prohibited) i. In accordance with National Pollutant Discharge Elimination System permit regulations, Valley Fruit shall submit a Not -ice of Intent to the State Water .Resource's Control Board, and a Storm Water Pollution Prevention Plan shall be prepared and implemented. j. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation;. Valley Fruit shall provide a mop sink in the warehouse and provide hot water to sinks. k. Any hazardous substances used, handled and/or stored shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained if there.are reportablequantitiesof hazardous materials on the site. 1. Valley Fruit shall submit and maintain a Food Warehouse Permit from the City of Vernon Health Department.. M. The facility shall be operated ,in.a manner that will not impede traffic on Ross Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering shall take place on the public street, n. All existing cracked sidewalk, driveways;, .curb and gutter adjacent to the site on Ross Street shall be repaired and maintained to meet City standards;, o,., The site shall not generate more than 40 truck trips (20 inbound and 20 outbound) per day. Page 5 of 17 Regular City Council Meeting Minutes June 16, 2004 p. This Conditional Use Permit (CUP) shall become void on January 1, 2009 in accordance with Section 26.4.6-3 of the -Vernon Municipal Code or when Valley Fruit no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first Upon the permit becoming void, Valley Fruit shall vacate the site. 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 McCormick, to close the public hearing, the, time ,being 5:18 p,m. Motion carried. It was moved by Gonzales, seconded by McCormick, 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 Ybarra, seconded by Davis, that the City Council determines that the project will not have a significant effect on the environment. Motion carried. I;t was moved by McCormick, seconded by Davis, that the City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated June 9, 2004, and any and all supporting documents submitted as evidence during the public heari,ng.be received and filed; and, his recommendation be approved.' Motion carried. RESOLUTION NO. 8457 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Valley Fruit and Produce Co. dba Reliable Transportation, Inc. ,for the Operation of an existing Freight and Truck Terminal at 2043 Ross Street, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8457 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 A & M Express, Inc., located at 4641 Hampton Avenue, to continue operating an existing freight and truck terminal, It was moved by McCormick, seconded by Gonzales, to open the public hearing the time being 5:20 p.m. Motion carried. The Director of Community Services and 'Water,: Kevin Wilson, addressed the City Council,' briefly addressed the issues involved in this matter, and asked that the public hearing be continued to the next Regular City Council, Meeting.; Page 6 of 17 Regular City Council Meeting Minutes June 16, 2004 ' Communication from Kevin Wilson, Director of Community Services and Water, dated June 9,, 2004,'was presented, advising that A & M Express, Inc. (hereinafter referred to as "A & M":) has submitted an application for a conditional use permit to operate an existing truck and freight terminal at 46.41 Hampton Street The proposed operation will include the hauling and temporary storage of general products, which provides worldwide pick-up and delivery service of a wide range of items,. The facility's operating hours will be 6:00 a.m. to 8:'00 p.m,., Monday through Friday with occasional Saturday work as 'needed. The applicant has not proposed any changes to the size, shape or topography of J the existing site. Submitted herewith are the following supporting documents; 1. Staff Report dated June 9, 2004. 2. Request for conditional use permit and information supporting the application, 3.. Notice of Public Hearing, copies of notification letters to owners and tenantsin 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. 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. 3.1 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, regulations and subject to permit fees as adopted by the City of Vernon not other'aise addressed by this grant of a conditional use permit. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 4641 Hampton Street in the City of Vernon. b. All required federal, state, local :and regulatory agencypermits shall be obtained prior to 'operation. Prior to occupancy a business license and occupancy permit shall be obtained'. Page 7 of 17 Regular City: -Council Meeting Minutes June 16, 2004 C. Any extension, change in use, change in ownership interest, and/or the issuance of a new occupancy permit shall require a new conditional use permit. d. 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 areasadjoin the public street a barrier wall or landscaping shall be installed and maintained to meet Citystandards. Adequate on -site parking shall be maintained so that no off-street parking will occur. e.. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances:: The property shall be provided with - - adequate refuse containers and refuse disposal services. Collection service shall be performed by a City of Vernon franchised solid waste hauler. f The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent freer g. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises and ;shall only be performed at facilities in compliance with appropriate codes,. No inoperative vehicles shall be stored on -site. All ` vehicles operated at the facility shall be tuned and maintained in accordance, with applicable emission standards,: h. No equipment or freight shall be stored on the site other than in buildings, trailers or on the docks (outside storage is prohibited) i., A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources,, and a Storm Water Pollution Prevention, Plan shall be prepared and implemented. j., Adequate plans and materials must be available.for handling leaks or spills from vehicles during storage or transportation. k. The facility shall be operated in a manner that will not impede traffic on Hampton Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering shall take place on the ,public street 1. All existing cracked sidewalk, driveways, curb and gutter adjacent to the site in Hampton Street shall be repaired and maintained to meet City standards. Page 8 of 17 Regular City Council Meeting Minutes June 16, 2004 M. This Conditional Use Permit shall become void on= January 1, 2009 in accordance with Section 26.4.6-3 of the Vernon Municipal Code or when A & M no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first. Upon the permit becoming void, A & M shall vacate the site. i The Mayor asked if anyone in the audience had any questions regarding this matter. Mr. Robert C. Argetsinger, property owner of 4641 Hampton Avenue; addressed the City Council and gave his comments on this matter. Mr. Al Zazueta, business owner of A & M Express, Inc., addressed the City Council and explained the situation from his point of view on this matter. Mr.. Art Marachelian„ business owner of Superior Electric, addressed the City Council and gave his opinion on the parking issues in this matter. Mr. Zazueta explained to the City Council the parking issues previously addressed by Mr, Marachelian'. Mr. Argetsinger expressed that he was unaware of the damage to his property previously mentioned and added that the - parking issues are annoying to the surrounding businesses, Mr. Argetsinger thanked the City Council for working with him on this matter. The Mayor asked if anyone else in the audience had any questions regarding this matter. These was no one wishing to make any comments at this time. Councilman Gonzales -advised that the Director of Community Services and Water would be working with the owners present on this matter. The Director of Community Services and Water reiterated Councilman Gonzales, comment. RESOLUTION`NO. 8458- A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to A & M Express, Inc, for the Operation of an Existing Freight and Truck Terminal at '4641 Hampton Street: I't was moved by McCormick, seconded by Ybarra, to continue the public hearing to the next Regular City Council Meeting, the time being 5:35>p.m.`Moti6n carried. The City Clerk asked that the following communication dated May 20, 2004, and Resolution No. 8448 be deferred to the next council meeting., Page 9.of 17 Regular City Council Meeting Minutes June 16, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 20, 2004, advising that at this time it is necessary that a resolution be adopted to express the City's desire to advance and protect its employment base by providing financial economic advantages. to that employment base through the creation of a Development Trust. This program will also allow the City to create'support for existing industries located within the City that are utilizing' the power from the Malburg Generating Station Project This has been reviewed by the City Attorney and it is hereby recommended that the following resolution be approved. (Deferred from City Council Meeting held June 2, 2004) RESOLUTION NO. 8448 - A Resolution of the City Council of the City of Vernon Declaring its Intention to Create -a Development Trust that is Empowered to Act for and on Behalf of' the City under the Direction of the City Council Utilizing the Credit and Security of the ,City to Accomplish the Goal of Industrial Development, (Deferred from City Council Meeting held June 2, 2004) It was moved by Ybarra, seconded by Davis, that the aforementioned communication, dated May 20, 2004, and'Resolution No. 8448 be deferred to the next council meeting. Motion carried. Communication from BruceV.IMalkenhorst, City Administrator/City Clerk, dated June 8, 2004, was presented, advising that in accordance with Ordinance No. 1067, adopted December 1998, any solid waste collection company doing business in Vernon is required to apply for a solid waste non-exclusive franchise agreement with the City. The franchise agreement requires the submission of waste generation and recycling reports and a franchise fee on gross receipts. UnitedPacificWaste has submitted a solid waste non-exclusive franchise agreement package to include: two original agreements, insurance documentation, and a performance bond instrument, This has been reviewed by the Director of Environmental Health and the City Attorney. It is hereby recommended that the solid waste non-exclusive franchise agreement with United Pacific Waste be approved. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City - Clerk, dated June 8, 2004, be received and filed -and his recommendation approved. Motion carried. RESOLUTION NO. 8466 - Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Non -Exclusive Solid.Waste Franchise Agreement Pursuant to Article VI of Chapter 12 of the Vernon City Code By and Between the City of Vernon and United Pacific Waste, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8466 be approved and adopted. Motion carried. Page 10 of 17 Regular City Council Meeting Minutes June 16, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 8, 2004, was presented, advising that in accordance with Government Section 65400(b), the Director of Community Services and Water has submitted the 2003-2004 Annual Report on the status of the Vernon Generale Plan, Submittal of said Report also meets the requirements of Section 21081.E of the California Public Resources Code and it is hereby recommended that the Report be approved and a Resolution adopted approving, the same. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated June 8, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8465 - A Resolution of the City Council of the 'City of Vernon Approving and Adopting the Annual ,Report on the General Plan For Fiscal Year 2003-2004, was presented It was moved by Davis, seconded by McCormick, that Resolution No. 8465 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City - Administrator/City Clerk, dated June 9, 2004', was.presented, advising that the Health Department is requesting to enter into an agreement with K.J. Services (K.J.) for consulting purposes:; K.J. has assisted the department with the implementation of the Used Oil Recycling Program, the Beverage Container Recycling Grant Program, and has improved the City of Vernon's public awareness of recycling opportunities. K.J. has also helped the City comply with the State Mandated AB 939 law. It `is hereby recommended that K.J. Services be retained and that the City Attorney be authorized to prepare a Consulting Agreement for fiscal year 2003-2004 at a not -to -exceed amount of $12,000.00, It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated June 9, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8463 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and Kevin sales, dba KJ Services, Relating to 2004/2005 Grant Programs, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8463 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2004, was presented, advising that in accordance with Ordinance No. 1076 (Special Parcel Tax) it is necessary to take action prior to the beginning of the new fiscal year to approve a list of properties: subject to the tax. Page 11 of 17 Regular City Council Meeting Minutes June 16, 2004 Submitted herewith is a revised property list for fiscal year 2004-2005, It is'hereby recommended that the tax rate to be imposed on the parcels (per the attached list) pursuant ,to Ordinance No. 1076 to remain the same. It was 'moved by Davis, seconded by Ybarra, that the aforementioned .communisation from the City Administrator/City Clerk, dated June 9, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8459 - A Resolution of the City 'Council of the City of Vernon Determining the Tax on all Parcels Subject to the Special Parcel Tax Imposed by Ordinance No. 1076 for Fiscal Year 2004-2005, was presented. It was ,moved by Gonzales, seconded by McCormick, that Resolution No. 8459 be approved and adopted. Motion carried. Communisation from Kevin Wilson, Director of Community Services and Water, dated May 24, 2004, was presented, transmitting a fully executed Grant Deed from United Food Group LLC for the properties located at 3461'and 3501 Vernon Avenue, which is one parcel; The properties will be used for street purposes. It is hereby recommended that the Grant Deed be approved and the Mayor and City Clerk be authorized to sign. It was moved by Ybarra, seconded by Davis, that the - aforementioned communication from the Director of Community Servicesand Water, 'dated May 24, 2004, be received and filed and his recommendations approved. Motion carried. Communication from Manuela Giron, Acting Library Secretary, dated June 9, 2004, was presented, advising that the term of Library Trustee W. Michael McCormick 'expires on June 30, 2004, and it is hereby requested that he be reappointed to a new three-year term commencing July 1 2004.: It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Acting.Library Secretary, dated June 9, 2004, .be received and filed and her recommendation approved. Motion carried. RESOLUTION NO. 8461 A Resolution of the City Council of the City of Vernon Reappointing William McCormick to Serve as a Trustee on the Board of Library Trustees, was presented. Communication from Lewis Pozzebon, Director of Environmental Health, dated June 7, 2004, was presented, requesting authority and funds for Senior Environmental Specialist Leonard Grossberg to attend the "Manager of Landfill Operations Training" in Whittier on August 31 through September 3, 2004, with an expense allowance of $809.00, It was moved by McCormick, seconded by Davis, that authority and funds be approved for Leonard Grossberg to attend the aforementioned training with an expense allowance of, $809.00, Motion carried. Page 12 of 17 Regular City Council Meeting Minutes June 16, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 7, 2004, was presented, requesting authority and funds for Electrical Engineer Otis Smith to attend the "Schweitzer Engineering Laboratories Fault Location Workshop" in Westlake Village -on June 22, 2004, with an expense allowance of '$77.43. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Otis Smith to attend the aforementioned workshop with an expense allowance of $77.43. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated June 9, 2004, was presented, requesting authority and funds for Code Enforcement Inspector William Wilson to attend the "Prevention 1B Training" in Garden Grove on June 14 through 18, 2004,.with an expense allowance of $220.00. It was moved by Gonzales, seconded by Davis,,that authority and funds be approved for William Wilson to attend the aforementioned training with an expense allowance of $220.00. Motion carried. The City Clerk asked that the following resolution be deferred to the next council meeting. RESOLUTION NO. 8449 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to; Lease Agreement and Waiver of Responsibility and Release of Liability By and Between the City of Vernon and Charles D. Perry III for the Malburg Generating Station Project. (Deferred from City Council Meeting held June 2, 2004) It was moved by Ybarra, seconded by Davis, that Resolution No. 8449 be deferred to the next council- meeting. Motion carried. The City Clerk asked that the following resolution be deferred to the next council meeting. •RESOLUTION NO. 8462 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Consulting Services By and Between the City of Vernon and R. W. Beck, Inc. for Telecommunication Services. It was moved by Gonzales seconded by McCormick, that Resolution No. 8462be deferred to the next council meeting.'' Motion carried.. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 1.0, 2004, was presented, transmitting the Minutes for the Adjourned City Council Meeting - Finance Committee Section, held on June 8, 2004, for approval of the recommendations contained therein.. It was moved by Ybarra,, seconded by Davis, that the recommendations on, the Minutes for the Adjourned City Council Meeting - Finance Committee Section, held on June 8, 2004', be approved. Motion carried. Page 13 of 17 Regular City Council Meeting Minutes June 16, 2004 RESOLUTION NO. 8467 - A Resolution of the City..Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Rhino Construction Services Regarding the Malburg Generating Station Project, was presented, I-t was moved by Ybarra, seconded by Gonzales, that Resolution No., 8467 be ;approved and adopted. Motion carried. RESOLUTION NO. 8468 - A 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 Carpet King Carpet -One Regarding the Malburg Generating Station Project, was presented. Tt was moved by Ybarra, seconded by McCormick, that Resolution No. 8488 be approved and adopted. Motion carried,. RESOLUTION NO, 8469 -- A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Master Agreement for Products and Services By and Between the City of Vernon and Norstan Communications, Inc, was presented-. It was moved by Gonzales, seconded by Ybarra; that Resolution No. 84,69 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated,June 10, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting - Finance Committee Section, to be held on June 14, 2004, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular City Council Meeting - Finance Committee Section, held June 14, 2004, be approved. Motion carried. RESOLUTION NO. 8460 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the City of Vernon and Steven E. Parker, was presented. It was moved by Ybarra,fseconded'by Gonzales, that Resolution No. 8460 be approved and adopted. Motion carried. RESOLUTION NO. 8464 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the'Execution of an Investment Agreement By and Among the City of Vernon, BNY Western Trust Company and Bayerische Landesbank Regarding the Malburg Generating Station Project, was presented. It was moved by McCormick, seconded -by Davis, that Resolution No. 8464 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of - Personnel, dated June.10, 2004, was presented, transmitting the Agenda for the Regular City Council Meeting - Personnel Committee Section, to be held on�June 16, 2004, for approval of the recommendations contained therein. Page 14 of 17 Regular City Council Meeting Minutes June 16, 2004 It was moved by Ybarra, seconded by Gonzales, that the recommendations .on the Agenda for the Regular City Council Meeting - Personnel Committee Section, 'held June 1,6, 2004, be approved. Motion carried, City of Vernon Warrant Register No. 1140 covering claims and demands presented during the period of May 27, 2004 .through June 9, 2004 drawn on Bank of America totaling $531,811.85, which includes Demand Nos. 301061 through 301299 and 301300 through 301302 (inclusive), and also excluding, Void Demand Nos. as listed below. (Accounting period June 2004,)f 301082 30110,0 301131 301135 301147 301148 301149301150 301151 301152 301201 301202 301203 It was.moved by Davis, seconded by Gonzales, that the City of Vernon Warrant Register No. 1140 be approved and payment authorized for claims ,and demands totaling $531,,811.85, excluding Light & Power demands and voided checks As listed above-. Motion carried. Light & Power of the City of 'Vernon Warrant Register No. 105 covering claims and demands presented during the period of May 27, 2004'through June 9, 2004 drawn on Bank of America totaling $2,046,187.04, which includes Demand Nos. 500283 through 500346 (inclusive), and also excluding Void Demands Nos.., as listed below.. (Accounting period June 2004), 500291 500314 500315 500316 500317 500318 500319 It was moved by Gonzales, seconded by Ybarra, that the, Light .,& Power of the City of Vernon Warrant Register No. 105 be approved and payment authorized for Light & Power's claims and demands totaling $2,046,187.04. 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 City of Vernon Warrant Register No.576 covering claims and Demands Presented during the period of April 18, 2004, through May 15, 2004, drawn on.Wells Fargo Bank totaling $1,993,672,71, which includes Demand Nos, 8588 through; 8601, (inclusive) (Accounting period,May 20,04),, It wasmovedby Gonzales;, seconded by Ybarra, that the Payroll City of Vernon Warrant Register No. 576 be approved and payment authorized for claims and demands totaling $1,993,672.71. Motion carried. The Mayor called a short recess at-5,:50 P.M. The City Council reconvened in regular session at 5:55 p.m,., all members present before the recess again being present., The City Clerk announced that now was the time to go into closed session with respect to employee discipline/ dismissal/release matters: Page 15 of 17 Regular City Council Meeting Minutes June 16, 2004 It was moved by Gonzales, seconded by Davis, that the City Council go into closed session with respect to every item of business to be discussed pursuant to Government Code Section 54957, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, the time being 5;55 p.m. Motion carried.' All persons were excluded from closed session'with the exception of the City Administrator/City Clerk, City Attorney, Director of Community Servi-ces & Water-, Assistant to the.Chief Deputy City Clerk, Generation Operations Manager, and Systems Coordinator II. The Mayor ordered all communications to and f'rom closed session deemed privileged and confidential, Systems Coordinator II was excused from closed session at 5:58 P.M. The Generation Operations Manager was excused from closed session at 6:02 p.m. It was moved by Davis, seconded by Ybarra, that the Council go out of closed session with respect to employee discipline,/dismi5sal/release matters, the time being 6:02 p.m., Motion carried. It was reported out that the City council had a conference with respect to Government Code Section 54957, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE and that appropriate direction was given to staff. The City Clerk announced that now was the time to go into closed session with respect to existing litigation. It was moved by McCormick, seconded by Davis, to go into closed session with respect to existing litigation matters, the time being 6:05 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, and the Assistant to the Chief Deputy City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential, It was moved by Ybarra, seconded by McCormick, that the City Council go out of closed session with respect to existing litigation matters, and resume regular session, the time being 6:15 p.m. Motion carried. It -was reported out that the City Council had a conference with the City Attorney in closed session and direction was given to the City Attorney to take appropriate action in the matter's of LASC Case No. BC 238846 cons. with LASC Case No. BC 238841 and LASC No. BS 089769. No action was taken on the remaining of the existing litigation matters. Page 16 of 17 Regular City Council Meeting Minutes June 16 , 2 0 0!4 - There being no further business tocomebefore the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting be adjourned to June 30, 2004, at 5:00 p.m., the time being 6:20 p.m. Motion carried. �jeis C. M�urg Mayor ATTEST: Bruce V. Malkenhorst City 'Clerk