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20040728 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNEDREGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 28, 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 MEMBERS ABSENT: McCormick The meeting was called to order by Mayor Malburg. It was moved by Davis, seconded by Gonzales, that the Minutes of the Adjourned Regular City Council Meeting held July 14, 2004, be approved and adopted.as submitted. Motion carried. Communication from 'Bruce V. Malkenhorst,; City Administrator/City Clerk, dated July 12, 2004, was presented, advising that the below listed employees qualified in the month of June 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 06/24/02 Danita Robertson Records Manager 2- 06/25/01 David LeDuff Environmental Specialist' 3 01/07/91 Bradley Mack Firefighter 3 06/07/99 Judy Lehr Legal Secretary 5 06/22/98 Otis Smith Electrical Engineer 6 06/27/82 Kevin Wilson Director of Community Services & Water 6 04/22/80 Steven Towles Police Captain 9 04/28/85 Donald Quiroz Facilities Coordinator 10 06/11/90 Christopher Romero Administrative Aide I 11 03/16/86 Robert Martinez Utilityman I11, •12 05/19/86 Fernando Rodriguez Police Sergeant 12 , 04/27/88 Solomon Benudiz Chief of Police 13 08/30/87 Juan Arellano Utilityman I 14 04/01/84 Gary Sawyer Utilityman ,I1 14 02/21/82 Jose Cervantes Utilityman I1 15 12/21/87 Victor Trujillo' 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. Date of Hire Employee Award 01/02/96 Maria Alway Senior Dispatcher 2 06/24r/02- Edward Hernandez Police Officer 2 06/18/01 Alejandro Nevarez Utilityman III 2 04/08/02 Richard Villegas Police Officer 2 06/18/01 Kent Stevenson Police Officer 3 11/28/79 Mason Chancey Police Officer 5 09/18/89 Jeffrey Graves Fire Captain 9 0`.9/03/85 David 2apien Police Sergeant 13 Adjourned Regular City Council Meeting Minutes July 28, 2004 The Mayor called,a short recess at 5:07 p.m. The,City Council reconvened in regular session at 5:10 p.m., all members present before the recess again being present. A Proclamation of the Mayor and the City 'Council of the City of Vernon Congratulating 34 Vernon Businesses on Receiving Certificates of Recognition from the County Sanitation Districts of Los Angeles County in Recognition of their Compliance with Industrial Wastewater Discharge Requirements for 2003, was presented. Air Products & Chemicals, Inc. Allied:'Feather & Down Corp. Angelus Sanitary Can Machine Co. Apffel Gourmet Coffee Berney -Karp, Inc. Technowebbing, Inc. Christensen Plating Works, Inc. Dunn Edwards Corporation Engineered Applications Fisherman's Pride Processing, Inc. Gardner -Gibson,, Inc. Hi Point, LLC Huxt.able's Food; LLC International Paper California J & J Snack Foods Corp of CA. Jensen Industries, Inc. Kennedy Name Plate L A Wash Rack, Inc. Masson Cheese Corporation Owens Brockway Glass Container Packaging Corporation of America Papa Cantella's Inca Pechiney Cast Plate Popular Textile Corporation; Rite -Way Meat Packers, Inc. Saint-Gobain Containers,' LLC Self industries, Inc., Southland Box Co. Southwest Processor's, Inc. Tissurama Industries Inc. Vernon Sanitation Supply Co,, Inc. VernonTruckWash West Coast Fertilizer & Rendering; Co. West 'Soto Street Partners The Mayor called a short recess at 5:15 p.m. The City Council. reconvened in regular session at 5:17 p.m., all members present before the recess again being present; Police Department Activity Log for the period July 1 through 15, 2004, was presented. It was movedbyGonzales, seconded by Davis, that the Police Department Activity Log for the period July 1 through 15, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period July 1 through 15, 2004, was presented. It was moved by Ybarra,.seconded by Davis:, that the Fire Department Activity Report for the period July 1 through 15, 2004, be received and filed. Motion carried. Risk Management Report for the month of June 2004, was presented. It was moved by Davis, seconded by Gonzales, that Risk Management Report for the month of June 2004, be received and filed. Motion carried. Health Department Report for the month of June 2004, was presented, It was moved by Ybarra, seconded by ;Gonzales, that the Health Department Report for the month of June 2004, be received and filed. Motion carried. Page 2 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 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. Marisa Olguin, Interim Director of the Vernon Chamber of Commerce, addressed the City Council and formally introduced herself. There was no one else who wished to address=the City Council. 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 Ybarra;, seconded by Davis, 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 and asked that the public hearing be continued to the next City Council Meeting. Communication from Kevin Wilson,, Director of Community Services and Water, dated June 9, ,2004, 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 4641 Hampton Street. The proposed operation will include the hauling and temporary storage of general products, which provides worldwide pick-up land delivery service. 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 the existing site.,, Submitted herewith are the following supporting documentso 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 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 determines; 1. That the project.is consistent with the General Plan as adopted by the City of Vernon, Page 3 ,of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 _ 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. A11 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 agency permits shall.be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. C. Any extension, change in use, change in ownership interest, and/or the issuance of anew occupancy permit shall require a new conditional use permit. d. All parking and loadingfacilities 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 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 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). Page 4 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 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 M. This Conditional Use Permit shall become void on January 1, 2029 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. 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, (Continued from City Council Meeting held July 14, 2004.,) It was moved by Gonzales, seconded by Davis, to continue the public hearing to the next City Council Meeting, the time.being 5:20 p.m. 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 Wade Transportation Co:, Inc., located at 2065 Ross Street, to continue operating an existing freight and truck terminal: It was moved by Ybarra, seconded by Davis, to open the public hearing the time being 5c20 p.'m. Motion carried. Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter and the staff report. Communication from Kevin Wilson, Director of Community Services and Water, dated July 14, 2004, was presented, advising that Wade Transportation Co., Inc. (hereinafter referred to as "Wade Transportation") has submitted an application for a conditional use permit to operate an existing truck and freight terminal at 2065 Ross Street. The proposed operation will include the hauling and temporary storage of general products, which provides worldwide pick-up and delivery services, The facility's operating hours will be 4:00 a.m. to 9:,00 p.m., Monday through Friday. The applicant has notproposedany changes to the size, shape or topography of the existing site.. Page 5 of 2':0 Adjourned Regular City Council Meeting Minutes July 28, 2004 Submitted herewith are the following supporting documents: 1. staff Report dated July 14, 2004.` 2,. Request for conditional use permit and information supporting the application. 1; 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 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. 3i That the project will not individually or cumulatively have an - adverse effect on wildlife resources. Ilt 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 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 2065 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. c,: Any extensions, 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. 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 by a City of Vernon franchised solid waste hauler. Page 6 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 f. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. g. Servicing of vehicles, including washing„ steam cleaning and repairing shall be performed in 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, Wade Transportation shall submit a Notice of Intent to the State•Water Resources 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. 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 reportable quantities of hazardous materials on the site, , 1. 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 or vehicle parking shall take place on the public street, M. All existing cracked sidewalk, driveways, curb and gutter adjacent to the site on Ross Street shall be repaired and maintained to meet City standards. n. The site shall not generate more than 40 truck trips (20 inbound and 20 outbound) per day. o. This Conditional Use Permit ('CUP) shall become void on January 1, 2029 in accordance with Section 26.4.6-3 of the Vernon Municipal Code or when Wade Transportation no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first. Upon the permit becoming void, Wade Transportation shall vacate the site. The Mayor asked if anyone in the audience had any questions regarding this matter. There were no comments or questions on this matter from anyone in the audience. Page 7 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 It was moved by Gonzales, seconded by Davis, to close the public hearing, the time being`5:28 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated July 14; 2004, and any and all supporting documents submitted as evidence during the public. hearing be received and filed and his recommendations approved. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Council hereby 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 Ybarra, that the City Council hereby determines that the project will not have a significant effect on the environment. Motion carried. It was moved.by Davis, seconded by Gonzales, that the City Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. RESOLUTION NO. 8497 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Wade Transportation Co., Inc. for the Operation of an existing Freight and Truck Terminal at 20^'65 Ross Street, was,presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8497 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 Trans Pacific Refrigerated Consolidators, Inc., located at 2065 Ross Street, to continue operating an existing freight and truck terminal. It was moved by Davis, seconded by Ybarra, to open the public hearing the time being 5:29 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized, this matter and the staff report. Communication from Kevin Wilson, Director of Community Services and Water, dated July 14, 2004, was presented, advising that Trans Pacific Refrigerated Consolidators, Inc. (hereinafter referred to as "Trans Pacific") has submitted an application for a conditional use permit to operate an existing freight and truck terminal at 2065 Ross Street:. The proposed operation will include the hauling and temporary storage of general products, and delivery services:, The facility's operating hours will be 7:30 a.m. to 6:00 p.m., Monday and Tuesday, and 8:00'a.m, to 2:00 p.m., Wednesday through Friday. The applicant has not proposed any changes to the size, shape or topography of the existing site,. Page 8 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 Submitted herewith are the following supporting documents; 1. Staff Report dated July 14, 20Q4. 2. Request for conditional use permit and information supporting the application. 3. Notice of rPublic 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 15,301. 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 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 2065 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. C. Any extensions, 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 noon -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. Page 9 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 f. The facility shall be operated in such a manner that noise and vibration shall not be a nuisance to neighborhood properties. At no time shall noise exceed 6'5db or vibration exceeds four hundredths of an inch per second particle velocity when measured at the property line.: g. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained "rodent free h. 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. i., No equipment or freight shall be stored on the site other than in buildings, trailers:or on the docks (outside storage is prohibited): j, In accordance with National 'Pollutant Discharge Elimination System permit regulations, Trans Pacific shall submit a Notice of Intent to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan shall be prepared and implemented. k. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. Trans Pacific shall provide •a mop sink in thewarehouseand provide hot water to sinks 1Any 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 reportable quantities of hazardous materials on the site, M. Trans Pacific shall submit and maintain a Food Warehouse Permit from the City of Vernon Health Department.: n. The facility shall be operated in a manner that will not impede traffic on Ross Street. All vehicle's shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking shall take place on the public street.: o, All existing cracked sidewalk, driveways, curb ,and gutter adjacent to the site on Ross Street shall be repairedand maintained to meet City standards. P. This Conditional Use Permit (CUP') shall become void on January 1, 2029 in accordance with Section 26.4-.6-3 of the Vernon Municipal Code or when Trans Pacific no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first. Page 10' of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 Upon the permit becoming void, Trans Pacific shall vacate the site, Councilman Davis asked the Director of Community Services if both Wade Transportation Co., Inc., and Trans Pacific Refrigerated Consolidation, Inc. would be utilizing the same, electric meter due to both occupying the same location, Mr. Wilson responded that he would assume that the owner of the property would be dividing the electric services. The City Clerk asked if there are refrigerated services installed at this location. Bob Touring, Outreach Consultant, addressed the City Council and responded that there were norefrigerated services installed at this location. He advised that the loading trucks are refrigerated and that they were only at this site for a couple of hours before the next truck arrived to be loaded. The Mayor asked if anyone in the audience had any questions regarding this matter. Henry Montes de Oca, President of Trans Pacific Refrigerated Consolidators, Inc., addressed the City Council and informed them that they do not warehouse any products and therefore refrigerated services are not needed at this location. There was no one else wishing to address the City Council on this matter. It was moved by Gonzales, seconded by Davis, to close the public hearing, the time being 5:40 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated July 14, 2004, and any and,all supporting documents submitted as evidence during the public hearing be received and filed and his recommendations approved.. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council hereby determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved.by Davis, seconded by Ybarra, that the City Council hereby determines that the project will not have a significant effect on the environment. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried-. RESOLUTION NO. 8496 - A Resolution of the City Council of -the City of Vernon Granting a Conditional Use Permit to Trans Pacific Refrigerated Consolidator, Inc,. for the Operation of an Existing Freight and Truck Terminal at 2065 Ross Street, was presented. Page 11 of '20 Adjourned Regular City Council Meeting Minutes July 28, 2004 It was moved by Ybarra, seconded by Davis, that Resolution No. 8496 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 21, 2004, was 'presented, advising that the Fire Department has revised their rules and regulations to ensure compliance with all City of Vernon procedures and policies and all State and federal laws. This has been reviewed by the City Attorney and it -is hereby' recommended that the Fire Department's procedural rules and regulations be approved and adopted. It was moved by Gonzales;, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated July 21, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8499 - A Resolution of the City Council of the City of Vernon Approving and Adopting City of Vernon Fire Department Rules and Regulations, was presented. It was moved by Davis, seconded by Gonzales,, that Resolution No. 8499 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 21, 2004, was presented, advising that on March 16, 2004,; this legislative body approved the Finance Committee's recommendation to purchase a software upgrade for the Police Department's Crimeview software from Omega Group, Inc. The Professional Services Agreement has been finalized by the City;Attorney's office and it is hereby recommended that the agreement be executed. .It was movedby Ybarra, seconded by Davis, that the aforementioned communication from the CityAdministrator/City Clerk, dated July 21, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION N0. 8498 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Professional Services Agreement By and Between the City of Vernon and The Omega Group, Inc, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8498 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 21, 2004,I was 'presented, recommending that the attached retention schedule for the Vernon Historic Preservation Society of the City of Vernon„ as submitted by the City Attorney, be adopted. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated July 21, 2004, be received and filed and his recommendation approved. Motion carried, A Page 1'2 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 RESOLUTION NO. 8503 - A Resolution of the .City Council of the City of Vernon Approving Resolution No;, VHP'S-0003 which approves a Records Retention Schedule for the Vernon Historic Preservation Society,, was presented. It was moved by Davis, seconded .by Gonzales, that Resolution No, 8503 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, datedJuly21 2004, was presented, recommending that the attached retention schedule for the Industrial Development Authority of the City of Vernon, as submitted by the City Attorney, be. adopted,. It was moved by Ybarra, seconded by, Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated July 21, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8502 - A Resolution of the City Council of the City of Vernon Approving Resolution No. IDA-10 which approves a Records Retention Schedule for the Industrial Development Authority of the City of Vernon, was presented. It was moved, by Davis, seconded by Ybarra, that Resolution No. 8502 be approved and adopted. Motion carried-. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 21,.2004, was presented, recommending that the attached retention schedule for the Redevelopment Agency of the City of Vernon, as submitted by the City Attorney, be adopted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated July 21, 2004, be received and filed and his recommendation approved. Motion carried.. RESOLUTION NO. 8501 - A Resolution of the City Council of the City of Vernon,Approving Resolution No:. RA-244, which' approves a Records Retention Schedule for the Redevelopment Agency of the City of 'Vernon, was presented,. It was moved by Ybarra, seconded by Davis, that Resolution No. 8501 be: approved and adopted.Motion carried, Communication from Kevin Wilson, Director of Community Services and Water, dated July 12, 2004, was presented, transmitting a fully executed Grant Deed from Leonis C. Malburg, Trustee of the Malburg Family Trust (Leonis'C. Malburg Separate share) a corner portion ofproperty located at 4800 SotoStreet. The property will be used for street purposes. It is hereby recommended that the Grant Deed be approved and the Mayor Pro Tem and City Clerk be authorized to sign. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated July 12, 2004, be received and filed and the Grant Deed and Certificate of Acceptance be approved and executed.. Motion carried. Mayor Malburg abstained from voting on this matter. Page 13 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 Communisation from Kevin Wilson, Director of Community Services and Water, dated July 12, 2004, was presented, transmitting a fully executed Grant Deed from DEUTSCH/SDL LTD for the property located at 4809 Alcoa Avenue. The property will be used for stree.t�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 Services and Water, dated July 12, 2004,Ibe received and filed and the Grant Deed and Certificate of Acceptance be approved and executed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/'City Clerk, dated July 13, 2004, was presented,, advising that the League of California Cities' Annual Conference is scheduled to be held from September 17 through 19, 2004, and, it is necessary to designate a delegate and an alternate delegate in order for the City of Vernon to vote on any legislative matter during said conference. I't is hereby recommended that Mayor Pro Tem Thomas Ybarra be designated as the delegate and Councilman Hilario "Larry" Gonzales be designated as the alternate. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from .the City Administrator/City Clerk, dated July 12., 2004, be received and filed and his, recommendation approved. Motion carried. Communication from'`Kevin Wilson,' Director of Community Services and Water, dated July 7, 2004, was presented, requesting authority and funds for`the below listed personnel to attend the "Joint/Water Wastewater'' Instrumentation.Workshop" at Orange on August 11, 2004, with an expense allowance of $97.00 each • Donald Hurdle, Foreman • Gerald Chavez, Utilityman I I't was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed personnel to attend the aforementioned workshop with an expense allowance of $97.00 each. Motion carried. Communication from Sol Benudiz, Chief of Police, dated June 25, 2004, was presented, requesting authority and funds for Detective Michael Docherty to attend the "Surefire Lowlight Instructor Course" at Norco and Long Beach on August 5 and 6, with an expense allowance of $265.00, It was moved by Ybarra., seconded by Gonzales, -that authority and funds be approved for Detective Michael Docherty to attend the aforementioned course with an expense allowance of $265.00. Motion carried. Communication from Sol-Benudiz-, Chief of Police, dated July 13, 2004, was presented, requesting authority and funds for Detective Anthony Encinas to attend the "Western States Auto Theft Investigators Training Seminar" at San Diego on September 29 through October 1, 2004, with an expense allowance of $479.00<. Page 14 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Detective Anthony Encinas to attend the aforementioned seminar with an expense allowance of $479.00. Motion carried,. Communication from Sol Benudiz, Chief of Police,, dated July 15, 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 September 13 through 17, 2,004, with an expense allowance of $1,030.36, of which POST will reimburse $90 .92 each. •. Benjamin Potter • Miguel 'Torres It was moved by Gonzales; seconded by Ybarra, that authority and funds be approved for the above listed Police' - officers to attend the aforementioned seminar with an expense allowance of $1,030.36 each. Motion carried. Communication from Sol-Benudiz, Chief of Police, dated July 16, 2004, was presented, requesting authority and funds for Detective Inez Aragon to attend the "Background Investigation Update Course" at Irvine on September 13 and 14, 2004, with an expense allowance of $229.00, of which POST will reimburse $218.60 It was moved by Ybarra,.seconded by Davis, that authority and funds be approved for Detective Inez Aragon to attend the aforementioned course with an expense allowance of $229.00 Motion carried. Communication from Sol Benudiz, Chief of Police, dated July 16, 2004,.was presented, requesting authority and funds for the below listed police personnel to attend the "Pursuit Driver Training Update" at San Bernardino on August 18, 2004, withan expense allowance of'$222.80, cf which POST will reimburse $207.76 each. • Ben Busse, Sergeant •-Edward Hernandez, Police Officer • Jerry Chavez, Sergeant • Ana Quinones, Police Officer • Mason Chancey, Police Officer • Kent Stevenson, Police Officer • Ignacio Estrada, Police Officer • Donald Vanover,, Police Officer It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the 'above listed police personnel to attend the aforementioned training with an expense allowance of $222.80.each, Motion carried. The City Clerk asked that the following resolution be deferred to the next City Council Meeting. RESOLUTION NO. 8487 - 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 New Age Fuel, Inc, in Connection with the City's Public Benefit Program. (Continued from City Council Meeting held July 14, 2004.) Page 1:5.of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 , It was 'moved by Davis, seconded by Gonzales, that Resolution No. 8487 be deferred to the next City Council Meeting. Motion carried. The City Clerk asked that the following resolution be deferred to the next City Council Meeting. RESOLUTION NO. 8488 - 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 Standard Capital Group, Inc. Regarding the Malburg Generating Station Project and the Industrial Base Financing Project, (Continued from City Council Meeting held July 14, 2004.) It was moved by Davis, seconded by Gonzales, that Resolution No. 8488 be deferred to the next City Council Meeting.' Motion carried. The City Clerk asked that the following resolution be deferred to the next City Council Meeting. RESOLUTibN:NO. 8492 - 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 Power Products, Inc. for the Malburg Generating Station Project. :(Continued from City Council Meeting held July 14, 2004.) It was moved by Davis, seconded by Gonzales, that Resolution,No. 8492 be :deferred to the next City Council Meeting. Motion carried. RESOLUTION NO. 8493 - 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 Galliera, Inc. dba Trico Construction for the Malburg Generating Station Project (Continued from City Council Meeting held July 14, 2004), was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8493'be approved and adopted: Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 22, 2004,`was presented, transmitting the Agenda for the Regular City Council Meeting Finance Committee Section, to be held on July 27, 2004; for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned Regular City Council Meeting - Finance Committee Section, held on July 28, 2004, be approved. Motion carried. RESOLUTION NO. 8500 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Election to Extend the Term of the Lease with Charles D. Perry III Regarding the Malburg Generating Station Project, was presented. Page 16 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8500 be approved and adopted. Motion carried-. The City Clerk asked that the following resolution be deferred to the next City Council Meeting. RESOLUTION NO. 8504 -,A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of m an Agreement for Professional Consulting Services By and Between the City of Vernon and PIC Environmental Services for Site Assessment at 5001 S. Soto Street, It was moved by Gonzales, seconded by Davis, that Resolution No. 8504 be deferred to the next City Council Meeting. Motion carried. The City Clerk asked that the following resolution be deferred to the next City Council Meeting. RESOLUTION NO. 8505 -'A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Three to Agreement For Professional Consulting Services By and Between the City of Vernon and Raymundo Engineering Co,, Inc. Regarding Gas Distribution System. It was moved by Gonzales, seconded by Davis, that Resolution No. 8505 be deferred to the next City Council Meeting. Motion carried. RESOLUTION NO. 8506 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken Regarding the Purchase of Commercial ,Insurance Policies (Property and Excess Liability) through Arthur J. Gallagher & Co.,, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8506 be approved and adopted. 'Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July.22, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting - Personnel Committee Section, to be held on July 28, 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, held on July 28, 2004, be approved. Motion carried. City of Vernon Warrant Register No. 1143 covering claims and demands presented during the,period'of July 8, 20,04 through July 21, 2004 drawn on Bank of America totaling $1,022,484.11, which includes Demand Nos. 301644 through 301884 (inclusive), excluding check numbers 301726 through 301774, and 301644, 301647, 301649, 301651, 301659, 301666, 301667, 3,01673, 301676 through 301702, 301706, 301713, 301714 through 301717, 301725 and also excluding, Void Demand Nos. as listed below. (Accounting period June paid in July 2004), was presented: 301775 301776 301777 301778 301779 301780 Page 17 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 It was moved by Gonzales, seconded, by Ybarra, that the City of Vernon Warrant Register No. 1143be approved and payment authorized for claims and demands totaling $1,022,484.11,. excluding Light & Power demands and voided checks as listed above, Motion carried. City of Vernon Warrant Register No,; 1144 covering claims and demands presented during the period of July 8, 2004`' through July 21, 2004 drawn on Bank of America totaling $250,804.82, which includes Demand Nos.. 301726 through 301774, 301644, 301647, 30164,9, 301651, 30,1659, 301666, 301667, 301673, 301676 through 301702, 301706, 301713., 301714 through 301717, 301725 (inclusive), and also. excluding, Void Demand Nos. as listed below. (Accounting period July 2004), was presented: 301726 301727 301728 301729 301730' 301731 It was moved by Gonzales, seconded by Davis, that the City of Vernon Warrant -Register No. 1144' be approved and ;payment authorized for claims and demands totaling $250,804.82, excluding Light & Power demands and voided checks as listed above Motion carried. Light & Power of the`City of Vernon Warrant Register No. 108 covering claims and demands presented during the period of July 8, 2004 through July 21, 2004 drawn on Bank 'of America totaling $4,514,424.30, which includes Demand Nos. 500435 through 500493 (inclusive.), excluding check nos. 500442, 500444, 500445, 500446, 500451, 500454, and 500456, and also excluding Void Demands Nos., as listed below. (Accounting period June paid in July 2004), was presented: 500466 500467 500468 500469 500470 500471 It was moved by Ybarra, seconded by Gonzales, that the Light & Power of the City of Vernon Warrant Register No.. 108, be approved and payment authorized for Light & Power's claims and demands totaling $4,514,424.30.. Motion carried, Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Light & Power of the City of Vernon Warrant Register No. 109 covering claims and demands presented during the period of July 8, 2004 through July 21, 2004 drawn on Bank of America totaling $119,796.99, which includes Demand Nos. 500451 through 500505, and 500442, 500444, 500445, 500446, 50.0451, 50,0454, and 500456,,and 500387 (inclusive) also excluding void demands nos., as listed below (Accounting period July 2004), was presented, 500494 500495 500496 50,0497 500498' 500499' It was moved by Ybarra,- seconded by Gonzales, that the Light & Power of the City of Vernon Warrant Register No; 109 be approved and payment authorized for Light & Power's claims and demands totaling $119,796.99. 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. Page 18' of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 Payroll City of Vernon Warrant Register No.577 covering claims and Demands Presented during the,period of May 16, 2004 through June 1-2, 2004, drawn on Wells Fargo Bank totaling $2,007,996.99, which includes Demand Nos. 8602 through 8619, and 106 (inclusive), (Accounting period -June 2004). was presented. I't was 'moved by Ybarra, seconded by Davis, that the Payroll City of Vernon Warrant Register No. 577 be approved and payment authorized for claims and demands totaling $2,007,996.99.. Motion carried. The Mayor called a short recess at 6:05 p.m. The City Council reconvened in regular session at 6:10 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 pursuant to Government Code Section 54957. It was moved by Gonzales, seconded by Ybarra, 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 6:10 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 Services & Water, Assistant City 'Clerk, and Utilityman II,,, The Mayor ordered all communications to and from closed session deemed privileged and confidential,; Utilityman II was excused from closed session at 6:14 p.m. The Director of Community Services and Water was excused from closed session at 6:16 p.m. It was moved by Ybarra, seconded by Davis, that the - Council go out of closed session with respect to employee. discipline/dismissal/release matters, pursuant to Government Code Section 54957, the time being'6:16 p.m. Motion carried. It was reported out that the City Council had a conference with the City Attorney with respect to Government Code Section 54957, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE and that, appropriate directionwaswas given to staff. The City Clerk announced that now was the time to go into closed session with respect to existing: litigation pursuant to subdivision (a) of Government code 54956.9.' It was moved by Davis, seconded by Gonzales, to go into closed session with respect to existing litigation matters, pursuant to subdivision (a) of Government Code 54956.9, the time being 6:16 p.m. Motion carried. Page '19 of 20 Adjourned Regular City Council Meeting Minutes July 28, 2004 All per were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, and the Assistant City Clerk. The Mayor ordered all communications to`and from closed session deemed privileged and confidential.. It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session with respect to existing litigation matters pursuant to subdivision (a) of Government Code 54956.9, and resume regular session, the time being 6:18 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 matters of LASC No. BC 245633 and WCAB RIV 0061364. No action was taken on the remaining of the existing litigation matters:. There being no further business to come before the City Council at this time, it was moved by Ybarra, seconded by Davis, that'the-meeting be adjourned, the time being 6:19 p.m. Motion carried. eani s C .�Ma b ayor ATTEST: Bruce V. Malkenhorst City Clerk Page 20 of 20