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Resolution No. 6253 1 RESOLUTION NO. 6253 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN EXTENSION LETTER AGREEMENT EFFECTIVE JUNE 1, 1993, BY AND BETWEEN THE CITY OF VERNON AND THE UNION PACIFIC RAILROAD COMPANY 4 5 6 7 WHEREAS, the City Council of the City of Vernon entered into an Overhead Wire Crossing Agreement with Union Pacific Railroad Company as lessee of Los Angeles and Salt Lake Railroad 8 9 Company on June 1, 1968, which has been extended by various riders 10 11 to May 31, 1993; and WHEREAS, the Union Pacific Railroad has offered an 12 13 indefinite extension of said agreement in the form of an Extension Letter Agreement which will enable the City of Vernon to continue 14 maintaining electric power lines and poles in the railroad right- 15 l6 of-way subject to a sixty-day (60) cancellation by either party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF l7 l8 THE CITY OF VERNON AS FOLLOWS: 19 SECTION 1: The City Council of the city of Vernon hereby finds and determines that the recitals contained 20 hereinabove are true and correct. 21 22 SECTION 2: The City Council of the City of Vernon 23 hereby approves the Extension Letter Agreement effective June 1, 1993, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby 24 25 26 orders said Agreement to be received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon 27 28 hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. 1 2 3 4 5 6 7 8 10 II 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 .. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of May, 1993. 9 . /~~' ATTEST. ~ // ~ /~~~ BRUCE V. MALKENHORST, City Clerk -2- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of 1 2 3 -. Vernon, do hereby certify that the foregoing Resolution, being 4 5 6 Resolution No. 6253, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held 7 on Tuesday, May 18, 1993, and thereafter was duly signed by the Mayor of the City of Vernon. 8 9 A 10 11 12 BRUCE V. (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- , ~ UNION PACIFIC RAILROAD COMPANY . CONTRACTS & REAL ESTATE DEPARTMENT R 0 UHRICH ASSIST ANT vlCL PHESIDlNT ~.,', _ ~- I 1.'-' t - :.' ; ~~\ - ~ f ! - ROOM 1100. 1416 DODGE STREET 01.1AHA r,EBF1,\SKA 68179. 1100 (4G?} 27 L37!)3 FAX 1402) 271.5493 EXTENSION LETTER AGREEMENT April 22, 1993 557-73 CITY CLERK CITY OF VERNON 4305 SO.SANTA FE.AVE. VERNON CA 90058 Dear Sir: ~ J. A ANTHONY DfflEcror,cONTRACTS D D. BROWN DIREC;TOR.REALESTA TE J. L. HAWKINS DIRECTOR-OPERATIONS SUPPORT o H. L1GHTWINE DIRECTOR-REAL ESTATE W F. SOMERVELL DIRECTOR.JOINT FACILITIES Under date of June 1, 1968, Union Pacific Railroad Company ("Licensor") and. the City of Vernon, California ("Licensee"), or their predecessors in interest (if any), entered. into an agreement, copy attached hereto, identified in the records of the Licensor as its CLD No. 16067, Audit Number 112361 (hereinafter "Basic Agreement"), covering three overhead 120/240 V power wire line encroachments at Vernon, California, which has or will expire(d) by its own terms on May 31, 1993. Effective as of June 1, 1993 it is agreed by and between the parties hereto.as follows: Subject to the termination prov~s~ons contained in the Basic Agreement, the term of the Basic Agreement is hereby extended for an indefinite term commencing as of June 1. 1993, and that all the terms and conditions of the Basic Agreement, as heretofore or herein supplemented and/or amended (if applicable), shall remain in full force and effect during the extended term. Fiber optic cable systems may be buried on the Licensor1s property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor1s premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company ( ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensorls premises. EXTLTR. DOC Page 1 of 2 r In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold harmless the Licensor from and against all costs, liability and expense whatsoever (including, without limitation, attorney's fees, court costs and expenses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death' of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or emp19yees, on Licensor1s prope~ty. Licensee shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor1s property or a customer or user of services of the fiber optic cable on Licensor's property. This Letter Agreement, is supplemental to the Basic Agreement, and nothing herein contained shall be construed as amending or modifying the same, except as herein specifically provided. Please execute this letter indicating your acceptance and return one copy to me. Please return a fully executed copy of this Letter Agreement UNION PACIFIC RAILROAD COMPANY ~C. G~~ \PlRE= CONTRACTS r By The foregoing Letter 'Agreement is accepted, approved and executed on this 1/, J I day of ~I/( ( 19'1.3 ATTES.l': CITY OF VERNON, CALIFORNIA Bruce V. Malkenhorst, ~~----~' City Cler~T' le:Leonis C. Mal g, Mayo If you have .any questions regarding this letter please contact at (402) 271-5153. APP?OVED AS TO FOF'.:i BY~+-\)( ~~.:~ 9 \ DAVID B. ERl?,ARL~Y~-v'1 CI'i'Y AT'I'Om~EY ~~ EXTLTR.DOC Page 2 of 2 , ....^~<,( .. , Form 2213 EXTENSION RIDER . -_._~.__.. To be attached to agreement Audit NOh____~_!_~}_~!u___:_u________________________.s:_:..~. _!?_' No.__~_~_~.? 7 - ~-.----- _ _ __ _ _ _____ _ _ ___ ____. ____ ________"___"____________________ N 0._______________________________________________________-- N 0._______________ LOS ANGELES & SALT LAKE RAILROAD COMPANY and its Lessee, UNION PACIFIC RAILROAD COMPANY and CITY OF VERNON, a Municipal cor- '~tw~n poration of the State of California, whose address is 4305 South Santa Fe Avenue, Vernon, California 90058 Present Assignee (if any) Covering three (3) #4 120/240 volt, 60 cycle conductors, pole and ap- purtenances for power purposes Location, Vernon, Los Angeles County, California Dated ___~l:ID_~__!./__J2_6 ~____Effective' Date __q"!!!)._~_.!-'_!.~_~LExpiration (Original) May 31', 19 73 Expiration (by latest extension) May 31, 1983 IT IS HEREBY MUTUALLY AGREED by and betw~n the present parties to the above-named agreement that the term thereof shall be and hereby is extended to and including ___________~_a.Y_--..3L---, 19..9.3_,. and that all the terms and conditions thereof, as heretofore or herein supplemented and/or amended, shall remain in full force and effect during the extended term, said agreement with the supplements and/or amendments (if any) to be subject to termination prior to the expiration of the extended term in the same manner as is provided therein f()r tennination prior to the expiration of the term hereby extended. Special Provisions: Dated___~~~~_~_:t;.Y.._~_~________, 19_~?__. ' Made in duplicate. Witness: LOS ANGELES- & SALT LAKE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY .-----....----..----------.------------------ ----;I;c /) (;. _ ___ ___~___ By ____________________'-~_.......,;_"_~--~- General l-1anager -.....~----B~.'UL~~--.-- Att c:-t: ,- . ,/ // // fl dy~~cr~~;;:di~./?~7 ____ __ __L______________________ _____ __________________ City Clerk CITY OF VERNON _'P.~~~~~~e~~.~7/ ~ '____ Mayor . r I ~ '," ( I '. " I, the undersigned, Clerk of the City of Vernon , California, hereby certify that the foregoi~g agreement was exe- cuted by the Mayor and City Clerk pursuant to authority granted by a resolution adopted at a meeting of the City Council on /C;/J / f! /9 tJ,3 , . .&PZ~d~/~g~ City Clerk . , . form 2213 . -j f '-, EXTENSION RIDER To bel!lttached to agreement Audit No.._____1123.61________________c....L...n.. No.16.Q6.1-_1_________ ________ No. No.__________ Between LOS ANGELES Oc SALT LAKE RAIL..~OAD COMPANY and its Lessee, UNION PACIFIC RAILROAD COMPANY and CITY OF VERNON, a Municipal corporation ot the State of California Assignments-Dates and Names of Assignees: -- Covering three (3) #4 120/240 volt, 60 cycle conductors, pote and appurtenances for power purposes Location Vernon, Los Angeles County, California DatecL..J.Une 1, 19GB-Effective Date .Tune 1, -1.9.6a_Expiration (Original) .May_-3.~___l..913_ Expiration (by latestexteD.Sion) Supplements, ,including extension riders-Dates -- IT IS HEREBY MUTUALLY AGREED by &I1d betwetll1 the preaent partletl to the above named alrl'eement that the term thenot shall be and herebT Is Q:tended to and Incl.udlng May 31 ILaL ,aDd that all the term.w andeondltJoD' thereof; as heretofore (If '.upplements to the orlglnalacreement are Indicated abo\"e) or hereIn (It anT epeelal Provllllona are> wnttea below) am..nded. .hAll rema.1n In full force aDd. ettect durlDJt the extendoad . term. said' a~ment with the amendment.e and 8UPPlemeDt.B (It anT) to be eubject to termlnatJon prior to the explratJon of the extended term ID the tiame m&Il!1er as 18 provided therein tor terml- D&tJon prIor to the expiration of the term hereby ext.eIl4ed. Special Provisions: DatM FeQruary 26 , 191.L. Made in duplicate. LOS ANGELES & SALT LAKE RAILROAD COMPANY ~ION-R.~_CIFIC RAILRO~D <;0MPANY' BY#~ I '0 ~~~e.n-b~~:ra1 Couns~1 CITY OF VERNON '~i ~ - ' I By ~)~~;,s M~~:/~" 4 '3? ) JdttUrtx ~ ' Wi1:ness,: ~ C)n1.-~~-._,.- ~~__ !"[\'r:.t'.~"'I. 1~- .: .1'3 XltKX~]:lliX ~S:~. ' -.. I i'~ ' . '---Cr:CyCIeTk I, I ! I I , i. i I . ,. GT~ Of::'VE:;~IQN Q'I',IFORt\IA IN REPLY REFER TO: ( ... Excetpt of the minutes of the meeting of the City Council of, the City of Vernon, California, held on April 3, 1973: , "Communication from Union Pacific Railroad ,Company~ dated l-1arch.' 21, ;973, transmitting for execution duplicate originalsofCLlJ16067.;.lgider extending .to Nay 31 ,1~83 'ii,';;>.} '.., Agreeme~tAuditNo. 112361 between the Railroad Companies ,and City of Vernon covering power line encroachment at Vernon, California, was presented. "It was moved by Ybarra, seconded. by Tavernelli,that>, the Mayor and ,the City Clerk be authorized to execute, ionbrhalf ,. of ~he City of Vernon, CLD 16067-1 Rider to Agreement Audit, N()~ 112361. l-lotion carried." :~::'>.::1fi;:>.'.A:'>':;, ;;;':'( :;"i:,~_" I hereby certify that this is a true .andexact copy of an excerpt of the minutes of the meeting of the City Council of the City of Vernon, California, held on April 3, 1973. Ip) ~---", ~/ ' - 'J~ F. A. Ziemer, City Clerk- Director of Finance 11.65.1M c.~. ~o. 41121-4 FORM 7719-1 (OLD FORM 104-34) (80. CAL.) (80. NEV.) OVERHEAD WIRE CROSSING C.L.D. No. 16067 tOI1k1c-::! kJ<jil No.!I;{3~ / IDl1ia 1\greemrnt made and enured into thu f1rnt day 0/ J"wne 1968 t betwun LOS ANGELES & SALT LAKE RAILROAD COMPANY, and its lessee, UNION PACIFIC RAILROAD COMPANY, corporatw1l$ 0/ the State 0/ Utah, Mrein4fter collectively e6l1ed first party, and CITY Cl? Vr.m~CH. u ~1101pol OO~~Q~~t1~1 oftlw ~tste ot Co1ifonu~t ho~1r~tor called I.~ ,r- ........-..., second party, WITNESSETH: That first party, in consideration of tM faithful performance by second party of aU its cove1UJlW and agreements herel,.n contai~edl.srants u~ #cond P.!lrty t~ right to construct, maintain and operate its conductor" consistin~ of three (J J E!q. 120/24o-volt. 6o-c~"Clo CoMuotors. ~lG ~-:d nprw."e~mcoa for tran.smisswn of electrkity for ~1cr purpou' (herein4ftu rel~rred to as conductor or conductors) over and across tM property~~ oj first party at or near .. omen Count'lf of !.os .~~COlos ' , Sta~of Ccl.1 :'ornla .inlorotwn as shown inyell~w upo; 1M blue print mtlp hereto attached, mar1ced "EJaibit A", e.a tcd i :uy a, 1963 and made a part Mreof. This agreement is made, upon the following terms and conditwns: 1. Second party Mrebyacknbwledges the title. of first party in and to the premises. described in' this a&rument and agrees never to assail or, resist said title. 2.~-:p;;;:riJlfj1[.r~:rJnr~ntiiTi6aa"!'(f;;;~".;~'~7.;'::::i.,:'. ~~::==::q";t'Vcm~~-1~Pi~ , "FT 1" :riZ$s'!J(.,x:::r::;!: --:~ ~,"iu-:-rt;riicil tl:;(';itlii1erin~ 3. Every conductor and its supporting structures and appurtefUJnces shall be made, constructed, eread and main- tained in a careful and workmanlike manner by second party to satisfaction of first party. and, except tI$ Mrtin otMr. wise specifically provided, in accorda~ with 1M Nalion41 Electrical SaJdy Code. Second party shall pve first party one week's, wriuen notice prior to commencement 0/ any work oj C01l$truction or reco1l$truction. ' 4. Every conductor at said crossing shall be erected and maintained by second party at a height above tops oj track rails now or hereafter existing and at a clearance from any structure or any ~legraph, telephone, railway signal or other wires now or Mreafter erected on said property or along said trap,ks.. lIPJ les~.~14" I1rpr,de4 !If such1rulei, 0'" _... r:f.ulat~2.' '!.',,~rf.!:.s t:.~ f~erhead electrical construction. as issued by the .:".lb..L1C \.; ";J..LJ. ..._co ,-,CC:-__OS1.on .L ~J"'__"C ~'4 'v~__.. o.....u ,or any other lawful authorlly. 5. El'ery conductor shall be so erected and maintained as not to interfere with the operations of any gates or safdy devices which first party is now or may be in future required to maintain at or near said point of crossing; and. in the event first party is compelled to alter or change said gates or safety devices in order to accommodate the conductors of second party thereat, second party shall pay all costs of such alteration or change. 6. Second party shall take suitable precautioTlJ to prevent interference with electrically controlled railroad sigfUJls, telegraph, telephone or other circuits of first party or of any other company or persons operating telegraph, telepholU or other circuits upon the said property or along the said tracks, through or by leakage of electricity or induction from or betu:een its conductors and said sigfUJls and circuits, and shall reimburse first party for constructing and maintaining such guard wires of standard design to protect wires of said first party as first party may deem necessary. 7. In tM et'ent that no towers, poles or other structures are erected by second party on said property, tM con- ductors and appurtenances of second party being suspended above said properiy or tracks and being supported by or from towers, poles or other structures erected and maintained on each side thereof, second party (the operations of first party necessitating it and on receipt oj written notice from first party to that effect) shall, at its own cost and expense, raise said conductors to, and maintain them at, a height of not less tlwn eight (8) feet above any structure hereafter constructed by first party on said property at said point of crossing, or move said conductors from said poinl of crossing and maintain them above said property at a point to be mutually agreed upon by tM partks hereto; said conductors and appurtenances shall thereupon fall automatically under the terms and conditions of this agreemenl applicable to the original installation. 8. In the event tha.t towers, poles or other structures are uected by second partr on said property. same shall be uected and/or maintained by second party at points designaud by first party, but in no event nearer than eighl feet six incMs (8' 6") Iwrizontally from tM center of tM nearest track, nOW or hereafter constructed. " 9. In 1M "",," f"" 1"'"y.hall '" nay'''''' d".. i' =<"0'1' wul _nd p."y .1wll, 'p"n ,,,,,,p' oj thirly (30) dny" ."iuen ..,,,,, .0 '0 do. .. i" own ,ok co" ond "P'~" chong' th, locotion oj nay oj '" ",ue'"'''' ",nd"""''' ondlo, opp.,tenane" on ,aid IMW'y '0 ..d, pain' .. poi"" ,h"..n" fi'" 1""'y .holl dexig_, and p,ovid'. .,ee' and mointoin a' ony p"in" .ue. nddilional ."ud.'" and oth.. app"'''''''' .aid fi'" P""y .holl dee.. n'Wxory; ..... .holl ,..."'pan lall a...moli<ally nnd.. ,., ",n" and candi'io~ 01 ,." og'''''''' applioobk '0 1M o,iginal inwdlo. ,ion. . 10. Thi. lice... ""'y b, ,,,minated by ,il." P""y 'pon '''''y (60) doy.' w,""n ..,ice to ,.. oIM' p""y; ond ",,,,nd pa,'y h...by exp"..ly og,ee. ,a ",,0'" /to.. ",id P,op,,,y..pon ,""y (60) day" w,il<en no'ice ",'0 do. onJ ond all ",ndue.,,'. "",,,.'" 0' 0'''' app''''''"' plac,d ,...",n 0' .,..,cO"'" by vi_ 01 ,I." og,....."'. . 11. Second """y .holt no' ...ign ,I., ,ight. and privikg". ...,m gronled. 0' ony po" IM"oJ, wit/..." ,.. p"""'"' w,ltten co",'nl oj fin' party and ",,"Jodo'1 obliga,ion by p,op""d ....iOU" 10 be bo.nd by all 1M "'... and ",ndi- tions herein contained. 12. S,,,,nd pn"Y .holl;nJ...niJy and tu'" 1.",01... Ji'" pa"y J'o" nnd ogain.' ony and oIl ""., domog<,li<#lilY. c,,,, and ape.... which ,hey _ ."""'" 0' be", 0' 10 which ,hey mat be put ",.nlting in any -- J"''' 1M inxtal/s- ,ion 0' ... o/ony ~,d deoicein ,.. ",..."udio... miW<U"'" 0' "newa! oj ony.J IM.m4 cond"""'''' IMir..". P""",g ,,_.... .... oppuo1<""'" 0' ,..,./ting ditedfr ., indirectly J"'m, ., in any -- ........... with 1M ",...,,.ctio... ............,..., .per"'ion oj .vid ",nd""""~ thei, >uppa,'ing """"".. and op~" 13. IA"'" oj 1M JoU",. o,,,J",ol oj _nd po"y to pet/o,.. nay oj 1M ""'''''''''' '" og,<<...n" on iU po" ....inbeJo", "'....innd. all'.. rig"" .nd privil.g<< ..",by ",onted .hall. '" ,.. op,ion oj fir" po",., -- and d"". ..in.. and fin' party .hall rw", 1M tight Jo,thwi'h to ,,,,,a,,, nay ond all ",...u.-n, ....-e' 0' 0'''' fistut.. 0' opplioacex J'o" .aid p",,,,,,ex which ho", been pIoc<d ,hmaa 0' ,I...",,,,,' by _nd po"y by ""tu< 01 thU ogte....a', 14. E=p' ox ath.""", p,."u!ed ..,d.. th" agte....nl .holl inn" 10 and bind ,.. holr~ ......'0'.. nd..ini."o,. ors. successors and a.5signsof the parties hereto. 15 ."1"'~"" ........0- 'e" ....._. ..~ ^"''''''''~<:<''-' ..~... ~,_.A.,"~'''''''~^ .,--.~ -, t- J't . ..~... v.' V w .,' ,~..".. ..0...0." ~. ..,V'''-'. ."c ...u c""'.., .pn .0. flU1d ;;1 rc !.~::'J, t~'J ,,~<r.1d -nrtl/ t n t ~ ts c",,,,,,,,"O, <111.1 oo:o:,i)' "t th ,,11 vc,Hd ro<;u1roo,-""tc; of "oderal, ;:;".,to 0:;:' LoC""- ILU!l or ";~culnt10l1G. 10. Ti;o r.<lT';:1:.;" 1 on !. .ore 101 <r-"" too :::; ;"'~ 1 CO" t 1.,,"-0 for " tll1'\> of 1'1"1t 0 (5) ;oars frcn ,,,,,a ,,:rtcr t,"l <1o.ta i<el'coi'. subject. hO"il(J';er, to tOl"..l1- l:at~,o...", .;'~' :"oA.Jl<~''.~ ',,~ ,..c.."".. 1(" ~,,,,_'''.",r.(' 4..... ;.._.'-' """'-_ -.-.'" ...."" .,-.......... v .-...,---.. IN WITNESS WHEREOf, ,h, potti" h<t<'o ho," c,,",.d th". p""at. 10 b. a<<ated in J.plicote th< doy and year fir$t herein written. LOS ANGELES & SALT LAKE RAILROAD COMPANY. UNION PACIFIC RAILROAD COMPANY, Witness: _u_,u._u.."",--~_!u.,,~u~u,Y.~!J4,~r_~,~~~u-..,-"-"-'''-''.____... By ,,_____,___..,_..u--.~.-..L,.,- *' 1 f ... Vlce -------....---- 7'rcs~r~.C~:t r. --"!1 . "....., 1;:-:.:,- ~~J'."'!_____--'- _.._..-~-=.....-:-~~....:..:.. ~. --~ (See Note.) fP.ihi~5r;;. Attest: ",..._"._"'-......-r.~_...-~-..,u,}J.~~'!:-!~~_.._-_....._'''......-,..-.........-...'-..." ~.t t i~.J. ;;.J!'" \ ""',,V' .....-x_..___.._L.:-.a--. .......~........\-.:....: "-:.... ------ "'~+-'; ,~"1C""~' (5<!1;.J) 1tc :-~yor v_ v" ....- J,... . ..._.__......_.__......_._..-...."..._..__....-_._.~. -----.....-----. NQTE'-U .....' oort, .. M ",~,,.~,oO 'om.....'. ",""rnM' .boa" '" ",,",.0 by M '0",0"'" ""'~' .".,.., M' ." .... "'<M xn' ........ ., ,n s,,~"". ,,,.,,.,,, ,"0"" ... '''0'''.0 ., xn .mo'O," 01 au. .ort. " ._tubl', " 00. ., · ..,n<.... ested part)'. . . ~ .''.-' "V.-.y ";>~:>i;:;-~'> ~.- ;r _/'.~ -'#'.... J>Z$. .~ '.5"$~ A:-.:;:. , ~ &-- ~~ )04 " -. -> ..:i:S ~ Q IL.9~1 l:l I ~^oJCJ 5t l i '0' L 91 ud!S #.....0'\ O'CStLl)1 , '9r ~'OLl .~ \ ~ \ ~ \ ~ ' \\ \ ), - . \ \ ..!. 1\" /' C;~ S-5-' .V? ~--........_ \~.\ \ /' , \~--- \ \. -.L t ,~ -, - s.; Z 0 I s'r-' 1;' ~.a ::--....1::; ~\ "S u ~~~ .... c'.J ~ "..{...., on '. .:::> ,~. a. .,. :...l of\ . , <tl -, .. , ll) .'':j.:\ ).- 1.'$". . .~.I \ . j' . ~~. ~"", '..~ '" .~... ~~~ ~~'t_ ~)?~ '-''3 ;':,....:...:-- \ \. kJ:'1>it'>! "'" " " .~ N r D k(; ~I~t. sf,f. ) f. . t.t! ......l ")i~i. I' 7-1'i'''';>O,. 'q ,:'S~\'" . -1 "~,,,Ol 'j No 91\-5')\ ~l.QS / l' "vt IFZ'! . s 1 <; , 't ~"" t, ~:'( (J tJ , ~: _ <:l ~. r40 r-I <; ~ .1, "'-' .861.....,1. 1'~;) , fL/l L E /'/./ ()() , '0 .; . I ,'1/ ! : '1 '. I o Ie. 0.. \ " .. ..( ; LOS . (-' ---...... . '-.J ..{.< I;) l::::J s " .. . . " .. EXHIBIT IlAIl ANGELES & SALT LAKE" RAILROAD COHPANY UNION PACIFIC RAILROAD COXPANY Map to accompany agreement '-lith CITY OF VERNON ~t. . cove:ring overhead wire tine encroachment at M.P.3.tS, San Pedr~ Branch 'Hobart, California Scale III = 100' .I Office of Manager of Properties Los Angeles, California May 8, 1966 .LEGEND: .Railroad right of way outlined......~RED .. n u .,4 "'C':Il_ .:~..{_.r"-~,..._~:l"""""~...- _....1,_.",,,_ .::..... ~_~'-~:~~._.--.:~_ ,n~"T'" ^"... ... I I " .... .. I . I . I .}. . .. / c, ~ !,I ;, ~i ~ ~ / .-1 : .'1 !-l ... ~ ' SUPP 861219 Form Approved, AVP-L<~` OU~lICItTE ORK~lNA41,ICp~lSF~B ~OP'r ' THIS SUPPLEMENTAL AGREEMENT is made and entered into as of the 12th day of May, 1988, by and between UNION PACIFIC RAILROAD COM- PANY, a Utah corporation (hereinafter the "Licensor"), and CITY OF VERNON, a municipal corporation of the, State of California (hereinaf- ter the "Licensee"). RECITALS: By instrument dated April 18, 1986, the parties hereto or their predecessors in interest (if any), entered into an agree- ment (hereinafter the "Basic Agreement"), identified.. as Agreement No. A-106726, Dept. No. CLD 20758, covering an overhead-power line crossing at M.P. 4.09.., San Pedro Branch, Fruitland, CA. The parties now desire to,,modify the Basic Agreement by adding one 3 pair,. 19-gauge communication cable to be lashed to existing cable. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:. Section 1. ADDITION OF PRINT. Print dated May 12, ]..988, attached hereto as Exhibit 'A-1', shall be and hereby is added to the ,print dated .December 1, 1985, at- tached to tYie Basic Agreement, and from and after the effective date herein whenever the term Wireline is used in the Basic Agreement, or . any amendment or supplement thereto (if any), ,such reference shall be deemed to refer to the Wireline as shown on Exhibits A and A-1, hereto attached. - Section 2. ADMINISTRATIVE HANDLING CHARGE. Upon the execution and delivery of this Supplemental Agree- ment, the Licensee shall pay to the Licensor an administrative han- dling charge of Three Hundred Dollars ($300.00). Section 3. EFFECTIVE DATE. This, Supplemental Agreement shall be effective as of the date. first herein written. Section 4. AGREEMENT .SUPPLEMENTAL. This agreement is supplemental to the Basic Agreement, as herein and/or heretofore amended (if applicable), and nothing herein contained shall be construed as amending or modifying the same except as herein specifically. provided. 1 `TM 7 • IN WITNESS WHEREOF, the parties hereto have caused this Sup- elemental Agreement to be executed, in duplicate, as of the day and year first herein written. UNION PACIFIC RAILROAD COMPANY By ~ , D r•-= on acts & Real Estate ATTEST' CITY OF VERNON, CALIFORNIA Ti Ye • _M.AYOR - • (Seal) . ~ l _ c NEviss_o FEa. I I, 19ee1 T N~ I,~AT`E NORTH D d RECT 10N o~~ APPLICATIO F.~R oVERI~EAD ~ ~1 WIDE LI E C~;OSSING~ ~ / 6ao vo TS oR LESS NOTE: ALL AVAI AOLE DIMENSIONS ~IJST 8E NO SCALE FILLED 1N TOP OCESS THIS APPLIf+ATION. ~ _ ~ _ ~ 9Z ~ FT. ~ 1 N. 7.~ N. ls[E NOTC fl ~ 1SEE IgiE fl •q[J~ • CENTER LInJE t AAE[L Et~'FRbsa t l f- R U 17 L r} ru 0 AVE.. ~T..~ N. CEn1TC~ LAVE CRoSSING-2 d. ro CRUSSIN[,• Nd. t f r ~ 1 To ~ 3A- 3.~ l r iN ALL OCC ONf, LL I. t70YAMlCATIOIR y OElAR1YENT T K DdITACTED iN ADYAN[E _FT.~JN. 20 I I o? Alltl tl~omt o oETEl1uINE TYItTEICE A?o 4 FT. ItICAT! 0? ?ift11 OrT16 CALLL ~ (NoTEt TNIS DIIAENSION NECESSARY ! t-foo•s>r•flii I N ALL C:A3ES. t'T. G' 1N. l SE[ NOTE 7) ~ . 70 FT. Q Iw ~ 1 FT. ~ 1 N. iuc ?aic ~1 ~S FT. b 1N- 7 ¢ FT. G 1 N. / 6FE NOTE 2 f 71 ~ - ~rTOr-K}IUtIL , I p. ~T`1N. t scc~iaTC s i s u I I t sEC ?aTE s, c.• ttl NOTEb 1~ At.l. HOR120NTAL DISTANCES t0 >SE MEASURED AT RIGNT ANGLES FROW CENTER LINE Of TRACK. 21 IAINIAIW 2T• A80VE TOP-OF-RAIL CLEARANCE REOUIREb (NON-ELECTRIFICATION TERRITOl~Y1, REFER TO MIRE LINE CLEARANCE CHA11T. 31 111NIIAlJ1A S5' A80VE TOP-OF-RAIL CLEARANCE REOUIREO (ELECTRIFICATION TERRITORY). (REFER TO .MIRE LINE CLEARANCE CHART. ~{1 LIINUTAUM CLEARANCE REQUIRED A00VE SIGNAL AND COAMINICAT1oN L1NE5. REFER TO KIRE LINE CLEARANCE CHARD 51 POLES ?IUST BE LOCATED SO' OUT FROIA CENTERLINE OF OUR Wltlt, DRANCH, AND RUNNIH~ TRACKS, CTC SIbiN$S/AND HEAVY TONNAGE SPURS. 61 REGARDLESS OF THE VOLTAGE, UNCUYED POLES SHALL DE LOCATED A u1NUMUlA DISTANCE-ROTA CENTERLINE OF ANY TRACK EQUAL TO THE HEIGHT. OF POLE A80VE CRpuNDL1NE PLUS l0 FEET. T1 POLEISI (INCLUDING STEEL POLES( t,1UST BE LOCATED A IAINIif~.l DISTANCE. FR01A OUR 5 GNAL ANO C01l~11N1CAT10N L1NE5 EQUAL TO THE HEIGHT OF 7NE POLE AISOVE CROUNDLINE OR ELSE BE t.l1YE0 AT R10HT ANGLES TO OUR LINES. 81 POLE LOCATION ADJACENT TO INDUSTRY TRACKS AUST PROVIDE AT LEAST 10' CLEARANCEiFRON CENTERLINE OF TRACK MHEN YEASUREp AT R1CHT ANGLES. IF LOGATED ADJACENT TO CURVE TRACK. THEN'SA1D CLEARANCE (.UST BEIINCREASED AT A RATE OF I-1/2• !'ER DCCR[E OF CURVE TRACK. 91 POWER LINES IAUST DE LOCATED A A1111UNW OF 700' FROIA THE ENO OF ANY RAILROAD BR>;OGE OR FROIA CENTERLINE Of ANY CULVERT. ./0~ NIt~OM lAt K~~ AI 4f3 ~ FT. TO RR' S MILE PDST NO. ~ ~ 7T+~ 7~'~ 7r~ (I ~ I I 1 81 15 WIRE LINE CROSSING MfITHIM pE01CATED STREET 't YES, ~ N0, ff+ 1( C1 NA41F1 OF STREET /ry~ l/ !`i ~ 7./~,, o ,c! PAC 1 F I C RAILROAD CO. D1 TYPE WIRE LINE CROSSING: TELEPHONE,_L_TELEVISION; FIBER OPTIC; OTNE El YOLTACE TO DE CARRIED: I - ~Fn~o ~nA f~ c N F1 APPLICANT HAS CONTACTED ~'LLL~ ~:f ~ OF lJr P. COl1/UFt) CAT ION OEPARTIAENT AND HAS DETERAII NED F1DER D 9 fR U 1 'T L~ N p OPTI6CADLF DDES ; li' DOES. NOT ; EXIST 1N VICINITY OF , MORk TO BE PERFORIAEO . - ~ ~MS SEGMENT NO ~ : G o 0 9 ~;r~ r I i ~ . ~'dA/IA.tUAIIC'f1 T/O,~i WIRE LINE ~t~ 1 P~OPOSE~ : CCLDC~I~ --T~~LCD IrJ~~,~ThC~ ~ CROSSING FOR e F~ I/~.R_tiioN L-CVj'1 YY~uhUf c~Tic~;v c~"I3LC- ' ~eNOu. Lis Au;~~~; eA 1,1,', 5 c~~•- i' 7a3 I LE NO 5b3 -3lc OFFICE OF CHIEF ENGINEER DATE ,:5"- ~2 - Sb' MINUTES ar- A rtEGULl~1R C I TY COUIJC I I. MEETING ~ „ ~I,± OF TWC: C I TY aF VERNON HELD aCTOBER 4 , 1988 ~ ~ G k 1'0!' C: ~Ir~ AT ~i:l:ll:l P.M. IN TWE COUNCIL CHAhIBER$ pF TWC ,~,;~d(f~ . CITY FIALL LOCATED AT 4?I)5 SANTA 1=E AVENUG, JI.1N 2519n9 v~RnlaN, CAL I Far•1N I A • VERNON DISTRICT, gFFICk MEMBERS PRESENT: Malburg, Ybarra, Davis, McCormickc, Gonzales 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 City Council meeting held September i0, 1980, be approved as submitted and adopted. .Motion carried. At this time the Mayor- presented a 20 Year Service Fin to Lieutenant Leslie l:+rown. The Council reconvened in regular session, all members present before the rect?ss again being present, the time being 5:12 p.m. Police Department Activity Log for the period September 15, thru 1988, was presented. • It was moved by McCormick seconded by Gonzales, that the Folice Department Activity Log for thr_ period September l5 thru ~4, 1988, be received and 'filed. Motion carried. Fire Department Activity report fiat the period September 15 thru ~C1, 1980, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report fiat the period September 15 thru 30, 1988, be received and filed. Motion carried. At this time the Mayor asked if there was anyone in the audience who wished to address the Council on any matters listed on today's agenda other than with regard to Public Hearings.. There was no one present in the audience who wished to address the Council on any matter listed on today's agenda. . Communication from Michael G. Smoohe, of the Law Offices of Buchalter, Nemer, Fields E: Younger, representing Rolo Transportation Co., Inc., dated September 29, 1988, regarding the conditions placed upon a conditional use permit granted to Rola Transportation: specifically, Condition 6: the installation of a traffic signal and the costs to. be incurred for said installation, was presented. ' It was moved by Gonzales, seconded by Davis, that the communication from Michael G. Smooke be referred to the City Attorney. Motion carried.. At this time, 5:15 p.m., it was moved by McCormick, seconded by Davis, to open the•F'ublic Hearing to consider an application from Alan S. Cohen for a variance to utilize non- conforming truc{; doct;s at X854 46th Street (continued from September. ^0, 1988. Motion carried. Communication from Bruce V. Malttenhorst. City Cler{c, dated August ~1, 1988, was presented, advising that Alan Cohen has suhmitted an application far a variance from Amended Interim Zoning Or-dinanr_e, Sec1_ion 4.2.8c: Development Standards (size)g for property located at ?85C~ E. 46th Street. Submitted herewith is an Engineer's report firom-t:he llirector of Community Services and based on the 3.nformatian provided i.n the report it is hereby recommended that said application for a variance be denied (continued from September ~0, x.988). ` City. Council Minutes Or_tober'~•, 198Q .page At this time 5:16 p.m., it .was moved by Gonzales, seconded by Davis, to close the Fublic Wearing regarding the application from Alan S. Cohen for a variance to utilize a nnri- conforming trt_tclr docks at 2850: 4bih Street. Mahon carried. It was moved by Ybarra, seconded by McCormick, that the communication firom the City Clert; and the Engineer's Report from the Director of Community Services concerning Alan Cohen's request for a variance be received and filed. Motion carried. It was moved by Ybarra, seconded by McCormich, that the request far a variance from Alan S. Cohen be denied. Motion .carried. Communication from Victor Vaits, Director of Community Services, dated September 15, 1988, was presented, advising that Sam F'er•ricone Rc Seymour Owens have submitted a fully e:;ecuted Grant Deed (for street pur•pases)-far portion of properties situated at 2854/2950 E. Vernon Avenue-and it i.s"hereby recommended that the Grant Deed be accepted, the Certificate o•f Acceptance be approved and the Mayor and-City Cler?~ at.tthorized to e:,ecute same (deferred •firom the September` 14, 1988 City Council meeting). It was moved by McCormick, seconded by Ybarra, that the communication-from the Director of Community Services be received and filed and that the Grant Deed firom Sam Ferricone be accepted, the Certificate o•f Acceptance be approved and the Mayor and City Clerk be authorized to a>:ecute same. Motion carried. Communication •from L'~rt.tce V. Malkenhorst, City Clerk, dated September 15, 1980, was presented, advising that Sam Ferricone Fc Seymour Owens (owner: of property located at 2854-295t:r Vernon Avenue) have requested an adjustment of the common boundary easterly appro.;imately 62 fleet. This request has been reviewed by the Director of Community Services ancf is in accordance with the- - California Subdivision Map Act and the General Flan of the City. It is hereby recommended that the Lot Line Ad.~ustment be granted- (deferred firom the City Council meeting held September 24, 1988). RESOLUTION N0. 5554 - A Resolution of the City Council. of the City of Vernon Approving the Lot LIne Ad,iustment Requested by Sam' Ferricone and Seymot..tr Owens (defierred from the City Council meeting held September.24, 1988.) Communication from k~ruce V. Malkenhorst, City Clerk, dated September 15, 1988, advising that Sam Ferricone F< Seymour Owens (owners of property located at 2850-2950 Vernon) have requested a variance from the 1985 Edition of the lJniform E:~.iilding Code, Table No. 17-A. They are proposing to ~ubdivi.de an existing building into two (2) separate buildings teach appros;imately 54,~uu:r sq. ft. by utilizing an a>:isting four-hour f5.re resistive wall on the proposed property line in plane pf separate four-hour fire resistive walls for each building. Each building will be on an individual lot and the separation wall will be a common wall. This request has been .reviewed by the Director of Community Services and the Fire Department and it is hereby recommended that said variance be granted (deferred •from the City Council meeting held September 24, 1988). It was moved by Ybarra, seconded by Davis, that the a~forementianed request: for lot line adjt.tstment, F:esolution No. 555h and the request for a variance •from the Unifiorm F:uilding Code •from Sam Pe!rricone and Seymour Owens be deferred to the ne;;t City Council meetinrj. Motion carried. .Communication from Hruce V. Malt:enhorst, City Clerk, dated September ^<7,1 19Eita, was presented, requesting authority and funds for himselfi to attend the CALF•ELRA i~th Annual Conference i.n Monterey California an November i,to n, 1988, w.iY.h an a::pence allowance of ~11A9. Motion carried. V~4UL.T Cbl'Y ' City Cat.;nc31 Minutes October n, 190E] Page It was moved by Uavis, sr~conded by Gonzales, thst authority be granted for Crruce V. Mallsenhorst to attend the CALF'ELCA 13th Annual Conference in Monterey, November 1 to h, i98fl, with an expense allowance of ~ilh9. Motion carried. Communication from F'olir_e Chief Espinoza, dated September 27, 19flfl, was presented, requesting authority and funds fnr Nestor Figueroa to attend the Custodial Dfficer Training at Golden Wes t College in Huntington Beach an October 2. FJ; 9, 15, ib. 22, and 2?, . 19FJt3, with an e.;pense allowance of 735 for registration. It was moved by McCarrnicl+:, seconded by Ybarra, that authority be granted to issue warrant to I•~ector Figueroa in the amount of ~3g for his attendance to the C;.;stodial Officer Training in Huntington t-reach an the above referenced dates. Motion carried. RESOLUTION NO. 5556 - A Resolution Of the City Counr_il t1f the City ofi Vernon Requesting Membership i.n Sister Cities International (SCI) to Assist in the Establishment of a Sister City Program i.n the City of Vernon, was presented Communication 'f ram Victor Vaits, Dircar_tra;- of Community Services, dated September 27, 19138, was presented, advising that the State of Califarni.a Of •f ice of Planning F„ Research has granted a twelve (12) month extension of time for the adoption of the City's land use, infrastructure, safety, natural resources, and noise elements of the City's General Flan. Mr. Vaits also advises. that the same conditions as imposed .in the first si;; month extension apply to this et;tension and again it does not- apply to the housing element. The Director of Community .Services hereby recommends that authority be granted to the City Flttorney to file ~n appeal to include the housing element in the granted a>;tension. It was moved by McCormicl+:, seconded by Davis, that the communication firom the Director of Community Services be received and filed and that authority be granted for the City Attorney to file an appeal to include the housing element in the granted es;tensi.on. Motion carried. RESOLUTIDN N0. $55(a - A fesolution o•f the City Council of the City of Vernon Giving Notice of Appeal to the Planning Advisory and Assistance Council from. the Denial of an Extension for the Hot_ising Element of the General Flan, was presented. It was moved by Ybarra, seconded by'McCormiclc, that. .Resolution No. 555Q be approved and adopted. Motion carried. Communication from >~ruce V. Malkenhorst, Director of Finanr_e, dai:ed ~eptc:mbr:'r 15. 19C3d, was presented, transmitting the= agenda fine the adjourned regular Fin once Committee Meeting to be held September 19, 19flfl, for your approval of recommendations contained therein (defierred from the September 2t7, 1988, C.i.ty Council meetiny). It was moved by Gonzales, seconded by pavis, that the agenda for the Finance Committee Meeting of September 19, 1986 be received and filed with no further fiction. Motion carried. Communication from l?ruce V. Malkenhorst. Director of Personnel, dated September ^9. 19£18, was presented, transmitting the agenda for the Personnel Committee meeting held October 3, 1988, and recommending approval of the recammendati.ons contained thereon. - It was moved hy_McCormiclt, seconded by Gonzales, 'that-the actions listed on the agenda far the F'ersannel Committee Meeting held Or_tobr~r 3, 19GS be approved as indir_ated. Motion carried. VAUl..,T CC)PY ' City Cor.rncil MinutPS Octoher ~l, 1988 paye A Camm~.:nication from LewS.s Adams, Director of Water dr F'awer, dr`+i;mr.1 fltap~immbr~w"+.f~, 19t3G~, wat~ ~rnaantc~d, submi.tting twa r^oples of Supplemental Agreement Union ~'ar_i•~ic ~tailrtiad's ~~tisting Agw~~nr~r3i: (No. A-ir56762, Dept. Na. CLD ^0738, dated April 10, 19flG) to cover the addition ofi one ~-pair, 19-gauge communication cable to he lashed with an e::isting cable. Th installation of the new cable. will be used for the transmJ.ssian of metered information Pram Coldgen Substation to Leanis Substation. The Director of Water a,. f'awer hereby recommends that the Supplr~mental Agreement hr? approved. and the Mayor and City Cler{c authorized to a>:ecute same. It was moved by Gonzales, seconded by 1'barra, that the communication from the Director ofi Water dt F'ower be received and fiiledp and that the Union Pacific Railroad's Supplemental (~greemrant be approved and authority be granted for the Mayar and City Clerlr, i:o execute same. hlotian carried. Communication fram L. Espinoza, Chief of Palice, dated September 13, 1908, was presented, requesting authority and funds for Sgt. Steve Towles to attend the 1988 Califiornia Associatian of Police Training 0•Fficers Conferenr_e in Sacramr?nL-o, CalJ.forni.a, October 19, to 21, 19flfl with an e;:pense allowance of ~7~?. It was moved by McCormick, seconded by Davis, that autharity be granted to issue warrant to Sgt. Steve Towles in the amount of X722 fior his attendance to the .1988 California Association ofi PolJ.ce Training Ofificers Conference in Sacramento, October- 19 to ~1, 1988.. Motion carried. Communication from L. Espinoza, Chief ofi f'olice,'dated September ::2, 198fl, was presented. requesting authority and funds. for Captain Rosenkrantz to attend the Ca1J.•fornia Association of Polygraph Examiners Seminar in Sunnyvale, California, October 2fl to 3q, 1988, with an a>:pense allowance of 737r). It was moved by Ybarra, seconded by Gonzales, that authority be granted t issue warrant to Captain Rosenkrantz in the amount of ~37U for his attendance to the California Association ofi Polygraph Examiners Seminar in Sunnyvale, October ..^•.B to 3t7, 1988. Motion carried. Communication from David Errearley, City Attorney, dated October 1988, was presented regarding Fire Transmission Service- Special Condition No. 1~ resources - Purchase of Capacity and-Energy fram the Department of Water Resources of the State of Califiornia which was approved by the City Council on July 26, 1988 by F:esolution Na. 5539, and a>:ecr.:ted on August 1988. between the Southern California Edison Company and the City of Vernon. The City ATtorney advised that Southern Califarnia Edison Company has submitted a Letter Agreement which wauld pravide Vernon the opportunity to modify cerl-ain terms and conditions in ttie event that the Federal Energy Regulatory Commission or-the courts made decisions in other matters which would affect certain terms and conditions. The City Attorney hereby recommends approval ofi said Letter Agreement and recommends the adoption ofi the following resolution. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Attorney be received and filed and that the Letter Agreement dated September ~7, 1988 regarding the Edison- Vernan CDWR Firm Transmission Service Agreement (executed on August 1988), be approved and the Mayor and City Cleri; be authorizeq to e>:er_ute same. Motion r.~arried. Councilman Davis abstained from vota.ny and disqualified himself ber_ause it is reasonably foreseeable thal• the decision will have a mal:erial •financ.ial effect on h.ts source of income. ~l,~L1L..T ~~I~Y City Council Minutes October J.980 p~zgca 5 (:ESOLUTIpN NO. ggn9 - !•1 Rr~soluti,on of the City Council of thcr City o•f Vc!rnon Approving 7r,d Authorizing the E,;ecution ofi a Letter Agreement by and fletween ~k.hr^ City of Vernon rind the Soutl~orn California Edison Company Regarding the Edison-Vernon CAWR Firm Transmission Agreement 4lhich Was lpproved by Resolution No. 55ti9 and Executed on August 198E{. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5559 be approved and adopted. Motion carried. Councilman Aavi.e abstained irorn voti.nq and disqqualified himselfi because it is reasonably foreseeable {:hat the aecisian will have a material financial effect on his source of income. Consideration of an Interchange Agreement between Tucson Electric Power Coinpany and the City of Vernon providing for the purchase and interchange of power and energy between tl~e parties was discussed, and it was recommended by staffi that the Agreement be approved and the following resolution be adopted. that the It was moved by McCor•mJ.clc, seconded by Ybarra, Interchange Agreement between Tur_son Electric Power Company and the Gi.ty of Vernon be approved and that the Mayor and City Cler{c he authorized to c>:;er_utr~ ~samo. Mot:ien c<<r'ried. Councilman Uavir abstained from voting and disqualified himself because it is reasonably fore eeable tl•,ai: the decision wil l have a material . financial effect on his source of income. RESOLUTION NO. :~ab~) - A Re~solutinn o•f the City Council of the City of Vernon Approving and Authorizing the E>;eection of an Interchange Agreement By and Between Tuc son Electric Power- Company and the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Fesolution No. 5560 be approved, and adopt:r~d• Motion carried. Councilman Aav.is abstained ir.am voting and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his sourr_e of income. Communication from Bruce V. Mal{cenhorst, CityofiCthe{Written September c9, 190G, was presented, submitting a copy request to the Southern California Association of Governments (SCAG) reg arding the revised housing needs assessment fior the City ofi VErnon and all supporting information and recommending that the copies be received and filed. It was moved by Gonzales, seconded by Aavis, that the communication to (SCF1G) be ratified and that copies ofi same and all • supporting documents be received and filed. Motion carried. ORDINANCE N0. 970 - An Ordinance o•f the City Council of the . City of Vernon Authorizing the City Administrator to Issue a Newsletter Four or Mare Times Pcar Year, was read by title for i first reading. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 970 receive and pass a first reading. Motion carried. Communication from Erruce V. Mallcenhorst, Director of Finance, dated September 29, 1988, was presented, transmitting the agenda for the Finance Committee Meeting to be held October 198E-1 and recommending approval. of recommendations contained thereon. It was moved by McCormick, seconded by Ybarra, that the . actions listed on the F.in?nr_e Committee Agenda held October 19E1E1 be approved. as indicated. Mgti.on carried. F:ES01_IJTION NO. :~E,57 - A Resolution of the City Council of 1:he City of Vernon Authorizing the Sale: of Surplus .Property from the Finance Dc~pari:meet, Police Ar?partment, and Fire AepartmAnt• F'ursr.rant to Section2.31 of the Vernon City Code, was presented. ' 1/~:UL.'1' COPY I , h . w City Council Minutes October 4, 1988 page 6 It was moved by Davis,. seconded by Gonzales, that- Resolution No. 5557 be approved and adopted. Motion carried. Warrant Register No. 750 covering claims and demands presented during the period of September 16 thru 30, 1988, which includes Demand Nos. 19216 thru 19610 (inclusive) excluding Void Demand Nos. 19243 thru 19474 (inclusive), 19560., 19571 and 19604, excluding Light ~ Power Demands drawn on the First Interstate Bank totaling X410,402.44 (accounting period October., 1988), was examined and audited. ' ~ It was moved by Ybarra, seconded'by Davis, that Warrant Register No. 750 be approved and payment authorized fior. claims and demands totaling X410,402.44 excluding Light and Power bemands. Motion .carried. ; . Warrant Register No. 750 covering clams and-demand presented during Ehe period ofi September ib thru 30, 1908, which includes Light and Power Demand-Nos., as listed below drawn on the First Interstate Hank totaling X732,595.11 (accounting period October 1980) was examined and audited. 19219 19500 19521 19546 19559 19586 19220 19503 39527 19552 19570 19587 19222. 19504 19533 19533 19575 19592 19239 19505 19534 19554 19577., 19594 19242 , 19506 19536 19555 19582 19596 19.477 19514 19542 19556 19583 19602 19482 19517 19543 19558 19585 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 750 be approved and payment authorized for claims and demands listed above totaling L732,595.11. Motion carried. Councilman Davis abstained firom voting and disqualifiied himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. At this time, 6s22 p.m., it was moved by McCormick, seconded by Davis, that the Council recess to Closed Session pursuant to Government Code .Sections 54956.9(a) and 54936.9(6)(1). Motion carried. All persons with the exception ofi the City Clerk, City- . Attorney, Director of Community Services and the Director of Water & Power were excused firom Closed Session The Director of Water & Power was excused at 6:48 p.m. The Director ofi Community Services was excused at 7:15 p.m. Councilman Davis was excused at 7:16 p.m. Councilman Davis resumed his seat on the Council, the time being 7:38 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 7:42 p.m. Motion carried. . There being no further business to come before the Council at this time it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion,r_arried. ATTEST: Leonis C. Malburg, Mayor Bruce V. Malkenhorst, City Clerk VAUL'T' CaPY