19990713 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD JULY 13, 1999
AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Gonzales, seconded by Ybarra, that the
Minutes of the City Council Meeting held June 29, 1999 be
approved as submitted and adopted. Motion carried.
The City Clerk announced that now was the time to
present Service Pins.
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council.
Ron Anderson Foreman 25 Years
Rory Moore Fire Engineer 10 Years
Carol Dacey Customer Service 10 Years
Information System Manager
The following employees were unable to attend the
meeting and their Service Pins were accepted by their respective
department head.
Peter Gantes
Firefighter
10
Years
Todd Hewett
Fire Engineer
10
Years
Mark Whitworth
Fire Captain
10
Years
Juan Salomon
Information System
5
Years
Specialist
The Mayor called a short recess, the time being 5:05
p.m. Council reconvened at 5:09 p.m., all members present before
the recess again being present.
Police Department Activity Log for the period June 15th
thru 30th, 1999, was presented.
It was moved by Davis, seconded by McCormick, that the
Police Department Activity Log for the period June 15th thru 30th,
1999, be received and filed. Motion carried.
Fire Department Activity Report for the period June
15th thru 30th, 1999, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period June 15th thru
30th, 1999, be received and filed. Motion carried.
The City Clerk announced that now was the time for
anyone in the audience to address the City Council on any item on
the Agenda other than with regard to any Public Hearings that may
be listed.
City Council Minutes
July 13, 1999
The Mayor asked if anyone in the audience wished to
address the Council at this time.
There was no one wishing to address the City Council.
The City Clerk announced that now was the time to open
the PUBLIC HEARING to consider a request from Dixon & Lois Harwin
Trust for a Variance to allow the applicant to utilize eight non-
conforming truck loading spaces located 4608 50th Street in the
City of Vernon.
It was moved by Ybarra, seconded by Davis, to open the
PUBLIC HEARING to consider a request from Dixon & Lois Harwin
Trust for a Variance, the time being 5:10 p.m. Motion carried.
Brian Adel, Civil Engineer, addressed the City Council
and advised that a revised Staff Report has been prepared that
identifies changes to their findings originally shown on page 2
of the June 30, 1999 Staff Report. The revised Staff Report is
dated July 12, 1999 and Section d) is eliminated.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 8, 1999, was presented, advising that Dixon & Lois
Harwin Trust has requested a variance from the Comprehensive
Zoning Ordinance Section 26.4.2-8(c), Development Standards for
the property located at 4608 50th Street in the City of Vernon.
The variance is to allow the use of eight non -conforming truck
loading spaces. All the loading spaces, however, will be
restricted to trucks that do not extend into the Public Right -of -
Way.
Herewith is the following evidence:
1. Staff report.
2. Application for variance.
3. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing.
it is hereby recommended that the variance be granted
with the following conditions:
a) The applicant shall maintain a minimum of two
recessed truck loading spaces on the property.
b) The usage of all non -conforming truck loading
spaces shall be limited so that any trucks parked at or using the
loading space do not extend into the existing street right-of-way
as shown.on the Master Plan of Streets, dated June 16, 1992.
c) All existing and future tenants shall be notified
of this restriction and a condition stating this shall be placed
in all future leases.
d) This variance shall automatically expire at the
time of any expansion or structural alteration of the building,
or on August 19, 2009, whichever occurs first, at which time the
use of the parking, access or loading area(s) allowed by this
variance shall be discontinued unless brought into compliance
with all applicable standards for parking, access and loading
areas set forth in the Comprehensive Zoning Ordinance. It is the
intent of the City Council that said parking, access or loading
area(s) be treated in the same manner as a legal nonconforming
use subject to section 26.4.E-4(b).
Page 2 of 15
City Council Minutes July 13, 1999
The Mayor asked if the City Council or anyone else had
any questions or comments.
There were no other questions.
It was moved by McCormick, seconded by Gonzales, to
close the Public Hearing pertaining to a request from Dixon &
Lois Harwin Trust for a Variance to allow the applicant to
utilize eight non -conforming truck loading spaces located 4608
50th Street, the time being 5:13 p.m. Motion carried.
It was moved Ybarra, seconded by Davis, that the
communication from the City Clerk, dated July 8, 1999, and the
communication and revised Staff Report from the Director of
Community Services & Water dated July 13, 1999, be received and
filed as evidence; and that the variance be granted. Motion
carried.
RESOLUTION NO. 7371 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Dixon & Lois Harwin
Trust from Section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance, for the Property Located at 4608
50th Street in the City of Vernon, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7371 be approved and adopted. Motion carried.
ORDINANCE NO. 1075 - An Ordinance of the City Council
of the City of Vernon Amending Chapter 28 of the Code of the City
of Vernon, California, 1959, Pertaining to Subdivisions, and
Amending Section 26.4.6-8 of Said Code, Pertaining to Non-
conforming Warehouse Uses, Terminating the Moratorium Imposed by
Ordinance No. 1061, and Repealing all Ordinances or Parts of
Ordinances in Conflict Therewith, was read by title for a second
and final reading.
It was moved Ybarra, seconded by Gonzales, that
Ordinance No. 1075 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick
Noes: None
Absent: None
The City Clerk advised the Council that the following
matter and Resolution No. 7297 should be deferred to the next
City Council meeting.
Communication from Laurie D. Zelon, Esq. of Morrison &
Foerster, Attorneys at Law, representing Far East National Bank,
dated February 18, 1999 requesting the City Council reconsider
its denial of an appeal of a Certificate of Occupancy regarding
the building located at 4901 Pacific Boulevard, Vernon. (Deferred
from City Council Meeting held June 15, 1999).
Page 3 of 15
City Council Minutes July 13, 1999
Communication from Bruce V. Malkenhorst, City Clerk
dated March 10, 1999 advising Laurie D. Zelon, Legal
Representative for the Far East National Bank, requested that the
City Council reconsider its denial of an appeal, dated August 4,
1998, regarding the building located at 4901 Pacific Boulevard,
Vernon. At that time the City made a determination that the
building had been continuously vacant for one year; and
therefore, pursuant to Section 26.4.6-7 of the Comprehensive
Zoning Ordinance, cannot be re -occupied except in the case that
it is brought into conformity with all the regulations of the
zone in which it is located.
Submitted herewith is a staff report dated March 9,
1999 and based on the facts contained therein, it is hereby
recommended that the denial of the August 4, 1998 Appeal be
reaffirmed. (Deferred from City Council Meeting held June 15,
1999) .
RESOLUTION NO. 7297 - A Resolution of the City Council
of the City of Vernon Making Additional Findings in Support of
the Denial of an Appeal Concerning a Nonconforming Building at
4901-4903 Pacific Boulevard. (Deferred from City Council meeting
held June 15, 1999).
It was moved by Davis, seconded by McCormick, that the
aforementioned matter pertaining to Far East National Bank be
deferred to the next City Council meeting. Motion carried.
Communication from Kevin Wilson, Director of Community
Services & Water, dated June 29, 1999, was presented, advising
that Danjon Engineering has submitted Final Parcel Map No. 25083
on behalf of Vernon Partners Limited Partnership. They are
proposing to subdivide one parcel into two, one being 3.56 acres
located at 3251 26th Street and the other being 2.51 acres
located at 3211 26th Street. On June 2, 1998, the City Council
approved the Tentative Parcel Map with the following conditions:
1. Dedicate a ten foot strip of property along 26'
Street adjoining the parcels.
2. Design and reconstruct to City Standards the curb,
gutter, sidewalk, and associated pavement work on 26th Street.
The new sidewalk width shall be 8 feet. All utility poles, water
meters, fire hydrants, catch basins, and any utilities or
structures interfering with the relocation of the curb line shall
be submitted to the City for approval prior to construction.
Street trees shall be planted in accordance with City Standards,
unless on -site landscaping is provided as approved by the City.
3. Fire hydrants shall be spaced at intervals not
exceeding 300 feet in the sidewalk adjoining the project site.
Prior to construction, the Vernon Fire and Water Departments
shall approve the final location.
4. Fire Access lanes and on -site fire hydrants shall
be provided as required by the City of Vernon Fire Department.
Page 4 of 15
City Council Meeting
July 13, 1999
5. All storm drainage shall be in accordance with
NPDES requirements. Both properties shall be graded such that
drainage shall not cross property lines unless a drainage
easement is provided as approved by the City.
6. Both parcels shall be provided with utilities. New
utilities shall not cross property lines. Any existing utility
lines which cross property lines shall be terminated at the
property line.
7. The owner shall dedicate to the City of Vernon
utility easements for the existing power lines on the property.
8. Any structures built near the on -site power lines
shall be in compliance with P.U.C. General Order Number 95. The
power transformer indicated on the submitted site plan shall be
relocated to a site mutually agreeable between the owner and the
City of Vernon Department of Light & Power.
All of the above conditions have been met with the
exception of condition 6, in which case the City of Vernon
Utilities Department obtained an easement to cross property lines
with their utility.
The project is consistent with the Vernon General Plan
as adopted by the City of Vernon, and is consistent with the
State Subdivision Map Act. As part of the tentative parcel map
approval process, it was determined that the project was
categorically exempt from the California Environmental Quality
Act.
Based on the above information, it is hereby
recommended that Parcel Map No. 25083 be approved.
It was moved by Gonzales, seconded by Davis, that the
communication from the Director of Community Services and Water
dated June 29, 1999 be received and filed and that Final Parcel
Map No. 25083 be approved. Motion carried.
The City Clerk advised the Council that the following
matter should be deferred to the next City Council meeting.
Communication from Kevin Wilson, Director of Community
Services & Water, dated June 28, 1999 transmitting for your
consideration, a fully executed Grant Deed from Evelyn P. McKey,
Trustee/McKey Family Trust. The deed is for a portion of
property at 4930 Hampton Street consisting of approximately 400
square feet. The property will be used for street purposes, and
it is hereby recommended that the Grant Deed be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute same.
It was moved by McCormick, seconded by Ybarra, that the
aforementioned matter be deferred to the next City Council
meeting. Motion carried.
Page 5 of 15
City Council Minutes July 13, 1999
Communication from Bruce V. Malkenhorst, City Clerk
dated July 7, 1999, was presented, transmitting the Water Right
License and Agreement with Pacific Coast Building Products, Inc.
for the rights to 800 acre-feet of water. The cost of this water
is $175.00 per acre foot or $140,000.00 total. This has been
reviewed by the Director of Community Services and the City
Attorney, and it is hereby recommended that the Agreement be
approved and the Mayor and City Clerk be authorized to sign the
Agreement.
It was moved by Gonzales, seconded by Davis, that the
communication dated July 7, 1999 be received and filed, the
recommendation approved, and the Mayor and City Clerk be
p Y I� Y
authorized to execute same. Motion carried.
i
RESOLUTION NO. 7375 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Water Right License B and Between the City of Vernon and
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Pacific Coast Building Products, Inc. which Grants the Ci
ty of
Vernon a License to Extract 800 Acre -Feet of the Allowed Pumping
Allocation of Pacific Coast Building Products, Inc., for the
Period July 1, 1999 through June 30, 2000, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7375 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk
dated July 7, 1999, was presented, advising that Baszile Metals
Service, located at 2554 E. 25t'', City of Vernon, has requested
an extension of their permit for temporary office space, due to
delays that were beyond their control, to June 22, 2000 and at
that time, the temporary trailer will be removed from the
premises. The permit fee has been received, and it is hereby
recommended to extend the Trailer Permit.
It was moved by Davis, seconded by Gonzales, that the
communication dated July 7, 1999 be received and filed and the
recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk
dated July 7, 1999, was presented, advising that D/K
Environmental (DKE), located at 3650 E. 26th Street, City of
Vernon, has requested an extension of their permit for temporary
office space, due to delays that were beyond their control, to
May 4, 2000 and at that time the temporary trailer will be
removed from the premises. The permit fee has been received, and
it is hereby recommended to extend the Trailer Permit.
It was moved by Ybarra, seconded by McCormick, that the
communication dated July 7, 1999, be received and filed and the
recommendation approved. Motion carried.
Page 6 of 15
City Council Minutes July 13, 1999
Communication from Kevin Wilson, Director of Community
Services and Water dated July 7, 1999, was presented, advising
that the bids received and opened June 29, 1999 according to
Contract No. 553, Traffic Pavement Striping 1999-2000 are as
follows:
Paving Contractors, Inc. $29,978.38
Safety Striping Service, Inc. 30,100.19
Arrow Straight Marking & Striping Service 39,548.85
California Traffic Maintenance, Inc. 40,734.52
The bids have been reviewed and it is recommended that
this contract be awarded to Paving Contractors, Inc. on the basis
of their bid of $29,978.38.
It was moved McCormick, seconded by Davis, that the
aforementioned communication from the Director of Community
Services be received and filed and his recommendation approved.
Motion carried.
RESOLUTION NO. 7374 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Paving Contractors,
Inc. for Traffic Pavement Striping 1999-2000 in Accordance with
Contract No. 553 of the City of Vernon and Approving the
Execution of Said Contract, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7374 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 8, 1999, was presented, advising that the Director of
Utilities reviewed the City's advantages of its membership in the
Southern California Joint Pole Committee (JPC). Based on the
following reasons, it would be in the City's best interest to
discontinue their membership with JPC:
► Pole relocation, repairs and replacements can be
completed more expeditiously;
► Work schedules can be set without coordinating
work through the JPC; and
► All tenants or utilities desiring to occupy space
on City -owned poles will require City approval and
such approval will be determined on a case -by -case
basis.
Based on the Director of Utilities' review, it is
hereby recommended that the City of Vernon withdraw their
membership in the JPC and establish an application process,
requirements, and a payment schedule for new requests for pole
attachments.
Kenneth DeDario, Director of Utilities, addressed the
City Council and briefly summarized this matter. He stated that
this gives us more control of who is attaching to the Poles. The
present agreement does not allow or give us any control.
The Mayor asked if any other agencies, such as Anaheim,
were withdrawing.
Page 7 of 15
City Council Minutes
July 13, 1999
Mr. DeDario advised that not to his knowledge, but
personally he felt that they would be or may be opting out of
this in the future.
Councilman Davis: "Is this going to require more
manpower?"
Mr. DeDario: "No, I don't believe so."
Councilman Davis: "Does this mean we will have to
notify all Utility Companies that they have to come to us."
Mr. DeDario: "We are working on the process and the
requirementsh it that will be set."
Assistant City Attorney Olivo advised that the City
will be giving the Joint Pole Committee six months notice of its
withdrawal.
It was moved b McCormick seconded b Gonzales, that
by McCormickY
1 1999 be
the communication fr m h i Clerk, dated July 8 o the City C e y,
Y
received and filed and his recommendations approved. Motion
carried.
i
j RESOLUTION NO. 7373 - A Resolution of the City Council
of the City of Vernon Authorizing the Director of Utilities
Department to Give Notice of the City of Vernon's Withdrawal from
the Southern California Joint Pole Agreement, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7373 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 8, 1999, was presented, transmitting a proposed
agreement for consulting services with DMG-Maximus for the
g g
purpose of assisting the City in filing for reimbursable state
mandated costs (SB90) for fiscal year 1999-2000.
DMG-Maximus will prepare a portion of the listed claims
that are State mandated (as of this date) for a new fixed fee of
$3550 which will include two (2) additional mandates that were
not available last year. This is $150 more this year due to the
additional claims DMG-Maximus will be preparing for us.
They will also complete any new claims for which there
are state mandated claiming instructions issued later in 1999-
2000 for a fee of thirty percent of the reimbursements the City
receives from the claims filed. The maximum amount of the new
claims fee would be $3300, with a minimum fee of $500 if the
total amount of claims aid b the State are less than $1667.
p Y
In fiscal year 1998-99 the City was reimbursed $17,876
by the State as a result of claims filed by DMG. The DMG
consultant fees to file the claims was $3400.
This has been reviewed by the Director of Environmental
Health and the City Attorney has reviewed the agreement, and it
is hereby recommended that the 1999-2000 Agreement with DMG-
Maximus be approved.
Page 8 of 15
City Council Minutes July 13, 1999
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk, dated July 8, 1999, be
received and filed and his recommendation approved. Motion
carried.
RESOLUTION NO. 7369 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement to Provide Mandated Cost Claiming Services By and
Between the City of Vernon and DMG-Maximus (Formerly David M.
Griffith & Associates, LTD.) for Fiscal Year 1999-2000, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7369 be approved and adopted. Motion carried.
Communication from Dave Telford, Fire Chief, dated June
22, 1999, was presented, requesting authority and funds for
Firefighters Chris Hanson, Jeff Graves, and Peter Gantes to
attend the California Conference of Arson Investigators 99
Training Seminar on July 26t'', 27t'', and 28t'', 1999 with an expense
allowance of $354.00, $568.00, and $419.00 respectively.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for Chris Hanson, Jeff Graves, and
Peter Gantes to attend the aforementioned seminar with an expense
allowance $354.00, $568.00, and $419.00 respectively. Motion
carried.
Communication from Kenneth DeDario, Director of
Utilities, dated June 28, 1999, was presented, requesting
authority and funds for Eva De La Rosa, Energy Management
Representative Trainee to attend the Commercial/Industrial
Lighting (#9709) at Edison CTAC, Irwindale on July 15, 1999 with
an expense allowance of $62.50.
It was moved by Gonzales, seconded by Davis, that
authority and funds be granted for Eva De La Rosa to attend the
aforementioned seminar with an expense allowance of $62.50.
Motion carried.
Communication from Bruce Olson, Chief of Police, dated
June 17, 1999, was presented, requesting authority and funds for
Paul Cerda, Vernon Service Officer to attend the Annual Jail
Training at Riverside on August 17t'' and 18t'', 1999 with an
expense allowance of $174.74 of which all will be reimbursed by
STC.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Paul Cerda to attend the
aforementioned training with an expense allowance of $174.74.
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated July 6, 1999, was presented,
requesting authority and funds for Leonard Grossberg,
Environmental Specialist to attend the LEA/California Integrated
Waste Management Board Third Annual Conference -Practicing
Partnership at Tahoe City on August 25th thru 27t'', 1999 with an
expense allowance of $522.00.
Page 9 of 15
City Council Minutes
July 13, 1999
It was moved by Davis, seconded by Gonzales, that
authority and funds be granted for Leonard Grossberg to attend
the aforementioned conference with an expense allowance of
$522.00. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
July 1, 1999, was presented, requesting authority and funds for
Detectives Michael Alway and Donald Vanover, to attend the
Criminal Investigation Core Course at San Diego on August 2°d
thru 13", 1999 with an expense allowance of $1,344.50 each and
of which $968.00 each will be reimbursed by POST.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Michael Alway and Donald
Vanover to attend the aforementioned course with an expense
allowance of $1,344.50 each. Motion carried.
Communication from Ken DeDario, Director of Utilities,
dated July 7, 1999, was presented, requesting authority and funds
for Ali Nourmohamadian, Electrical Engineer to attend the Fiber
Optics 1-2-3 Design -Installation -Maintenance at Orange County on
July 20th & 211t, 1999 with an expense allowance of $951.00.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for Ali Nourmohamadian to attend
the aforementioned course with an expense allowance of $951.00.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel dated July 8, 1999, was presented, transmitting the
Agenda for the Adjourned Personnel Committee Meeting to be held
July 12, 1999 for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by McCormick, that
the recommendations listed on the July 12, 1999 Agenda for the
Adjourned Personnel Committee meeting be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
finance dated July 8, 1999, was presented, transmitting the
Agenda for the Adjourned Finance Committee Meeting to be held
July 13, 1999 for approval of the recommendations contained
therein.
It was moved by Ybarra, seconded by Davis, that the
recommendations listed on the July 13, 1999 Agenda for the
Adjourned Finance Committee meeting be approved. Motion carried.
Councilman Davis asked if the item on the July 13, 1999
Finance Committee Agenda was for new breakers.
Mr. DeDario stated "No, they are replacements at Vernon
Substation for main Breakers One and Two."
RESOLUTION NO. 7370 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Issuance of a
Purchase Order and the Execution of Purchase Contract Documents
with Walter's Wholesale Electric for Two (2) Cutler Hammer
Circuit Breakers for the Vernon Substation, was presented.
Page 10 of 15
City Council Minutes July 13, 1999
It was moved by Gonzales, seconded by Ybarra, that
Resolution,No. 7370 be approved and adopted. Motion carried.
RESOLUTION NO. 7372 - A Resolution of the City Council
of the City of Vernon (i) Ratifying the Issuance of Bid No. 1380
by the Purchasing Department for the Purchase of One Three Phase
Power Transformer for the Utilities Department; (ii) Accepting
the Bid of Delta Star, Inc. for Bid No. 1380; and (iii) Approving
and Authorizing the Execution of Purchase Contract Documents and
the Issuance of a Purchase Order Respecting Said Bid, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7372 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 8, 1999, was presented, advising that the Finance
Committee recommended approval at their meeting held June 14,
1999, which was subsequently approved by City Council on June 15,
1999, the quote received from Visual Structures, Inc. USA for
the purchase of a new console for the Police Department's
communication center in the amount of approximately $31,325. It
is hereby recommended that the purchase contract be approved and
a purchase order be issued.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Clerk be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 7368 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Purchase Contract Documents with Visual Structures, Inc. USA for
New Console Furniture for the Communications Center of the Police
Department, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7368 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 8, 1999, was presented, advising that the matter of
selecting Macias, Gini, & Co. LLP for the 1998-99 Fiscal Year
Audit was recommended by the Finance Committee at their meeting
held June 17, 1999. It is hereby recommended that an agreement
be approved and executed.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Clerk be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 7367 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Professional Auditing Services By and Between
the City of Vernon and Macias, Gini & Company LLP, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7367 be approved and adopted. Motion carried.
Page 11 of 15
City Council Minutes July 13, 1999
WARRANT REGISTER NO. 1019 covering claims and demands
presented during the period of June 11, 1999 thru July 8, 1999,
drawn on Wells Fargo Bank totaling $1,378,318.70, which includes
demand Nos. 72767 thru 73124 (inclusive), excluding Utility
demands and Void demands as listed below (accounting period June
Paid in July, 1999), was examined and audited.
72795 72847 72883 72886
72805 72881 72884 72970
72827 72882 72885 73073
It was moved by Davis, seconded by Ybarra, that Warrant
Register No. 1019 be approved and payment authorized for claims
and demands totaling $1,378,318.70, excluding Utility demands and
Void demands as listed above. Motion carried.
WARRANT REGISTER NO. 1019 covering claims and demands
presented during the period of June 11th thru July 8, 1999, drawn
on Wells Fargo Bank totaling $3,612,076.88, which includes
Utility demand Nos. as listed below (accounting period June Paid
in July, 1999, was examined and audited.
72767
72809
72851
72934
72997
73094
72778
72810
72865
72936
73000
73107
72779
72815
72866
72950
73003
73112
72780
72816
72869
72955
73010
73117
72783
72817
72877
72956
73028
73119
72790
72820
72880
72966
73031
73121
72791
72822
72900
72971
73051
73122
72800
72823
72903
72972
73057
72801
72829
72907
72973
73074
72802
72839
72914
72975
73087
72807
72840
72915
72981
73089
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1019 be approved and payment authorized for
Utility claims and demands totaling $3,612,076.88. 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.
At this time, the Mayor presented a letter dated June
29, 1999 from Mrs. Byrkit regarding her property at 5111 Hampton
Street, in the City of Vernon.
The City Council briefly discussed the matter.
It was moved by McCormick, seconded by Gonzales, that
the letter received from Mrs. Marguerite Byrkit, dated June 29,
1999, be received and filed. Motion carried.
The Mayor called a recess at 5:57 p.m.
The Council reconvened in Regular Session at 6:00 p.m.,
all members present before the recess again being present.
It was moved by Ybarra, seconded by Davis, that the
City Council go into Closed Session, Item No. 1, the time being
6:00 p.m. Motion carried.
Page 12 of 15
City Council Minutes July 13, 1999
All persons were excluded from Closed Session except
the City Clerk, Chief Deputy City Clerk, Chief of Police, Police
Captain, Fire Chief, Assistant City Attorney, and Police
Dispatcher.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
The Police Dispatcher was excused at 6:01 p.m.
The Fire Chief was excused at 6:05 p.m.
The Police Dispatcher returned at 6:05 P.M.
The Police Dispatcher was excused at 6:10 p.m.
The Chief of Police and Captain were excused at 6:30
p.m.
It was moved by Ybarra, seconded by Gonzales, that the
City Council go out of Closed Session pertaining to Item No. 1,
the time being 6:30 p.m. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
City Council go into Closed Session, Item Nos. 2, 3, & 4, the
time being 6:30 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, Assistant City Attorney, and the Chief Deputy
City Clerk.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(a) City of Vernon vs. Central Basin, etc.,
as row, et al. LASU NO. ;
(b) The City of Vernon v. The Atchison, Topeka and
Santa Fe Railway, upuc case NO. - - ,
(c) FERC Docket Nos. OA-96-76, OA97-602, OA97-604,
ER96-222; (Open access);
(d) FERC Docket Nos. ER97-2355, EC96-19-00 ER96-
1633 and EL96-48 (Restructuring);
Page 13 of 15
City Council Minutes
July 13, 1999
(e) CPUC Application No. 96-10-038 (SDG&E/SoCalGas
Merger); FERC Docket No. EL97-15
(ENOVA/PACIFIC ENTERPRISES); FERC Docket No.
EC97-12-000;
(f) Vernon Sem v. City of Vernon, WC No. POM
nassigne ;
(g) FERC Docket No. ER98-3594 (ISO);
(h) CPUC Application No. 98-07-005;
(i) FERC Docket No. ER98-3760 (ISO);
(j) David Venegas, et al. V. City of Vernon, LASC No.
LASC NO. ;
(k) Joe Lawrence Rivera, et al. V. City of Vernon,
USUC o. - x ;
3. With respect to every item of business to be
discussed in closed session pursuant to Government Code §
54956.95.
LIABILITY CLAIMS
Claimant: ANDREW S. GUTH
Agency Claimed Against: CITY OF VERNON
Claimant: ROBERT M. FARRELL
Agency Claimed Against: CITY OF VERNON
4. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code § 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case.
It was moved by Ybarra, seconded by Gonzales, that the
City Council go out of Closed Session pertaining to Item Nos. 2,
3, & 4 and resume Regular Session, the time being 6:36 p.m.
Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
disciplinary action for the Fire Engineer be approved as
recommended by the Fire Chief. Motion carried.
It was moved by Davis, seconded by Gonzales, that
disciplinary action as recommended by the City Administrator
during Closed Session for the Police Dispatcher, be approved.
Motion carried.
Page 14 of 15
City Council Meeting
July 13, 1999
It was moved by Ybarra, seconded by Davis, that the
Assistant City Attorney be authorized to execute the appropriate
authorization form on behalf of the City of Vernon to join in the
amicus brief being filed on behalf of the Tahoe Regional Planning
Agency by Shute, Mihaly & Wineberger in Tahoe -Sierra Preservation
Council v. Tahoe Regional Planning Agency, 34 F. Supp. 2d 1226
(9 Cir. 1999). 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 carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
Leonis C. M&Iburg
ayor
Page 15 of 15
NOTICE OF ADJOURNMENT
Notice is hereby given that the City Council meeting
scheduled to be held July 6, 1999, was adjourned (due to lack of
quorum) to July 13, 1999 at 5:00 p.m., in the City Council
Chambers of the City Hall located at 4305 Santa Fe Avenue,
Vernon, California.
7
ate Chief Depu City Clerk
AFFIDAVIT OF POSTING
NOTICE OF ADJOURNMENT
STATE OFiCALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Gloria J. Orosco, declare as follows:
That I am the Chief Deputy City Clerk of the City of
Vernon, and that the regular meeting of the City Council of the
City of Vernon scheduled to be held July 6, 1999, was adjourned
(due to lack of quorum) to July 13, 1999, and that a copy of said
notice (as set forth above) was posted at a conspicuous place
near the door of the room at which said meeting is to be held,
within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on ~% at Vernon, California.
Chief D uty City Clerk