19990803 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD AUGUST 3, 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
MEMBERS ABSENT: McCormick
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 July 13th and July 20th,
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.
Charla Duncan Secretary 20 Years
Martha Valenzuela Finance Office Manager 20 Years
The Mayor called a short recess, the time being 5:05
p.m. Council reconvened at 5:07 p.m., all members present before
the recess again being present.
Police Department Activity Log for the period July 16th
thru 313t, 1999, was presented.
It was moved Gonzales, seconded by Davis, that the
Police Department Activity Log for the period July 16th thru 31st,
1999, be received and filed. Motion carried.
Fire Department Activity Report for the period July
16th thru 31st, 1999, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period July 16th thru
31st, 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.
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 Alfred & Beatrice
Stern Trust for a Variance to allow the applicant to utilize
eight non -conforming truck loading spaces located at 4584 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 Alfred & Beatrice Stern
Trust for a Variance, the time being 5:08 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.
City Council Minutes August 3, 1999
Communication from Bruce V. Malkenhorst, City Clerk
dated July 28, 1999, was presented, advising that Alfred &
Beatrice Stern Trust requested a variance from the Comprehensive
Zoning Ordinance Section 26.4.2-8(c), Development Standards for
the property located at 4584 50th Street in the City of Vernon.
The variance is to allow the use of eight (8) 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 (2)
recessed conforming 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 shall 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 the time of
expiration, 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).
The Mayor asked if the City Council or anyone else had
any questions or comments.
Councilman Davis asked if item "b)" of the conditions
is correct, as it states "...parked at or using the loading space
shall extend into the existing street right-of-way..."
Mr. Wilson advised that the condition should read,
"...using the loading space shall not extend into the existing
street right-of-way..."
The Mayor asked about the year 2009 and what takes
place at that time.
Mr. Wilson replied that the building would have to
conform with our Comprehensive Zoning Ordinance at that time
which means they would have to recess the loading docks in order
for the trucks to be able to maneuver on site or demolish part of
the building, in order to allow for the truck maneuvering. Mr.
Wilson also stated that they need to be sure that the whole
building will be in conformance by the year 2009.
Page 2 of 14
City Council Minutes
August 3, 1999
The City Clerk asked how many businesses in the City
park on top of their buildings.
Mr. Wilson replied there are approximately ten
businesses that park on top of the building and U S Growers
has subterranean parking.
The Mayor asked if there were any other questions.
There were no other questions.
It was moved by Ybarra, seconded by Davis, to close the
Public Hearing pertaining to a request from Alfred & Beatrice
Stern Trust for a Variance to allow the applicant to utilize
eight non -conforming truck loading spaces located at 4584 50th
Street, the time being 5:20 p.m. Motion carried.
It was moved by Davis, seconded by Gonzales, that the
communication from the City Clerk, dated July 28, 1999, be
received and filed as evidence with the correction to condition
"b" as shown below and that the variance be granted. Motion
carried. Mayor Malburg abstained from voting.
"b) The usage of all non -conforming truck loading
spaces shall be limited so that any trucks parked
at or using the loading space shall not extend into
the existing street right-of-way as shown on the
Master Plan of Streets, dated June 16, 1992."
RESOLUTION NO. 7381 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Alfred & Beatrice
Stern Trust from Section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance, for the Property Located at 4584
50th Street in the City of Vernon, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7381 be approved and adopted. Motion carried.
Mayor Malburg abstained from voting.
The City Clerk announced that now was the time to open
the PUBLIC HEARING to consider the Reorganization of Territory
(Annexation to the City of Vernon from the City of Bell).
It was moved by Ybarra, seconded by Davis, to open the
PUBLIC HEARING to consider the Reorganization of Territory
(Annexation to the City of Vernon from the City of Bell), the
time being 5:25 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.
Mr. Wilson also advised that some agencies did not
receive sufficient notice of the Public Hearing and requested
that this hearing be continued to the next City Council meeting
in order to give them sufficient time to review this issue and
make any comments they feel necessary.
The Mayor asked if the maps could be brought to the
table so he could get a closer look at the property being
discussed.
Mr. Wilson took the maps to the table to give the Mayor
and Councilmen a closer look.
Page 3 of 14
City Council Minutes
August 3, 1999
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 29, 1999, was presented, advising that on June 9,
1999, the Los Angeles County Local Agency Formation Commission
(LAFCO) approved "Reorganization No. 98-1, Parcels 1 and 2"
between the Cities of Bell and Vernon.
In accordance with the Cortese -Knox Local Government
Reorganization of Territory requirements, the City of Vernon is
holding a Public Hearing in order to receive oral and written
testimony regarding the reorganization of territory between the
Cities of Bell and Vernon. The City of Vernon will be annexing
approximately 49.06 acres of property currently within the City
of Bell. Pursuant to Section 56025 of the Government Code, the
City of Vernon mailed, posted, and published the Public Hearing
Notice.
Attached herewith are the following documents:
1. Los Angeles County LAFCO Resolution No. 1999-22
2. Staff Report
3. Notice of Public Hearing
4. Affidavits of Posting, Mailing, Publishing, and
Delivery of the Public Hearing Notice.
This has been reviewed by the Director of Community
Services and the City Attorney, and it is hereby recommended that
the reorganization be approved.
The Mayor asked if there was anyone in the audience who
had any questions.
There was no one in the audience wishing to address
this matter.
The Assistant City Attorney advised that he had
submitted a letter opinion dated this date addressing the "Notice
of Public Hearing" and the issue of LAFCO and other affected
districts not getting sufficient notice of the Public Hearing.
Based on that, he concurs with the Director of Community Services
in that this Public Hearing be continued to August 17, 1999 to
allow the agencies that did not have sufficient time to review
the notice, ample time to comment or protest the annexation. Mr.
Olivo asked if any protests were received.
Mr. Wilson responded: "No, not as of today."
It was moved by Ybarra, seconded by Gonzales, that the
public hearing on the proposed reorganization of territory be
continued to August 17, 1999, so that further written
protests/comments, public comments or public testimony may be
received. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated July 29, 1999, be
received and filed. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
letter from the Assistant City Attorney dated August 3, 1999, be
received and filed and that Resolution No. 7384 be deferred to
the next City Council meeting. Motion carried.
Page 4 of 14
City Council Minutes August 3, 1999
RESOLUTION NO. 7384 - A Resolution of the City Council
of the City of Vernon Ordering the Reorganization of Territories
Designated as "Reorganization No. 98-1, Parcels 1 and 2" Between
the Cities of Bell and Vernon (Detachment From the City of Bell,
Annexation to the City of Vernon) Pursuant to the Cortese/Knox
Local Government Reorganization Act of 1985.
Communication from Laurie D. Zelon, Esq. of Morrison &
Foerster, Attorneys at Law, was presented, 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 July
20, 1999).
The Assistant City Attorney addressed this issue and
gave a brief history on this matter. He also advised the Council
that due to the circumstances surrounding this property,
including matters of hazardous material contaminating the
property, this has been reviewed more closely and the City
Attorney's office determined that settlement issues should be
discussed and taken into consideration.
The Mayor asked what the settlement is.
Kevin Wilson, Director of Community Services and Water,
advised that it was no longer being recommended that the appeal
be denied and the settlement issues are included in the
Resolution and addresses Far East National Bank bringing the
building and property into compliance as much as possible.
Communication from Bruce V. Malkenhorst, City Clerk
dated March 10, 1999, was presented, advising that 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 July 20,
1999).
It was moved by Ybarra, seconded by Davis, that the
communication from Laurie D. Zelon, Esquire dated February 18,
1999 and the communication from the City Clerk dated March 10,
1999, be received and filed and that no action be taken on
Resolution 7297. Motion carried.
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 July 20, 1999).
The Assistant City Attorney advised the City Council
that a new resolution had been prepared with regards to the
settlement and issues surrounding the Release and recommended
that Resolution No. 7391 be approved at this time.
Page 5 of 14
City Council Minutes August 3, 1999
RESOLUTION NO. 7391 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Settlement Agreement and General Release of Claims by and
Between the City of Vernon and Far East National Bank, and
Dismissing an Appeal Concerning a Nonconforming Building at
4901-4903 Pacific Blvd., Vernon, California, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7391 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services & Water, dated June 28, 1999, was presented,
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. (Deferred
from City Council meeting held July 20, 1999).
It was moved by Gonzales, seconded by Ybarra, that the
communication from the Director of Community Services & Water
dated June 28, 1999, be received and filed, the Grant Deed be
accepted, the Certificate of Acceptance be approved, and the
Mayor and City Clerk be authorized to execute same. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk
dated July 28, 1999, was presented, advising that at the Finance
Committee Meeting of June 14, 1999, approval was granted to the
Purchasing Department to seek formal bids for the purchase of a
generator and transfer switch to perform as a backup power system
for Well 18 on 51st Street and this was subsequently approved by
City Council on June 15, 1999. It is hereby recommended that the
Purchasing Department proceed with seeking formal bids to
purchase a generator and transfer switch for Well 18.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated July 28, 1999 be received
and filed and his recommendation approved. Motion carried.
RESOLUTION NO. 7387 - A Resolution of the City Council
of the City of Vernon Approving Bid No. 1385 and Authorizing
Notice Inviting Sealed Proposals or Bids for the Purchase of a
Generator and Transfer Switch for the Community Services and
Water Department for Well 18 on 51st Street in Accordance with
Bid No. 1385 of the City of Vernon, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7387 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 28, 1999, was presented, advising that the Utilities
Department is in need of purchasing seven "intelligent
multiplexers" that are to be installed at the Ybarra, Leonis,
Owill, and Vernon Substations and the Control Center in order to:
• Facilitate the transfer of information through our
fiber optic communication system to the SCADA
system
• Provide transmission line protection for the 69kV
extensions to Ybarra Substation from Owill and
Leonis Substations.
Page 6 of 14
City Council Minutes August 3, 1999
Due to the non-standard equipment and extreme
conditions of the substations (which will require customizing the
equipment for each substation) the only supplier that can meet
the department's needs is RFL Electronics, Inc. Because of the
time constraints of RFL's production runs, it is necessary to
place the order so the equipment will be in place when the Ybarra
Substation is put into service, and due to their schedule of
production runs, it was necessary to proceed with negotiating a
price for seven "intelligent multiplexers and training," with RFL
Electronics, Inc., and issue a purchase order. It is hereby
recommended that the negotiations with RFL Electronics, Inc. be
ratified as well as the issuance of a purchase order in the
amount of $55,580 for the equipment plus training and
commissioning at approximately $7,000.
It was moved by Davis, seconded by Ybarra, that the
communication from the City Clerk dated July 28, 1999, be
received and filed and his recommendations approved. Motion
carried.
RESOLUTION NO. 7390 - A Resolution of the City Council
of the City of Vernon Authorizing the Purchasing Agent to
Purchase for the Utilities Department Seven Intelligent
Multiplexers from RFL Electronics, Inc. for Installation at the
Ybarra, Leonis, Owill and Vernon Substations in Accordance with
Section 2.27(a) of the Vernon City Code, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7390 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk
dated July 28, 1999, was presented, transmitting the Water Right
License and Agreement with Coast Packing Company for the rights
to 425 acre-feet of water. The cost of this water is $195.00 per
acre foot or $82,875.00 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.
the site.
The Mayor asked Mr. Wilson how they get water rights.
Mr. Wilson said that he believes they have a well on
The Mayor responded: "Okay."
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated July 28, 1999 be received
and filed, the recommendation approved, and the Mayor and City
Clerk be authorized to execute same. Motion carried.
RESOLUTION NO. 7385 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Water Right License By and Between the City of Vernon and Coast
Packing Company, Which Grants the City of Vernon a License to
Extract 425 Acre -Feet of the Allowed Pumping Allocation of Coast
Packing Company for the Period July 1, 1999 through June 30,
2000, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7385 be approved and adopted. Motion carried.
Page 7 of 14
City Council Minutes August 3, 1999
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 28, 1999, was presented, advising that Mr. Herbert
Leon Johnson, Jr. has been performing gas line inspections on the
gas main installation throughout the City under an agreement
dated December 16, 1998 which has recently expired. Mr. Johnson
would like to continue his work for the City with an increase in
his pay rate from $20.00 to $27.50 due to the added costs
including the use of his personal vehicle, maintenance, gasoline,
and an insurance increase. This has been reviewed by the
Director of Community Services & Water, and it is hereby
recommended that the amendment to the existing agreement
approving the new pay rate and extending the term to June 30,
2000, be approved.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication be received and filed and the
recommendation approved. Motion carried.
RESOLUTION NO. 7382 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. 1 to the Agreement for Contractual Services By
and Between the City of Vernon and Herbert Leon Johnson, Jr. for
Field Inspection Service on the City's Natural Gas System, was
presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7382 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 28, 1999, was presented, advising that a Request for
Proposals (RFP) for the preparation of a Pre -Construction Survey
and Mitigation Study Report for the Alameda Corridor was
advertised from May 6, 1999 to May 27, 1999. The City received
three RFP's from the following firms:
► Cotton/Beland/Associates, Inc.
► Earth Tech
► Environmental Compliance solutions
The proposals have been reviewed by the Director of
Community Services and Water and the City Attorney's office has
prepared an Agreement By and Between Cotton/Beland/Associates,
Inc., and it is hereby recommended said agreement be approved and
executed.
The Mayor asked why we selected Cotton/Beland/
Associates, Inc.?
Mr. Wilson said they reviewed all the proposals and
they were the most qualified to meet our needs.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated July 28, 1999, be
received and filed and the recommendation approved. Motion
carried.
RESOLUTION NO. 7383 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Professional Consulting Services By and Between
the City of Vernon and Cotton/Beland/Associates, Inc. for
Environmental and/or Environmental Engineering Services to
Prepare a "Pre -Construction Survey and Mitigation Study" Report
Along the Alameda Corridor, was presented.
Page 8 of 14
City Council Minutes
August 3, 1999
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7383 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water dated July 26, 1999, was presented, advising
that the Traffic Signal Maintenance Agreement with Signal
Maintenance, Inc., 2283 Via Burton Street, Anaheim, CA 92806
expires August 31, 1999. The contract provides for maintenance
extension by mutual agreement under Section 16 of the Special
Provisions. Signal Maintenance, Inc. has indicated that they
would like to continue under the present contract.
Under Section 12 of the Special Provisions, they are
eligible for a Consumer Price Index (CPI) increase in the
contract. Because of current economic times, Signal Maintenance,
Inc. has waived the CPI adjustment for the next year. This has
been reviewed by the City Attorney and it is hereby recommended
that the contract be extended to August 31, 2000.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the Director of Community Services & Water
dated July 26, 1999, be received and filed and the recommendation
approved. Motion carried.
RESOLUTION NO. 7379 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a One -Year Extension of Contract No. 443 (1999/2000) By and
Between the City of Vernon and Signal Maintenance, Inc., was
presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7379 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services & Water, dated July 28, 1999, was presented, advising
that Contract No. 539, Vernon Gas Distribution System, Phase II
has been completed. The total contract amount, including Change
Order Nos. 1, 2, and 4 is $3,033,395.80. There is no final
partial payment due. The 10% retention is $303,339.58. The
Labor Commissioner has submitted requests to withhold funds from
the payment to the contractor.
Therefore, the City shall withhold $419,910.23 plus any
additional claims. If no further claims are made, 35 days after
the acceptance of work, De La Cruz will be paid $135,523.11.
When the Labor Commissioner's claims are resolved, the
appropriate party will be paid from the $419,910.23 being
withheld.
This has been reviewed by the City Attorney and it is
hereby recommended that the work be accepted and that authority
be granted to pay the contractor, De La Cruz Construction, 3127
E. South Street, Suite F, Long Beach, CA 90805, in accordance
with the contract.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Community
Services & Water be received and filed and the recommendation
approved. Motion carried.
RESOLUTION NO. 7388 - A Resolution of the City Council
of the City of Vernon Accepting the Work of De La Cruz
Construction, Inc. in Accordance with Contract No. 539 of the
City of Vernon, was presented.
Page 9 of 14
City Council Minutes
August 3, 1999
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7388 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 29, 1999, was presented, advising that in concurrence
with Resolution No. 7331, adopted on May 18,1999, it is hereby
recommended that the City Council continue to authorize the City
Treasurer to invest City funds in securities with a term or term
remaining to maturity, at the time of investment, in excess of
five years. This has been reviewed by Eric Fresch, the City's
Legal Counsel, and the Deputy City Treasurer.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated July 29, 1999, be
received and filed and the recommendation approved. Motion
carried.
RESOLUTION NO. 7386 - A Resolution of the City Council
of the City of Vernon Delegating Investment Authority to the City
Treasurer, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7386 be approved and adopted. Motion carried.
Communication from Dave Telford, Fire Chief, dated July
8, 1999, was presented, requesting authority and funds for Tom
Egan, Firefighter, to attend The Continuing Challenge 199 Haz Mat
Emergency Response Workshop at Sacramento on September 7th thru
10th, 1999 with an expense allowance of $809.88.
It was moved by Davis, seconded by Gonzales, that
authority and funds be granted for Tom Egan to attend the
aforementioned Workshop with an expense allowance of $809.88.
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental, dated June 24, 1999, was presented, requesting
authority and funds for Brett Koontz, Environmental Health
Specialist to attend the Continuing Challenge Hazmat Workshop at
Sacramento on September 7th thru 10th, 1999 with an expense
allowance of $640.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Brett Koontz to attend the
aforementioned workshop with an expense allowance of $640.00.
Motion carried.
Communication from Kenneth DeDario, Director of
Utilities, dated July 20, 1999, was presented, requesting
authority and funds for Timothy Bass, Assistant Engineer and
Ramon Z. Abueg, Assistant Director of Engineering & Operations to
attend the General Orders 95/128 Rules Committee Meeting at San
Diego on August 24th, 25th, and 26th, 1999 with an expense
allowance of $372.00 and $310.00 respectively.
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be granted for Timothy Bass and Ramon Abueg
to attend the aforementioned meeting with an expense allowance of
$372.00 and $310.00 respectively. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated July 21, 1999, was presented,
requesting authority and funds for Dan Downing, Chief Deputy
Director to attend the LEA/CIWMB 3rd Annual Conference -Practicing
Partnership at Tahoe City on August 25th thru 27th, 1999 with an
expense allowance of $661.00 of which $458.50 will be paid from
State Grant Funds.
Page 10 of 14
City Council Minutes
August 3, 1999
It was moved by Davis, seconded by Gonzales, that
authority and funds be granted for Dan Downing to attend the
aforementioned conference with an expense allowance of $661.00.
Motion carried.
Communication from Bruce Olson, Chief of Police, dated
July 21, 1999, was presented, requesting authority and funds for
Police Officers Christian Moscoso and David Zapien to attend the
Field Training Officer Update at Ontario on September 1st thru
3rd, 1999 with an expense allowance of $478.44 each and of which
445.80 each will be reimbursed by POST.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be granted for Police Officers Christian
Moscoso and David Zapien to attend the aforementioned Update with
and expense allowance of $478.44 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator, dated July 28, 1999, was presented, requesting
authority and funds for himself, Mayor Leonis Malburg; Mayor Pro
Tem Thomas Ybarra; and Councilmen Hilario Gonzales, William
Davis, and William McCormick to attend the League of California
Cities Annual Conference at San Jose on October 10th thru 12th,
1999 with an expense allowance of $973.00 each.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for Bruce V. Malkenhorst, Mayor
Leonis Malburg; Mayor Pro Tem Thomas Ybarra; and Councilmen
Hilario Gonzales, William Davis, and William McCormick to attend
the aforementioned conference with an expense allow $973.00 each.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator, dated July 28, 1999, was presented, requesting
authority and funds for Kevin Wilson, Director of Community
Services & Water; Kenneth DeDario, Director of Utilities; Lewis
Pozzebon, Director of Environmental Health; Bruce Olson, Chief of
Police; Dave Telford, Fire Chief; David Brearley, City Attorney;
and Eduardo Olivo, Assistant City Attorney to attend the League
of California Cities Annual Conference at San Jose on October
10th thru 12th, 1999 with an expense allowance of $806.00 each.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be granted for Kevin Wilson, Kenneth DeDario,
Lewis Pozzebon, Bruce Olson, Dave Telford, David Brearley, and
Eduardo Olivo to attend the aforementioned conference with an
expense allowance of $806.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator, dated July 28, 1999, was presented, requesting
authority and funds for Gloria Orosco, Chief Deputy City Clerk to
attend the City Clerk's Association's Educational Seminar at Brea
on August 19th and 20th, 1999 with an expense allowance of
$275.00.
It was moved by Davis, seconded by Gonzales, that
authority and funds be granted for Gloria Orosco to attend the
aforementioned seminar with an expense allowance of $275.00.
Motion carried.
Consideration of Amendment No. 1 to the Electrical
Service Credit Agreement By and Between the City of Vernon, the
Redevelopment Agency of the City of Vernon, and Crown Poly, Inc.
as submitted by Kenneth DeDario, Director of Utilities. This
Amendment extends the time limits for both the credit provision
and the service obligation by six months.
The Mayor asked why we were extending.
Page 11 of 14
City Council Minutes August 3, 1999
The Director of Utilities advised that Crown Poly asked
for an extension because they did not come on line as early as
they thought and they did not reap the full benefit of the prior
agreement.
It was moved by Ybarra, seconded by Davis, that
Amendment No. 1 to the Electrical Service Credit Agreement be
approved. Motion carried.
RESOLUTION NO. 7389 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the.Execution of
an Amendment No. 1 to the Electrical Service Credit Agreement By
and Between the City of Vernon, the Redevelopment Agency of the
City of Vernon and Crown Poly, Inc., was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7389 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 29, 1999, was presented, advising that in accordance
with the City Council meeting held June 15, 1999, submitted
herewith is the Staff Report on the proposed Parcel Tax.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Clerk be received and
filed. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel dated July 29, 1999, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held August 2,
1999 for approval of the recommendations contained therein.
It was moved by Davis, seconded by Ybarra, that the
recommendations listed on the August 2, 1999 Agenda for the
Personnel Committee meeting be approved. Motion carried.
WARRANT REGISTER NO. 1022 covering claims and demands
presented during the period of July 16th, thru July 29th, 1999,
drawn on Wells Fargo Bank totaling $1,216,229.55, which includes
demand Nos. 73270 thru 73488 (inclusive), excluding Utility
demands and Void demand Nos. 73281, 733007, 73347, 73348 to 73351
(accounting period August, 1999), was examined and audited.
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 1022 be approved and payment authorized for claims
and demands totaling $1,216,229.55, excluding Utility demands and
Void demands as listed above. Motion carried.
WARRANT REGISTER NO. 1022 covering claims and demands
presented during the period of July 16th, thru July 29th, 1999,
drawn on Wells Fargo Bank totaling $1,795,514.18, which includes
Utility demand Nos. as listed below: (accounting period August,
1999), was examined and audited.
73270
73309
73333
73411 73470
73273
73310
73339
73417 73480
73275
73314
73356
73439
73276
73315
73357
73441
73277
73317
73367
73447
73285
73318
73380
73451
73286
73325
73382
73456
73287
73326
73384
73461
73288
73327
73392
73466
73295
73328
73401
73467
73306
73330
73405
73468
Page 12 of 14
City Council Minutes
August 3, 1999
It was moved by Gonzales, seconded by Ybarra, that
Warrant Register No. 1022 be approved and payment authorized for
Utility claims and demands totaling $1,795,514.18. 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.
The Mayor called a recess at 6:30 p.m.
The Council reconvened in Regular Session at 6:36 p.m.,
all members present before the recess again being present.
It was moved by Gonzales, seconded by Davis, that the
City Council go into Closed Session, Item No. 1, the time being
6:36 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, Chief Deputy City Clerk, Fire Chief, Battalion
i� Y Y
Chief, and the Assistant City Attorney.
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 Fire Chief and Battalion Chief were excused at 6:39
p.m.
It was moved by Ybarra, seconded by Davis, that the
City Council go out of Closed Session pertaining to Item No. 1,
the time being 6:39 p.m. Motion carried.
The City Clerk advised there were no items to be
discussed in Closed Session pertaining to Item No. 2.
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(a) City of Vernon vs. Central Basin, etc.,
Zastrow, et al. LASC No. BC 130693;
(b) The City of Vernon v. The Atchison, Topeka and
Santa Fe Railway, CPUC Case No. 96-01-019;
(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);
(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
0187239, VNO Unassigned;
(g) FERC Docket No. ER98-3594 (ISO);
(h) CPUC Application No. 98-07-005;
Page 13 of 14
City Council Minutes August 3, 1999
(i) FERC Docket No. ER98-3760 (ISO);
(j) David Venegas, et al. V. City of Vernon, LASC No.
LASC No. BC 207136;
(k) Joe Lawrence Rivera, et al. V. City of Vernon,
USDC No. CV 99-02923 CM (RZx);
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into Closed Session, Item No. 3, the time being
6:40 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.
3. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code §
54956.95.
LIABILITY CLAIMS
Claimant: LUIS CALVILLO
Agency Claimed Against: CITY OF VERNON
Claimant: ANDREW S. GUTH
Agency Claimed Against: CITY OF VERNON
It was moved by Ybarra, seconded by Davis, that the
City Council go out of Closed Session pertaining to Item No. 3
and resume Regular Session, the time being 6:40 p.m. Motion
carried.
It was moved by Ybarra, seconded by Davis, that the
claim from Luis Calvillo be denied. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
claim from Andrew S. Guth be approved and the Release be
accepted. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
disciplinary action for the Firefighter be approved as
recommended by the Fire Chief. Motion carried.
There being no further business to come before the
Council at this time, it was moved by Ybarra, seconded by
Gonzales, that the meeting adjourn. Motion carried.
ATTEST:
per-- ✓�
Bruce V. Malkenhorst
City Clerk
Leonis C. M burg
Mayor
Page 14 of 14