20000404 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD APRIL 4, 2000
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, McCormick, Davis
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, March 21, 2000, be
approved as submitted and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 29, 2000, was presented, advising that Kenneth
DeDario, Director of Utilities, has elected to award Sharon
Capper, Customer Service Representative, to receive a Utility
Department's LEVEL I SPIRITS AWARD based on her Superior
Performance during the past 12 months.
It was moved by Davis, seconded by Ybarra, that the
communication from the City Clerk dated March 29, 2000 be
received and filed. Motion carried.
A Proclamation Of The Mayor And The City Council Of The
City Of Vernon Commending Officer David Zapien In Recognition Of
The Help And Assistance He Rendered In The Capture Of A Suspect
In An Armed Robbery.
The Mayor presented the Proclamation to Officer Zapien
and extended congratulations on behalf of the entire City
Council.
It was moved by Ybarra, seconded by Gonzales, that the
Proclamation be received and filed. Motion carried.
The Mayor called a short recess at 5:06 p.m. Council
reconvened at 5:07 p.m., all members present before the recess
again being present.
A Proclamation Of The Mayor And The City Council Of The
City Of Vernon Commending Officer Oscar Zozaya In Recognition Of
The Help And Assistance He Rendered In The Capture Of A Suspect
In An Armed Robbery, was presented.
It was moved by McCormick, seconded by Davis, that the
Proclamation be received and filed. Motion carried.
Police Department Activity Log for the period March
16TH thru 31ST , 2000, was presented.
It was moved by Gonzales, seconded by McCormick, that
the Police Department Activity Log for the period March 16TH thru
31ST , 2000, be received and filed. Motion carried.
Fire Department Activity Report for the period March
16TH thru 31ST , 2000, was presented.
It was moved by Davis, seconded by Ybarra, that the
Fire Department Activity Report for the period March 16TH thru
31ST , 2000, be received and filed. Motion carried.
City Council Minutes April 4, 2000
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.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated March 28, 2000, was
presented, transmitting two (2) fully executed Grant Deeds and a
Grant of Easement from Los Angeles By -Products Co. Deed #1 is
for a portion of property located at 2030 Alameda Street, and
consists of approximately 484 square feet and will be used for
street purposes. Deed #2 is for a portion of property located at
2860 Alameda Street, and consists of approximately 423 square
feet and will used for street purposes. The easement is for a
portion of property located at 2860 Alameda Street, and consists
of approximately 771 square feet. It is hereby recommended that
the two (2) Grant Deeds and the Grant of Easement be accepted,
the Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to sign.
It was moved by Gonzales, seconded by McCormick, that
the communication from the Director of Community Services and
Water, dated March 28, 2000, be received and filed, the
Certificates of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute same. Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated March 28, 2000, was
presented, transmitting a fully executed Grant Deed from Praxair
Distribution Incorporated. The deed is for a portion of property
located at 5700 Alameda Street, and consists of approximately
7,279 square feet and will be used for street purposes. 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 sign.
It was moved by Davis, seconded by McCormick, that the
communication from the Director of Community Services and Water,
dated March 28, 2000, be received and filed, the Certificate of
Acceptance be approved, and the Mayor and City Clerk be
authorized to execute same. Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated March 28, 2000, was
presented, advising that O.E. Clark Paper Box Company has
requested permission to install, use, and maintain a
communications cable over Leonis Boulevard crossing east of the
centerline of Seville Avenue. They have executed an Encroachment
License Agreement and have provided the required insurance. The
insurance was approved by Risk Management on March 27, 2000. A
check in the amount of $1,444.52 which includes the issuance fee
of $1,250.00 and the first annual renewal fee of $194.52, was
deposited with the City February 3, 2000. This has been reviewed
by the Director of Community Services and Water, and it is hereby
recommended that the Encroachment License Agreement No. 391 be
approved, and the Mayor and City Clerk be authorized to sign.
Page 2 of 9
City Council Minutes April 4, 2000
It was moved by Ybarra, seconded by Gonzales, that the
communication from the Director of Community Services and Water,
dated March 28, 2000, be received and filed and the
recommendation approved. Motion carried.
RESOLUTION NO. 7514 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
Encroachment License Agreement No. 391 By And Between The City Of
Vernon And 0. E. Clark Paper Box Company, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7514 be approved and adopted. Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated March 27, 2000, was
presented, advising that Contract No. 551, Fire Station No. 1
Reroofing, has been completed. The total contract amount,
including Change Order is $82,593.40. Partial payments totaling
$74,334.06 have been paid. The remaining ten percent (10%) of
the total contract amount, or the sum of $8,259.34, is payable
thirty-five days after acceptance of the work. It is hereby
recommended that the work be accepted and that authority be
granted to pay the contractor, Best Roofing and Waterproofing,
22301 S. Western Avenue, Suite 105, Torrance, CA 90501-4155.
It was moved by Gonzales, seconded by Davis, that the
communication from the Director of Community Services and Water,
dated March 27, 2000, be received and filed and the
recommendation approved. Motion carried.
RESOLUTION NO. 7512 - A Resolution Of The City Council
Of The City Of Vernon Accepting The Work Of Best Roofing And
Waterproofing, Inc. In Accordance With Contract No. 551 Of The
City Of Vernon, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7512 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 29, 2000, was presented, transmitting a copy of an
application for the 6th Cycle (2000-2003) of Used Oil Block Grant
Funds to be submitted to the California Integrated Waste
Management Board (CIWMB). The grant funds will continue to be
utilized to improve the public's awareness of the used oil
recycling opportunities and the damage to the environment caused
from releases of used oil. This has been reviewed by the
Director of Environmental Health, and it is hereby recommended
that the application be approved, and a Resolution prepared and
adopted.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated, March 29, 2000, be
received and filed and the recommendation approved. Motion
carried.
RESOLUTION NO. 7513 - A Resolution Of The City Council
Of The City Of Vernon Approving And Ratifying the Execution Of An
Application For A 2000/2003 Used Oil Block Grant, Sixth Cycle,
Under The California Oil Recycling Enhancement Act, was
presented.
The City Clerk announced that the following matter and
Ordinance No. 1080 should be deferred to the next City Council
meeting.
Page 3 of 9
City Council Minutes April 4, 2000
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 30, 2000, advising that the City was previously
designated as the Inspection Authority for wholesale facilities
within our City limits. The Environmental Health Department has
found that Chapters 11 & 13 in the Code of the City Of Vernon
(Code), do not meet the Department's needs as they pertain only
to wholesale food vehicles. The Department has worked with the
City Attorney to revise Chapter 11 and amend Chapter 13 of the
Code. The revisions to Chapter 11 will allow the department to
provide increased public health protection with improved
authority to regulate both wholesale and retail food facilities.
The amendments to Chapter 13 will update the Code such that the
nomenclature for health permit categories will coincide with that
currently used in State law and proposed for Chapter 11. This
has been reviewed by the Director of Environmental Health and
City Attorney, and it is hereby recommended that the revisions
and amendments to the Code be approved and adopted.
ORDINANCE NO. 1080 - An Ordinance Of The City Council
Of The City Of Vernon Amending The Code Of The City Of Vernon,
California, 1959, By (1) Repealing Chapter 11, Food Vending
Vehicles And Food Handling Establishments, And Article 4 Of
Appendix V, Regulations For Caterer And Catering Vehicles (Retail
Food Vehicles) Of The Code Of The City Of Vernon, California,
1959; (2) Adding A New Chapter 11 Thereto Adopting A Food
Protection Program For The City Of Vernon; And (3) Amending
Sections 13.6 And 13.7 Of The Code Of The City Of Vernon,
California, 1959 Relating To Health Permits; Defining The Terms
Used In The Ordinance; Providing For Its Enforcement; Prescribing
Penalties For Violations; And Repealing All Ordinances Or Parts
Of Ordinances In Conflict Herewith. (FIRST READING)
It was moved by McCormick, seconded by Ybarra, that the
communication from the City Clerk dated, March 30, 2000 and
Ordinance No. 1080 be deferred to the next City Council meeting.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 29, 2000, was presented, advising that Akzo Nobel has
requested an additional one-year extension for their temporary
office trailer located at 3492 East 26th Street. With the
company's intention to relocate their catalyst production to
Texas and closing the Vernon facility, it would be unreasonable
to construct a permanent office facility. This has been reviewed
by the Director of Community Services and Water, and it is hereby
recommended that the trailer permit be extended to March 15,
2001.
It was moved by Davis, seconded by Gonzales, that the
communication from the City Clerk dated, March 29, 2000, be
received and filed and the recommendation approved. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 30, 2000, was presented, advising that Paul Zook,
Fire Engineer, applied for Retirement Service Pending Industrial
Disability Retirement on February 17, 2000. In accordance with
Government Code Sections 21154 and 21156, PERS requested that the
City make a determination as to his industrial disability in a
letter dated February 28, 2000 and received by the City on March
8, 2000. Mr. Zook retired on a Service Retirement March 11,
2000. According to a report dated March 23, 2000, Dr. David B.
Landers opines that Mr. Zook cannot perform the essential
Page 4 of 9
City Council Minutes
April 4, 2000
functions of his job in the Fire Department. Dr. Landers bases
his opinion on the following Medical Diagnosis:
1. S/P LS injuries 1985 - requiring back surgery.
2. Low back injury on January 8, 2000 (Lumbosacrae Spine
Musculo ligamentous strain - acute with chronic
exacerbation).
3. Left shoulder strain - chronic.
4. Abdominal (Umbilical) hernia - new - diagnosed on March 22,
2000.
Mr. Zook is permanent and stationary as of March 22, 2000.
No third -party liability exists. Neither the City Council of the
City of Vernon nor Paul Zook has applied to the Workers'
Compensation Appeals Board for a determination whether such
disability is industrial. Based on the above, it is hereby
recommended that Council approve the industrial disability
retirement of Paul Zook effective April 5, 2000.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated, March 30, 2000, be
received and filed and the recommendation approved. Motion
carried.
RESOLUTION NO. 7515 - A Resolution Of The City Council
Of The City Of Vernon Granting The Disability Retirement Of Paul
Robert Zook, A Local Safety Member Employed By The City Of Vernon
(Government Code Sections 21154 And 21156), was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7515 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 30, 2000, was presented, advising that the
Environmental Health Department has been monitoring the
environmental assessment of chemical contamination discovered in
subsurface soils at Vernon Sanitation Supply Company (VSSC), 4622
Alcoa Avenue, and properties to the north and south of that
address. VSSC has submitted a work plan to conduct a vapor Pilot
Test on 4622 Alcoa Avenue and on City property at the southeast
corner of Packers and Alcoa Avenues, adjacent to the 4622 Alcoa
Avenue site. The Pilot Test will involve the installation of
subsurface soil vapor wells and temporary piping and equipment.
Results from the test will be used to develop a remediation
system that will remove terachhlorethene (PCE) from the soil.
An encroachment license agreement is being proposed to permit the
temporary use of the City's property for remediation activities
by VSSC. It is requested that the standard issuance fee and the
annual renewal fee for the license be waived for the following
reasons:
1. The City is not participating in the funding for the
remediation activities.
2. The intent of the Vapor Pilot Test and the following
remediation system will improve the conditions of the City
property and benefit the City.
This has been reviewed by the Director of Community Services and
Water, Director of Environmental Health, and City Attorney, and
it is hereby recommended that Encroachment License Agreement No.
392, including fee waivers, be approved, and the Mayor and City
Clerk be authorized to sign.
Page 5 of 9
City Council Minutes
April 4, 2000
It was moved by Gonzales, seconded by Ybarra, that the
communication from the City Clerk dated, March 30, 2000, be
received and filed and the recommendation approved. Motion
carried.
RESOLUTION NO. 7516 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
Encroachment License Agreement No. 392 By And Between The City Of
Vernon And Vernon Sanitation Supply Company, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 7516 be approved and adopted. Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated March 14, 2000, was
presented, requesting authority and funds for Jerome Schreiber,
Senior Electrical Inspector, to attend the 1999 National
Electrical Code at Costa Mesa on May loth thru 11th, 2000, with an
expense allowance of $947.50.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be granted for Jerome Schreiber to attend the
aforementioned conference with an expense allowance of $947.50.
Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated March 14, 2000, was
presented, requesting authority and funds for Luis Reynoso,
Utilityman I, to attend the Excelling as a First -Time Manager or
Supervisor Seminar at Los Angeles on May 18th, 2000, with an
expense allowance of $211.50.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be granted for Luis Reynoso to attend the
aforementioned seminar with an expense allowance of $211.50.
Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated March 28, 2000, was
presented, requesting authority and funds for James Persons,
Project Engineer (Traffic), to attend the Traffic Control
Supervisors Association 2000 at Fresno on May 3rd thru 5th, 2000,
with an expense allowance of $683.75.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for James Persons to attend the
aforementioned conference with an expense allowance of $683.75.
Motion carried.
Communication from Bruce Olson, Police Chief, dated
March 21, 2000, was presented, requesting authority and funds for
Cerissa Diaz, Dispatcher, to attend the Basic Dispatcher Course
at Whittier on May 1st thru 19th, 2000, with an expense allowance
of $267.00, of which POST reimburses $237.00.
It was moved by McCormick, seconded by Ybarra, that
authority and funds be granted for Cerissa Diaz to attend the
aforementioned course with an expense allowance of $237.00.
Motion carried.
Communication from Bruce Olson, Police Chief, dated
March 15, 2000, was presented, requesting authority and funds for
Betsy An, Records Clerk, to attend the Basic Records Course at E1
Monte on May 1st thru 5th, 2000, with an expense allowance of
$117.70 of which POST reimburses $77.70.
Page 6 of 9
City Council Minutes
April 4, 2000
It was moved by Davis, seconded by Gonzales, that
authority and funds be granted for Betsy An to attend the
aforementioned course with an expense allowance of $117.70.
Motion carried.
Communication from Bruce Olson, Police Chief, dated
March 10, 2000, was presented, requesting authority and funds for
Detective Francesco Pirello, to attend the Annual Fraud
Investigators Conference at Monterey on April 12th thru 14th,
2000, with an expense allowance of $733.50.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Detective Francesco Pirello to
attend the aforementioned conference with an expense allowance of
$733.30. Motion carried.
Communication from Bruce Olson, Police Chief, dated
February 18, 2000, was presented, requesting authority and funds
for Lieutenant James Rodino, to attend the Basic Internal Affairs
Conference at Sacramento on April 17th thru 19th, 2000, with an
expense allowance of $638.48 of which POST reimburses $558.24.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be granted for Lieutenant James Rodino to
attend the aforementioned conference with an expense allowance of
$638.48. Motion carried.
Communication from Bruce Olson, Police Chief, dated
February 18, 2000, was presented, requesting authority and funds
for Sergeant Anthony Zack, to attend the Background Investigation
Update at San Bernardino on April 19th thru 20th, 2000, with an
expense allowance of $194.40 of which POST reimburses $190.40.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Sergeant Anthony Zack to
attend the aforementioned update with an expense allowance of
$194.40. Motion carried.
Communication from Bruce Olson, Police Chief, dated
March 23, 2000, was presented, requesting authority and funds for
Officer Mason Chancey, to attend the Field Training Officer
Update at Torrance on May 3rd thru 5th, 2000, with an expense
allowance of $237.28 of which POST reimburses $231.28.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be granted for Officer Mason Chancey to
attend the aforementioned update with an expense allowance of
$237.28. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 30, 2000, was presented, transmitting the
Agenda for the Personnel Committee meeting to be held April 3,
2000, for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Ybarra, that the
recommendations listed on the Agenda for the Personnel Committee
meeting held April 3, 2000 be approved. Motion carried.
WARRANT REGISTER NO. 1038 covering claims and demands
presented during the period of March 17th thru March 30th, 2000,
drawn on Wells Fargo Bank totaling $622,307.86, and includes
check Nos. 76942 thru 77194 (inclusive), excluding Utility
demands and Voided checks as listed below (accounting period
April, 2000), was examined and audited.
Page 7 of 9
City Council Minutes April 4, 2000
76942 76972 77009 77011 77012
77020 77021 77022 77071
It was moved by McCormick, seconded by Davis, that
Warrant Register No. 1038 be approved and payment authorized for
claims and demands totaling $622,307.86, excluding Utility
demands and Voided checks as listed above. Motion carried.
WARRANT REGISTER NO. 1038 covering claims and demands
presented during the period of March 17th thru March 30th, 2000,
drawn on Wells Fargo Bank totaling $3,080,493.30, which includes
Utility demands and check Nos. as listed below: (accounting
period April, 2000), was examined and audited.
76944 76946 76952 76953 76954
76955 76956 76961 76962 76970
76984 76986 76987 77005 77010
77014 77017 77018 77019 77036
77050 77051 77054 77072 77087
77096 77099 77100 77105 77111
77116 77120 77131 77134 77145
77158 77161 77166 77171 77172
77178 77190 77191
It was moved by Gonzales, seconded by Ybarra, that
Warrant Register No. 1038 be approved and payment authorized for
Utility claims and demands totaling $3,080,493.30. Motion
carried. Councilman Davis abstained from voting and disqualified
himself because it is reasonable foreseeable that the decision
may have a material financial effect on his source of income.
The Mayor called a recess at 5:32 p.m.
The Council reconvened in Regular Session at 5:39 p.m.,
all members present before the recess again being present.
The City Clerk advised there were no issues for Closed
Session, Item Nos. 1 and 2.
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
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) The City of Vernon v. The Atchison, Topeka and Santa Fe
Railway, CPUC Case No. 96-01-019;
(b) FERC Docket Nos. OA96-76, OA97-602, OA97-604, ER96-222,
(open access);
(c) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633 and
EL96-48 (Restructuring);
(d) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger);
FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC
Docket No. EC97-12-000;
Page 8 of 9
City Council Minutes
April 4, 2000
(e) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO
Unassigned;
(f) FERC Docket No. ER98-3594 (ISO);
(g) CPUC Application No. 98-07-005;
(h) FERC Docket No. ER98-3760 (ISO);
(i) David Venegas, et al. v. City of Vernon, LASC No. BC 207136;
(j) Vernon v. All Persons; LASC No. BC 222145;
(k) Cal Compact Landfill Site, Carson, California; EPA No.
Unassigned;
(1) Vernon v. Regional Water Quality Control Board; No.
Unassigned;
(m) Beacon Concrete, Inc. v. City of Vernon/Amelco Construction;
HPMC No. O0000216;
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
e is C. Ma burg
Mayor
Page 9 of 9