20000905 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD SEPTEMBER 5, 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 Gonzales, that the
Minutes of the City Council Meeting held August 22, 2000, be
approved as submitted and adopted. Motion carried.
The City Clerk announced that now was the time to
present the Service Pins.
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council.
Louie Saenz Utilityman II
Francesco Pirello Police Officer
20 yrs
10 yrs
Both of the above listed employees were unable to
attend the meeting and their awards were accepted by their
respective department head.
Police Department Activity Log for the period August
16th thru 31st, 2000, was presented.
It was moved by McCormick, seconded by Davis that the
Police Department Activity Log for the period August 16th thru
31st, 2000, be received and filed. Motion carried.
Fire Department Activity Report for the period August
16th thru 31st, 2000, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period August 16th thru
31st, 2000, be received and filed. Motion carried.
The City Clerk advised 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 Hearing that
may be listed.
The Mayor asked Ms. Petullo if she wanted to address
the City Council.
Ms. Petullo said that she did not want to address the
City Council.
City Council Meeting Minutes September 5, 2000
There was no one else wishing to address the City
Council in any matter.
The City Clerk announced that now was the time to
CONTINUE with the PUBLIC HEARING to consider a variance
application from World Wide Drapery Fabric, Inc. for the
property located at 3113 26th Street.
It was moved by McCormick, seconded by Ybarra, to open
the continuation of a Public Hearing to consider a request from
World Wide Drapery Fabric, Inc. for a variance, the time being
5:05 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 16, 2000, was presented, advising that World Wide
Drapery Fabric, Inc. has requested a variance from the
Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development
Standards for the property located at 3113 26th 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
will be restricted to trucks that do not extend into the public
right-of-way, continued from City Council Meeting held August
22, 2000.
Submitted herewith are the following documents:
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 the fifty (50) foot loading
dock on the property free, clear, and accessible for longer
trucks to utilize.
b) The usage of the non -conforming truck loading spaces shall
be limited so that any truck parked at or using the loading
docks does not extend into the street right-of-way as shown on
the Master Plan of Streets, dated June 16, 1992.
c) The owner of the property shall provide and maintain for the
City of Vernon utility easements for the existing power lines
on the east end of property and for the electrical substation
on the roof of the building located on the owners property in
a form and manner subject to approval of the Director of
Community Services and Water.
d) This variance shall only be valid while World Wide occupies
the property. A new variance will be required upon change of
occupancy or ownership.
e) All existing and future tenants shall be notified of these
restrictions and a condition stating this shall be placed in
all future leases.
Page 2 of 16
City Council Meeting Minutes September 5, 2000
f) 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 that 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).
Kevin S. Wilson, Director of Community Services and
Water, addressed the City Council and briefly presented the
staff's additional conditions that were to be added to the
conditions of the variance.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 30, 2000, was presented, advising that after
further review, staff recommends that the following conditions
be added to the variance for World Wide Drapery Fabric, Inc. to
allow the use of eight (8) non -conforming truck loading spaces
as required by the Comprehensive Zoning Ordinance at 3113 26th
Street.
g. The non -conforming truck loading spaces shall not be used
for truck loading between the hours of 6:00 a.m. thru 9:00
a.m. and 2:00 p.m. thru 6:00 p.m., Monday thru Friday.
h. Signs shall be posted in front of the non -conforming truck
loading spaces that restrict the length of the trucks and
the time in which they may access the loading docks.
It is hereby recommended that the above listed conditions be
added to the variance for World Wide Drapery Fabric, Inc.
The Mayor asked if there were any questions to Mr.
Wilson.
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing for a request of a variance for World Wide
Drapery Fabric, Inc., the time being 5:07. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the communications from the City Clerk dated August 16, 2000 and
August 30, 2000, and all supporting documents submitted as
evidence during the Public Hearing be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7600 - A Resolution Of The City Council
Of The City Of Vernon Granting A Variance To World Wide Drapery
Fabric, Inc. From Section 26.4.2-8(C), Development Standards, Of
The Comprehensive Zoning Ordinance, For The Property Located At
3113 26th Street In The City Of Vernon, (deferred from City
Council meeting held August 22, 2000), was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7600 be approved and adopted. Motion carried.
Page 3 of 16
City Council Meeting Minutes September 5, 2000
The City Clerk announced that now was the time to open
the PUBLIC HEARING to consider the revision of Resolution No.
7337 with regard to Health Permit Fees.
It was moved by Davis, seconded by Ybarra, to open the
Public Hearing to consider the revision of Resolution No. 7337
with regard to Health Permit Fees, the time being 5:09 p.m.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 31, 2000, was presented, advising that at the City
Council meeting held August 8, 2000, it was advised by a
communication from Bruce V. Malkenhorst, City Clerk, dated
August 3, 2000, that this Council previously approved Ordinance
No. 1080 which repealed Chapter 11 of the City Code, amended
Chapter 13, and codified the "Food Protection Program" into a
new Chapter 11. These revisions now require Resolution No. 7337
to be amended to reflect fee additions/changes to certain permit
categories and that these revisions had been reviewed by the
Director of Environmental Health and City Attorney.
Transmitted herewith is:
1. Copy of Notice of Public Hearing
2. Affidavit of Posting
3. Copy of Declaration of Publication
It is hereby recommended that Resolution No. 7337 be amended to
reflect the necessary changes.
Lewis Pozzebon, Director of Environmental Health,
addressed the City Council and briefly summarized this issue.
The Mayor, asked if anyone had any questions or
comments on this issue.
There was no one wishing to address the City Council.
It was moved by McCormick, seconded by Gonzales, to
close the Public Hearing to consider the revision of Resolution
No. 7337 with regard to Health Permit Fees, the time being
5:10 p.m. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
communication from the City Clerk dated August 31, 2000, and all
supporting documents submitted as evidence during the Public
Hearing, be received and filed and his recommendation approved.
Motion carried.
RESOLUTION NO. 7597 - A Resolution Of The City Council
Of The City Of Vernon Establishing Health Permit, Hazardous
Materials Establishment Permit, And Application Fees For Permits
Granted By The City Of Vernon Pursuant To Sections 11.9.4, 13.7,
13.31, 13.53, 25.12, And 25.13-6 Of The Vernon City Code And
Repealing Resolution No. 7337, was presented.
Page 4 of 16
City Council Meeting Minutes
September 5, 2000
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7597 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the PUBLIC HEARING to consider a request from Lighton
Property LLC for a variance to install two (2) driveways at 2040
45th Street in the City of Vernon.
It was moved by McCormick, seconded by Gonzales, to
open the Public Hearing to consider a request from Lighton
Property LLC for a variance, the time being 5:11 p.m. Motion
carried.
Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 31, 2000, was presented, advising that Lighton
Property LLC located at 2040 45th Street in the City of Vernon has
requested a variance from the Comprehensive Zoning Ordinance
Section 26.4.2-8(e). They are proposing to install two (2)
driveways that do not comply with the distance requirements stated
in Section 26.4.2-8(e) of the City of Vernon Comprehensive Zoning
Ordinance at their property located at 2040 45th Street.
Submitted herewith are the following documents:
1. Staff report
2. Application for variance
3. Notice of Intent, Notice of Public Hearing, copies of
notification letters to owners and tenants in the area
and affidavits of posting and mailing
4. Environmental Checklist Form and Initial Study
5. Proposed Negative Declaration
The proposed operation will not pose any adverse effects to
the City of Vernon and will not have any significant effects on
the environment, and no mitigating measures are not required.
The project is consistent with the General Plan as adopted by
the City of Vernon.
It is hereby recommended that the City Council determine:
1. That the project is consistent with the General Plan as
adopted by the City of Vernon.
2. That the project will not have a significant effect on
the environment; and
3. That the project will not individually or cumulatively
have an adverse effect on wildlife resources.
It is also recommended that a Negative Declaration be adopted
and that a Notice of Determination and a De Minimis Finding be
filed with the County Clerk.
Page 5 of 16
City Council Meeting Minutes September 5, 2000
It is further recommended that the variance be granted with the
following conditions:
a. Prior to occupancy, Lighton Property LLC shall be operated in
accordance with, and made to conform with all current codes,
rules and regulations, including but not limited to parking,
loading, and maneuvering requirements; and be subject to
permit fees as adopted by the City of Vernon.
b. All required federal, state, local, and regulatory agency
permits shall be obtained prior to operation. Prior to
occupancy a business license and occupancy permit shall be
obtained.
c. All required frontage improvements shall be constructed and
all existing cracked sidewalk, curb and gutter adjacent to the
site on 45th Street, St. Charles Street, and 46th Street and
Prior to occupying all required frontage improvements shall be
constructed including but not limited to the curb returns
being widened on 45th Street/St Charles Street and 46th
Street/St Charles Street in a manner acceptable by the
Director of Community Services.
d. Noncompliance with the conditions shall constitute sufficient
grounds for the City Council of the City of Vernon to void
this variance.
e. Lighton Property LLC shall provide to the City of Vernon
a utility easement, if required, in a form and manner
acceptable by the Director of Community Services and Water.
f. The number of employees at the site shall be consistent with
the limitations set by the Federal, State, and local
governments for the number of persons that can occupy a
building 20,900 square feet in area. There shall be an
adequate number of restroom and washroom facilities to
accommodate the employees on -site as well as adequate number
of automobile parking spaces.
g. Lighton Property LLC shall implement a dust control program in
compliance with AQMD standards prior to beginning any paving
or grading on -site. The program shall be in a form and manner
acceptable to the Department of Community Services.
h. Lighton Property LLC shall not generate in excess of 146
vehicle trips per day.
i. If necessary the City of Vernon shall require a Hazardous
Materials Establishment Permit to be submitted to, and
approved by, the City of Vernon Environmental Health and Fire
Departments. A Hazardous Materials Establishment Permit shall
include, but not be limited to, instruction and on-the-job
training of employees to identify and handle hazardous
materials and shall be conducted by an individual
knowledgeable in hazardous materials management. As required
by the Hazardous Materials Establishment Permit a detailed log
shall be maintained to account for and monitor all hazardous
materials that are brought into, stored, and leave the site.
Page 6 of 16
City Council Meeting Minutes September 5, 2000
j. If required, the proponent shall submit a Notice of Intent to
the California Regional Water Quality Control Board (CRWQCB)
to address National Pollutant Discharge Elimination System
(NPDES) requirements regarding storm water runoff. A copy of
the Storm Water Pollution Prevention Plan (SWPPP) as required
under the NPDES permit shall be submitted to the Environmental
Health Department for review.
Councilman William Davis, "will this variance be
violated if there is a change in occupancy or ownership?"
Director of Community Services and Water, "No, the
variance goes with the property."
The Mayor, "how large a building are they
proposing?"
Director of Community Services and Water, "about twenty
thousand (20,000) square feet. They will be maneuvering on -
site."
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated August 31, 2000 and all
supporting documents submitted as evidence during the Public
Hearing, be received and filed. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
City Council hereby determines that the project is consistent
with the General Plan as adopted by the City of Vernon. Motion
carried.
It was moved by McCormick, seconded by Gonzales, that
the City Council hereby determines that the project will not
have significant effect on the environment. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
City Council hereby determines that the project will not
individually or cumulatively have an adverse effect on wildfire
resources. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that a
Negative Declaration be adopted and a Notice of Determination
and a De Minimis Finding be filed with the County Clerk. Motion
carried.
RESOLUTION NO. 7615 - A Resolution of the City Council
Of The City Of Vernon Granting A Variance To Lighton Property
LLC From Section 26.4.2-8 (E), Development Standards, Of The
Comprehensive Zoning Ordinance, For The Properties Located At
2040 45th Street In The City Of Vernon, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7615 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
a PUBLIC HEARING to consider a State Grant Application from the
from the State of California Department of Housing and Community
Development, Community Development Block Grant (CDBG) Block.
It was moved by Ybarra, seconded by Davis, to open the
Page 7 of 16
City Council Meeting Minutes September 5, 2000
Public Hearing to consider a State Grant Application, Community
Development Block Grant (CDBG) Block, the time being 5:20 p.m.
Motion carried.
Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter and also submitted a staff report for the record.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 31, 2000, was presented, advising that the State
Department of Housing and Community Development offers funds
through the California Community Economic Enterprise Fund. The
funds can be used to finance business loans, improve public
infrastructure, and/or provide microenterprise assistance to
accomplish their business objectives.
Transmitted herewith is:
1. Copy of Notice of Public Hearing and Affidavit of Posting
2. Copy of publication of Notice of Public Hearing and
Affidavit of Publication
3. Application to the State for Community Development Block
Grant Fund
The Community Services and Water Department on behalf of the
City of Vernon anticipates applying for the maximum grant amount
of $500,000.00, Submitted herewith for review is the
application for a $500,000.00 Grant from the State of California
Department of Housing and Community Development, Community
Development Block Grant (CDBG) Block.
It is hereby recommended that the application for said funds be
approved and if approval is received from the State, that the
funds be utilized to create a public infrastructure grant
program and equipment loan program.
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing for a Community Development Block Grant
(CDBG) Block, the time being 5:24 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the communication from the City Clerk dated August 31, 2000 and
all supporting documents submitted as evidence during the Public
Hearing, be received and filed and his recommendation approved.
Motion carried.
RESOLUTION NO. 7614 - A Resolution Of The City Council
Of The City Of Vernon (1) Approving An Application For Funding
From The Enterprise Fund Component Of The Economic Development
Allocation Of The State Community Development Block Grant (CDBG)
Program And The Execution Thereof; (2) Approving A Citizen
Participation Plan; And (3) Authorizing Matching Funds For
Utility Relocation And Traffic Signalization Costs, was
presented.
Page 8 of 16
City Council Meeting Minutes
September 5, 2000
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7614 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the PUBLIC HEARING to consider the implementation of a
Congestion Management Program (CMP) to alleviate traffic
congestion.
It was moved by McCormick, seconded by Ybarra, to open
the Public Hearing to consider the implementation of a
Congestion Management Program, the time being 5:25 p.m. Motion
carried.
The Director of Community Services and Water,
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 31, 2000, was presented, advising that the
Community Services and Water Department has conducted the
studies required by The Los Angeles County Metropolitan
Transportation Authority (MTA) and outlined in the Congestion
Management Program (CMP) Land Use Analysis Program for the City
of Vernon to alleviate traffic congestion caused by potential
increases in growth.
Submitted herewith are the following documentents:
1. 1999-2000 Local Implementation Report
2. Notice of Public Hearing, Affidavit of Posting and
Declaration of Publication; and
3. Staff Report
It is hereby recommended that the Congestion Management Program
be approved.
It was moved by McCormick, seconded by Davis, to close
the Public Hearing regarding the implementation of a Congestion
Management Program, the time being 5:29 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated August 31, 2000, and all
supporting documents submitted as evidence during the Public
Hearing be received and filed and his recommendation approved.
Motion carried.
RESOLUTION NO. 7599 - A Resolution Of The City
Council Of The City Of Vernon Finding The City Of Vernon To Be
In Conformance With The Congestion Management Program (CMP) As
Established By The Los Angeles County Metropolitan
Transportation Authority, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7599 be approved and adopted. Motion carried.
Hearing to consider the termination of a Non-exclusive
Franchise Agreement for Solid Waste Management Services.
Page 9 of 16
City Council Meeting Minutes September 5, 2000
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 16, 2000, was presented, advising that on April 1,
1999, Kirk Sanford Hauling/Greenday Disposal and Recycling
entered into a City of Vernon Non-exclusive Franchise Agreement
for Solid Waste Management Services with the City of Vernon.
According to Health Department records, the company is currently
out of compliance with the terms and conditions of the
agreement. Despite repeated efforts by the Health Department to
bring the company into compliance, the follow specific
violations remain:
• Failure to maintain a viable performance bond
• Failure to maintain a valid health permit
• Failure to maintain adequate insurance coverage
Based on the above listed facts it is hereby recommended that
the Kirk Sanford Hauling/Greenday Disposal and Recycling Non-
exclusive Franchise Agreement be terminated.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City Clerk, dated
April 1, 2000 be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7610 - A Resolution Of The City
Council Of The City Of Vernon Terminating The Non -Exclusive
Solid Waste Franchise Granted To Kirk Sanford Hauling/Greenday
Disposal And Recycling By The City Of Vernon Pursuant To
Resolution No. 7314, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7610 be approved and adopted. Motion carried.
Communication from Bruce Olson, Police Chief, dated
August 15, 2000, was presented, requesting authority and funds
for Theresa Nicholas, Assistant Records Manager, to attend the
CLEARS Training Conference at San Diego on October 23rd thru 27th
2000, with an expense allowance of $1,108.55.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Theresa Nicholas to attend
the CLEARS Training conference with an expense allowance of
$1,108.55. Motion carried.
Communication from Bruce Olson, Police Chief, dated
August 16, 2000, was presented, requesting authority and funds
for Donald Vanover, Police Detective, to attend the Western
States Auto Theft Investigators Conference at South Lake Tahoe
on October 2nd thru 4th, 2000, with an expense allowance of
$722.20.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be granted for Donald Vanover to attend the
above listed conference with an expense allowance of $722.20.
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated August 29, 2000, was presented,
requesting authority and funds for Dan Downing, Chief Deputy,
Director, to attend the Mosquito & Vector Control Association
Page 10 of 16
City Council Meeting Minutes September 5, 2000
Education Seminar at Anaheim on October 3rd thru 4th, 2000, with
an expense allowance of $82.00.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for Dan Downing to attend the
above listed seminar with an expense allowance of $82.00.
Motion carried.
Communication from Kenneth J. DeDario, Director of
Utilities, dated August 30, 2000, was presented, requesting
authority and funds for Vipul Patel, Information System Analyst,
to participate in the MPE/iX for System Operators On -Site
Internet Seminar on September 11th, 13th, and 15th, 2000, with an
expense allowance of $749.00.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Vipul Patel to participate in
the above listed On -Site Internet Seminar with an expense
allowance of $749.00. Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated August 24, 2000, was
presented, transmitting for consideration one (1) fully executed
Grant Deed and one (1) Grant of Easement from Mani Brothers East
49th Street LLC. The Grant Deed is for a portion of property
approximately 8,404 square feet in size, located on the
northeast corner of Alameda and 49th Street, Vernon, California.
The property will be used for street purposes.
The Easement Deed is for a strip of property approximately 756
square feet in size, located on the northeast corner of Alameda
and 49th Streets, Vernon, California. The property will be used
for utility purposes.
It is recommended that the Grant Deed and the Grant of Easement
be accepted, the Certificates of Acceptance be approved, and the
Mayor and City Clerk be authorized to sign.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water dated August 24, 2000 be received and filed
and his recommendation approved.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 28, 2000, was presented, transmitting a one-year
lease Water Right License and Agreement with California Water
Service Company for the rights to 2,300 acre-feet of water. The
cost of this water is $235.00 per acre-foot or $540,500.00
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 Ybarra, seconded by McCormick, that
the aforementioned communication from the City Clerk dated
August 28, 2000 be received and filed and his recommendation
approved. Motion carried.
Page 11 of 16
City Council Meeting Minutes September 5, 2000
RESOLUTION NO. 7611 - 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
California Water Service Company, Which Grants The City Of
Vernon A License To Extract 2,300 Acre -Feet Of The Allowed
Pumping Allocation Of California Water Service Company For The
Period July 1, 2000 Through June 30, 2001, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7611 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 28, 2000, was presented, advising that the National
League of Cities' Annual Business Meeting will held Saturday,
December 9, 2000 at 2:15 p.m., at the Congress of Cities in
Boston, Massachusetts. To be eligible to cast a city's vote(s),
each voting delegate and alternate voting delegate must be
designated by their city.
It is hereby recommended that Councilman Hilario Gonzales be
designated voting delegate and Councilman William Davis,
alternate voting delegate, in order to be able to cast the
city's vote at the NLC's Annual Business Meeting.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City Clerk dated
August 28, 2000 be received and filed and his recommendation
approved. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 31, 2000, was presented, advising that due to the
current economic environment of the deregulated wholesale
electric power market the Utilities department's ability to
secure resources at reasonable price levels is hampered.
The Utilities Department would like to seek proposals/bids from
one or more suppliers to enter into various long-term power
supply contractual arrangements pursuant to the Western System
Power Pool (WSPP) for an amount not to exceed 75MW for a period
of ten (10 ) years.
This has been reviewed by staff of the utilities department &
Utility/Financial Legal Counsel and it is hereby recommended
that approval be granted for the Utilities Department to seek
proposals to purchase power for the next 10 years, pursuant to
the Western Systems Power Pool agreement.
Kenneth DeDario, Director of Utilities, addressed the
City Council and briefly summarized this matter.
The City Clerk asked, "is the 75MW per year or for the
entire period?"
Director of Utilities, "no it is 75MW per year."
Councilman Davis, "in last week's paper there was
something about South Gate building a generation plant."
Director of Utilities, "the more generating systems
that are built puts us in a better market or purchasing
position. It just all depends on what happens."
Page 12 of 16
City Council Meeting Minutes September 5, 2000
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Clerk dated August
31, 2000 be received and filed. Motion carried.
RESOLUTION NO. 7616 - A Resolution of the City Council
of the City of Vernon Approving & Authorizing the Utilities
Department to Seek Proposals to Purchase Power for the Next Ten
Years Pursuant to the Western Systems Power Pool (WSPP)
Agreement, Approving and Authorizing the Form of Documents for
Requests for Proposals for Power Supply, Approving and
Authorizing the Execution by the City Administrator of
Transaction Confirmation Agreements, and Approving and Ratifying
Power Sales Agreements Made by the Utilities Department with
Idaho Power Company, was presented.
It was moved by Ybarra, seconded by Days, that
Resolution No. 7616 be approved and adopted. Motiin carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 31, 2000, was presented, transmitting
the Agenda for the Personnel Committee meeting to be held
September 5, 2000, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by D is, that the
recommendations on the September 5, 2000 Adjourne Personnel
Committee Agenda be approved. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 29, 2000, was presented, advising that this
legislative body approved the adoption of Resolution No. 7586,
authorizing the Purchasing Department to seek bids for the
replacement and reinstallation of pumping equipme t at Well No.
17. Below are the results obtained from three bi s received and
opened August 8, 2000.
1. Beylik Drilling, Inc. $55,987.0
2. Layne Christensen $65,946.62
3. Water Well Supply No Bid
The above listed bids have been reviewed and approved by the
Community Services and Water Department and it is hereby
recommended that Bid #1397 be accepted and authorization be
granted to issue a purchase order to the lowest bidder, Beylik
Drilling in the amount of $55,987.00, including tax.
The Mayor asked if staff had an estimate on these
costs.
Mr. Wilson, Director of Community Services and Water
advised that they did not have one.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City Clerk dated
August 29, 2000 be received and filed and his recommendation
approved. Motion carried.
Page 13 of 16
City Council Meeting Minutes September 5, 2000
RESOLUTION NO. 7612 - A Resolution Of The City Council
Of The City Of Vernon Accepting The Bid Of Beylik Drilling, Inc.
On Bid No. 1397 For The Replacement And Reinstallation Of Well
Pump #17 For The Community Services And Water Department And
Authorizing The Execution Of An Equipment Purchase Contract And
The Issuance Of A Purchase Order Respecting Said Bid, was
presented.
It was moved Ybarra, seconded by Davis, that
Resolution No. 7612 be approved and adopted. Motion carried.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated August 30, 2000, was
presented, requesting that Contract No. 555, Vernon Gas
Distribution System, Replacement of Gas Main Couplings, be
approved and authority be granted to advertise for bids.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City Clerk dated
August 30, 2000 be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7613 - A Resolution Of The City Council
Of The City Of Vernon Approving Contract No. 555 Of The City Of
Vernon For Vernon Gas Distribution System, Replacement Of Gas
Main Couplings And Authorizing Notice Inviting Sealed Proposals
Or Bids In Accordance Therewith, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7613 be approved and adopted. Motion carried.
Consideration and discussion of retaining the
consulting services of Ivanhoe Energy Services on Utility
matters.
The City Clerk asked that this matter be deferred to
the next Finance Committee meeting.
It was moved by Gonzales, seconded by Davis, that the
consideration and discussion of retaining the consulting
services of Ivanhoe Energy Services be deferred to the next
Finance Committee meeting. Motion carried.
WARRANT REGISTER NO. 1048 covering claims and demands
presented during the period of August 18, thru August 31, 2000,
drawn on Wells Fargo Bank totaling $547,954.84, and includes
check Nos. 79231 thru 79419 (inclusive), excluding Utility
demands and voided checks nos. 79248, and 79301 thru 79304.
(accounting period September, 2000):
It'was moved by Davis, seconded by McCormick, that
Warrant Register No. 1048 be approved and payment authorized for
claims and demands totaling $547,954.84, excluding Utility
demands and voided checks as listed below. Motion carried.
WARRANT REGISTER NO. 1048 covering claims and demands
presented during the period of August 18, thru August 31, 2000,
drawn on Wells Fargo Bank totaling $5,831,819.68, which includes
Utility demands and check Nos. as listed below: (accounting
period September, 2000):
Page 14 of 16
City Council Meeting Minutes
September 5, 2000
79233 79235 79237 79239 79240
79241 79249 79251 79261 79262
79263 79277 79278 79283 79286
79293 79294 79295 79296 79300
79322 79325 79345 79356 79384
79386 79389 79390 79391 79392
79399 79405 79418
It was moved by Gonzales, seconded by Ybarra, that
Warrant Register No. 1048 be approved and payment authorized for
Utility claims and demands totaling $5,831,819.68. 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 5:57 p.m. The City
Council reconvened in Regular Session at 6:00 p.m., all members
present before the recess again being present.
The City Clerk advised that there was nothing to be
discussed in closed session for 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 § 54956.9.
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) The City of Vernon v. The Atchison, Topeka and Santa
Fe Railway, CPUC Case No. 96-01-019;
(b) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633
and EL96-48 (Restructuring);
(c) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO
Unassigned;
(d)
FERC
Docket
No.
ER98-3594
(ISO);
(e)
FERC
Docket
No.
ER98-3760
(ISO);
(f) David Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(g) Vernon v. All Persons; LASC No. BC 222145;
(h) Cal Compact Landfill Site, Carson, California; EPA No.
Unassigned;
(i) Vernon v. Regional Water Quality Control Board; Nos.
A-1280, A1280(a) and A-1280(b);
Page 15 of 16
City Council Meeting Minutes September 5, 2000
(j) Arnold Klein dba AMRO Industries v. City of Vernon,
Kevin Wilson, Jerry Schreiber, et al., LASC No. BC
226167;
(k) FERC Docket No. EL00-58-000 (ISO);
(1) City of Torrance et al v. State Compensation Insurance
Fund, Case Number Unknown;
(m) Mark A. Suarez v. New Matic Construction, etc., et al.,
LASC No. BC 228903;
(n) FERC Docket No. ER00-2019-000 (ISO);
It was moved by Gonzales, seconded by McCormick, that
the City Council go into closed session on Item No. 3, the time
being 6:00 p.m. Motion carried.
All persons were excused from closed session with the
exception of the City Clerk, City Attorney, and the Chief Deputy
City Clerk.
The Mayor ordered all communications to and from closed
session deemed privileged and confidential.
It was moved by Ybarra, seconded by Davis, that the
City Council go out of closed session pertaining Item No. 3, the
time being 6:05 p.m. Motion carried.
It moved by Gonzales, seconded Davis, that the
Liability Claim for Kemp Brothers Construction be rejected.
Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Gonzales, that the meeting adjourn. Motion carried.
eonis C. Mal rg
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
Page 16 of 16