20010221 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD FEBRUARY 21,
2001, 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, Davis, Gonzales, McCormick
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 February 7, 2001 be
approved as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 11, 2001, was presented,
advising that the below listed employees qualified in the month of
January, 2001 for a Perfect Attendance Award. This is awarded to
employees on the basis of a minimum of two (2) years of perfect
attendance:
Date of Hire Employee
Award
O1/15/89
Manuel Morales
Utilityman III
2
O1/12/98
Bryan Dome
Fire Engineer
3
O1/12/98
Greg Galvan
Firefighter
3
09/18/89
William Foltz
Fire Engineer
4
06/30/81
Stella Pasillas
Utility Clerk
5
10/24/88
Andrew Guth
Battalion Chief
7
03/25/91
Jim Wilcox
Sr. Environmental
Specialist
7
09/22/87
Christian Moscoso
Police Officer
8
04/04/88
Daniel Calleros
Police Sergeant
9
O1/21/91
Anthony Serrano
Customer Service
Representative
10
O1/02/90
Joan Francone
Risk Manager/Personnel
Assistant
11
O1/02/90
Silas Williams
Utilityman III
11
08/09/82
Bruce Olson
Chief of Police
12
10/24/88
Craig Peltier
Firefighter
12
09/28/86
Felix Saldana
Utilityman II
13
The Mayor presented
awards to the aforementioned
employees
and extended congratulations on behalf
of the entire
City Council.
The following employees were unable to
attend the
meeting and their awards were
accepted by their
respective
department head.
O1/23/89
Glenn Burdick
Electronics Technician
2
05/30/82
Karon Berry
Utility Clerk
3
O1/12/98
Ryan Fogg
Firefighter
3
O1/12/98
Michael Galindo
Police Officer
3
O1/12/98
Lorenzo Gaytan
Police Officer
3
O1/12/98
Alec Miller
Firefighter
3
O1/06/97
George Salazar
Police Officer
4
O1/05/87
David Kimes
Battalion Chief
5
08/17/87
Bradley Miller
Fire Engineer
5
City Council Meeting Minutes
February 21, 2001
O1/10/94 Jerry R. Chavez Police Officer 7
O1/05/87 Jed Hulsey Fire Captain 8
08/28/88 Mauro Trujillo Utilityman III 9
08/17/87 Anthony Zack Police Sergeant 9
09/18/89 Francisco Tostado Fire Engineer 10
04/12/66 Edward Saenz Utilityman I 13
The Mayor called a short recess at 5:13 p.m. The City
Council reconvened at 5:15 p.m., all members present before the
recess again being present.
Police Department Activity Log for the period February
1st thru 15th, 2001, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period February 1st thru
15th, 2001, be received and filed. Motion carried.
Fire Department Activity Report for the period
February 1st thru 15th, 2001, was presented.
It was moved by Ybarra, seconded by McCormick, that the
Fire Department Activity Report for the period February lst thru
15th, 2001, be received and filed. Motion carried.
Risk Management Report for the month of January, 2001,
was presented.
It was moved by McCormick, seconded by Ybarra, that the
Risk Management Report for the month of January, 2001, be received
and filed. Motion carried.
Health Department Report for the month of January, 2001,
was presented.
It was moved by Davis, seconded by Gonzales, that the
Health Department Report for the month of January, 2001, be
received and filed. Motion carried.
The City Clerk advised that now was the time for anyone
in the audience who wished 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 there was anyone wishing to address
City 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 a
public hearing to obtain comments on the Draft Environmental
Assessment for the I-710/Atlantic Boulevard/Bandini Boulevard
Interchange project.
It was moved by Ybarra, seconded by Gonzales, to open a
Public Hearing to obtain comments on the Draft Environmental
Assessment for the I-710/Atlantic Boulevard/Bandini Boulevard
Interchange project, the time being 5:23 p.m. Motion carried.
Page 2 of 19
City Council Meeting Minutes February 21, 2001
There was a court reporter present during this hearing
who recorded the proceedings that took place during the hearing.
Samuel Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter.
Representatives from the consulting firm Holmes and
Narver provided a brief presentation on this matter to the City
Council.
It was moved by Ybarra, seconded by Gonzales, to close
the public hearing, the time being 5:35 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, to open
the public hearing to address Tentative Parcel Map No. 26031
submitted by Gilbert Engineering Company on behalf of Dynamic
Builders, Inc., the time being 5:36 p.m. Motion carried.
Samuel Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter and gave a slide presentation for the City Council.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated February 13, 2001, was
presented, advising that Gilbert Engineering Company has submitted
on behalf of Dynamic Builders, Inc., Tentative Parcel Map No.
26031 for investigation and report in accordance with the
Subdivision Map Act. They are proposing to subdivide the property
located at the southeast corner of 55th Street and Alameda Street
into three parcels. Parcel one being 3.37 acres, parcel two being
1.99 acres, and parcel 3 being 5.04 acres in size.
Submitted herewith is the following evidence:
1. Engineer's Report.
2. Print of Tentative Parcel Map No. 26031.
3. Notice of Public Hearing, copies of notification letters
to owners, and affidavits of posting and mailing.
4. Excerpts from the Subdivision Map Act.
The adoption of the Tentative Parcel map will pose no
adverse effects on the City of Vernon or any surrounding areas.
The project is consistent with the General Plan as adopted by the
City of Vernon and is categorically exempt from the California
Environmental Quality Act (CEQA) because it consists of four or
less parcels.
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 is categorically exempt from CEQA under
Section 15315 of the State CEQA Guidelines (division of
industrial property into four or fewer parcels).
Page 3 of 19
City Council Meeting Minutes
February 21, 2001
It is further recommended that Tentative Parcel Map No.
26031 be approved with the following conditions:
1. Reconstruct to city standards the curb, gutter,
sidewalk, and associated pavement work on 55th and 57th
Streets to master plan width. The curb and gutter shall
be 8 feet from the property line. Appropriate
transitions to existing curb and gutter east of the
subject property shall be provided. All utility poles,
water meters and vaults, fire hydrants, catch basins and
any utilities or structures interfering with the
relocation of the curb line shall be removed or
relocated as part of the construction. Street trees
shall be planted in accordance with city standards,
unless on -site landscaping is provided as approved by
the City. Said improvements shall be at no cost to the
City.
2. Fire hydrants shall be spaced at intervals not exceeding
300 feet in the sidewalk adjoining the project site.
Prior to construction, the Vernon Fire and Water
Departments shall approve the final location. At
minimum one additional fire hydrant will be required at
the northeast corner of Alameda and 57th Streets. All
existing fire hydrants adjoining the subject property
shall be replaced with current City of Vernon standard
fire hydrants. Said improvements shall be at no cost to
the City.
3. Fire access lanes and on -site fire hydrants shall be
provided as required by the City of Vernon Fire
Department.
4. All storm drainage shall be in accordance with NPDES
requirements. The properties shall be graded such that
drainage shall not cross property lines except as
provided by a drainage easement approved by the City.
5. The parcels shall be provided with utilities. New
utilities shall not cross property lines. Any existing
utility lines which cross property lines shall be
terminated at the property line. Utility easements
shall be provided as deemed necessary by the City of
Vernon Utilities Department.
6. All structures proposed shall meet the safety clearance
required under P.U.C. General Order Number 95.
Developer shall be responsible for all costs necessary
for the relocation or realignment of electrical
circuits. All funds necessary for such improvements
shall be paid in advance.
7. Transformer and switchgear must be outdoors or in an
electrical room with 24 hours access. Locations must be
approved by the Utilities Department.
8. The Developer shall purchase and install, including
trenching and backfilling all electrical conduit from
riser pole through required manholes to transformer
vault and from transformer vault to switch gear.
Page 4 of 19
City Council Meeting Minutes February 21, 2001
Developer shall be responsible for purchasing and
installing transformer vault and manholes. The size and
type of all electrical equipment will be determined by
Vernon Utilities Department.
9. All non -certified fill areas on the site shall be
compacted to a soil density of 90%. All buried
substructures, footings and walls shall be removed. All
soil work shall be performed in the presence of a soil
engineer who shall document that all substructures on
the site have been removed and the soil on the site
meets the minimum density requirements of the 1997
Uniform Building Code.
10. The Developer shall remove all abandoned water utility
vaults in the public right of way adjoining the subject
parcels at no cost to the City.
11. The Developer shall repair all broken curb, gutter and
sidewalk and replace abandoned driveways with new curb,
gutter and sidewalk along Alameda Street adjoining the
subject site at no cost to the City.
The Mayor asked if there was anyone in the audience
wishing to address the City Council at this time.
Councilman William Davis asked about the parking between
buildings one and two.
Director of Community Services and Water Kevin Wilson,
advised that is located on Parcel One and as presently designed is
for one building.
Councilman Davis asked if fire access and emergency
response access is provided for the area.
Mr. Wilson responded, "Yes, it is."
Councilman Davis, "Are buildings one and two in
construction now?"
Mr. Wilson responded, "No, building three is under
construction now. Buildings one and two are currently being
designed.
Mr. Wilson also advised that an additional condition
must be added which is identified in his memo dated February 21,
2001 and should read:
12. All abandoned wells on the subject site shall be
properly destroyed to City requirements.
It was moved by Gonzales, seconded by Davis, to close
the public hearing, the time being 5:43 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
City Council hereby determines that the project is consistent with
the General Plan as adopted by the City of Vernon. Motion
carried.
Page 5 of 19
City Council Meeting Minutes February 21, 2001
It was moved by Davis, seconded by McCormick, that the
City Council hereby determines that the project is categorically
exempt from CEQA under Section 15315 of the State CEQA Guidelines
(division of industrial property into four or fewer parcels).
Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the Director of Community
Services and Water, dated February 13, 2001, and all supporting
documents submitted as evidence during the Public Hearing, be
received and filed and Tentative Parcel Map No. 26031 be approved
with conditions one through eleven and the additional condition
added by Mr. Wilson on his memo dated February 21, 2001. Motion
carried.
The City Clerk announced that now was the time to open
the public hearing for a Conditional Use Permit for Pacific Poly
Plastics, Inc., to operate a recycled materials processing
facility at 3056 Bandini Blvd.
It was moved by Ybarra, seconded by Gonzales, to open
the public hearing for a Conditional Use Permit for Pacific Poly
Plastics, Inc., the time being 5:45 p.m. Motion carried.
The Director of Community Services and Water Kevin
Samuel Wilson addressed the City Council and gave a brief slide
presentation on the matter.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated February 13, 2001, was
presented, advising that Pacific Poly Plastics, Inc., has applied
for a conditional use permit to operate a recycled materials
processing facility at 3056 Bandini Boulevard in Vernon,
California.
Submitted herewith are the following supporting
documents:
1. Staff Report.
2. Request for conditional use permit and information
supporting the application.
3. Notice of Public Hearing, copies of notification letters
to owners and tenants in the area, and affidavits of posting and
mailing.
The project is categorically exempt from the
California Environmental Quality Act because it is an existing
facility with no expansion of use as defined in Section 15301. A
Notice of Exemption will be prepared. In my opinion the proposed
operation will pose no adverse effects to the City of Vernon and
will have no significant effects on the environment.
determine:
It is hereby recomanended that the City Council
Page 6 of 19
City Council Meeting Minutes
February 21, 2001
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.
3. That the project will not individually or cumulatively
have an adverse effect on wildlife resources.
It is further recommended that the conditional use
permit be granted subject to the following conditions:
a. The facility shall be operated in accordance with, and
made to conform with all current codes, rules,
regulations and subject to permit fees as adopted by
the City of Vernon.
b. Any hazardous substances used, handled or stored shall
have prior approval from the Vernon Fire and Health
Departments. A Health Permit shall be obtained if
there are reportable quantities of hazardous materials
on the site.
C. Servicing of vehicles including washing, steam
cleaning and repairing shall be performed in
facilities in compliance with appropriate codes.
d. In accordance with National Pollutant Discharge
Elimination System permit regulations, Pacific Poly
shall submit a Notice of Intent to the State Water
Resources Control Board and shall prepare a prevention
plan and monitoring program within the Board's time
limitations.
e. All processing and recycling operations shall take
place within the existing buildings. No equipment or
materials shall be stored outside with the exception
of pallets or materials stored within tankers or
trailers. Adequate written plans and materials must
be available for cleaning up leaks or spills of
plastic materials or other substances associated with
Pacific Poly's operation.
f. Broken or cracked sidewalk, curb, gutter or driveway
in Bandini Boulevard adjacent to the site shall be
repaired as directed by the Director of Community
Services and Water.
g. The entire site shall have a neat and clean appearance
and shall be kept free of dust, mud, weeds and trash.
The site and surrounding area shall be kept free of
all plastic materials associated with Pacific Poly's
operations including but not limited to raw materials,
recycled materials, finished product, pellets and
waste material.
h. Waste water generated by the plant operations must be
contained for proper disposal and shall not be
discharged onto the ground surface.
Page 7 of 19
City Council Meeting Minutes
February 21, 2001
i. The facility shall meet the requirements of any
regulations adopted pursuant to Public Resources Code,
Section 43209 and the requirements of any other
applicable sections of the California Integrated Waste
Management Act of 1989 (Public Resources Code, Section
40000, et. Seq.)
j. Pacific Poly shall obtain all required federal, state,
local, and regulatory agency permits prior to
operation. Prior to occupancy a business license and
occupancy permit shall be obtained.
k. Pacific Poly shall maintain records of all plastics
recycled at this facility that include the amount of
waste recycled and the name and location of the company
that produced it, so that it may be determined what
plastics are collected within the City of Vernon.
1. The proponent shall submit an annual report to the
Environmental Health Department on diversion and
disposal tonages.
M. All parking and loading facilities shall remain paved
with a hard durable surface material in good repair and
shall remain adequately drained and kept free of dust,
mud, trash and weeds. Where parking or maneuvering
areas adjoin the public street a barrier wall or
landscaping shall be installed and maintained to meet
City standards. Adequate on -site parking shall be
maintained so that no on -street parking will occur.
n. A system shall be established to drain the site to a
clarifier with a rain water diversion valve prior to
the discharge to the storm drain. The on -site storm
drain shall be protected from unauthorized discharge of
wastewater.
o. The building shall be repaired so as to prevent the
entrance of rodents.
The Mayor asked if there was anyone wishing to address
the City Council at this time.
There was no one wishing to address the City Council on
this matter.
It was moved by Davis, seconded by Ybarra, to close the
public hearing for a Conditional Use Permit for Pacific Poly
Plastics, Inc., the time being 5:48 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that the
communication from the Director of Community Services and Water,
dated February 13, 2001, and all supporting documents submitted as
evidence during the Public Hearing be received and filed and his
recommendation approved. Motion carried.
Page 8 of 19
City Council Meeting Minutes February 21, 2001
It was moved by Ybarra, seconded by Gonzales, 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 Davis, that the
City Council hereby determines that the project will not have a
significant effect on the environment. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
City Council hereby determines that the project will not
individually or cumulatively have an adverse effect on wildlife
resources. Motion carried.
RESOLUTION NO. 7709 - A Resolution Of The City Council Of
The City Of Vernon Granting A Conditional Use Permit To Pacific
Poly Plastics, Inc., For The Operation Of A Recycled Materials
Processing Facility At 3056 Bandini Boulevard In The City Of
Vernon, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7709 be approved and adopted. Motion carried.
The City Clerk announced that now it was the time to
open a public hearing for the purpose of obtaining testimony from
affected and/or interested persons regarding the 2000-2005 Housing
Element.
It was moved by Davis, seconded by Gonzales, to open a
public hearing for the purpose of obtaining testimony from
affected and/or interested persons regarding the 2000-2005 Housing
Element, the time being 5:50 p.m. Motion carried.
The Director of Community Services and Water Kevin
Samuel Wilson addressed the City Council and briefly summarized
this matter.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 14, 2001, was presented,
advising that staff of the Community Services and Water Department
in conjunction with our consultant, have developed the 2000-2005
Housing Element for the City of Vernon in accordance with State
Law and that has been approved by the State of California
Department of Housing and Community Development.
Based on significant constraints to residential development in
Vernon, the Southern California Association of Governments and The
Gateway Cities Council of Governments have approved a zero housing
need for Vernon for the 2000-2005 period. The Housing Element
analyzed 17 unimproved and underutilized sites within Vernon and
concluded that none of these sites were suitable for residential
development.
Herewith for review and consideration are the following supporting
documents:
• 2000-2005 Housing Element
• Notice of Intent to Adopt a Negative Declaration and
Confirmation of Delivery
Page 9 of 19
City Council Meeting Minutes
February 21, 2001
• Initial Study and Negative Declaration
• Notice of Public Hearing and Affidavit of Publishing
and Posting
It is hereby recommended that the City Council determine:
1. This project will not have a significant effect on
the environment.
2. That the project will not individually or
cumulatively have an adverse effect on wildlife
resources.
It is further recommended that a Negative Declaration be adopted,
that a Notice of Determination and a Deminimis Finding be filed
with the County Clerk and State Clearinghouse and that the 2000-
2005 Housing Element be approved.
The Mayor asked if there was anyone wishing to address
the City Council on this matter and/or if the City Council had any
questions from the Council.
There was no one wishing to address the City Council on
this matter and there were no questions from the Council.
It was moved by Davis, seconded by Ybarra, to close the
public hearing regarding the 2000-2005 Housing Element, the time
being 5:53 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Administrator, dated February 14,
2001, and all supporting documents submitted as evidence during
the Public Hearing be received and filed and his recommendation
approved. Motion carried.
It was moved by Ybarra, seconded by Davis, that the City
Council hereby determines that the project will not have a
significant effect on the environment. Motion carried.
It was moved by McCormick, seconded Gonzales, that the
City hereby determines that the project will not individually or
cumulatively have an adverse effect on wildlife resources. Motion
carried.
It was moved by Ybarra, seconded by Davis, that a
Negative Declaration be adopted, a Notice of Determination and a
Deminimis Finding be filed with the County Clerk and State
Clearinghouse, and that the 2000-2005 Housing Element be approved.
Motion carried.
RESOLUTION NO. 7711 - A Resolution Of The City
Council Of The City Of Vernon Approving And Adopting The Final
2000-2005 Housing Element Of The City Of Vernon And Repealing All
Resolutions In Conflict Herewith, was presented.
It was moved by Gonzales, seconded by McCormick that
Resolution No. 7711 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to
proceed with the appeal by Vernon Cold Storage.
Page 10 of 19
City Council Meeting Minutes February 21, 2001
It was moved by Ybarra, seconded by Gonzales, to proceed
with the appeal by Vernon Cold Storage, the time being 5:55 p.m.
Motion carried.
The Director of Community Services and Water Kevin
Samuel Wilson addressed the City Council, briefly summarized this
matter, and gave a brief slide presentation to the City Council.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 15, 2001, was presented,
advising that since the latter part of last year staff has been
meeting with representatives of Vernon Cold Storage LLC regarding
the building located at 4224 District Boulevard. Staff of the
Community Services Department determined that the building lacked
a sufficient number of exits. Appendix Chapter 34 of the 1997
Uniform Building Code and the 1998 California Building Code
Appendix Chapter 34 establishes the life safety requirements for
existing buildings. Section 3407.1 states, "Every floor above the
first story used for human occupancy shall have at least two means
of egress, one of which may be a fire escape." The six story
building located at 4224 District was constructed with only one
stairwell, henceforth, the owner of the building was directed to
have a second egress constructed within the building.
Representatives of the building owner are appealing staff's
determination.
Submitted herewith is:
1) City of Vernon's letter dated August 31, 2000,
determining that the building located at 4224
District Boulevard is dangerous and ordering the
construction of two second means of egress.
2) Allen, Matkins, Leck, Gamble & Mallory, LLP's
appeal letter dated September 27-, 2000.
3) City of Vernon's letter to Vernon Cold Storage
dated October 11, 2000, setting the hearing date
and time.
4) Allen, Matkins, Leck, Gamble & Mallory, LLP's
letter dated November 8, 2000 setting forth their
reason for appeal.
5) City staff report.
As a response to our concerns, the owner of the building has
agreed to provide the following within six months:
• A one hour fire resistive exit corridor from the
stairs to the lobby
• Provide an emergency escape mask on every forklift
truck in addition to the masks currently being
provided in each room
• Placement of audible and visual notification
appliances in every room on every floor when detection
of smoke or ammonia occur
• Mark and place railings in areas around the exit doors
to insure that the doors are accessible at all times
Page 11 of 19
City Council Meeting Minutes
February 21, 2001
• Provide and maintain insurance in the amount of
$20,000,000.00 for the life of the building and name
the City as an additional insured.
• The type of use of the building shall not be changed.
• The Owner shall execute a hold harmless agreement with
the City in a form approved by the City Attorney.
• The building shall be available at all times for City
inspection to determine continued compliance of all
conditions.
Furthermore, Section 104.2.8 of the 1997 Uniform Building Code
allows for alternate designs when approved by the building
official. Engineers on behalf of Vernon Cold Storage are
presenting an alternate design that allows for only one exit stair
well. It is hereby recommended that the alternate design be
approved and that the building not be considered dangerous. This
course of action shall be constructed as a temporary approval and
this matter be revisited by the City in five years to ensure that
the safeguards are sufficient. The City shall have the right to
inspect the location at all times to ensure that all the
provisions provided in the January 22, 2001 Dillon Consulting
Engineers' outline are being maintained. Failure to maintain any
of the provisions may void, at the City's discretion, this
alternate design approval.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
Patrick Perry addressed the City Council on behalf of
Vernon Cold Storage. He asked the City Council to support the
recommendation of Mr. Wilson.
City Attorney Eduardo Olivo asked, "Is your client in
agreement with the conditions?"
Mr. Perry, "Yes, I have discussed this with them and
they are in agreement."
City Attorney, " The indemnification agreement will be
prepared by my office. How long will it take you to execute it?"
Mr. Perry, "We should be able to get it back to you
within a week."
City Attorney, "How long will it take to make the
necessary changes that have been agreed to?"
Mr. Perry, "A few months, in some cases it may be
sooner."
City Attorney, "When can the additional insurance be
taken care of?"
Page 12 of 19
City Council Meeting Minutes February 21, 2001
Mr. Perry, "I am not definite, but the insurance papers
should be available in a couple of weeks."
It was moved by McCormick, seconded by Davis, to
conclude the appeal of Vernon Cold Storage before the City
Council, the time being 6:05 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated February 15, 2001, and all supporting documents
submitted as evidence during the appeal be received and filed and
the alternate design of the interior of the building be approved
and the building no longer be considered dangerous with the
adherence to the conditions. Motion carried.
RESOLUTION NO. 7666 - A Resolution Of The City
Council Of The City Of Vernon Making Findings In Support Of The
Granting Of An Appeal by Vernon Cold Storage LLC Concerning
Abatement Of Dangerous Building Conditions At 4224 District
Boulevard, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7666 be approved and adopted. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated January 30, 2001, was
presented, requesting authority and funds for himself to attend
the League of California Cities Public Works Officers Institute
Conference at Monterey on March 7th thru 9th, 2001, with an expense
allowance of $944.44.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Samuel Kevin Wilson to attend
the aforementioned conference with an expense allowance of
$944.44. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
January 31, 2001, was presented, requesting authority and funds
for Police Captain Solomon Benudiz to attend the Stalking Training
Conference at San Diego on March 218t thru 23rd, 2001, with an
expense allowance of $713.50.
It was moved by McCormick, seconded by Ybarra, that
authority and funds be granted for Solomon Benudiz to attend the
aforementioned conference with an expense allowance of $713.50.
Motion carried.
Communication from Bruce Olson, Chief of Police, dated
February 6, 2001, was presented, requesting authority and funds
for the below listed police personnel to attend the Pitchess
Review Class at San Bernardino on March 7th, 2001, with an expense
allowance of $170.16, of which POST will reimburse $168.16, each.
• Theresa Nicholas, Records Manager
• Elizabeth Sawickis, Assistant Records Manager
Page 13 of 19
City Council Meeting Minutes February 21, 2001
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for the above listed police
personnel to attend the aforementioned class with an expense
allowance of $170.16 of which POST will reimburse $168.16 for
each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
February 1, 2001, was presented, requesting authority and funds
for Police Lieutenant Michael Gillman to attend the Leadership and
Accountability for Management Staff Seminar at Huntington Beach on
March 20th and 21st, 2001, with an expense allowance of $309.08, of
which POST will reimburse $305.08.
It was moved by Davis, seconded by McCormick, that
authority and funds be granted for Michael Gillman to attend the
aforementioned seminar with an expense allowance of $309.08 of
which POST will reimburse $305.08. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
February 1, 2001, was presented, requesting authority and funds
for Police Lieutenant James Wohlt to attend the Response to
Weapons of Mass Destruction Seminar at Whittier on March 28th and
29th, 2001, with an expense allowance of $35.00.
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be granted for James Wohlt to attend the
aforementioned seminar with an expense allowance of $35.00.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 23, 2001, was presented,
requesting authority and funds for Personnel Clerk Cindy Calzada
to attend the How to Manage Multiple Projects and Meet Deadlines
Seminar at Los Angeles on March 29th, 2001, with an expense
allowance of $176.75.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be granted for Cindy Calzada to attend the
aforementioned seminar with an expense allowance of $176.75.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 23, 2001, was presented,
requesting authority and funds for the below listed personnel to
attend the How to Manage Multiple Projects and Meet Deadlines
Seminar at Fullerton on March 23rd, 2001, with an expense allowance
of $190.75, each.
• Manuela Giron, Deputy City Clerk
• Marisol Trujillo, Secretary Trainee
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for the above listed personnel to
attend the aforementioned seminar with an expense allowance of
$190.75 each. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated February 14, 2001, was
presented, transmitting a fully executed Grant Deed from Bloom
Family Partnership. The Grant Deed is for a 40 foot strip of
Page 14 of 19
City Council Meeting Minutes February 21, 2001
land, 7964.8 square feet in size adjacent to 5500 Soto Street
between Slauson Avenue and 57th Street in the City of Vernon. The
property 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 execute same.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water, dated February 14, 2001, be received and filed
and his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 14, 2001, was presented,
advising that the City has previously received a Grant in the
amount of $8,433.00 from the State of California, Office of
Criminal Justice Planning through the Juvenile Accountability
Incentive Block Grant (JAIBG) Program. The grant was to be used
for matters relating to the suppression of juvenile delinquency.
This Council approved reallocating those funds to the LADA's
Office for the use in suppressing juvenile delinquency.
The City's Grant allocation this year is $8,355.00, and it is
hereby recommended that the City, again, reallocate the funds to
the LADA's Office.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated February 14, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7707 - A Resolution Of The City
Council Of The City Of Vernon Approving And Ratifying The
Execution Of A Waiver For Year Three Of The Juvenile
Accountability Incentive Block Grant Program, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7707 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated February 15, 2001, was presented, transmitting
the Agenda for the Adjourned Regular Personnel Committee Meeting
to be held February 20, 2001 for approval of the recommendations
contained therein.
It was moved by Ybarra, seconded by Davis, that the
recommendations listed on the Agenda for the Adjourned Regular
Personnel Committee Meeting held February 20, 2001 be approved.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated February 15, 2001, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting to be
held February 20, 2001 for approval of the recommendations
contained therein.
It was moved by McCormick, seconded by Gonzales, that
the recommendations listed on the Agenda for the Adjourned Regular
Finance Committee Meeting held February 20, 2001 be approved.
Motion carried.
Page 15 of 19
City Council Meeting Minutes February 21, 2001
RESOLUTION NO. 7708 - A Resolution Of The City Council
Of The City Of Vernon Amending Resolution No. 7475 Which Approved
The Annual Statement Of Investment Policy Of The City And
Delegated Investment Authority To The City Treasurer, was
presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7708 be approved and adopted. Motion carried.
RESOLUTION NO. 7714 - 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 Thomas J. Langan, An Individual
Doing Business As WTL Trading, For Risk Management Services And
Assistance In The Implementation Of The City's Resource
Procurement Plan And Credit Risk Management Policy, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7714 be approved and adopted. Motion carried.
RESOLUTION NO. 7713 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing Notice Inviting
Sealed Proposals Or Bids For The Purchase Of One Backup Power
System For Well No. 19, was presented.
It was moved by Ybarra, seconded by McCormick that
Resolution No. 7713 be approved and adopted. Motion carried.
RESOLUTION NO. 7712 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
Amendment No. 13 To Administrative Services Agreement (GUSI-2RO4
And GUSI-2RO5) By And Between The City Of Vernon And United Of
Omaha Life Insurance Company, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7712 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 1059 covering claims and demands
presented during the period of February 2nd, thru February 15th,
2001, drawn on Wells Fargo Bank totaling $1,423,545.45, which
includes Utility demands and check Nos. as listed below:
(Accounting period February, 2001):
81950
81955
81962
81963
81964
81968
81970
81975
81976
81977
81982
82008
82018
82019
82022
82023
82026
82027
82038
82040
82042
82058
82060
82061
82071
82072
82075
82076
82077
82082
82083
82092
82100
82115
82119
82126
82127
82129
82136
82139
82140
82155
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1059 be approved and payment authorized for
Utility claims and demands totaling $1,423,545.45. 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.
WARRANT REGISTER NO. 1059 covering claims and demands
presented during the period of February 2nd, thru February 15tn,
2001, drawn on Wells Fargo Bank totaling $384,371.75, and includes
check Nos. 81949 thru 82156 (inclusive), excluding Utility demands
Page 16 of 19
City Council Meeting Minutes February 21, 2001
and Voided checks Nos. 81999 thru 82004. (Accounting period
February, 2001).
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 1059 be approved and payment authorized for claims
and demands and voided checks as listed above. Motion carried.
PAYROLL WARRANT REGISTER NO. 536 covering claims and
demands presented during the period of December 17th, 2000, thru
January 17th, 2001, drawn on Wells Fargo Bank totaling
$1,769,440.79 which includes demand Nos. 6949 thru 6989
(inclusive). (Accounting period January, 2001).
It was moved by McCormick, seconded by Gonzales, that
Payroll Warrant Register No. 536 be approved and payment
authorized for claims and demands totaling $1,769,440.79. Motion
carried.
RESOLUTION NO. 7710 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Consulting Services Agreement By And Between The City Of Vernon
And Charles Montoya Relating To The Development Of Generation
Projects In The City, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7710 be approved and adopted. Motion carried.
The Mayor called a short recess at 6:35 p.m. The City
Council reconvened in Regular Session at 6:40 p.m., all members
present before the recess again being present.
The City Clerk advised that there were no items to be
discussed in closed session on Item No. 1.
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
It was moved by Ybarra, seconded by Davis, that the City
Council go into closed session on Item Nos. 2 and 3, the time
being 6:45 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Clerk, City Attorney, Chief Deputy City
Clerk and Deputy City Clerk.
The Mayor ordered all communications to and from the
closed session deemed privileged and confidential.
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL -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);
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City Council Meeting Minutes
February 21, 2001
(c) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO
Unassigned;
(d) David Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(e) Vernon v. All Persons LASC No. BC 222145;
(f) Cal Compact Landfill Site, Carson, California; EPA No.
Unassigned;
(g) Vernon v. Regional Water Quality Control Board; Nos. A-
1280, A1280(a) and A-1280(b);
(h) Arnold Klein dba AMRO Industries v. City of Vernon,
Kevin Wilson, Jerry Schreiber, et al., LASC No. BC
226167;
(i) City of Torrance, et al v. State Compensation Insurance
Fund, Case Number Unknown;
(j) Mark A Suarez v New Matic Construction etc., et al.,
LASC No. BC 228903;
(k) Paveco Construction, Inc. v. Valley Engineers, Inc., et
al., LASC Case No. BC 236933;
(1) Kelly Pipe Co., etc. v. Valley Engineers, Inc., etc., et
al; Valley Engineers, Inc. etc. v. City of Vernon, etc.
et al., LASC Case No. BC 227815;
(m) Alameda Corridor Transportation Authority, etc. v. City
of Vernon, etc., et al., LASC Case No. BC 238846 cons.
with City of Vernon v. Alameda Corridor Transp. Auth.,
LASC Case No. BC 238841;
(n) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98-
3760 (ISO); FERC Docket No. EL00-58-000 (ISO); FERC
Docket No. ER00-2019-000 (ISO); FERC Docket No. EL00-105
(ISO); FERC Docket No. ELO1-14-000 (Vernon v. ISO); FERC
Docket No. EC01-14 (ISO); FERC Docket No. ERO1-313
(ISO); FERC Docket No. ER01-315 (SCE/ISO); FERC Docket
No. ERO1-724 (ISO)
(o) The Burlington Northern and Santa Fe Railway Company v.
City of Vernon; USDC No. City of Vernon-00-12891 NM;
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code § 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case(s).
It was moved by Ybarra, seconded by Davis, that the City
Council go out of closed session on Item Nos. 2 and 3 and resume
regular session, the time being 6:50 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that: 1) the
City Attorney's actions in responding to the complaint filed by
the City of Corona for validation of its actions in the matter
entitled City of Corona v. All Persons Interested, et al., RSC
Case No. 351283, are hereby ratified; 2) the City enter into and
approve the Agreement for Legal Services with the law firm of
McDonough, Holland & Allen. Motion carried.
Page 18 of 19
City Council Meeting Minutes
February 21, 2001
There being no further business to come before the City
Council at this time, it was moved by McCormick, seconded by
Davis, that the meeting adjourn. Motion carried.
ATTEST:
v
Bruce V. Malkenhorst
City Clerk
eonis C. Malourg
ayor
Page 19 of 19