20010307 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MARCH 7,
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 Gonzales, seconded by Ybarra, that the
Minutes of the City Council Meeting held February 21, 2001 be
deferred to the next City Council Meeting to be held March 21, 2001.
Motion carried.
The City Clerk announced that now was the time to present
the Service Pins.
The Mayor presented a Service Pin to Environmental Health
Inspector Leonard Grossberg for 10-Years of Service and extended
congratulations on behalf of the entire City Council.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 28, 2001, was presented,
advising that Kenneth J. DeDario, Director of Utilities, has
selected the below listed personnel to receive the Utilities
Department's Annual Level I, 2001-Spirits Award based on their
Superior Performance during the past 12-months.
• Antonio Lopez, Jr., Electronics Technician
• Jose Pereyra, Systems Coordinator II
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City Clerk,
dated February 28, 2001, be received and filed and his
recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 28, 2001, was presented,
advising that Samuel Kevin Wilson, Director of Community Services
and Water has selected Juan Arellano, Utilityman II, to receive the
Community Services and Water Department's Annual Level I, 2001-
Spirits Award based on his Superior Performance during the past 12-
months.
It was moved by McCormick, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City Clerk,
dated February 28, 2001, be received and filed and his
recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 1, 2001, was presented,
advising that the Police Department has recently adopted a program
in which police officers are awarded "merit" bars to be worn on
their uniforms for outstanding performance.
City Council Meeting Minutes March 7, 2001
At this time, it is hereby recommended that a "merit" bar be awarded
to Police Officer Lorenzo Gaytan in recognition of outstanding
performance in apprehending multiple robbery suspects on January
21st, 2001.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City Clerk
be received and filed and his recommendation approved. Motion
carried.
The Chief of Police advised the City Council why Police
Officer Gaytan was selected to receive the award.
The Mayor presented Officer Gaytan with his "merit" bar
and extended congratulations on behalf of the entire City Council.
Police Department Activity Log for the period February
16th, thru 28th, 2001, was presented.
It was moved by Davis, seconded by Gonzales, that Police
Department Activity Log for the period February 16th, thru 28th,
2001, be received and filed. Motion carried.
Fire Department Activity Report for the period February
16th, thru 28th, 2001, was presented.
It was moved by Ybarra, seconded by McCormick, that the
Fire Department Activity Report for the period February 16th, thru
28th, 2001, be received and filed. Motion carried.
The City Clerk announced that now was the time for anyone
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 in the audience who
wished to address the Council.
There was no one wishing to address the City Council at
this time.
Communication from Bruce Olson, Police Chief, dated
February 6, 2001, was presented, requesting authority and funds for
Sergeant Rex Hill, to attend the Supervisory Course at Whittier on
March 12th thru 23rd, 2001, with an expense allowance of $238.40.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be granted for Rex Hill to attend the
aforementioned course with an expense allowance of $238.40. Motion
carried.
Communication from Bruce Olson, Police Chief, dated
February 13, 2001, was presented, requesting authority and funds for
the below listed police personnel to attend the Career
Ethics/Integrity Seminar at Ontario on March 23rd, 2001, with an
expense allowance of $136.00 each.
• Jerry Chavez
• Daniel Santos
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City Council Meeting Minutes March 7, 2001
It was moved by Davis, seconded by Ybarra, that authority
and funds be granted for the above listed police personnel to attend
the aforementioned seminar with an expense allowance of $136.00
each. Motion carried.
Communication from Kenneth DeDario, Director of Utilities,
dated February 20, 2001, was presented, requesting authority and
funds for Information Systems Specialist Jose Ortiz, to attend the
World Class Website Workshop at Pasadena on March 30th, 2001, with
an expense allowance of $227.25.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be granted for Jose Ortiz to attend the
aforementioned workshop with an expense allowance of $227.25.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 26, 2001, was presented,
requesting authority and funds for Personnel Clerk Cindy Calzada, to
attend the Mistake -Free Grammar and Proofreading Workshop at
Pasadena on April 4th, 2001, with an expense allowance of $143.25.
It was moved by McCormick, seconded by Davis, that
authority and funds be granted for Cindy Calzada to attend the
aforementioned workshop with an expense allowance of $143.25.
Motion carried.
Communication from Steve Parker, Fire Chief, dated
February 27, 2001, was presented, requesting authority and funds for
the below listed fire personnel to attend the Fire Control 4A & 4B
Live Fire Training at Corona on March 29th, 2001, with an expense
allowance of $100.00 each.
• Greg Galvan, Firefighter
• Todd Hewett, Fire Captain
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be granted for the above listed fire personnel
to attend the aforementioned training with an expense allowance of
$100.00 each. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 1, 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 Long Beach on March 28th, 2001, with an expense allowance
of $169.00, each.
• Luis Reynoso, Utilityman I
• Andrew Thompson, Utilityman II
It was moved by Davis, seconded by Ybarra, that authority
and funds be granted for the above listed personnel to attend the
aforementioned seminar with an expense allowance of $169.00 each.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 8, 2001, was presented,
advising that the Federal Highway Administration (FHWA) is
requesting that all recipients of (FHWA) funds adopt a Disadvantage
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City Council Meeting Minutes
March 7, 2001
Business Enterprises (DBE) Program to establish their own DBE goals
before any funding can be released. On December 6, 2000, Caltrans
approved the DBE program submitted by the Community Services and
Water Department.
Submitted herewith for the record is a proof of publication of the
Notice of Publication and it is hereby recommended that the City of
Vernon's DBE program be approved and adopted.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned communication from the City Administrator/City Clerk,
dated January 8, 2001, be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7717 - A Resolution Of The City Council Of
The City Of Vernon Approving And Adopting A Disadvantaged Business
Enterprise Program Pursuant To Part 26 Of Title 49 Of The Code Of
Federal Regulations, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7717 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 1, 2001, was presented,
advising that Resolution No. 7691 authorized the Purchasing Section
to seek formal bids for the purchase of four (4) 16Kv Outdoor
Circuit Breakers. Bid No. 1404 was opened February 13, 2001 with
the following results:
1. Alstom c/o McAvoy & Markham
2. ABB c/o Wesco
3. S & C Electric Co.,
$ 80,926.00
$ 87,312.00
$128,760.00
The Utilities Department has completed the evaluation of the bids
based on proposed specifications and cost. It is hereby recommended
that the bid be awarded to ABB c/o Wesco, who has met all the bid
specifications at the lowest cost in the amount of $87,312.00
excluding sales tax.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned communication from the City Administrator/City Clerk,
dated March 1, 2001, be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7720 - A Resolution Of The City Council Of
The City Of Vernon Accepting The Bid Of Wesco Distribution, Inc. On
Bid No. 1404 For The Purchase Of Four 16kV Outdoor Circuit Breakers
For The Utilities Department And Approving And Authorizing The
Execution Of An Equipment Purchase Contract And The Issuance Of A
Purchase Order Respecting Said Bid, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7720 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 1, 2001, was presented,
advising that Resolution No. 7690 authorized the Purchasing Section
to seek formal bids for the purchase of six (6) 66Kv Outdoor SF6
Circuit Breakers. Bid No. 1405 was opened February 13, 2001 with
the following results:
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City Council Meeting Minutes
1. Alstom USA, Inc. $182,880.00
2. Wesco $237,053.28
3. Ingalls Power Products No Bid
The Utilities Department has completed the evaluation
based on proposed features and cost and it is hereby
that the bid be awarded to the lowest bidder, Alstom
the amount of $182,880.00 excluding sales tax.
March 7, 2001
of the bids
recommended
USA, Inc., in
It was moved by Ybarra, seconded by McCormick, that the
aforementioned communication from the City Administrator/City Clerk,
dated March 1, 2001, be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7721 - A Resolution Of The City Council Of
The City Of Vernon Accepting The Bid Of Alstom USA Inc. On Bid No.
1405 For The Purchase Of Six 66kv Outdoor SF6 Circuit Breakers For
The Utilities Department And Approving And Authorizing The Execution
Of An Equipment Purchase Contract And The Issuance Of A Purchase
Order Respecting Said Bid, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7721 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 1, 2001, was presented,
advising that the City of Bell is proposing to resurface Bandini
Boulevard within their city limits and it has been requested that
Bell consider including the portion of Bandini Boulevard that has
been recently annexed by the City of Vernon. The City of Bell has
agreed and will include the work as an alternative bid. The
approximate cost for the project is $100,000 including design,
survey, contract administration, inspection costs, and the actual
bid cost for the improvements.
There are sufficient funds in the City's Capital Improvement budget
to cover this project and it is hereby recommended that an agreement
be entered into By and Between the City Bell and the City of Vernon
for the resurfacing of a portion of Bandini Boulevard.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City Clerk,
dated March 1, 2001, be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7719 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of An
Agreement To Resurface Bandini Boulevard By And Between The City Of
Vernon And The City Of Bell, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7719 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 1, 2001, was presented,
advising that the City of Vernon approved an agreement with the
Sandberg Family LLC for a Community Development Block Grant (CDBG)
Infrastructure Loan Agreement in 1999. Since that time the personal
guarantor, William H. Sandberg, has passed away and in order to
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City Council Meeting Minutes March 7, 2001
provide the City with continued security it was recommended that
Sandberg be required to provide another personal guarantor. An
amendment to the original agreement was executed in February of this
year that named John A. Sandberg as the guarantor.
It is hereby recommended that the Loan Escrow Instructions dated
February 14, 2001 be approved and executed.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City Clerk,
dated March 1, 2001, be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7718 - A Resolution Of The City Council Of
The City Of Vernon Approving And Authorizing The Execution Of Loan
Escrow Instructions Dated February 14, 2001, Superseding Those
Instructions Dated November 2, 2000, Respecting A State Community
Development Block Grant (CDBG) Loan To Sandberg Family LLC, was
presented .
It was moved by McCormick, seconded by Davis, that
Resolution No. 7718 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 1, 2001, was presented,
advising that City records indicate that Well 15 was constructed in
October of 1966. Recently, Well 15 has decreased its production
capacity and upon an inspection conducted by Layne Christensen it
was determined that the entire pump unit needs replacement. A video
log was also obtained to determine the condition of the shaft.
Several firms specializing in well repair have viewed the video log
and it is a consensus that full rehabilitation of the well is
necessary. Because of the limited availability of drilling firms
with the technical knowledge to undertake this project, it is hereby
recommended that the City retain the services of Layne Christensen
based on their experience to perform the rehabilitation of Well 15
at a cost of $222,133.00.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City Clerk,
dated March 1, 2001 be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7716 - 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 Layne Christensen Company For Rehabilitation Of
Well No. 15, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7716 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 1, 2001, was presented,
advising that this legislative body previously authorized the
Purchasing Department, through Resolution No. 7645, to seek bids for
the purchase of two vehicles for the Police Department. The State
of California Department of General Services Procurement Division
has issued a contract to various dealerships and municipalities are
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City Council Meeting Minutes
March 7, 2001
invited to piggyback onto their contract at a fee of 1% cost of the
vehicle excluding taxes.
A Dodge Intrepid Sedan will be purchased from Del Amo Dodge at an
approximate cost of $19,982.70 including the specifications needed
by the Police Department, and excluding tax.
A GMC Safari will be purchased from Lasher Auto Center at an
approximate cost of $17,648.00 excluding sales tax.
Both of the dealerships offer a $500.00 discount net 20 days. It is
hereby recommended that the vehicles be purchased at their
respective cost.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City Clerk,
dated March 1, 2001 be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7723 - A Resolution Of The City Council Of
The City Of Vernon Authorizing The Purchase Of One Dodge Intrepid
Sedan And One GMC Safari By Joining On The State Of California,
Department Of General Services, Procurement Division Contract No. 1-
01-23-10-01 Awarded To Del Amo Dodge and Lasher Auto Center, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7723 be approved and adopted. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 1, 2001, was presented,
transmitting for consideration Contract No. 560, Vernon Avenue
Resurfacing. It is hereby recommended that the contract be approved,
and authority be granted to seek formal bids.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Community Services
and Water, dated March 1, 2001 be received and filed and his
recommendation approved. Motion carried.
Resolution No. 7722 - A Resolution Of The City Council Of
The City Of Vernon Approving Contract No. 560 Of The City Of Vernon
For Vernon Avenue Resurfacing And Authorizing Notice Inviting Sealed
Proposals Or Bids In Accordance Therewith, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7722 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 1, 2001, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting held
March 6, 2001 for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by McCormick, that the
recommendations on the March 6, 2001 Adjourned Regular Personnel
Committee Meeting Agenda be approved. Motion carried.
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City Council Meeting Minutes March 7, 2001
Communication from Bruce V. Malkenhorst, Director of
Finance, dated March 1, 2001, was presented, transmitting the Agenda
for the Adjourned Finance Committee Meeting held March 6, 2001 for
approval of the recommendations contained therein.
It was moved by Davis, seconded by Gonzales, that the
recommendations on the March 6, 2001 Adjourned Regular Finance
Committee Meeting Agenda be approved. Motion carried.
RESOLUTION NO. 7715 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of An
Equipment Purchase Contract By And Between The City Of Vernon And
Econolite Control Products, Inc. For Video Detection System To
Implement Traffic Synchronization Project, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7715 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 1060 covering claims and demands
presented during the period of February 16th, 2001, thru March 1st,
2001, drawn on Wells Fargo Bank totaling $757,031.22, and includes
check Nos. 82157 thru 82392 (inclusive), excluding Utility demands
and voided checks Nos. listed below. (Accounting period March,
2001) .
82185 82236 82238 82239 82240 82241
82242 82243 82341
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 1060 be approved and payment authorized for claims and
demands totaling $757,031.22, excluding Utility demands and voided
checks as listed above (accounting period, March 2001). Motion
carried.
WARRANT REGISTER NO. 1060 covering claims and demands
presented during the period of February 16th, 2001, thru March 1st,
2001, drawn on Wells Fargo Bank totaling $7,612,223.75, which
includes Utility demands and check Nos. as listed below: (Accounting
period March, 2001):
82158
82160
82161
82167
82171
82174
82175
82179
82182
82183
82214
82217
82218
82219
82223
82224
82225
82229
82237
82254
82259
82273
82276
82303
82304
82307
82311
82315
82328
82338
82342
82343
82345
82350
82364
82366
28373
82381
82386
82387
82389
It was
moved by
Gonzales,
seconded by McCormick, that
Warrant
Register
No. 1060
be approved
and payment
authorized for
Utility
claims and demands
totaling
$7,612,223.75.
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 short recess at 5:40 p.m. The City
Council reconvened in Regular Session at 5:42 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 No. 1.
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City Council Meeting Minutes
March 7, 2001
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 Gonzales, seconded by Davis, that the City
Council go into closed session on Item Nos. 2 and 3, the time being
5:43 p.m. Motion carried.
All persons were excused from closed session with the
exception of the Chief Deputy City Clerk, Deputy City Clerk, City
Clerk, and City Attorney.
The Mayor ordered all communications to and from 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);
(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. ERO1-315 (SCE/ISO); FERC Docket No. ERO1-724 (ISO)
(o) The Burlington Northern and Santa Fe Railway Company v.
City of Vernon; USDC No. CV-00-12891 NM;
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City Council Meeting Minutes March 7, 2001
(p) Sterling Davis v. City of Vernon, et al., USDC No. CV-01-
01602 DDP;
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: Two (2) potential case(s).
It was moved by McCormick, seconded by Ybarra, that the
City Council go out of closed session on Item Nos. 2 and 3 and
resume regular session, the time being 5:51 p.m. Motion carried.
RESOLUTION NO. 7724 - A Resolution Of The City Council Of
The City Of Vernon Approving And Authorizing The Execution Of A
Letter Agreement By And Between The City Of Vernon And The Law Firm
Of Rutan & Tucker, LLP To Contest The Actions Of The Los Angeles
Regional Water Quality Control Board, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7724 be approved and adopted. Motion carried.
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:
Bruce V. Malkenhorst
City Clerk
eonis C. Malbu g
ayor
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