20010321 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MARCH 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, Gonzales, McCormick
MEMBERS ABSENT: Davis
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by McCormick, that the
Minutes of the City Council Meeting held February 21, 2001, be
approved and adopted as submitted. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
Minutes of the City Council Meeting held March 7, 2001, be
approved and adopted as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 14, 2001, was presented,
advising that the below listed employees qualified in the month of
February, 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/Years
O1/02/96 Maria Alway Police Dispatcher 3
08/14/89 Ruben Herrera Utilityman III 9
03/02/81 Gloria Orosco Chief Deputy City Clerk 16
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.
09/28/86 Gerald Chavez
02/01/99 Gregory Lynch
08/17/87 Stephen Agon
11/02/92 Douglas Barker
02/23/98 Maria Gonzales
02/17/98 Antonio Lopez
05/12/80 Fernando Weathers
02/26/90 John Doersam
Utilityman II
2
Police Dispatcher
2
Fire Captain
3
Firefighter
3
Police Transcriber/
Typist
3
Electronics Technician
3
Utilityman I
3
Firefighter
11
The Mayor called a short recess at 5:08 p.m. The City
Council reconvened at 5:10 p.m., all members present before the
recess again being present.
Police Department Activity Log for the period March 1st
thru 15th, 2001, was presented.
City Council Meeting Minutes
March 21, 2001
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period March lst thru
15th, 2001, be received and filed. Motion carried.
Fire Department Activity Report for the period March 1st
thru 15th, 2001, was presented.
It was moved by Ybarra, seconded by McCormick, that the
Fire Department Activity Report for the period March 1st thru 15tn�
2001, be received and filed. Motion carried.
Risk Management Report for the month of February, 2001,
was presented.
It was moved by McCormick, seconded by Gonzales, that
the Risk Management Report for the month of February, 2001, be
received and filed. Motion carried.
Health Department Report for the month of February,
2001, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Health Department Report for the month of February, 2001, be
received and filed. Motion carried.
The City Clerk announced 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 in the audience who
wished to address the City Council.
There was no one wishing to address the City Council at
this time.
The City Clerk advised that now was the time to open the
public hearing for a Conditional Use Permit for United-S-Transfer
to operate a truck and freight terminal at 2043 Ross Street in the
City of Vernon.
It was moved by Ybarra, seconded by Gonzales, to open
the public hearing for a Conditional Use Permit for United-S-
Transfer to operate a truck and freight terminal at 2043 Ross
Street in the City of Vernon, the time being 5:11 p.m. Motion
carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 14, 2001, was presented,
advising that United-S-Transfer has applied for a conditional use
permit to operate a truck and freight terminal at 2043 Ross Street
in Vernon, California.
Page 2 of 18
City Council Meeting Minutes
documents:
March 21, 2001
Submitted herewith are the following supporting
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.
It is hereby recommuended 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.
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. All
trucking operations, including truck and trailer parking, shall be
limited to the lot located at 2043 Ross Street in the City of
Vernon.
b. The owner of the property shall provide to the City
of Vernon a utility easement for the overhead power lines which
are located on the property in a form and manner subject to
approval of the Director of Community Services and Water.
c. All parking and loading facilities shall be paved
with a hard durable surface material and shall be 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
on -street parking does not occur.
d. Servicing of vehicles including washing, steam
cleaning and repairing shall not be performed on the facility
unless conducted in compliance with appropriate codes, rules and
regulations.
Page 3 of 18
City Council Meeting Minutes March 21, 2001
e. A National Pollutant Discharge Elimination System
Permit shall be obtained from the California State Board of Water
Resources, if required.
f. Equipment or freight shall not be stored on the site,
other than in buildings, trailers or on the docks.
g. Adequate plans and materials must be available for
handling leaks or spills from vehicles during storage or
transportation.
h. 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.
i. A hazardous materials inventory and
business/contingency plan shall be submitted and a hazardous
materials permit shall be obtained from the City of Vernon Health
Department. Hazardous materials/waste shall be handled and
managed in compliance with all appropriate federal, state, and
local laws.
j. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances. The
property shall be provided with adequate refuse containers and
refuse disposal service.
k. The facility's building shall be structurally
maintained to exclude rodents and the property shall be maintained
rodent free.
1. The facility shall be operated in a manner which will
not impede traffic on Ross Street.
m. All existing cracked sidewalk, curb and gutter
adjacent to the site in Ross Street shall be repaired and
maintained to meet City Standards.
n. The site shall not generate more than 50 truck trips
(25 inbound and 25 outbound) and 50 automobile trips (25 inbound
and 25 outbound) per day.
o. Any change in ownership or occupancy at 2043 Ross
Street will require a new conditional use permit.
The Mayor asked, "Is this northeast of 37th Street?"
Director of Community Services and Water responded,
"Yes, it is northeast. It is on the north side of Ross.
The Mayor asked if there were any questions or comments.
There were no questions or comments.
It was moved by Gonzales, seconded by Ybarra, to close
the public hearing, the time being 5:17 p.m. Motion carried.
Page 4 of 18
City Council Meeting Minutes
March 21, 2001
It was moved by Gonzales, seconded by McCormick, that
the communication from the Director of Community Services and
Water, dated March 14, 2001, and all supporting documents
submitted as evidence during the public hearing be received and
filed. 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.
It was moved by McCormick, seconded by Gonzales, that
the City Council hereby determines that the project will not have
a significant effect on the environment. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
City Council hereby determines that the project will not
individually or cumulatively have an adverse effect on wildlife
resources. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
Conditional Use Permit be granted subject to the conditions stated
on the communication from the Director of Community Services and
Water, dated March 14, 2001. Motion carried.
RESOLUTION NO. 7726 - A Resolution Of The City Council
Of The City Of Vernon Granting A Conditional Use Permit To United-
S- Transfer For The Operation Of A Trucking And Freight Terminal
At 2043 Ross Street, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7726 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the public hearing for a Conditional Use Permit for Hernandez
Trucking to operate a truck and freight terminal at 2901 Sunol
Drive.
It was moved by Gonzales, seconded by McCormick, to open
the public hearing for a Conditional Use Permit for Hernandez
Trucking to operate a truck and freight terminal at 2901 Sunol
Drive, the time being 5:19 p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 14, 2001, was presented,
advising that Hernandez Trucking has applied for a conditional use
permit to operate a truck and freight terminal at 2901 Sunol Drive
in Vernon, California.
Submitted herewith are the following supporting
documents:
1. Staff Report.
2. Request for conditional use permit and information
supporting the application.
Page 5 of 18
City Council Meeting Minutes March 21, 2001
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.
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.
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. All
trucking operations, including truck and trailer parking, shall be
limited to the lot located at 2901 Sunol Drive in the City of
Vernon.
b. All parking and loading facilities shall be paved with
a hard durable surface material and shall be 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.
C. Servicing of vehicles including washing, steam
cleaning and repairing shall not be performed on the facility
unless conducted in compliance with appropriate codes, rules, and
regulations.
d. A National Pollutant Discharge Elimination System
Permit shall be obtained from the California State Board of Water
Resources, if required.
e. Equipment or freight shall not be stored on the site,
other than in buildings, trailers or on the docks.
f. Adequate plans and materials must be available for
handling leaks or spills from vehicles during storage or
transportation.
Page 6 of 18
City Council Meeting Minutes
March 21, 2001
g. 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.
h. A hazardous materials inventory and business/contingency
plan shall be submitted and a hazardous materials permit shall be
obtained from the City of Vernon Health Department. Hazardous
materials/waste shall be handled and managed in compliance with
all appropriate federal, state and local laws.
i. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances. The
property shall be provided with adequate refuse containers and
refuse disposal service.
j. The facility's building shall be structurally
maintained to exclude rodents and the property shall be maintained
rodent free.
k. The facility shall be operated in a manner which will
not impede traffic on Sunol Drive or Ayers Avenue.
1. All existing cracked sidewalk, curb and gutter adjacent
to the site in Sunol Drive shall be repaired and maintained to
meet City Standards.
M. The site shall not generate more than 20 truck trips
(10 inbound and 10 outbound) and 20 automobile trips (10 inbound
and 10 outbound) per day.
n. Any change in ownership or occupancy at 2901 Sunol
Drive will require a new conditional use permit.
The Mayor asked if there were any questions or comments
at this time.
There were no questions or comments.
It was moved by Ybarra, seconded by Gonzales, to close
the public hearing for a Conditional Use Permit for Hernandez
Trucking, the time being 5:24 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that the
Communication from the Director of Community Services and Water,
dated March 14, 2001, and all supporting documents submitted as
evidence during the public hearing be received and filed. 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.
It was moved by McCormick, seconded by Ybarra, that the
City Council hereby determines that the project will not have a
significant effect on the environment. Motion carried.
Page 7 of 18
City Council Meeting Minutes
March 21, 2001
It was moved by Gonzales, seconded by McCormick, that the
City Council 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 Gonzales, that the
City Council grant the Conditional Use Permit subject to the
conditions stated on the communication from the Director of
Community Services and Water, dated March 14, 2001. Motion
carried.
RESOLUTION NO. 7725 - A Resolution Of The City Council Of
The City Of Vernon Granting A Conditional Use Permit To Hernandez
Trucking For The Operation Of A Trucking And Freight Terminal At
2901 Sunol Drive, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7725 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 5, 2001, was presented,
requesting authority and funds for Administrative Aide Christopher
Romero to attend the How to Manage Multiple Projects and Meet
Deadlines Seminar at Los Angeles on March 30th, 2001, with an
expense allowance of $172.80.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be granted for Christopher Romero to attend
the aforementioned seminar with an expense allowance of $172.80.
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated March 14, 2001, was presented,
requesting authority and funds for Chief Deputy Director Dan
Downing to attend the Mosquito & Vector Control Association of
Southern California Region Cycle No. 6 Seminar at Anaheim on April
loth and llth, 2001, with an expense allowance of $94.00.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Dan Downing to attend the
aforementioned seminar with an expense allowance of $94.00.
Motion carried.
Communication from Steven Parker, Fire Chief, dated
March 13, 2001, was presented, requesting authority and funds for
the below listed fire personnel to attend the Hazmat Technician
Module lA Seminar at E1 Segundo on April 2nd, thru 61h, 2001, with
an expense allowance of $295.00 each.
• Curt Corbin, Firefighter
• Kevin Greenway, Firefighter
• Michael Pinnere, Firefighter
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be granted to the above listed fire personnel
to attend the aforementioned seminar with an expense allowance of
$295.00 each. Motion carried.
Page 8 of 18
City Council Meeting Minutes March 21, 2001
Communication from Steven Parker, Fire Chief, dated
March 15, 2001, was presented, requesting authority and funds for
the below listed fire personnel to attend the Hazmat Technician
Module 1B Seminar at E1 Segundo on April 23rd, thru 27th, 2001, with
an expense allowance of $295.00 each.
• Curt Corbin, Firefighter
• Kevin Greenway, Firefighter
• Michael Pinnere, Firefighter
It was moved by Ybarra, seconded by Ybarra, that
authority and funds be granted for the above listed fire personnel
to attend the aforementioned seminar with an expense allowance of
$295.00 each. Motion carried.
Communication from Steven Parker, Fire Chief, dated
March 15, 2001, was presented, requesting authority and funds for
the below listed fire personnel to attend the Rescue Systems I
Seminar at Anaheim on April 2nd, thru 6th, 2001, with an expense
allowance of $250.00 each.
• Greg Bringhurst, Firefighter
• Jason Haugen, Firefighter
It was moved by McCormick, seconded by Ybarra, that
authority and funds be granted for the above listed fire personnel
to attend the aforementioned seminar with an expense allowance of
$250.00 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 7, 2001, was presented, requesting authority and funds for
Lieutenant Robert Faldetta to attend the Limited Term Jail Manager
Training at San Clemente on April 25th, thru 27th, 2001, with an
expense allowance of $621.62 of which Standards in Training for
Corrections Program will reimburse $597.62.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be granted for Robert Faldetta to attend the
aforementioned training with an expense allowance of 621.62.
Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 7, 2001, was presented, requesting authority and funds for
Court Officer Eliseo Genera to attend the Annual Jail Training for
Supervisors at Riverside on April 30th, thru May 2nd, 2001, with an
expense allowance of $321.98 of which Standards in Training for
Corrections Program will reimburse $296.98.
It was moved by McCormick, seconded by Ybarra, that
authority and funds be granted for Eliseo Genera to attend the
aforementioned training with an expense allowance of $321.98.
Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 15, 2001, was presented,
requesting authority and funds for Utility Clerk Stella Pasillas
to attend the Mistake Free Grammar and Proofreading Seminar at
Pasadena on April 4th, 2001, with an expense allowance of $126.00.
Page 9 of 18
City Council Meeting Minutes
March 21, 2001
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be granted for Stella Pasillas to attend the
aforementioned seminar with an expense allowance of $126.00.
Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 15, 2001, was presented,
requesting authority and funds for Utilityman II Andrew Thompson
to attend the Pesticide Applicators Seminar at Anaheim and Ontario
on April 5th and 26th, 2001, respectively with an expense allowance
of $166.50 for both days.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Andrew Thompson to attend the
aforementioned seminar with an expense allowance of $166.50.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 14, 2001, was presented,
advising that on February 16, 1999, this legislative body approved
the Resource Procurement Plan & Credit Risk Management Policy
(Plan & Policy) which established guidelines for the Utilities
Department to plan, execute, and control the management of a
variety of risks inherent in power resource procurement. Section
3.4 of the Plan & Policy requires the establishment of a multi-
year strategic direction for resource procurement and the net
position risk tolerance for the department. This directional plan
will enable the department to provide low cost power and optimize
its portfolio while manage and mitigate risk.
The City of Vernon's Strategic Direction has been reviewed by our
Financial Consultant and it is hereby recommended that the
Strategic Direction for Resource Procurement and Portfolio
Management be approved and adopted.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 14, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7728 - A Resolution Of The City Council
Of The City Of Vernon Amending Resolution No. 7489 Which Adopted A
Strategic Direction Report For The Utilities Department, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7728 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 14, 2001, was presented,
advising that as part of the Metropolitan Transportation Authority
1998 State Transportation Improvement Program (STIP), the Los
Angeles County (MTA) on June 25, 1997 and the California
Transportation Commission (CTC) on January 14, 1998 authorized
funds to the City of Vernon for the I-710 Atlantic/Bandini
Interchange Improvements, Phase I, subject to the terms and
conditions contained in the STIP Letter of Agreement (LOA) dated
February 14, 2001.
Page 10 of 18
City Council Meeting Minutes March 21, 2001
This has been reviewed by the Director of Community Services and
the City Attorney and it is hereby recommended that the Letter of
Agreement be executed to receive the approved funds.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 14, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7732 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Letter Of Agreement For Projects Programmed Through The State
Transportation Improvement Program By And Between The City Of
Vernon And The Los Angeles County Metropolitan Transportation
Authority For Funding Of The I-710 Atlantic/Bandini Interchange
Improvements, Phase I, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7732 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 14, 2001, was presented,
advising that on December 19, 2000, this legislative body approved
an agreement to purchase a Reverse 911 System from Sigma
Communications, Inc. (Sigma) to increase the City's ability to
rapidly notify businesses during emergencies such as chemical
releases or energy blackouts. At the time of the purchase Sigma
confirmed in writing that the system was compatible to our
existing telephone system. In February 2001, Sigma
representatives advised that the implementation of the system
could severely impact the City's existing telephone operations and
acknowledged that they misdiagnosed the compatibility of the
system.
Sigma has been advised of the City's plans to upgrade the
telephone system and Sigma's technicians have provided
specifications that the Reverse 911 System will be compatible with
our specifications for a telephone system. They have agreed to
amend the purchase agreement to allow for postponing the delivery,
the installation of the system, and payment terms. It is hereby
recommended that the equipment purchase agreement approved by
Resolution No. 7678 be amended to reflect the changes.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 14, 2001, be received and filed and his
recommendation approved. Motion carried.
The City Clerk advised that Resolution No. 7730 be
deferred to the next City Council Meeting.
RESOLUTION NO. 7730 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
An Amendment No. One To The Reverse 911 Interactive Notification
System License Agreement.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7730 be deferred to the next City Council Meeting.
Motion carried.
Page 11 of 18
City Council Meeting Minutes March 21, 2001
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 15, 2001, was presented,
advising that the Gateway Cities Council of Governments (COG) are
interested in pursuing the Orange Line Transportation Project.
This Project is conceived to be a high-speed system for moving
people and cargo and could improve the access to and from Orange
County, Los Angeles International Airport, and Downtown Los
Angeles.
Local municipalities that are located on or adjacent to the
proposed Orange Line are being asked to contribute a proportionate
share of the expenses for the preparation of a feasibility study
for the proposed Orange Line Transportation Project.
The total cost of the feasibility study is $50,000.00 and Vernon's
share is $5,150.00. This has been reviewed by staff and it is
hereby recommended that we participate in the costs of the
feasibility study using, in part, monies from Proposition "A"
funds amounting to $4,120.00.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the City Administrator/City
Clerk, dated March 15, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7729 - A Resolution Of The City Council
Of The City Of Vernon Authorizing The Expenditure Of City Funds
For Vernon's Share Of The Cost Of The Preparation Of An Orange
Line Feasibility Study, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7729 be approved and adopted. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 14, 2001, was presented,
transmitting for consideration Contract No. 557, Alameda Street
Property Improvements. It is hereby recommended that the contract
be approved and authority be granted to seek formal bids.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water, dated March 14, 2001, be received and filed
and his recommendation approved. Motion carried.
RESOLUTION NO. 7727 - A Resolution Of The City Council
Of The City Of Vernon Approving Contract No. 557 For Alameda
Street Property Improvements And Authorizing Notice Inviting
Sealed Proposals Or Bids In Accordance Therewith, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7727 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 15, 2001, was presented,
advising that the Redevelopment Agency and City have had an
agreement for Real Estate Brokerage services with only one
company. At this time staff has determined that taking the
opportunity to utilize different firms, based on the City's or
agency's needs, may provide certain advantages.
Page 12 of 18
City Council Meeting Minutes March 21, 2001
It is hereby recommended that the present agreement for brokerage
services with McKinney Travers be amended and eliminate their
exclusivity as our sole real estate brokerage firm and that an
agreement with Lee & Associates for real estate brokerage services
be approved and executed.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 15, 2001, be received and filed and his
recommendation approved. Motion carried.
The City Attorney advised that the City should send out
a Notice of Termination to McKinney Travers.
It was moved by Ybarra, seconded by McCormick, to notify
McKinney Travers of the City's intent to terminate the agreement
for brokerage services. Motion carried.
RESOLUTION NO. 7734 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
An Agreement For Brokerage Services By And Among The City Of
Vernon, The Redevelopment Agency Of The City Of Vernon And Lee And
Associates, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7734 be approved and adopted. Motion carried.
The City Clerk advised that Resolution No. 7735 be
removed from the Agenda.
RESOLUTION NO. 7735 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
Amendment No. Three To The Confidential Agreement For Real Estate
Consulting And Representation Services By And Among The City Of
Vernon, The Redevelopment Agency Of The City Of Vernon And
McKinney Travers Oncor International.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7735 be removed from the Agenda. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 15, 2001, was presented, transmitting the
Agenda for the Personnel Committee meeting to be held March 19,
2001 for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, that the
recommendations listed on the Agenda for the Adjourned Regular
Personnel Committee held March 20, 2001 be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated March 15, 2001, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting to be
held March 20, 2001 for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by McCormick, that
the recommendations listed on the Agenda for the Adjourned Regular
Finance Committee Meeting held March 20, 2001, be approved.
Motion carried.
Page 13 of 18
City Council Meeting Minutes March 21, 2001
RESOLUTION NO. 7731 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Contract By And Between The City Of Vernon And Rolls-Royce Engine
Services -Oakland, Inc. For The Overhaul Of Turbine No. 6, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7731 be approved and adopted. Motion carried.
RESOLUTION NO. 7733 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing Notice Inviting
Sealed Proposals Or Bids For The Purchase Of A New Utility Truck
For The Community Services & Water Department, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7733 be approved and adopted. Motion carried.
RESOLUTION NO. 7736 - A Resolution Of The City Council
Of The City Of Vernon Authorizing The Issuance Of A Request For
Proposals From Qualified Right Of Way Consultants Regarding The I-
710 Atlantic/Bandini Interchange Project.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7736 be approved and adopted. Motion carried.
The City Clerk advised that the following Resolution be
removed from the agenda and no further action taken at this time.
RESOLUTION NO. 7737 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
An Agreement By And Between The City Of Vernon And Decade Software
Company For Envision For Windows Software.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7737 be removed from the agenda. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 20, 2001, advising
that the bids received and opened March 20, 2001, according to
Contract No. 560, Vernon Avenue Resurfacing, are as follow:
1. All American Asphalt $103,036.00
2. Ruiz Engineering Co. 114,142.00
3. Madison Paving Inc. 122,343.20
4. Excel Paving 134,904.00
5. Sequel Contractors Inc. 169,335.00
The bids have been reviewed and it is recommended that the
contract be awarded to All American Asphalt on the basis of their
bid in the amount of $103,036.00.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the Director of Community Services and Water,
dated March 20, 2001, be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7738 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of All American Asphalt
for Vernon Avenue Resurfacing in Accordance with Contract No. 560
of the City of Vernon and Approving the Execution of Said
Contract, was presented.
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City Council Meeting Minutes
March 21, 2001
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7738 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 1061 covering claims and demands
presented during the period of March 2nd, thru March 15th, 2001,
drawn on Wells Fargo Bank totaling $3,153,904.98, which includes
Utility demands and check Nos. as listed below: (Accounting period
March 2001):
82405
82408
82409
82411
82414
82415
82422
82430
82432
82433
82439
82440
82451
82454
82469
82473
82477
82483
82486
82488
82506
82509
82519
82524
82532
82537
82539
82540
82541
82554
82556
82558
82574
82579
82586
82587
82588
82598
82601
82602
82612
82613
82621
82625
82632
82634
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 1061 be approved and payment authorized for
Utility claims and demands totaling $3,153,904.98. Motion
carried.
WARRANT REGISTER NO. 1061 covering claims and demands
presented during the period of March 2nd, thru March 15th, 2001,
drawn on Wells Fargo Bank totaling $709,337.68, and includes check
Nos. 82393 thru 82636 (inclusive), excluding Utility demands and
Voided checks Nos. listed below. (Accounting period March 2001).
82437 82457 82458 82459 82460
82461 82462 82573
It was moved by Gonzales, seconded by McCormick, that
Warrant Register No. 1061 be approved and payment authorized for
claims and demands and voided checks as listed above. Motion
carried.
PAYROLL WARRANT REGISTER NO. 537 covering claims and
demands presented during the period of January 14th, thru February
loth, 2001, drawn on Wells Fargo Bank totaling $1,591,787.88 which
includes demand Nos. 6990 thru 7025 (inclusive). (Accounting
period February 2001).
It was moved by Ybarra, seconded by McCormick, that
Payroll Warrant Register No. 537 be approved and payment
authorized for claims and demands totaling $1,591,787.88. Motion
carried.
The Mayor called a short recess at 6:03 p.m. The City
Council reconvened in Regular Session at 6:09 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
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City Council Meeting Minutes
March 21, 2001
It was moved by Ybarra, seconded by Gonzales, that the
City Council go into closed session on Item Nos. 2 and 3, the time
being 6:10 p.m. Motion carried.
All persons were excluded 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);
(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 Ouality 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. EL01-14-000 (Vernon v. ISO); FERC
Docket No. EC01-14 (ISO); FERC Docket No. ER01-313
(ISO); FERC Docket No. ER01-315 (SCE/ISO); FERC Docket
No. ER01-724 (ISO)
(o) The Burlington Northern and Santa Fe Railway Company v.
City of Vernon; USDC No. CV-00-12891 NM;
(p) Sterling Davis V. City of Vernon, et al., USDC No. CV-
01-01602 DDP;
(q) City of Corona v All Persons, etc. et al., RSC Case No.
351283;
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City Council Meeting Minutes March 21, 2001
(r) Cities of Arcadia, et al. v. The California Regional
Water Ouality Control Board, etc., et al., LASC No BC
245633;
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: Five (5) 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 6:17 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
actions by Channing Strother of McCarthy, Sweeney & Harkaway in
intervening in FERC Docket No. EL01-33 (Southern California Edison
Company), are hereby ratified. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
actions by Channing Strother of McCarthy, Sweeney & Harkaway in
intervening in FERC Docket No. ELO1-36 (Coral Power, L.L.C., et
al. v. California Power Exchange Corporation), are hereby
ratified. Motion carried. Mayor Malburg 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.
It was moved by Gonzales, seconded by Ybarra, that the
actions by Channing Strother of McCarthy, Sweeney & Harkaway in
intervening in FERC Docket No. ELO1-34 (Southern California Edison
Companv, Pacific Gas and Electric Comoanv and San Diego Gas &
Electric Company), are hereby ratified. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
actions by Channing Strother of McCarthy, Sweeney & Harkaway iin
intervening in FERC Docket No. ELO1-37 (Salt River Project
Agricultural Imorovement and Power District and Sacramento
Municipal Utilitv District v. California Power Exchange
Corporation), are hereby ratified. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the City Attorney be authorized to execute the appropriate
authorization form on behalf of the City of Vernon to join in the
petition for writ of review to be filed on behalf of the
Metropolitan Water District of Southern California by Meyers,
Nave, Riback, Silver & Wilson in Cargill v. Metropolitan Water
District, Los Angeles Superior Court No. BC 191 881. Motion
carried.
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City Council Meeting Minutes
March 21, 2001
There being no further business to come before the City
Council at this time, it was moved by McCormick, seconded by
Ybarra, that the meeting adjourn. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
Feonis C. Malb rg d
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