Loading...
20010523 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 23, 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, Davis, 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 Adjourned Regular City Council Meeting held April 24, 2001, be approved and adopted as submitted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of the City Council Meeting held May 2, 2001, be approved and adopted as submitted. Motion carried. RESOLUTION NO. 7758 - A Resolution Of The City Council Of The City Of Vernon Commending James R. Persons For His Many Years Of Service To The City Of Vernon, was read by title by the City Clerk. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7758 be approved and adopted. 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 April, 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 10/10/85 Dolores Fonseca Purchasing Assistant 08/27/90 Francesco Pirello Police Officer 08/01/79 Rose Gonzales Secretary 08/28/89 Manuela Giron Deputy City Clerk O1/24/82 Alice Saldana Senior Utility Clerk 04/29/91 Linda Smith Utility Clerk 04/23/90 Albert DeLaCruz Utilityman III 07/01/85 Jaime DeLaRosa Utilityman III 04/09/90 Michael Hendrickson Substation Technician 08/19/84 Richard Recano Substation Technician 05/13/84 Vince Rodriguez Engineering Assistant Award 4 4 6 7 8 10 11 11 11 11 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. 10/28/81 Melody Falvo 02/01/70 Larry Weaver 06/22/90 Ben Busse Police Secretary 3 Administrative Fire Captain 4 Police Sergeant 6 Adjourned Regular City Council Meeting Minutes May 23, 2001 01/08/90 Jerry Winegar Police Sergeant 6 04/17/94 Eric Anderson Utilityman IV 7 04/16/80 Art Morales Utilityman II 7 02/26/89 Todd Hewett Fire Captain 9 02/26/90 Barry Schoolmeester Firefighter 9 06/13/85 Michael Chavez Police Sergeant 10 The Mayor called a short recess at 5:10 p.m. The City Council reconvened at 5:13 p.m., all members present before the recess again being present. Police Department Activity Log for the period May 1st thru 15th, 2001, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period May 1st thru 15th, 2001, be received and filed. Motion carried. Fire Department Activity Report for the period May 1't thru 15th, 2001, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period May lst thru 15th, 2001, be received and filed. Motion carried. Risk Management Report for the month of April 2001, was presented. It was moved by Gonzales, seconded by McCormick, that the Risk Management Report for the month of April 2001, be received and filed. Motion carried. Health Department Report for the month of April 2001, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of April 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 wishing to address the City Council at this time. There was no one wishing to address the City Council at this time. The City Clerk announced that now was the time to open a public hearing to consider a variance application submitted by Dynamic Builders, Inc., on behalf of Vernon Management Company, Inc., for the construction of a building at 2615 Santa Fe Avenue. It was moved by Davis, seconded by Ybarra, to open the public hearing to consider a variance application submitted by Dynamic Builders, Inc., on behalf of Vernon Management Company, Page 2 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 Inc., for the construction of a building at 2615 Santa Fe Avenue. Motion carried. The Director of Community Services and Water Samuel Kevin Wilson addressed the City Council and briefly summarized this matter and gave a brief slide presentation of the property. The Mayor asked what type of business was currently conducted on this site. The Director of Community Services and Water responded, that the company was supposed to be a machinery sales company but he thinks that they just did or provided storage of used equipment. The City Clerk asked if this variance would conform with the 2009-2014 Ordinance. The Director of Community Services and Water responded that this site would not conform to the 2009-2014 Ordinance, but this variance would grant them an exemption if the Council approved it. The Director of Community Services and Water further advised the City Council that he received one letter from a neighboring company addressing several issues pertaining to this request. The Director of Community Services and Water submitted for the record the letter and advised the City Council that he had prepared a response that addressed their concerns and was also submitting the response letter for the record. The Mayor had a concern as to who would be enforcing the truck length limitation stated on the variance. The Director of Community Services and Water responded that the department would be relying on the Police Department to assist in the enforcement of that issue. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 17, 2001, was presented, advising that Dynamic Builders, Inc. has submitted a variance application on behalf of the owner, Vernon Management Company, Inc. They are requesting a variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8 (c), for a proposed building to be constructed at 2615 Santa Fe Avenue. The proposed building is 35,318 square foot in size with 40-foot truck loading and parking spaces. Section 26.4.2-8 (c) of the City Code requires all truck loading and parking spaces to be 65 feet in length. The project is categorically exempt from the California Environmental Quality Act due to it being an in -fill project, as defined in Section 15332 of the guidelines. A Notice of Exemption will be prepared. Submitted herewith are the following documents: 1. Application for variance. 2. Affidavits of posting and mailing. Page 3 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 3. Notice of public hearing. 4. Staff report. It is hereby recommended that the variance be granted subject to the following conditions: (a) The required number of automobile parking, truck loading, and parking spaces must be provided. The minimum length of truck loading or parking spaces provided shall be 40-feet in length and 10-feet wide. The maximum size truck that may access the site shall be 40-feet in length, including the tractor and trailer. (b) All trucks shall enter and exit the site in a front forward manner. (c) A sign with a minimum 3" type shall be posted adjacent to Santa Fe Avenue on both sides of the driveway entrance that states "Maximum Length Vehicles Allowed on this Site is 40-feet. All Violations are Subject to a $500 Fine". (d) The property owner shall be subject to a fine not to exceed $500 for every truck that enters the site that violates the size requirement. (e) A covenant shall be recorded prior to construction advising all future property owners that all trucks entering the site are limited to a maximum of 40-feet in length and that any violation of this requirement is subject to a maximum $500 fine. (f) The owner of the property shall provide and maintain, for the City of Vernon, utility easements located on the property in a form and manner subject to approval of the Director of Community Services and Water. (g) This variance shall only be valid while Vernon Management owns the property. A new variance will be required upon the change of ownership or use of the property. (h) All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. (i) The project shall be constructed substantially in accordance with the site plan submitted as part of the variance application. No changes shall be made in the site development, except with the prior approval of the Director of Community Services. It was moved by Gonzales, seconded by Ybarra, to close the public hearing, the time being 5:27 p.m. Motion carried. It was moved by Davis, seconded by Ybarra, that the communication from the City Administrator/City Clerk, dated May 17, 2001, and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. Page 4 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 RESOLUTION NO. 7761 - A Resolution Of The City Council Of The City Of Vernon Granting A Variance To Vernon Management Company, Inc., From Section 26.4.2-8 (C), Development Standards, Of The Comprehensive Zoning Ordinance, For The Property Located At 2615 Santa Fe Avenue In The City Of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7761 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the public hearing to consider the voluntary termination of a non- exclusive franchise agreement with Active Disposal Service. It was moved by Davis, seconded by Gonzales, to open the public hearing to consider the voluntary termination of a non- exclusive franchise agreement with Active Disposal Service, the time being 5:30 p.m. Motion carried. The Director of Environmental Health Lewis Pozzebon addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 7, 2001, was presented, advising that on May 6, 1999, Active Disposal Service entered into a Non-exclusive Franchise Agreement for Solid Waste Management Services with the City of Vernon. The Environmental Health Department is in receipt of a "Notice of Intention to Abandon the Solid Waste Management Non-exclusive Franchise and Request to Terminate the Agreement," from Active Disposal Service dated April 2, 2001. Active Disposal Service no longer wishes to operate under the franchise agreement and intends to abandon its franchise. It is hereby recommended that the Active Disposal Service Non- exclusive Franchise Agreement be terminated. It was moved by Davis, seconded by Gonzales, to close the public hearing, the time being 5:35 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 7, 2001, and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7760 - A Resolution Of The City Council Of The City Of Vernon Terminating The Non -Exclusive Solid Waste Franchise Agreement Granted To Active Disposal Service By The City Of Vernon Pursuant To Resolution No. 7320, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7760 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 24, 2001, was presented, requesting authority and funds for Detective Jerry Chavez to attend the "Search Warrant" Training at Redondo Beach on June 22" 2001, with an expense allowance of $22.26 of which POST will reimburse $14.76. Page 5 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Detective Jerry Chavez to attend the aforementioned training with an expense allowance of $22.26. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 17, 2001, was presented, requesting authority and funds for Detective Donald Vanover to attend the "Legal Update Investigation" Training at Los Angeles on June 25th thru 28th, 2001, with an expense allowance of $340.32 of which POST will reimburse $332.32. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Detective Donald Vanover to attend the aforementioned training with an expense allowance of $340.32. Motion carried. Communication from Steven Parker, Fire Chief, dated May 2, 2001, was presented, requesting authority and funds for the below listed fire personnel to attend the "Rescue Systems II" Class at Anaheim on June llth thru 15th, 2001, with an expense allowance of $325.00 each. • Curt Corbin, Firefighter • Tom Egan, Firefighter • Andrew Kroner, Firefighter • Michael Pinnere, Firefighter • Michael Roche, Captain • Andrew Smith, Firefighter It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for the above listed fire personnel to attend the aforementioned class with an expense allowance of $325.00 each. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities, dated March 22, 2001, was presented, requesting authority and funds for Systems Coordinator I Shawn Sharifzadeh to attend the "WSCC Schedulers Session I" Seminar at Folsom on June 12th thru 15th, 2001, with an expense allowance of $1,383.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Systems Coordinator I Shawn Sharifzadeh to attend the aforementioned seminar with an expense allowance of $1,383.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated May 3, 2001, was presented, requesting authority and funds for Police Officer Jason Bogosian to attend the "Pursuit Driving" Update at San Bernardino on June 18th, 2001, with an expense allowance of $191.20 of which POST will reimburse $39.20. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Police Officer Jason Bogosian to attend the aforementioned update with an expense allowance of $191.20. Motion carried. Page 6 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 Communication from Lewis Pozzebon, Director of Environmental Health, dated May 3, 2001, was presented, requesting authority and funds for Environmental Health Specialist Leonard Grossberg to attend the 11DTSC-6th Annual Statewide Household Hazardous Waste and Used Oil" Seminar at Tahoe City on May 16th thru 18th, 2001, with an expense allowance of $555.38. It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Environmental Health Specialist Leonard Grossberg to attend the aforementioned seminar with an expense allowance of $555.38. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated May 15, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "How to Deliver Exceptional Customer Service" Seminar at Costa Mesa on June 5, 2001, with an expense allowance of $118.50 each. • Richard Lucas, Sr. Building Inspector • Jerry Schreiber, Sr. Electrical Inspector • Stella Pasillas, Utility Clerk 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 $118.50 each. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated May 15, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "How to Deliver Exceptional Customer Service" Seminar at Pasadena on June 13, 2001, with an expense allowance of $109.00, and $116.00 respectively. • Wenceslao Reynoso, Code Enforcement Inspector • Karon Berry, Utility Clerk • Claudia Aguilar, Secretary It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for the above listed personnel to attend the aforementioned seminar with an expense allowance of $109.00 and $116.00 respectively. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated May 15, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "How to Deliver Exceptional Customer Service" Seminar at Anaheim on June 14, 2001, with an expense allowance of $99.00 each. • Rose Gonzales, Secretary • Leo Lee, Code Enforcement Inspector It was moved by Davis, seconded by Ybarra, that authority and funds be granted to the above listed personnel to attend the aforementioned seminar with an expense allowance of $99.00 each. Motion carried. Page 7 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated May 15, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "How to Deliver Exceptional Customer Service" Seminar at Torrance on June 21, 2001, with an expense allowance of $99.00 each. • Alice Saldana, Sr. Utility Clerk • William Wilson, Code Enforcement Inspector It was moved by Ybarra, seconded by McCormick, that authority and funds be granted for the above listed personnel to attend the aforementioned seminar with an expense allowance of $99.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 3, 2001, was presented, advising that J.J.V. Disposal Inc., had previously been granted a Solid Waste Franchise Agreement and due to corporate structure changes, they are requesting to transfer their agreement to Norcal Waste Services Inc., its new corporate name. Staff of the Health Department and the City Attorney have reviewed this and have concurred that the new corporate entity has met all the requirements, and it is hereby recommended that the transfer of a Non -Exclusive Franchise Agreement for Solid Waste from J.J.V. Disposal, Inc., to Norcal Waste Services, Inc., be granted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 3, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7762 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Consent To Assignment Of The Solid Waste Franchise Agreement By And Between The City Of Vernon And J.J.V. Disposal, Inc. To Norcal Waste Services, Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7762 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 7, 2001, was presented, advising that the current animal control service agreement with Southeast Area Animal Control Authority (SEAACA) expires June 30, 2001. SEAACA has submitted a revised service agreement which reflects an eleven (11) percent increase on service fees. The Health Department and the City Attorney have reviewed the agreement. Based on the performance provided by SEAACA during this fiscal year it is hereby recommended that the agreement be approved and executed for fiscal year 2001-02. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated May 7, 2001, be received and filed and his recommendation approved. Motion carried. Page 8 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 RESOLUTION NO. 7759 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement For Animal Control Services By And Between The City Of Vernon And The Southeast Area Animal Control Authority For Animal Control Services For The Period July 1, 2001 To June 30, 2002, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7759 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 14, 2001, was presented, advising that the General Services Agreement between the County of Los Angeles and the City of Vernon will expire June 30, 2001. This agreement authorizes the County to perform services for the City such as parcel map checking and bridge inspections to name a few. This has been reviewed by the Director of Community Services and Water and the City Attorney has reviewed the Agreement. To ensure continuation of services and the City's ability to increase services as needed in the future, it is hereby recommended that the City execute the renewal of the General Services Agreement with Los Angeles County for a five-year period commencing July 1, 2001 through June 30, 2006. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 14, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7764 - Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A General Services Agreement By And Between The City Of Vernon And The County Of Los Angeles For A Five (5) Year Period From July 1, 2001 To June 30, 2006, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7764 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 16, 2001, was presented, advising that the City is interested in the development of a Combined Cycle Power Plant (the Project) to generate cost effective, efficient, and reliable electricity to meet its demand while meeting Federal, State, and local environmental requirements. Carter & Burgess submitted a proposal/agreement for Professional Consulting Services at a cost not to exceed $559,000.00. This was reviewed by the Director of Utilities and the City Attorney. It is hereby recommended that the City retain the Professional Consulting Services of Carter & Burgess, Inc. and that the execution of the agreement be ratified. Councilman Davis asked how big is this power plant. Director of Utilities Kenneth DeDario responded that is about 90 megawatts initially and then an additional 30 megawatts for combined cycle operation. The Director of Utilities further addressed the City Council and briefly summarized this matter. Page 9 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 Councilman Davis asked if the plant was to be used for peak demand. Director of Utilities responded that the City plans to run it as a base load unit, however, initially will run as a peaker. Councilman Davis asked if running the units would be cost effective. City Clerk stated that based on the projected data and today costs it would be. Director of Utilities responded that if the market changes and drops then the City could shut down the units. The Mayor asked if it would be cost effective having the units just sitting idle. Director of Utilities responded that the department does not foresee them being idle. gas. The Mayor asked if the proposed turbines use natural Director of Utilities responded that they do. Councilman Davis asked if the City is currently running the present units. Director of Utilities responded that the City has been running turbine nos. 6 and 7. The City Clerk advised that this issue is protection for our customers so that the City would not be caught in a dilemma that might occur in the future. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 16, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7767 - A Resolution Of The City Council Of The City Of Vernon Approving And Ratifying The Execution Of An Agreement For Professional Consulting Services By And Between The City Of Vernon And Carter & Burgess, Inc. For Combined Cycle Power Plant, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7767 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 16, 2001, was presented, advising that in conjunction with the development of the Combined Cycle Power Plant (the Project) the City is in need of professional consulting services to coordinate the preparation of an Application for Certification (AFC) for the California Energy Commission and a Determination of Compliance (DOC) for the South Coast Air Quality Management District. Page 10 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 The Utilities Department is in receipt of a proposal submitted by ENSR International which satisfies the City's needs at a cost not to exceed $274,862.00 for the preparation of the necessary documents. This has been reviewed by the Director of Utilities and the City Attorney. It is hereby recommended that the City retain the Professional Consulting Services of ENSR International, and that the execution of a Consulting Agreement be approved and executed. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 16, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7766 - 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 ENSR International And Ratifying The Execution Of An Authorization To Proceed Regarding The Combined Cycle Power Plant, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7766 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 16, 2001, was presented, advising that at the meeting held March 21, 2001, this legislative body approved and adopted Resolution No. 7733 authorizing the Purchasing Department to seek formal bids (Bid No. 1406) for the purchase of a utility truck for the Community Services and Water Department. In accordance with said bid, the following bids were received and opened May 8, 2001: Llovio Ford No Bid Wondries Ford No Bid Midway Ford $77,379.28 Golden State Truck Center $82,627.52 The bids were reviewed by the Community Services and Water Department and it is hereby recommended that Bid No. 1406 be awarded to Midway Ford and that a Vehicle Purchase Contract be approved and executed and a purchase order issued. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 16, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7768 - A Resolution Of The City Council Of The City Of Vernon Accepting The Bid Of Midway Ford On Bid No. 1406 For The Purchase Of A Ford F450 Utility Truck For The Community Services And Water Department And Approving And Authorizing The Execution Of A Vehicle 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. 7768 be approved and adopted. Motion carried. Page 11 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated May 16, 2001, was presented, advising that the bids received and opened May 15, 2001, according to Contract No. 556, Paving of Pipe Yard, are as follow: LMT Enterprises, Inc. DBA Tyner Paving Company $230,042.64 Excel Paving Company $239,793.70 E.G.N. Construction, Inc. $250,063.82 All American Asphalt $270,218.18 The bids have been reviewed and it is recommended that the contract be awarded to LMT Enterprises, Inc., dba Tyner Paving Company on the basis of their bid in the amount of $230,042.64. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 16, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7769 - A Resolution Of The City Council Of The City Of Vernon Accepting The Bid Of LMT Enterprises Inc., DBA Tyner Paving Company For Paving Of Pipe Yard In Accordance With Contract No. 556 Of The City Of Vernon And Approving The Execution Of Said Contract, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7769 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 17, 2001, was presented, advising that on February 21, 2001, Resolution No. 7710 approved and authorized the execution of a Consulting Services Agreement with Mr. Charles Montoya relating to the development of electrical generation projects for the City. At this time minor adjustments to the agreement are necessary in order to address the indemnification provision of the contract. An amendment to the original agreement has been prepared by the City Attorney, and it is hereby recommended that the Contract by and between the City of Vernon and Mr. Montoya be approved and executed. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 17, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7765 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Amendment No. One To The Consulting Services Agreement By And Between The City Of Vernon And Charles W. Montoya, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7765 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 17, 2001, was presented, advising that CALTRANS has prepared Cooperative Agreement No. 4431 between the City of Vernon and the State of California for the Page 12 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 improvements to the I-710/Atlantic/Bandini Interchange. The agreement outlines terms and responsibilities of each of the agencies involved in the design, right-of-way acquisition, and construction of the project. This has been reviewed by the Director of Community Services and Water and the City Attorney. It is hereby recommended that the Cooperative Agreement No. 4431 be approved and executed. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 17, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7770 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of Cooperative Agreement No. 07-4431 By And Between The City Of Vernon And The State Of California Acting By And Through Its Department Of Transportation For Improvements To The I- 710/Atlantic/ Bandini Interchange, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7770 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 17, 2001, was presented, advising that on April 18, 2001, this legislative body approved and adopted Resolution No. 7752, authorizing the Purchasing Department to seek formal bids (Bid No. 1408) for the purchase of a Backup Power Generator System for Well #19 for the Community Services and Water Department. In accordance with said bid, the following bids were received and opened on May 9, 2001: Stewart & Stevenson $54,576.68 Duthie Power Services $73,903.00 Gammill Electric, Inc. $73,937.80 Bakersfield Well & Pump No Bid Cummins Cal No Bid Power System Associates No Bid Valley Detroit Diesel No Bid The Director of Community Services and Water has reviewed the bids, and it is hereby recommended that Bid No. 1408 be awarded to Stewart & Stevenson and that an equipment purchase contract be approved and executed and a purchase order issued for the purchase of the backup system. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 17, 2001, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7773 - A Resolution Of The City Council Of The City Of Vernon Accepting The Bid Of Stewart & Stevenson On Bid No. 1408 For The Purchase Of A Backup Power Generation System 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 McCormick, seconded by Davis, that Resolution No. 7773 be approved and adopted. Motion carried. Page 13 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated May 17, 2001, was presented, advising that Dynamic Builders, Inc. has submitted Final Parcel Map No. 26031, at the southeast corner of 55th Street and Alameda Street. They are proposing to subdivide one parcel into three, one being 3.14 acres, the second being 2.22, and the third being 5.04 acres. On February 26, 2001, the City Council approved the Tentative Parcel Map 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. Page 14 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 B. 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. 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. 12. All abandoned wells on the subject site shall be properly destroyed to City requirements. All of the conditions for approval have been met with the exception of conditions 1, 2 and 11, in which case Dynamic Builders, Inc. will submit a performance bond in favor of the City of Vernon to insure the work required in conditions 1 and 11 will be completed. Additionally, Dynamic Builders has submitted a deposit with the City for the fire hydrant construction as required in condition 2. The County of Los Angeles has checked and approved the map for mathematical accuracy, survey analysis, title information and compliance with the subdivision map act. The project is consistent with the Vernon General Plan as adopted by the City of Vernon, and is consistent with the State Subdivision Map Act. As part of the tentative map approval process it was determined that the project was categorically exempt from the California Environmental Quality Act. It is hereby recommended that Parcel Map No. 26031 be approved. The Director of Community Services and Water Samuel Kevin Wilson addressed the City Council and advised them of a change on the parcels being split and the total amount of land. The City Attorney informed the City Council that it has also been determined that an agreement is necessary and approval of the Final Parcel Map No. 26031. Page 15 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated May 17, 2001, be received and filed and his recommendation including the changes be approved. Motion carried. RESOLUTION NO. 7776 - 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 Dynamic Builders, Inc. Regarding Final Parcel Map Public Improvements, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7776 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 17, 2001, was presented, transmitting the Minutes for the Regular Personnel Committee meeting held May 14, 2001, for approval of the recommendation contained therein. It was moved by McCormick, seconded by Davis, that the Minutes for the Regular Personnel Committee meeting held May 14, 2001, be approved and adopted as submitted. Motion carried. The City Clerk advised that the Agenda for the Adjourned Personnel Committee meeting to be held May 21, 2001, should be removed from the agenda. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 17, 2001, transmitting the Agenda for the Adjourned Personnel Committee meeting to be held May 21, 2001, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Agenda for the Adjourned Personnel Committee meeting to be held May 21, 2001, be removed from the agenda. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 17, 2001, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee meeting held May 14, 2001, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the Minutes of the Adjourned Regular Finance Committee meeting held May 14, 2001, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 17 2001, transmitting the Agenda for the Adjourned Regular Finance Committee meeting to be held May 23, 2001, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular Finance Committee meeting held May 23, 2001 be approved. Motion carried. RESOLUTION NO. 7756 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement For Environmental Health Data Management Services And Page 16 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 Decade Software Company Site License And Support Agreement For The Use Of Envision For Windows Software (deferred from City Council Meeting held May 2, 2001), was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7756 be approved and adopted. Motion carried. RESOLUTION NO. 7763 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Sale Of Surplus Property From The Following Departments: Community Services & Water, City Administrator/City Clerk (Risk Management/Personnel), Police And Utilities, Pursuant To Section 2.31 Of The Vernon City Code, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7763 be approved and adopted. Motion carried. RESOLUTION NO. 7771 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Implementation Of Amended Customer Incentive And Customer Directed Programs Relating To The City Of Vernon Utilities Department Public Benefits Programs, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7771 be approved and adopted. Motion carried. RESOLUTION NO. 7772 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Issuance Of A Request For Proposals For Engineering And Consulting Services Regarding Energy Efficiency Programs, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7772 be approved and adopted. Motion carried. RESOLUTION NO. 7774 - 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 RFL Electronics For Communication Multiplexers, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7774 be approved and adopted. Motion carried. Recommendation of the City Administrator/City Clerk, dated May 17, 2001, to approve an agreement pursuant to the purchase of equipment from Alstom Power, Inc. The City Attorney addressed the City Council and discussed this matter and informed them of the negotiations that have recently taken place and that an agreement has been finalized. Establishing such, it will be about July 2002 when we would be ready to go on line. The Director of Utilities addressed the City Council and summarized this matter. It was moved by Gonzales, seconded by Davis, that the recommendation from the City Administrator/City Clerk, dated May 17, 2001, be received and adopted and his recommendation approved. Motion carried. RESOLUTION NO. 7775 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of An Agreement for the Purchase of Two (2) Combustion Turbines by Page 17 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 and Between the City of Vernon and Alstom Power Inc., was presented. WARRANT REGISTER NO. 1065 covering claims and demands presented during the period of April 27th, thru May 17th, 2001, drawn on Wells Fargo Bank totaling $2,717,769.92, which includes Utility demands and check Nos. as listed below: (Accounting period May, 2001): 83479 83480 83483 83488 83492 83493 83494 83495 83497 83498 83502 83506 83507 83509 83510 83515 83517 83520 83526 83531 83534 83536 83537 83546 83548 83553 83562 83564 83582 83584 83585 83588 83591 83593 83610 83620 83621 83623 83629 83638 83644 83645 83652 83655 83660 83662 83677 83681 83693 83695 83696 83704 83712 83714 83719 83720 83721 83735 83736 83740 83762 83767 83773 83775 83777 83789 83791 83792 83793 83796 83807 83819 83839 83846 83847 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1065 be approved and payment authorized for Utility claims and demands totaling $2,717,769.92. 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. 1065 covering claims and demands presented during the period of April 27th thru May 17th, 2001, drawn on Wells Fargo Bank totaling $1,809,131.53, and includes check Nos. 83478 thru 83848 (inclusive), excluding Utility demands and voided checks nos., as listed below. (Accounting period May, 2001) . 83481 83485 83496 83514 83519 83525 83549 83551 83565 83574 83595 83597 83598 83599 83600 83601 83602 83761 83774 It was moved by McCormick, seconded by Davis, that Warrant Register No. 1065 be approved and payment authorized for claims and demands totaling $1,809,131.53, excluding Utility demands and voided checks as mentioned above. Motion carried. PAYROLL WARRANT REGISTER NO. 539 covering claims and demands presented during the period of March llth thru April 7th, 2001, drawn on Wells Fargo Bank totaling $1,641,205.93 which includes demand nos. 7061 thru 7097 (inclusive). (Accounting period April, 2001). It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 539 be approved and payment authorized for claims and demands totaling $1,641,205.93. Motion carried. Page 18 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 The Mayor called a short recess at 6:39 p.m. The City Council reconvened in regular session at 6:44 p.m., all members present before the recess again being present. The City Clerk announced that now was the time for the City Council to go into closed session pertaining to Item 1. It was moved by Ybarra, seconded by Gonzales, to go into closed session on Item No. 1, the time being 6:40 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, Deputy City Clerk, City Attorney, Director of Community Services and Water, and Utilityman II. The Mayor ordered all communications to and from closed session deemed privileged and confidential. 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 The Director of Community Services and Water and Utilityman II were both excused at 6:47 p.m. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on Item No. 1, the time being 6:47 p.m. Motion carried. The City Clerk announced that now was the time to go into closed session pertaining to Item No. 2. It was moved by McCormick, seconded by Ybarra, to go into closed session on Item No. 2, the time being 6:48 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, Deputy 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 and ER96-1663 (Restructuring); (c) David Veneaas et al. v. City of Vernon, LASC No. BC 207136; (d) Vernon v. All Persons; LASC No. BC 222145; Page 19 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 (e) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; (f) Vernon v. Regional Water Quality Control Board; Nos. A- 1280, A1280 (a) and A-1280 (b) ; (g) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; (h) Mark A. Suarez v. New Matic Construction, etc., et al., LASC No. BC 228903; (i) Paveco Construction, Inc. v. Valley Engineers, Inc., et al., LASC Case No. BC 236933; (j) 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; (k) 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; (1) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (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. ER01-313 (ISO); FERC Docket No. ER01-315 (SCE/ISO); FERC Docket No. ER01-724 (ISO); FERC Docket No. EL01-41 (Strategic Energy v ISO); FERC Docket Nos. EL00-95-022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95-023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95-024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95-025/EL00-98-024 (SCE); FERC Docket No. EL01-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO) (m) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM; (n) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP; (o) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; (p) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (q) FERC Docket No EL01-33 (SCE/PX); FERC Docket No. EL01-36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. EL01-37 (SRP & SMUD v. PX); (r) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (s) FERC Docket No. EL01-42 (Universal Studios v. Southern California Edison Company; It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session on Item No. 2, the time being 6:53 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that discipline as recommended by the Director of Community Services and Water for the Utilityman II be approved. Motion carried. It was moved by Gonzales, seconded by McCormick, that the ratification of the Waiver of Disqualification concerning the Superior Court Judge in the Alameda Corridor Transportation Authority be approved. Motion carried. Page 20 of 21 Adjourned Regular City Council Meeting Minutes May 23, 2001 There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn, the time being 6:57 p.m. Motion carried. eonis C. Mal rg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 21 of 21 ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE CITY CLERK OF THE CITY OF VERNON ADJOURNED THE CITY COUNCIL MEETING (DUE TO LACK OF QUORUM) TO BE HELD MAY 16, 2001, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, TO MAY 23, 2001, AT 5:00 P.M. Bruce V. Malkenhors City Clerk BY , /YCe G"ior'l'a J. Orosto Chief Deputy City Clerk AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon do hereby certify that I did, on the day of May, 2001, have posted The above Order of Adjournment for the City Council Meeting. Said Order was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: Q . /% :?'OD/ G oria J. Oros o Chief Deputy City Clerk