20010620 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD JUNE 20, 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 Gonzales, that the
Minutes of the Regular City Council Meeting held June 6, 2001, be
approved and adopted as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 13, 2001, was presented,
advising that the Director of Utilities has selected Ms. Deborah
Medina, Administrative Associate, to receive a Utilities
Department 2001 SPIRITS Award Level I based on her Superior
Performance during the past 12-months.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated June 13, 2001, be received and filed. Motion
carried.
The City Clerk advised that Resolution No. 7777 should
be removed from the agenda.
RESOLUTION NO. 7777 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing Notice Inviting
Sealed Proposals Or Bids To Provide Specific Professional
Maintenance And Support Services For Certain City Of Vernon Radio
Communication And Closed Circuit Video Systems. (Deferred from the
City Council meeting held June 6, 2001).
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7777 be removed from the agenda. Motion carried.
Communication from
Bruce V. Malkenhorst,
City
Administrator/City
Clerk, dated June 13, 2001, was
presented,
advising
that the below listed employees qualified
in the month of
May, 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
09/04/94
Victor Modesto
Utilityman II
4
07/08/91
David Rumley
Police Sergeant
4
05/26/96
Wesley Cruz
Utilityman IV
5
05/19/86
Fernando Rodriguez
Police Sergeant
9
05/19/91
Roger Conant
Utilityman II
10
11/05/90
Robin Tolmasoff
Administrative Associate
10
12/21/87
Renan Castro
Utilityman II
11
05/22/89
Fred Amiri
Engineering Assistant
12
05/16/88
Curtis Kirkland
Senior Electronics
Technician
13
Regular City Council Meeting Minutes
June 20, 2001
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.
05/03/99
Joseph Rodriguez
Police Officer 2
04/01/84
Sergio Rodriguez
Resource Scheduler 2
10/03/94
Jason Bogosian
Police Officer 3
02/27/95
Michael Alway
Police Officer 5
O1/23/89
Carlos Fandino
Systems Supervisor 8
08/17/87
Paul Woida
Fire Engineer 8
The Mayor called a short recess at 5:06 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 June lst
thru 15th, 2001, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period June 1st thru 15th,
2001, be received and filed. Motion carried.
Fire Department Activity Report for the period June 1st
thru 15th, 2001, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period June 1st thru 15th,
2001, be received and filed. Motion carried.
Risk Management Report for the month of May, 2001, was
presented.
It was moved by Davis, seconded by Gonzales, that the
Risk Management Report for the month of May, 2001, be received and
filed. Motion carried.
Health Department Report for the month of May, 2001, was
presented.
It was moved by McCormick, seconded by Ybarra, that the
Health Department Report for the month of May, 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.
Richard Lucas, Senior Building Inspector, stood and
asked the City Council if he could have a few words about the
budget.
Page 2 of 15
Regular City Council Meeting Minutes
June 20, 2001
The City Clerk responded that there was nothing on the
Agenda with that regard.
The City Attorney advised that the City Council could
hear Mr. Luca's comments but would not be able to take action
since this matter was not on the Agenda. The City Attorney
advised Mr. Lucas that he could address this issue at the next
City Council meeting to be held June 27, 2001. He also advised
Mr. Lucas that he should put something in writing addressed to the
City Council and submit it to the Chief Deputy City Clerk in order
to be placed on the agenda. The City Attorney reminded Mr. Lucas
that he could make comments to the City Council but that there
would be no action taken at this meeting.
Mr. Lucas added that he was not at this meeting to upset
anyone but that he would like to speak on his behalf to the City
Council.
Mr. Lucas stated that he has been a good employee with
perfect attendance. Any complaints made have been because he has
been too picky and that is because he is proud of the City and how
it looks to the public. Mr. Lucas advised the Council that there
were a few individuals in the audience who wished to speak on his
behalf.
Mr. Barry Siegel addressed the City Council and spoke on
behalf of Mr. Lucas's. He expressed his opinion that Mr. Lucas
has been an asset and he also stated that by eliminating Mr.
Lucas's position and removing Mr. Lucas, the City would suffer a
great loss.
Mr. Lucas asked Mr. Kevin Wilson to comment on his
behalf .
The City Attorney advised that it would not be
appropriate for Mr. Wilson to make any comments at this time.
Mr. Reid Delphy addressed the City Council. Mr. Delphy
commented that he has been doing business in the City for a number
of years and stated that it is also his opinion that Mr. Lucas has
been an asset to the City. He stated he felt that the City will
be suffering a loss as well as the department if Mr. Lucas's
position was eliminated. Mr. Delphy stated that Mr. Lucas always
appears to be fair and adheres to the required state and local
codes. He asked the City Council to reconsider this matter.
Mr. Lucas addressed the City Council and spoke on his
thoughts and feelings about the City.
Mr. Justin Beinforde addressed the City Council and
advised that he has conducted business in the City since 1987,
mainly with apparel manufacturers and commented that he reiterates
what has been said by the others tonight. Mr. Beinforde had
prepared a letter to the Mayor regarding Mr. Lucas which he
submitted to the Chief Deputy City Clerk.
Page 3 of 15
Regular City Council Meeting Minutes
June 20, 2001
Mr. Lucas stated that he had no further comments at this
time but that he would like to address the City Council at their
next meeting. Mr. Lucas again expressed his strong feeling about
the City and stated he also understood that there was or has been
complaints about the building inspector but that he did not
believe such complaints were about him.
The City Clerk announced that now was the time to open a
public hearing to consider a conditional use permit application
submitted by Multi -Link International Corp., to operate a salvage
yard located at 3800 East 26th Street in the City of Vernon.
It was moved by Ybarra, seconded by Davis, to open a
public hearing to consider a conditional use permit application
submitted by Multi -Link International Corp., to operate a salvage
yard at 3800 East 26th Street in the City of Vernon, the time being
5:40 p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter and advised
the City Council that condition "F" should be corrected to be 26th
Street, not Bandini Boulevard.
Mr. Michael Pauls, representative of Multi -Link
addressed the City Council and advised that Multi -Link accepts the
conditions as stated at tonight's meeting. Mr. Pauls also
commented that Multi -Link International Corp. has been doing
business for a number of years and it has been looking to move
into Vernon for quite some time.
The Mayor asked if there were any further questions with
regards with this issue.
There were no further questions.
The Mayor asked if Multi-Link's operation is like the
one on 26th Street.
The Director of Community Services responded that it is
similar, but there that there is no processing at this site, and
that Multi -Link will not be processing plastic.
Councilman Davis advised that there is a bank of
transformers on this site and asked if Multi -Link would be getting
more.
The Director of Community Services and Water responded
that he did not know, and said that perhaps Mr. Pauls could answer
the question.
Mr. Pauls responded that there is sufficient power at
this time.
Mr. Spencer Chan, business owner, thank the City Council
on behalf of Multi -Link.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated June 14, 2001, was presented,
advising that Multi -Link International Corp., has applied for a
Page 4 of 15
Regular City Council Meeting Minutes
June 20, 2001
conditional use permit to operate a salvage yard facility at 3800
East 26th Street.
Transmitted herewith are the following supporting documents:
1. Staff Report
2. Request for conditional use permit and information
supporting the application.
3. Notice of Public Hearing, Notice of Intent, Affidavits
of posting and mailing, and copies of notification
letters to owners and tenants in the area.
4. Environmental Checklist Form and Initial Study.
5. Proposed Negative Declaration.
The project is consistent with the General Plan as adopted by the
City of Vernon and 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.
b. Any hazardous substances used, handled or stored shall
have prior approval from the Vernon Fire and Health Departments.
A Health Permit shall be obtained if there are reportable
quantities of hazardous materials on the site.
C. Servicing of vehicles including washing, steam cleaning,
and repairing shall be performed in facilities in compliance with
appropriate codes.
d. In accordance with the National Pollutant Discharge
Elimination System regulations, Multi -Link shall submit a Notice
of Intent to the State Water Resources Control Board and shall
prepare a prevention plan and monitoring program within the
Board's time limitations.
e. All processing and storage operations shall take place
within the existing buildings. No equipment or materials shall be
stored outside with the exception of pallets or materials stored
within tankers or trailers. Adequate written plans and materials
must be available for cleaning up leaks or spills of plastic
materials or other substances associated with Multi -Link
operations.
Page 5 of 15
Regular City Council Meeting Minutes
June 20, 2001
f. Broken or cracked sidewalk, curb, gutter, or driveway on
Bandi-ni Beu evai-a 26th Street adjacent to the site shall be
repaired as directed by the Director of Community Services and
Water.
g. The entire site shall have a neat and clean appearance
and shall be kept free of dust, mud, weeds, and trash. The site
and surrounding area shall be kept free of all plastic materials
associated with Multi -Link operations including but not limited to
raw materials, processing materials, finished product, pellets,
and waste material.
h. Wastewater generated by the plant operations must be
contained for proper disposal and shall not be discharged onto the
ground surface.
i. The facility shall meet the requirements of any
regulations adopted pursuant to Public Resources Code, Section
43209 and the requirements of any other applicable sections of the
California Integrated Waste Management Act of 1989 (Public
Resources Code, Section 40000, et. Seq.).
j. Multi -Link shall obtain all required federal, state,
local, and regulatory agency permits prior to operation. Prior to
occupancy a business license and occupancy permit shall be
obtained.
k. Multi -Link shall maintain records that include the amount
of waste processed and the name and location of the company that
produced all the plastics processed at this facility to determine
which plastics were collected within the City boundaries.
1. The proponent shall submit an annual report to the
Environmental Health Department on diversion and disposal tonages.
M. All parking and loading facilities shall remain paved
with a hard durable surface material in good repair and shall
remain adequately drained, and kept free of dust, mud, trash, and
weeds. Where parking or maneuvering areas adjoin the public
street, a barrier wall or landscaping shall be installed and
maintained to meet City standards. Adequate on -site parking shall
be maintained so that no on -street parking shall occur.
n. A system shall be established to drain the site to a
clarifier with a rain water diversion valve prior to the discharge
to the storm drain. The on -site storm drain shall be protected
from unauthorized discharge of wastewater.
o. The building shall be repaired so as to prevent the
entrance of rodents.
It was moved by Ybarra, seconded by Davis, to close the
public hearing, the time being 5:55 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated June 14, 2001, and all supporting
documents submitted as evidence during the public hearing be
received and filed and his recommendation approved. Motion
carried.
Page 6 of 15
Regular City Council Meeting Minutes
June 20, 2001
It was moved by Ybarra, seconded by McCormick, that the
City Council hereby determines that the project be consistent with
the General Plan as adopted by the City of Vernon. Motion
carried.
It was moved by Gonzales, seconded by Davis, that the
City Council hereby determines that the project will not have a
significant effect on the environment. Motion carried.
It was moved by Ybarra, 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.
RESOLUTION NO. 7786 - A Resolution Of The City Council
Of The City Of Vernon Granting A Conditional Use Permit To Multi -
Link Int'l. Corp., For The Operation Of A Salvage Yard Facility At
3800 East 26th Street In The City Of Vernon, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7786 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 14, 2001, was presented,
advising that in accordance with Government Section 65400(b),
submitted herewith is the 2001 Annual Report on the Status of the
Vernon General Plan as prepared by the Director of Community
Services and Water. Said Report also meets the requirements of
Section 21081.6 of the California Public Resources Code and it is
hereby recommended that the Report be approved and a Resolution
adopted approving same.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated June 14, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7787 - A Resolution Of The City Council
Of The City Of Vernon Approving and Adopting The Annual Report On
The General Plan For Fiscal Year 2000-2001, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7787 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 14, 2001, was presented,
advising that in accordance with Ordinance No. 1076 (Special
Parcel Tax) it is necessary to take action prior to the beginning
of the new fiscal year to approve a list of properties subject to
the tax.
A revised property list has been prepared and it is hereby
recommended that the tax rate to be imposed on the parcels (per
the attached list) pursuant to Ordinance No. 1076 for fiscal year
2001-2002 remain the same.
Page 7 of 15
Regular City Council Meeting Minutes
June 20, 2001
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated June 14, 2001, be received and filed and his
recommendation approved. Motion carried. The Mayor abstained.
RESOLUTION NO. 7789 - A Resolution Of The City Council
Of The City Of Vernon Determining The Tax On All Parcels Subject
To The Special Parcel Tax Imposed By Ordinance No. 1076 For Fiscal
Year 2001-2002, was presented.
Regular City Council Meeting Minutes
June 20, 2001
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7789 be approved and adopted. Motion carried. The
Mayor abstained.
Communication from Bruce Olson, Chief of Police, dated
May 31, 2001, was presented, requesting authority and funds for
Detective Michael Docherty to attend the "Firearms Instructor"
course at Ventura on July 9th thru 13th, 2001, with an expense
allowance of $519.48 of which POST will reimburse $496.00.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be granted for Detective Michael Docherty to
attend the aforementioned course with an expense allowance of
$519.48. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
May 22, 2001, was presented, requesting authority and funds for
Sergeant Anthony Zack to attend the "Post Symposium on
Recruitment" course at Burbank on July 24th thru 26th, 2001, with an
expense allowance of $48.00 of which POST will reimburse $42.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Sergeant Anthony Zack to attend
the aforementioned course with an expense allowance of $48.00.
Motion carried.
Communication from Bruce Olson, Chief of Police, dated
May 23, 2001, was presented, requesting authority and funds for
the below listed police personnel to attend the "D.A.R.E."
conference at Los Angeles on August 1st thru 3rd, 2001, with an
expense allowance of $232.50 each.
• Inez Aragon, Police Officer
• Daniel Santos, Police Officer
It was moved by McCormick, seconded by Davis, that
authority and funds be granted for the above listed police
personnel to attend the aforementioned conference with an expense
allowance of $232.50 each. Motion carried.
Communication from Steven Parker, Fire Chief, dated June
13, 2001, was presented, requesting authority and funds for the
below listed fire personnel to attend the "California Conference
Arson Investigators 2001 Training" seminar at San Luis Obispo on
July 16th thru 18th, 2001, with an expense allowance of $414.00 and
$736.02 respectively.
• Peter Gantes, Firefighter
• Barry Schoolmeester, Firefighter
Page 8 of 15
Regular City Council Meeting Minutes
June 20, 2001
• Chris Hanson, Fire Engineer
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for the above listed fire personnel
to attend the aforementioned seminar with an expense allowance of
$414.00 and $736.02 respectively. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated June 13, 2001, was presented,
requesting authority and funds for Lyndon Ong Yiu, Environmental
Health Specialist to attend the "Cooperative Personnel Service -
Lead Certificate" seminar at Glendale on July 18th, 2001, with an
expense allowance of $310.00.
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be granted for Environmental Health Specialist
Lyndon Ong Yiu to attend the aforementioned seminar with an
expense allowance of $310.00. Motion carried.
Communication from Steven Parker, Fire Chief, dated June
13, 2001, was presented, requesting authority and funds for the
below listed personnel to attend the "Hazmat Specialist `Upgrade'
Module 1F & 1G" seminar at El Segundo on July 16th thru 261h, 2001,
with an expense allowance of $590.00 each.
• Michael Pinnere, Firefighter
• Curt Corbin, Firefighter
• Kevin Greenway, Firefighter
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted to the above listed fire personnel
to attend the aforementioned seminar with an expense allowance of
$590.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 13, 2001, was presented,
advising that the Utilities Department is requesting to name the
new combined cycle combustion turbine generation project/power
plant as well as the diesels and the old combustion turbines. The
Finance Committee is recommending that the following names be
adopted:
• the diesel engines be designated as Johnson & Heinze
• the new turbines, Malburg
• the old turbines, H. Gonzales
• the substation presently named H. Gonzales be renamed
Malkenhorst; and
• the 16kV feeder presently named Malkenhorst be renamed
Ziemer
It is hereby recommended that the recommendation from the Finance
Committee be approved and adopted.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated June 13, 2001, be received and filed and his
recommendation approved. Motion carried.
Page 9 of 15
Regular City Council Meeting Minutes
June 20, 2001
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 13, 2001, was presented,
transmitting a one-year Water Right License and Agreement with
PABCO Paper Company for the rights to 800 acre-feet of water. The
cost of this water is $253.00 per acre-foot or $202,400.00 total.
This has been reviewed by the Director of Community Services and
the City Attorney, and it is hereby recommended that the Agreement
be approved and the Mayor and City Clerk be authorized to sign the
Agreement.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated June 13, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7788 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Water Right License By And Between The City Of Vernon And PABCO
Paper Company, Which Grants The City Of Vernon A License To
Extract 800 Acre -Feet Of The Allowed Pumping Allocation Of PABCO
Paper Company For The Period July 1, 2001 Through June 30, 2002,
was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7788 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 13, 2001, was presented,
advising that the Utilities Department has advised that in order
to begin construction on the combined cycle power plant project,
the City must obtain licenses from the California Energy
Commission (CEC) and Air Quality Management District (AQMD).
In order to meet the air quality requirements and expedite the
licensing process, it is hereby recommended that the services of
Parsons Engineering Science, Inc., be retained to assist the
Utilities Department in this matter.
The Mayor asked if the City will be able get permitted
quickly as opposed to if it were a U.S. Company.
The Director of Utilities advised that the company is in
the process of operating a site in Texas and another in Minnesota.
The Director of Utilities further advised that he was not sure if
they are fully operational but we do have information on this in
the contract.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated June 13, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7790 - 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 Parsons Engineering Science, Inc. Regarding
The Combined Cycle Power Plant, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7790 be approved and adopted. Motion carried.
Page 10 of 15
Regular City Council Meeting Minutes
June 20, 2001
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 13, 2001, was presented,
advising that the City is seeking to amend the CalPERS Retirement
Plan to include benefits for Section 21362.2 (3% @ 50 Full
Formula) for Police and Fire (safety personnel). The City needs
to adopt a Resolution of Intention and file it with CalPERS by
June 30, 2001 in order to amend its contract on or before June 30,
2002.
This has been reviewed by our Legal Consultant and it is hereby
recommended that a Resolution of Intention to amend the retirement
plan with CalPERS be adopted.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated June 13, 2001, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7785 - A Resolution Of The City Council Of
The City Of Vernon Declaring Its Intention To Approve An Amendment
To The Contract Between The Board Of Administration Of The
California Public Employees' Retirement System And The City
Council Of The City Of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7785 be approved and adopted. Motion carried.
Communication from Gloria J. Orosco, Library Secretary,
dated June 6, 2001, was presented, advising that the term of
Library Trustee William M. McCormick expires on June 30, 2001, and
it is hereby requested that Mr. William M. McCormick be re-
appointed to a new three-year term commencing July 1, 2001.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the Library Secretary, dated
June 6, 2001, be received and filed and her request approved.
Motion carried.
RESOLUTION NO. 7784 - A Resolution Of The City Council
Of The City Of Vernon Reappointing William M. McCormick To Serve As
A Trustee On The Board Of Library Trustees, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7784 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated June 14, 2001, was presented, transmitting the
Agenda for the Regular Personnel Committee meeting to be held June
18, 2001,for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by McCormick, that the
recommendations on the Agenda for the Regular Personnel Committee
meeting held June 18, 2001, be approved. 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
June 7, 2001, for approval of the recommendations contained
therein.
Page 11 of 15
Regular City Council Meeting Minutes
June 20, 2001
It was moved by Davis, seconded by Gonzales, that the
Minutes of the Adjourned Regular Finance Committee meeting held
June 7, 2001, be approved and adopted as submitted. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 14, 2001, was presented, transmitting the
Minutes of the Adjourned Regular Finance Committee meeting held
June 12, 2001, for approval of the recommendations contained
therein.
It was moved by McCormick, seconded by Davis, that the
Minutes of the Adjourned Regular Finance Committee meeting held
June 12, 2001, be approved and adopted as submitted. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 14, 2001, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee meeting to be
held June 18, 2001, for approval of the recommendations contained
therein.
It was moved by Ybarra, seconded by Davis, that the
recommendations on the Agenda for the Adjourned Regular Finance
Committee meeting held June 18, 2001, be approved. Motion
carried.
RESOLUTION NO. 7791 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Maintenance Agreement By And Between The City Of Vernon And
Littlejohn-Reuland Corporation For Machinery At The Vernon Power
Plant, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7791 be approved and adopted. Motion carried.
RESOLUTION NO. 7792 - 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 Raymundo Engineering Company, Inc.
Regarding The Natural Gas Distribution System, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7792 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 1067 covering claims and demands
presented during the period of June lst thru June 14th, 2001, drawn
on Wells Fargo Bank totaling $730,732.91, and includes check Nos.
84010 thru 84306 (inclusive), excluding Utility demands and voided
checks nos., as listed below. (Accounting period June, 2001).
84058 84079 84080 84081 84082 84083
84084 84232
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 1067 be approved and payment authorized for
claims and demands totaling $730,732.91, excluding Utility demands
and voided checks as listed above. Motion carried.
WARRANT REGISTER NO. 1067 covering claims and demands
presented during the period of June lst, thru June 14th, 2001, drawn
on Wells Fargo Bank totaling $3,917,741.98, which includes Utility
Page 12 of 15
Regular City Council Meeting Minutes
June 20, 2001
demands and check Nos. as listed below: (Accounting period June,
2001) :
84011
84012
84013
84014
84024
84028
84036
84057
84061
84072
84076
84078
84096
84097
84103
84107
84108
84111
84119
84123
84126
84131
84136
84139
84147
84153
84158
84166
84171
84179
84180
84185
84186
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It was
moved by
Ybarra, seconded
by McCormick,
that
Warrant
Register
No. 1067
be approved
and payment
authorized for
Utility
claims and
demands
totaling
$3,917,741.98.
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.
PAYROLL WARRANT REGISTER NO. 540 covering claims and
demands presented during the period of April 8th thru May 19th,
2001, drawn on Wells Fargo Bank totaling $2,389,948.16 which
includes demand nos. 7098 thru 7139 (inclusive). (Accounting
period May, 2001).
It was moved by McCormick, seconded by Gonzales, that
Payroll Warrant Register No. 540 be approved and payment
authorized for claims and demands totaling $2,389,948.16. Motion
carried.
The Mayor called a short recess at 6:25 p.m. The City
Council reconvened in regular session at 6:30 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 on Item No. 1.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session on Item No.l, the time being
6:31 p.m. Motion carried.
All persons were excused from closed session with the
exception of the City Clerk, City Attorney, Chief Deputy City
Clerk, Director of Community Services and Water, and Utilityman
III.
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 III, both were excused at 6:34 p.m.
Page 13 of 15
Regular City Council Meeting Minutes
June 20, 2001
It was moved by Ybarra, seconded by Davis, that the City
Council go out of closed session on Item No. 1, the time being
6:35 p.m. Motion carried.
The City Clerk advised that now was the time to go into
closed session on Item Nos. 2 and 3.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session on Item Nos. 2 and 3, the time
being 6:35 p.m. Motion carried.
All persons were excused from closed session with the
exception of the City Clerk, Chief Deputy City Clerk, and the 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 Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(d) Vernon v. All Persons; LASC No. BC 222145;
(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. ERO1-315 (SCE/ISO); FERC Docket No. ERO1-724
(ISO); FERC Docket No. ELO1-41 (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. ELO1-1579
(ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc.
Page 14 of 15
Regular City Council Meeting Minutes
June 20, 2001
et al. v. ISO); ELO1-75 (Vernon v. ISO); USCA No. 01-
1187 (consolidated with 01-1190) (PG&E v. FERC); USCA
No. 01-1193 (Modesto v. FERC);
(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 ELO1-33 (SCE/PX); FERC Docket No. EL01-36
(Coral Power, L.L.C., et al. v. PX); FERC Docket No.
ELO1-37 (SRP & SMUD v. PX);
(r) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E);
(s) FERC Docket No. ELO1-42 (Universal Studios v. Southern
California Edison Company;
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code § 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case(s)
It was moved by Ybarra, seconded by Davis, that the City
Council go out of closed session on Item Nos. 2 and 3, the time
being 6:38 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
discipline as recommended by the Director of Community Services
and Water for the Utilityman III be approved. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the actions by Channing Strother of McCarthy, Sweeney & Harkaway
in intervening in FERC Docket Nos. EL00-95 (SDG&E v. Sellers of
Energy, et al.) and EL00-98 (Investigation of Practices of ISO and
PX) are hereby ratified. Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Ybarra, that the meeting be adjourned to June 27, 2001, at 4:30
p.m., the time being 6:40 p.m. Motion carried.
Leonis C. Mal urg
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
Page 15 of 15