20010822 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR
CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD AUGUST 22, 2001,
AT 5:00 P.M. IN THE COUNCIL CHAMBERS
OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Davis, McCormick
MEMBERS ABSENT: Gonzales
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the City Council Meeting held August 1, 2001 be
approved and adopted as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 9, 2001, was presented,
advising that the below listed employees qualified in the month of
July 2001 for a Perfect Attendance Award. This is awarded to
employees on the basis of a minimum of two (2) years of perfect
attendance:
DOH Employee
Award/Yrs
07/04/99
Sergio Canales
Engineering Aide
2
07/01/90
Ali Nourmohamadian
Fiber Optic and Traffic
Systems Manager
2
07/13/98
David Taylor
Gas Systems
Superintendent
3
11/03/91
Kenneth Jackson
Utilityman IV
4
03/16/86
Jeff Wightman
Utilityman III
7
07/27/92
Richard Sweeney
Resource and Project
Planning Manager
9
07/09/90
Kenneth DeDario
Director of Utilities
11
08/19/84
Luis Reynoso
Utilityman I
14
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.
07/19/99
Carlos Bejines
Police Officer
2
05/16/88
David Lazar
Fire Captain
5
02/26/90
Darren Simpkins
Firefighter
7
12/08/85
Rex Hill
Police Officer
11
07/01/87
Adam Alvarez
Utilityman III
12
12/16/85
Steven Hartsfield
Utilityman II
12
The Mayor called a short recess at 5:10 p.m. The City
Council reconvened at 5:12 p.m., all members present before the
recess again being present.
Police Department Activity Log for the period August 1st
thru 15th, 2001, was presented.
Adjourned Regular City Council Meeting Minutes
August 22, 2001
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period August lst thru 15th�
2001 be received and filed. Motion carried.
Fire Department Activity Report for the period August 1st
thru 15th, 2001, was presented.
It was moved by Ybarra, seconded by McCormick, that the
Fire Department Activity Report for the period August 1st thru 15th,
2001 be received and filed. Motion carried.
Risk Management Report for the month of July 2001, was
presented.
It was moved by Davis, seconded by Ybarra, that the Risk
Management Report for the month of July 2001 be received and
filed. Motion carried.
Health Department Report for the month of July 2001, was
presented.
It was moved by McCormick, seconded by Davis, that the
Health Department Report for the month of July 2001 be received
and filed. Motion carried.
RESOLUTION NO. 7811 - 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 ComSerCo Communications, Inc., (deferred from the August 1,
2001 meeting), was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7811 be approved and adopted. Motion carried.
The City Clerk advised that now was the time for anyone
in the audience who wished to address the City Council on any item
on the Agenda other than with regard to any Public Hearings that
may be listed.
The Mayor asked if there was anyone in the audience
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
the public hearing to obtain testimony on the City of Vernon
Congestion Management Plan as established by the Los Angeles
County Metropolitan Transportation Authority.
It was moved by Ybarra, seconded by McCormick, to open
the public hearing to obtain testimony on the City of Vernon
Congestion Management Plan as established by the Los Angeles
County Metropolitan Transportation Authority, the time being 5:15
p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter. He also
submitted the following:
Page 2 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
1. 2000-2001 Local Implementation Report
2. Notice of Public Hearing, Affidavit of Posting and
Declaration of Publicantion, and a
3. Staff Report
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 9, 2001, was presented,
advising that the Community Services Department has conducted the
studies as required by the Metropolitan Transportation Authority
(MTA) and outlined in the Congestion Management Program (CMP) Land
Use Analysis Program for the City of Vernon. It has been
determined that the attached 2000-2001 Local Implementation Report
is in conformance and it is hereby recommended that the City adopt
a Resolution for self -certification.
The Mayor asked if there were any questions.
There were no questions regarding this matter.
It was moved by Davis, seconded by McCormick, to close
the public hearing, the time being 5:19 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
communication from the City Administrator/City Clerk, dated August
9, 2001 and all supporting documents submitted as evidence during
the public hearing be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7817 - A Resolution Of The City Council
Of The City Of Vernon Finding The City Of Vernon To Be In
Conformance With The Congestion Management Program (CMP) As
Established By The Los Angeles County Metropolitan Transportation
Authority, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7817 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the public hearing with regard to a request for a variance from
Pechiney Cast Plate, Inc., and to obtain testimony from affected
and/or interested persons regarding this application.
It was moved by Davis, seconded by Ybarra, to open the
public hearing with regard to a request for a variance from
Pechiney Cast Plate, Inc., located at 3200 Fruitland Avenue, the
time being 5:20 p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter and
recommended that the hearing be continued to the next City Council
meeting.
The Mayor asked if anyone wished to address the City
Council on this matter.
Mr. Scott Adamson, with Jenkins Gillcrest, addressed the
City Council on behalf of Pechiney Cast Plate, Inc., and stated
that Pechiney's only dispute is that of the time occupancy issue.
He made himself available to respond to any questions anyone may
Page 3 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
have and expressed that he will continue to work with the Director
of Community Services and Water and staff in order to come to a
mutual understanding.
It was moved by Ybarra, seconded by Davis, that the
public hearing with regard to a variance request from Pechiney
Cast Plate, Inc., be continued to the next City Council meeting,
the time being 5:25 p.m. Motion carried.
The City Clerk announced that now was the time to
commence a hearing for the Determination of an Industrial
Disability Retirement application by former Battalion Chief Gary
Wiskus.
It was moved by Ybarra, seconded by McCormick, to
commence with the hearing for the Determination of an Industrial
Disability Retirement application by former Battalion Chief Gary
Wiskus, the time being 5:25 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 9, 2001, was presented,
advising that former Battalion Chief Gary Wiskus retired on a
Service Retirement on December 3, 2000, pending a disability
determination.
Mr. Wiskus was hired as a firefighter on February 1, 1968. In a
report dated April 16, 2001, submitted by Dr. David Landers it was
concluded that Mr. Wiskus cannot perform the essential job
functions of a firefighter, and that it appears appropriate
reasonable accommodation cannot be made to allow him to do so. He
rated him as Permanent & Stationary as of April 10, 2001.
Further information provides that his disability is orthopedic,
that a third party liability does not exist and neither the City
of Vernon nor Mr. Wiskus has applied to the Workers' Compensation
Appeals Board for any determination. Based on Dr. Landers's
medical report it is hereby recommended that the application of
Gary Wiskus for Industrial Disability Retirement be granted
effective December 3, 2000.
The Mayor asked if there were any comments on this
issue.
There were no questions or comments regarding this
issue.
It was moved by McCormick, seconded by Ybarra, to end
the hearing, the time being 5:28 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 9, 2001, and all supporting documents
submitted as evidence during the hearing be received and filed and
his recommendation approved. Motion carried.
RESOLUTION NO. 7821 - A Resolution Of The City Council
Of The City Of Vernon Granting The Disability Retirement Of Gary
A. Wiskus, A Local Safety Member Employed By The City Of Vernon
(Government Code Sections 21154 And 21156), was presented.
Page 4 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7821 be approved and adopted. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated August 6, 2001, was presented,
requesting authority and funds for the below listed personnel to
attend the "12th Annual `Continuing Challenge' Hazardous Materials
Workshop" at Sacramento on September 4th thru 9th, 2001, with an
expense allowance of $1,069.23 and $666.23 respectively:
• Lyndon Ong Yiu, Environmental Health Specialist
• David LeDuff, Environmental Health Specialist
It was moved by McCormick, seconded by Davis, that
authority and funds be granted for the above listed personnel to
attend the aforementioned workshop with an expense allowance of
$1,069.23 and $666.23 respectively. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
August 7, 2001, was presented, requesting authority and funds for
Records Manager Theresa Nicholas to attend the "State Mandated
Cost Claiming Workshop" at Pasadena on September llth, 2001, with
an expense allowance of $56.00.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Records Manager Theresa
Nicholas to attend the aforementioned workshop with an expense
allowance of $56.00. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
August 8, 2001, was presented, requesting authority and funds for
Dispatcher Supervisor Maria Alway to attend the "CLETS User Group
Meeting" at Bakersfield on September 25th, 2001, with an expense
allowance of $64.50.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for Dispatcher Supervisor Maria
Alway to attend the aforementioned meeting with an expense
allowance of $64.50. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
August 7, 2001, was presented, requesting authority and funds for
the below listed personnel to attend the "Less Lethal Munitions
Instructor's Course" at Anaheim on September 15th and 16th, 2001,
with an expense allowance of $241.84 and $220.00 of which POST
will reimburse $37.84 and $16.00 respectively:
• David Rumley, Sergeant
• Michael Docherty, Detective
It was moved by McCormick, seconded by Davis, that
authority and funds be granted for the above listed personnel to
attend the aforementioned course with an expense allowance of
$241.84 and $220.00 respectively. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
August 8, 2001, was presented, requesting authority and funds for
the below listed personnel to attend the "Patrol Officer Legal
Update Course" at Los Angeles on September 24th thru 27th, 2001,
Page 5 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
with an expense allowance of $328.32 of which POST will reimburse
$320.32 each:
• George Salazar, Police Officer
• Brandon Gray, Police Officer
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for the above listed personnel to
attend the aforementioned course with an expense allowance of
$328.32 each. Motion carried.
Communication from Steven Parker, Fire Chief, dated
August 8, 2001, was presented, requesting authority and funds for
the below listed personnel to attend the "12th Annual Continuing
Challenge Hazardous Materials Workshop" at Sacramento on September
4th thru 7th, 2001, with an expense allowance of $864.09 each:
• Pete Torres, Fire Engineer
• Greg Galvan, Firefighter
It was moved by McCormick, seconded by Davis, that
authority and funds be granted for the above listed personnel to
attend the aforementioned workshop with an expense allowance of
$864.09 each. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated August 9, 2001, was presented,
requesting authority and funds for Code Enforcement Inspector Leo
Lee to attend the "Boiler Fundamentals I Seminar" at Costa Mesa on
September 20th, 2001, with an expense allowance of $414.00.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Code Enforcement Inspector Leo
Lee to attend the aforementioned seminar with an expense allowance
of $414.00. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
August 7, 2001, was presented, requesting authority and funds for
Marianne Vazquez, Police Records Clerk, to attend the Records
Clerk Course at San Diego on September 24th thru 28th, 2001, with an
expense allowance of $1,088.70.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for Police Records Clerk Marianne
Vazquez to attend the aforementioned course with an expense
allowance of $1,088.70. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 7, 2001, was presented,
advising that Kal Kan Foods, Inc., is requesting a one-year
extension for their two temporary office trailers permit located
at 3250 East 44th Street.
They have stated that the expansion of their building has been
revised requiring additional alterations and increasing the time -
frame of the use of their temporary office trailers' to January
2002. This has been reviewed by the Director of Community
Services and Water, and it is hereby recommended that the trailer
permit for Kal Kan Foods, Inc., be extended to July 7, 2002.
Page 6 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
It was moved by Ybarra, seconded by McCormick, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 7, 2001 be received and filed and his
recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 8, 2001, was presented,
transmitting a Master Services Contract, Schedule A Intrastate
Transmission Service for the transportation of gas for the H.
Gonzales Generating Station. This contract has been reviewed by
the Director of Utilities and our City Attorney and it is hereby
recommended that the contract by and between the City of Vernon
and Southern California Gas Company be approved and executed.
It was moved by McCormick seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 8, 2001 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7814 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Master Services Contract Schedule A Intrastate Transmission
Service By And Between The City Of Vernon And Southern California
Gas Company, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7814 be approved and adopted. Motion carried.
Communication from Samuel K. Wilson, Director of
Community Services dated August 13, 2001, was presented,
requesting authority & funds for Wenceslao "Pepe" Reynoso, Code
Enforcement Inspector, to attend a seminar entitled "Seminar 380I"
at Alhambra, on September loth and llth, 2001, with an expense
allowance of $137.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Code Enforcement Inspector
Wenceslao "Pepe" Reynoso to attend the aforementioned seminar with
an expense allowance of $137.00. Motion carried.
Communication from Ken DeDario, Director of Utilities,
dated August 14, 2001, was presented, requesting authority and
funds for Matthew Daniels, Senior Substation Technician, to attend
the "High Voltage (OSHA) Electrical Safety Seminar" at Los
Angeles, on August 27th and 28th, 2001, with an expense allowance of
$835.00.
It was moved by McCormick, seconded by Davis, that
authority and funds be granted for Senior Substation Technician
Matthew Daniels to attend the aforementioned seminar with an
expense allowance of $835.00. Motion carried.
Communication from Steven Parker, Fire Chief, dated
August 15, 2001, was presented, requesting authority and funds for
the below listed fire personnel to attend the "Swift Water Rescue
Tech 1 Class" at Anaheim, on September 17th through 19th, 2001, with
an expense allowance of $200 each.
Page 7 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
• Fire Captain Stephen Agon
• Firefighter Lawrence Muno
• Firefighter Derek Meyer
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for the above listed personnel to
attend the aforementioned class with an expense allowance of
$200.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 16, 2001, was presented,
advising that the Department of Community Services has been
reviewing the matter of repair of the gas main couplings installed
in Phase I of the gas project.
Both the Utilities Department and the Community Services
Department have reviewed this and have determined that Henkels &
McCoy, Inc. are the most qualified candidates based on their past
performance and rates. It is hereby recommended that Henkels &
McCoy, Inc. be retained to perform the work on the repair of the
gas couplings and that an agreement on a time & material basis be
approved and executed.
Councilman Davis asked how many couplings are there.
The Director of Community Services and Water answered
that there are approximately 200 couplings.
Councilman Davis asked where are the areas.
The Director of Community Services and Water responded
that the couplings are located between Vernon Avenue, Soto Street,
Fruitland Avenue, and Downey Road.
Councilman Davis asked if they will dig all the streets
up.
The Director of Community Services and Water responded
that they know the vast majority of the sites as to where to find
the couplings, but that there are about six or seven locations in
which they have to utilize a video scope to be able to locate them
and take the necessary action. The Director of Community Services
and Water also advised that the streets were originally potholed
to place the couplings. These potholed areas will have to be
reopened.
The Mayor asked how far are the couplings from one
another.
The Director of Community Services and Water responded
that it depends on where the valves are located, but that they are
typically approximately 600 feet apart from one another.
The Mayor asked if the couplings are close to the curb.
The Director of Community Services and Water responded
that it depends, but that most of them are in the center of the
street. He also stated that by completing this phase the back-
bone of the gas system will be concluded.
Page 8 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
It was moved by McCormick, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 16, 2001 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7822 - 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 Henkels And McCoy,
Inc. For The Removal And Reinstallation Of Failed Couplings, was
presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7822 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 16, 2001, was presented,
advising that The Union Pacific Railroad Company, New TCB
Corporation, and Vernon Management Company are owners of three
adjoining parcels of land located on the south side of 25th Street
west of Santa Fe Avenue.
On their behalf Dynamic Builders, Inc., is requesting an
adjustment of the boundary lines between the parcels. The
adjustment will result in portions of land being transferred from
Union Pacific Railroad Company to New TCB Corporation and also to
Vernon Management Company.
This has been reviewed by the Director of Community Services and
it is hereby recommended that the Lot Line Adjustment be granted.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 16, 2001 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7816 - A Resolution of the City Council
of the City of Vernon Granting a Lot Line Adjustment Requested by
New TCB Corporation, Vernon Management Company and Union Pacific
Railroad Company, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 7816 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 16, 2001, was presented,
advising that in accordance with the city's Sexual Harassment
policy the city provides on -going training in prevention of sexual
harassment. Staff has reviewed a proposal submitted by Albright,
Yee & Schmit, LLP, for such training at a cost of $22,000 for a
total of twelve (12) individual sessions. It is hereby recommended
that the city retain their services at a cost of $22,000.
It was moved by McCormick, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 16, 2001 be received and filed and his
recommendation be approved. Motion carried.
Page 9 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
RESOLUTION NO. 7815 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Letter Agreement For Sexual Harassment And Discrimination
Prevention Seminars By And Between The City Of Vernon And Law Firm
Of Albright, Yee & Schmit, LLP, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7815 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 16, 2001, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting to be
held August 21, 2001 for approval of the recommendations contained
therein.
It was moved by McCormick, seconded by Ybarra, that the
recommendations listed on the Agenda for the Adjourned Regular
Personnel Committee Meeting held August 21, 2001 be approved.
Motion carried.
RESOLUTION NO. 7819 - A Resolution Of The City Council
Of The City Of Vernon Amending Resolution No. 7796 By Amending
Schedule II, Exhibit "B" Of Said Resolution Which Fixed The
Compensation For Certain Employees Of Said City And Authorized
Certain Expense Allowances, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 7819 be approved and adopted. Motion carried.
Communication from Kenneth DeDario, Director of
Utilities, dated July 31, 2001, was presented, requesting
authority and funds for Systems Coordinator I Armando Hinojos, to
attend the "Western Systems Coordinating Council Dispatcher
Training Session I" at Salt Lake City on September llth thru 14th,
2001, with an expense allowance of $1,249.60.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Systems Coordinator I Armando
Hinojos to attend the aforementioned seminar with an expense
allowance of $1,249.60. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated August 16, 2001, was presented, transmitting the
Minutes of the Regular Finance Committee Meeting held August 7,
2001 for approval of the recommendations contained therein.
It was moved by Davis, seconded by McCormick, that the
Minutes of the Regular Finance Committee Meeting held August 7,
2001 be approved and adopted. Motion carried.
RESOLUTION NO. 7807 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
An Agreement To Provide Mandated Cost Claiming Services By And
Between The City Of Vernon And DMG-MAXIMUS For Fiscal Years 2001-
2004, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7807 be approved and adopted. Motion carried.
Page 10 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
Communication from Bruce V. Malkenhorst, Director of
Finance, dated August 16, 2001, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting to be
held August 21, 2001 for approval of the recommendations contained
therein.
It was moved by Davis, seconded by Ybarra, that the
recommendations listed on the Agenda for the Adjourned Regular
Finance Committee Meeting held August 21, 2001 be approved.
Motion carried.
RESOLUTION NO. 7818 - A Resolution Of The City Council
Of The City Of Vernon Amending Resolution No. 7795, Which Approved
A Budget For The Fiscal Year 2001-2002, To Reflect Changes, was
presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7818 be approved and adopted. Motion carried.
RESOLUTION NO. 7820 - 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 TECS Environmental Compliance Services, was
presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7820 be approved and adopted. Motion carried.
RESOLUTION NO. 7823 - 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 Gas Packagers, Inc. Regarding The Malburg Generating Station
Project, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7823 be approved and adopted. Motion carried.
The City Clerk announced that the following Resolution
should be deferred to the next City Council Meeting.
RESOLUTION NO. 7824 - 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 Custom Instrumentation Services Corporation Regarding The
Malburg Generating Station Project
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7824 be deferred to the next City Council meeting.
WARRANT REGISTER NO. 1072 covering claims and demands
presented during the period of July 27, 2001 through
August 15, 2001, drawn on Wells Fargo Bank totaling $582,406.11,
which includes demand Nos. 200051 through 200298 (inclusive), with
no voids and excluding Utilities Demands as listed below.
(Accounting period August 2001).
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 1072 be approved and payment authorized for claims
and demands totaling $582,406.11, excluding Utility demands and
voided checks as mentioned above. Motion carried.
Page 11 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
WARRANT REGISTER NO. 1072 covering claims and demands
presented during the period of July 27, 2001 through August
15, 2001, drawn on Wells Fargo Bank totaling $1,805,924.88 which
includes Utilities Demand Nos. as listed below. (Accounting period
August 2001).
200051
200052
200053
200054
200055
200056
200057
200064
200066
200068
200078
200079
200080
200081
200083
200090
200097
200099
200112
200121
200122
200123
200127
200132
200139
200144
200145
200146
200150
200151
200153
200155
200161
200168
200171
200173
200176
200177
200181
200189
200191
200193
200196
200203
200210
200215
200216
200219
200220
200221
200229
200230
200231
200235
200237
200240
200241
200242
200255
200256
200257
200266
200269
200274
200284
200287
200295
It was moved by McCormick, seconded by Ybarra, that
Warrant Register No. 1072 be approved and payment authorized for
Utility claims and demands totaling $1,805,924.88. Motion
carried. Councilman Davis abstained from voting and disqualified
himself because it is reasonably foreseeable that his decision may
have a material financial effect on his source of income.
PAYROLL WARRANT REGISTER NO. 542 covering claims and
demands presented during the period of June 29, 2001 through July
26, 2001. Drawn on Wells Fargo Bank totaling $1,750,614.87, which
includes demand Nos. 7177 through 7217 (inclusive). (Accounting
period, July 2001).
It was moved by Ybarra, seconded by Davis, that Payroll
Warrant Register No. 542 be approved and payment authorized for
claims and demands totaling $1,750,614.87. Motion carried.
The Mayor called a short recess at 6:07 p.m. The City
Council reconvened in regular session at 6:16 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 Davis, seconded by Ybarra, that the City
Council go into closed session on Item No. 1, the time being 6:17
p.m. Motion carried.
All persons were excused from closed session with the
exception of the Chief of Police, Police Captain, Assistant to the
Chief Deputy City Clerk, Chief Deputy City Clerk, City Clerk, and
the City Attorney.
The Mayor ordered all communications to and from closed
session deemed privileged and confidential.
Page 12 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
The Chief of Police and Police Captain were both
dismissed at 6:30 p.m.
It was moved by McCormick, seconded by Davis, that the
City Council go out of closed session and resume regular session,
the time being 6:30 p.m. Motion carried.
The City Clerk announced that now was the time for the
City Council to go into closed session on Item Nos. 2 and 3.
It was moved by Ybarra, seconded by McCormick, that the
City Council go into closed session on Item Nos. 2 and 3, the time
being 6:31 p.m. Motion carried.
All persons were excused from closed session with the
exception of the City Clerk, Chief Deputy City Clerk, Assistant to
the Chief 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 §
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; Shell Chemical Company, et al. v. County of
Los Angeles, et al., USDC Case No. 00-01917 MRP (MANx);
Phillips Petroleum Company, et al., v. County of Los
Angeles, et al., USDC Case No. CV00-01938 MRP (MANx);
(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) Paveco Construction, Inc. v. Valley Engineers, Inc., et
al., LASC Case No. BC 236933;
(i) 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;
(j) 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;
(k) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98-
3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC
Page 13 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
Docket No. EL00-105 (ISO); FERC Docket No. ELO1-14-000
(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. EL01-1579
(ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc.
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); FERC Docket No. EL00-95
(SDG&E v. Sellers of Energy, et al.) consolidated with
FERC Docket No. EL00-98; FERC Docket Nos. RT01-82
(SDG&E), RT01-83 (PG&E), RTO1-85 (ISO) and RT01-92
(SCE); SRP v. ISO, FERC Docket No. ELO1-84; City of
Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-
198-00758-00 04 JTJ-R;
(1) The Burlington Northern and Santa Fe Railway Company v.
City of Vernon; USDC No. CV-00-12891 NM (AJWx);
(m) Sterling Davis v. City of Vernon, et al., USDC No. CV-
01-01602 DDP (AJWx);
(n) City of Corona v. All Persons, etc. et al., RSC Case No.
351283;
(o) Cities of Arcadia, et al. v. The California Regional
Water Quality Control Board, etc., et al., LASC No BC
245633;
(p) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. ELO1-36
(Coral Power, L.L.C., et al. v. PX); FERC Docket No.
ELO1-37 (SRP & SMUD v. PX);
(q) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E);
(r) FERC Docket No. EL01-42 (Universal Studios v. Southern
California Edison Company;
(s) Utility Boring v. Vernon; LASC Case No. VC 032553;
(t) A-1 Steel Fence Co., Inc. v. Amelco Construction, et
al., LASC (SE District) No. 01C00602;
(u) Central and West Basin Water Replenishment District,
etc., v. Charles E. Adams, et al, LASC No. C 786656;
M Gerald Dressen v. Vernon; WCAB No. MON 0262992; MON
0262994;
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 and resume regular session, the
time being 6:35 p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that
discipline as recommended by the Chief of Police for the Police
Officer be approved. Motion carried.
Page 14 of 15
Adjourned Regular City Council Meeting Minutes
August 22, 2001
There being no further business to come before the City
Council, it was moved by McCormick, seconded by Davis, that the
meeting adjourn, the time being 6:38 p.m. Motion carried.
teonis C. Malb rg y
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
Page 15 of 15
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 AUGUST 15, 2001, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA, TO AUGUST 22, 2001, AT 5:00 P.M.
City Clerk
J-117.4 ,, '. ) d d.6 AV-g-2
By:
Gloria J. 0 osco
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 /4�94C day
of August 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: O�/
loria J. Oro
Chief Deputy eity Clerk