20011213 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY
COUNCIL MEETING OF THE CITY OF VERNON
HELD DECEMBER 13, 2001, AT 4:30 P.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis
MEMBERS ABSENT: McCormick
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 November 28, 2001 be
approved and adopted as submitted. Motion carried.
The City Clerk announced that now was the time to present
service pins to the following employees:
Elizabeth Sawickis Assistant Records
Manager 25 years
Kenneth Jackson Utilityman IV 10 years
Claudia Arellano Secretary to the
Director of Community
Services and Water 10 years
The Mayor presented the service pins to the above listed
employees and extended congratulations on behalf of the entire City
Council.
The Mayor called a short recess at 4:40 p.m. The City
Council reconvened at 4:42 p.m., all members present before the
recess again being present.
Police Department Activity Log for the period November 16
through 30, 2001, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period November 16 through
30, 2001 be received and filed. Motion carried.
Fire Department Activity Report for the period November 16
through 30, 2001, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period November 16 through
30, 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 who wished to address
the City Council at this time.
There was no one wishing to address the City Council at
this time.
Adjourned Regular City Council Meeting Minutes
December 13, 2001
The City Clerk announced that now was the time to continue
the public hearing to consider a request from United Parcel Service,
Inc., to allow the applicant to operate a trucking terminal at 2600
Soto Street, Vernon, California. (Continued from the City Council
meeting held November 28, 2001).
The Director of Community Services and Water addressed the
City Council and reminded them that this hearing was continued from
the meeting held November 28, 2001, to address the traffic during
peak hours and briefly summarized this matter. He also advised that
conditions o through p are being added to the conditional use permit
in order to improve the traffic movement on 26th Street.
Communication from Kevin Wilson, Director of Community
Services and Water, dated November 15, 2001, was presented, advising
that United Parcel Service, Inc., has applied for a conditional use
permit to operate a truck terminal at 2600 Soto Street.
Submitted 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, copies of notification letter to
owners and tenants in the area, and affidavits of posting
and mailing.
The project is categorically exempt from the California
Environmental Quality Act because it is an existing facility as
described in Section 15301.
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 a Notice of Exemption be filed with
the County Clerk and 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 and regulations, and
subject to permit fees as adopted by the City of Vernon. All
trucking operations, including truck and trailer parking, shall be
limited to the lot located at 2600 Soto Street or within existing
properties currently occupied by United Parcel Service in the City
of Vernon.
b. All required federal, state, local, and regulatory agency
permits shall be obtained prior to operation. Prior to occupancy, a
business license and occupancy permit shall be obtained.
C. All parking and loading facilities shall be paved with a
hard durable surface material and shall be adequately drained, kept
free of dust, mud, trash, and weeds. Where parking or maneuvering
Page 2 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
areas adjoin the public street, a barrier wall or landscaping shall
be installed and maintained to meet City Standards. The wall or
landscape strip shall be placed in accordance with the City of
Vernon setback requirements. Adequate onsite parking shall be
maintained so that off-street parking will not occur.
d. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances. The
property shall be provided with adequate refuse containers and
refuse disposal services.
e. The proposed site shall be structurally maintained to
exclude rodents and maintained rodent free.
f. Servicing of vehicles including washing, steam cleaning,
and repairing shall be performed in facilities in compliance with
appropriate codes.
g. No equipment, freight or materials such as but not
limited to hazardous materials, hazardous waste, refuse, tires,
batteries or abandoned vehicles shall be stored onsite other than in
buildings, trailers, or docks approved by the City of Vernon for
such use.
h. A National Pollutant Discharge Elimination System Permit
shall be obtained from the California State Board of Water
Resources, if required.
i. Adequate plans and materials must be available for
handling leaks or spills from vehicles during storage or
transportation.
j. A hazardous material permit shall be obtained from the
City of Vernon Environmental Health Department if hazardous
materials/waste are used handled or stored. Hazardous
materials/waste shall be handled and managed in compliance with all
appropriate federal, state, and local laws.
k. The facility shall be operated in a manner that will not
impede traffic on Soto Street and/or 26th Street.
1. All existing cracked sidewalks, curbs, and gutters
adjacent to the site in Soto Street or 26th Street shall be repaired
and maintained in compliance with City Standards.
M. Within two years a permanent guard shack with restroom
facilities shall be constructed at 2600 Soto Street. UPS shall
obtain a temporary trailer permit for the portable guard shack.
This temporary guard shack shall have restroom facilities.
n. The project site on 26th Street shall be widened by 22
feet in the easterly direction for an overall driveway width of 50
feet.
o. United Parcel Service shall either hire a license
contractor or pay the City restripe 26th Street to install a two way
left turn median on 26th Street from 2600 Soto Street to
approximately 200 feet east of the subject site to City standards.
Existing striping shall be removed to City's satisfaction.
Page 3 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
p. A setback line shall be established in which no
improvements shall be constructed within the northerly 15 feet of
the subject property. Additionally the setback shall be along a 50-
foot strip and the east line of Soto Street. The setback is
required for the future widening of 26th Street.
q. Truck volumes into and out of the 2600 Soto Street site
shall not exceed the volumes submitted in the UPS traffic report.
It was moved by Gonzales, seconded by Davis, to close the
public hearing for United Parcel Service, the time being 5:05 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 November 15, 2001, memo dated December 12, 2001,
and all supporting documents submitted as evidence during the public
hearing be received and filed and his recommendation approved.
Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
City Council hereby determines that the project is consistent with
the General Plan as adopted by the City of Vernon. Motion carried.
It was moved by Davis, seconded by Ybarra, that the City
Council hereby determines that the project will not have a
significant effect on the environment. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
City Council hereby determines that the project will not
individually or cumulatively have an adverse effect on wildlife
resources. Motion carried.
It was moved by Ybarra, seconded by Davis, that a Notice
of Exemption be filed with the County Clerk and the conditional use
permit be granted subject to the conditions listed above. Motion
carried.
RESOLUTION NO. 7870 - A Resolution Of The City Council of
The City Of Vernon Granting A Conditional Use Permit For United
Parcel Service, Inc. For The Operation Of A Trucking Terminal At
2600 Soto Street, (continued from the Council meeting held November
28, 2001), was presented, was presented.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 7870 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open the
public hearing to consider the conditional use permit application
requested by Exxon Mobil, Corp., to operate a petroleum related -use
facility at 2709 East 37th Street, Vernon, California.
It was moved by Gonzales, seconded by Davis, to open the
public hearing to consider a conditional use permit application
requested by Exxon Mobil, Corp., the time being 5:05 p.m. Motion
carried.
Page 4 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
The Director of Community Services and Water addressed the
City Council and briefly summarized this matter and made a brief
slide presentation.
Communication from Kevin Wilson, Director of Community
Services and Water, dated December 5, 2001, was presented, advising
that Exxon Mobil Corp. has applied for a conditional use permit to
operate a petroleum related use at 2709 East 37th Street in the City
of Vernon.
Submitted 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, copies of notification
letters to owners and tenants in the area,
affidavits of posting and mailing, and Notice of
Rescheduled Public Hearing.
The project is consistent with the General Plan as adopted by the
City of Vernon.
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 significant environment effects on the proposed
project have been considered.
3. That the project will not individually or cumulatively
have an adverse effect on wildlife resources.
It is further recommended that the City Council adopt the findings
of the project and the Statement of Overriding Consideration as
described in the Staff Report, and 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, and regulations and
subject to permit fees and taxes 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 from the Health Department 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. All storage operations shall take place within the
proposed site. No equipment or materials shall be placed or stored
outside. Adequate written plans and materials must be available for
cleaning up leaks or spills of petroleum, gasoline or other
substances associated with the Exxon Mobil operation. Installation
of equipment shall utilize the best available technology. The tanker
unloading areas shall be provided with containment area to catch any
spilled materials.
Page 5 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
e. Broken or cracked sidewalk, curb, gutter or driveway on
37th Street adjacent to the site shall be repaired as directed by
the Director of Community Services and Water.
f. Exxon Mobil shall obtain all required federal, state,
local, and regulatory agency permits prior to operation. Exxon Mobil
upon completion of project shall submit amendments to the Hazardous
Materials Inventory Permit, Spill Prevention Control and
Countermeasures Plan, and the Regional Water Control Board's Storm
Water Discharge. Prior to occupancy a business license and occupancy
permit shall be obtained.
g. All parking and loading facilities shall remain paved
with a hard durable surface material, be kept in good condition, 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 off-street parking will not occur.
h. The facility shall be operated in such a manner that
noise and vibration shall not be a nuisance to neighborhood
properties. Noise shall not, at anytime, exceed 65db or vibration
exceed four hundredths of an inch per second particle velocity when
measured at the property line.
i. Plans for improvements to the facility and construction
of structures shall be submitted to both the Department of Community
Services and Health Department of the City of Vernon for review and
approval.
j. The facility's building shall be structurally
maintained to exclude rodents and be maintained rodent free.
k. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
1. Exxon Mobil shall complete the Health Risk Assessment
required by the Vernon Health Department to determine the potential
health impacts from any soil contamination on the subject site. The
Risk Assessment shall be completed by Exxon Mobil and submitted to
the Health Department within two years of the date this conditional
use permit is approved. Upon the Health Departments approval of the
Health Risk Assessment, any necessary remediation activities as
determined by the Health Department, shall be performed by Exxon
Mobil in accordance with the time schedule provided by the Health
Department.
m. Exxon Mobil shall install and maintain devices to
detect leaks and spills, shall construct a berm or containment area
to retain any spills, shall post signs indicating procedures for
spill reporting, and shall maintain an approved spill prevention and
response plan. All new and remodeled locations shall be properly
labeled with appropriate warning labels.
n. Exxon Mobil shall maintain on -site fire -fighting
materials used specifically for hydrocarbon fires in a quantity and
location specified by the Fire Department. Exxon Mobil shall design
a fire protection system in accordance with the U.F.C. Standard 79-1
and provide and maintain two Mobil fire monitors stored on -site.
Page 6 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
Exxon Mobil shall provide fire -fighting personnel to perform
technical assistance from the Torrance facility when requested by
the Vernon Fire Department.
o. Exxon Mobil shall have all existing aboveground tanks
containing diesel and gasoline fuels inspected according to South
Coast Air Quality Management District ("SCAQMD") standards (Rule
463), by a certified inspector twice annually, and shall be
maintained in accordance with state and federal laws and the latest
A.P.I. standards.
p. Exxon Mobil shall obtain all permits from the
("SCAQMD") prior to operating the facility. Exxon Mobil shall
maintain an NPDES Permit with the State Water Resources Control
Board, unless otherwise exempted.
q. Exxon Mobil shall obtain a pole lease agreement with
the Vernon Utilities Department for all unauthorized facility cables
attached on Vernon poles or removal the attachments. All attachments
shall be made to comply with G.O.95 standards.
r. Exxon Mobil owned power poles shall be made to comply
with the 1996 National Electrical Code (NEC).
The City Clerk asked how much revenue would be generated
by granting the conditional use permit.
The Director of Community Services and Water advised that
roughly 11 million would be added to the property tax roll.
Councilman Davis asked if Exxon Mobil would be using
underground lines coming from Torrance to Vernon.
The Director of Community Services and Water responded
that Exxon will be using underground lines coming from their
refinery in the City of Torrance to their plant in Vernon.
It was moved by Gonzales, seconded by Ybarra, to close the
public hearing, the time being 5:20 p.m. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the Director of Community Services
and Water, dated December 5, 2001, and all supporting documents
submitted as evidence during the public hearing be received and
filed and his recommendation approved. Motion carried.
It was moved by Gonzales, seconded by Davis, that the City
Council hereby determines that the project is consistent with the
General Plan as adopted by the City of Vernon. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
City Council hereby determines that the significant environment
effects on the proposed project have been considered. Motion
carried.
It was moved by Davis, seconded by Gonzales, that the City
Council hereby determines that the project will not individually or
cumulatively have an adverse effect on wildlife resources. Motion
carried.
Page 7 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
It was moved by Ybarra, seconded by Gonzales, that the
City Council adopt the findings of the project and a Statement of
Overriding Consideration as described in the Staff Report, and that
a conditional use permit be granted subject to the conditions listed
above. Motion carried. The Mayor abstained from voting.
RESOLUTION NO. 7879 - A Resolution Of The City Council Of
The City Of Vernon Granting A Conditional Use Permit To Exxon Mobil
Corporation For The Operation Of A Petroleum Related Use Located At
2709 East 37th Street In The City Of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 7879 be approved and adopted. Motion carried. The Mayor
abstained from voting.
The City Clerk announced that now was the time to open a
hearing for the Determination of an Industrial Disability Retirement
application by former Fire Captain Gerald Dressen.
It was moved by Gonzales, seconded by Davis, to open the
hearing for the Determination of an Industrial Disability Retirement
application by former Fire Captain Gerald Dressen. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 6, 2001, was presented,
advising that former Fire Captain Gerald Dressen retired on February
15, 2000 pending a disability determination on an Industrial
Disability Retirement application that was filed on October 15,
1999.
Mr. Dressen was hired by the Vernon Fire Department on February 1,
1965. According to his file, Mr. Dressen suffered various
industrial injuries throughout his career with the City. In a
report submitted by Dr. Hohl, dated January 12, 2001, Mr. Dressen is
found to be permanent stationary. The overall disability rating for
Mr. Dressen's orthopedic injuries was determined to be 91%, based on
Mr. Dressen's low back, hip, and bilateral shoulder injuries. There
is no third party liability.
Based on Dr. Hohl's medical report, it is hereby recommended that
the application of Gerald Dressen for Industrial Disability
Retirement be granted effective February 15, 2000.
It was moved by Gonzales, seconded by Ybarra, to close the
hearing, the time being 5:24 p.m. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City Clerk,
dated December 6, 2001, and all supporting documents submitted as
evidence during the hearing be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7882 - A Resolution Of The City Council Of
The City Of Vernon Granting The Disability Retirement Of Gerald 0.
Dressen, A Local Safety Member Employed By The City Of Vernon
(Government Code Sections 21154 And 21156), was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7882 be approved and adopted. Motion carried.
Page 8 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
Communication from Steven Parker, Fire Chief, dated
November 29, 2001, was presented, requesting authority and funds for
the below listed personnel to attend the "Company Officer Academy
Class" at Los Angeles on January 14 through 18, 2002, with an
expense allowance of $100.00 each.
• Michael Langer, Fire Captain
• Michael Roche, Fire Captain
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for the above listed personnel to
attend the aforementioned class with an expense allowance of $100.00
each. Motion carried.
Communication from Steven Parker, Fire Chief, dated
November 29, 2001, was presented, requesting authority and funds for
Fire Captain David Moore to attend the "Multi -Agency Regional Truck
Academy" at Riverside on January 14 through 24, 2002, with an
expense allowance of $500.00.
It was moved by Davis, seconded by Ybarra, that authority
and funds be approved for Fire Captain David Moore to attend the
aforementioned academy with an expense allowance of $500.00. Motion
carried.
Communication from Steven Parker, Fire Chief, dated
November 29, 2001, was presented, requesting authority and funds for
the below listed personnel to attend the "Rescue Systems I Class" at
Anaheim on January 14 through 18, 2002, with an expense allowance of
$250.00 each.
• Matt Brunsmann, Firefighter
• Jason Haugen, Firefighter
• Scott Metz, Firefighter
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for the above listed personnel to
attend the aforementioned class with an expense allowance of $250.00
each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
November 20, 2001, was presented, requesting authority and funds for
Dispatcher Supervisor Maria Alway to attend the "California National
Emergency Number Association Conference" at Garden Grove on January
30 through February 1, 2002, with an expense allowance of $279.40 of
which the State 911 Program will reimburse the entire amount.
It was moved by Ybarra, seconded by Davis, that authority
and funds be approved for Dispatcher Supervisor Maria Always to
attend the aforementioned conference with an expense allowance of
$279.40. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
November 27, 2001, was presented, requesting authority and funds for
Vernon Service Officer Jose Ramos to attend the "Corrections Officer
Core Course" at Orange on January 2 through February 6, 2002, with
an expense allowance of $828.00 of which the Standards in Training
for Corrections Program will reimburse the entire amount.
Page 9 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for Vernon Service Officer Jose
Ramos to attend the aforementioned course with an expense allowance
of $828.00. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 19, 2001, was presented,
advising that in order to commence the financial structuring of the
bond financing for the Malburg Generating Station Project a letter
agreement with Banc of America is being recommended to begin the
process of formulating the financing plans.
The proposed letter agreement will have a provision that allows the
City to cancel without cause. This has been reviewed by the City's
Financial Legal Counsel and it is hereby recommended that a letter
agreement with Banc of America be approved and executed.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City Clerk,
dated November 19, 2001 be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7878 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of A
Letter Agreement By And Between The City Of Vernon And Banc Of
America Securities LLC Regarding The Malburg Generating Station
Project, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7878 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 29, 2001, was presented,
advising that on August 1, 2001, this legislative body approved and
authorized the filing of various documents with the California
Energy Commission (CEC).
After further review by staff and Legal Counsel, it is hereby
recommended that Resolution No. 7812 adopted August 1, 2001 be
amended to approve the filing of an Expedited Application for
Certification with the CEC.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City Clerk,
dated November 29, 2001 be received and filed and his recommendation
approved. Motion carried.
RESOLUTION NO. 7877 - A Resolution Of The City Council
Of The City Of Vernon Amending Resolution No. 7812, Which Approved
And Authorized The Filing Of An Application For Certification And
Related Documents With The California Energy Commission Regarding
The Malburg Generating Station And Authorized The City To Do All
Other Actions Deemed Necessary Or Advisable Concerning The
Application Process, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7877 be approved and adopted. Motion carried.
Page 10 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
The City Clerk advised that the following communication
should be deferred to the next meeting.
Communication from Kevin Wilson, Director of Community
Services and Water, dated December 5, 2001, transmitting a fully
executed Grant Deed and a Grant of Easement from ALCOA DRP
Associates, L.L.C. and ALCOA LHP Associates, L.L.C. The Grant Deed
is for a portion of property approximately 1400 square feet in size,
located on the west side of Alcoa Avenue approximately 175 feet
south of Leonis Boulevard in the City of Vernon. The property will
be used for street purposes. The Grant of Easement is for a portion
of property approximately 432 square feet in size, located on the
west side of Alcoa Avenue, approximately 199 feet south of Leonis
Boulevard in the City of Vernon. The property will be used for
utility purposes.
It is recommended that the Grant Deed and Grant of Easement be
accepted, the Certificates of Acceptance be approved, and the Mayor
and City Clerk be authorized to sign.
It was moved by Davis, seconded by Gonzales, that the
above listed communication from the Director of Community Services
and Water, dated December 5, 2001 be deferred to the next meeting.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated December 6, 2001, was presented, transmitting the
agenda for the Adjourned Regular Personnel Committee meeting to be
held December 11, 2001 for approval of the recommendations contained
therein.
It was moved by Ybarra, seconded by Gonzales, that the
recommendations on the agenda for the Adjourned Regular Personnel
Committee Meeting held December 11, 2001 be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated December 6, 2001, was presented, transmitting the
agenda for the Regular Finance Committee meeting to be held December
11, 2001 for approval of the recommendations contained therein.
It was moved by Davis, seconded by Gonzales, that the
recommendations on the agenda for the Regular Finance Committee
Meeting held December 11, 2001 be approved. Motion carried.
RESOLUTION NO. 7880 - A Resolution Of The City Council Of
The City Of Vernon Approving And Authorizing The Execution Of A
Vehicle Purchase Contract By And Between The City Of Vernon And
Seagrave Fire Apparatus, was presented.
The Mayor asked if the existing engines were going to be
declared surplus.
The Fire Chief responded that the engines will be declared
surplus in the future.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 7880 be approved and adopted. Motion carried.
Page 11 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
RESOLUTION NO. 7881 - 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 GE
Industrial Systems, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7881 be approved and adopted. Motion carried.
The City Clerk asked that the following resolution be
removed from the Agenda.
RESOLUTION NO. 7883 - A Resolution Of The City Council Of
The City Of Vernon Approving And Authorizing Notice Inviting Sealed
Proposals Or Bids For The Reroofing Of The Administrative Offices Of
The Community Services Department.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7883 be removed from the agenda and no action taken
at this time. Motion carried.
WARRANT REGISTER NO. 1079 covering claims and demands
presented during the period of November 22 through December 5, 2001,
drawn on Wells Fargo Bank totaling $384,552.82 and includes check
nos. 201745 through 201957 (inclusive), excluding Utility demands.
(Accounting period December 2001).
It was moved by Davis, seconded by Gonzales, that Warrant
Register No. 1079 be approved and payment authorized for claims and
demands totaling $384,552.82, excluding Utility demands. Motion
carried.
WARRANT REGISTER NO. 1079 covering claims and demands
presented during the period of November 22, through December 5,
2001, drawn on Wells Fargo Bank totaling $1,007,424.78, which
includes Utility demands as listed below: (Accounting period
December 2001) :
201751
201752
201755
201761 201762 201763
201764
201765
201769
201770 201777 201786
201796
201797
201799
201802 201808 201810
201812
201814
201816
201823 201824 201835
201836
201847
201850
201853 201868 201876
201878
201889
201890
201891 201895 201912
201925
201928
201930
201933 201937 201944
201954
201956
201957
It was moved by Ybarra, seconded by Gonzales, that Warrant
Register
No. 1079
be approved
and payment authorized for Utility
claims and
demands
totaling
$1,007,424.78. 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.
The Mayor called a short recess at 5:55 p.m. The City
Council reconvened in regular session at 5:58 p.m., all members
present before the recess again being present.
Page 12 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
The City Council advised that there was nothing to be
discussed on Item Nos. 1 and 2.
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
b. Public Employee Performance Evaluation
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; CA B148676;
(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 Docket
No. EL00-105 (ISO); FERC Docket No. EL01-14-000 (Vernon v.
ISO); FERC Docket No. ERO1-313 (ISO); FERC Docket No.
ERO1-315 (SCE/ISO); FERC Docket No. ER01-724 (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. et al. v. ISO);
EL01-75 (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. RTO1-82 (SDG&E), RTO1-83 (PG&E), RTO1-85
(ISO) and RTO1-92 (SCE); SRP v. ISO, FERC Docket No. EL01-
84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case
Page 13 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
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. EL01-36
(Coral Power, L.L.C., et al. v. PX); FERC Docket No. EL01-
37 (SRP & SMUD v. PX);
(q) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E);
(r) FERC Docket No. ELO1-42 (Universal Studios v. Southern
California Edison Company;
(s) A-1 Steel Fence Co., Inc. v. Amelco Construction, et al.,
LASC (SE District) No. 01C00602;
(t) Central and West Basin Water Replenishment District, etc.,
v. Charles E. Adams, et al, LASC No. C 786656;
(u) Gerald Dressen v. Vernon; WCAB No. MON 0262992; MON
0262994;
The City Clerk advised that now was the time to go into
closed session on Item Nos. 3 and 4.
It was moved by Gonzales, seconded by Davis, that the City
Council go into closed session on Item Nos. 3 and 4, the time being
5:59 p.m. Motion carried.
All persons were excused from closed session with the
exception of the City Clerk, the Assistant to the Chief Deputy City
Clerk, and the City Attorney.
The Mayor ordered all communications to and from closed
session deemed privileged and confidential.
3. With respect to every item of business to be discussed in
closed session pursuant to Government Code § 54956.95.
LIABILITY CLAIMS
Claimant: RISK ENTERPRISE MANAGEMENT CO.
Agency Claimed Against: CITY OF VERNON
Claimant: ARMANDO CARPIO and CAROL CARPIO
Agency Claimed Against: CITY OF VERNON
4. 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.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go out of closed session on Item Nos. 3 and 4 and
resume regular session, the time 6:05 p.m. Motion carried.
Page 14 of 15
Adjourned Regular City Council Meeting Minutes
December 13, 2001
It was moved by Ybarra, seconded by Davis, that the claim
of Risk Enterprise Management Co., be rejected. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
claim of Armando Carpio and Carol Carpio, be denied. Motion
carried.
It was moved by Ybarra, seconded by Gonzales, to retain
the services of Bernard Bollinger, Buchalter, Nemer, Fields, and
Younger to advise the City on Bankruptcy issues and to authorize the
initiation of litigation regarding the Enron Bankruptcy. Motion
carried.
There being no further business to come before the Council
at this time, it was moved by Davis, seconded by Ybarra, that the
meeting adjourn, the time being 6:07 p.m. Motion carried.
TLeonis C . Malb xg
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 DECEMBER 12, 2001, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA, TO DECEMBER 13, 2001, AT 4:30 P.M.
4Bu e e. V. Malken orst
City Clerk
Gloria J. ros
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 December 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 an�d� correct.
Dated: /� 13 ADD/
loria J. O sco
Chief Deputy City Clerk
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 DECEMBER 5, 2001, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA, TO DECEMBER 12, 2001, AT 5:00 P.M.
Bruce V. Malkenhorst
City Clerk
IN
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 lib- day
of December 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: �P.� t,> /02 ` cc
f
Gloria J. Or o
Chief Deputy Tity Clerk