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20020306 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 6, 2002, 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 Gonzales, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held February 27, 2002 be approved and adopted as corrected. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 29, 2002, was presented, advising that the Director of Utilities Kenneth DeDario has elected to recommend Ms. Deborah R. Medina, Administrative Associate, to receive a 2001 Level II Department SPIRITS Award. It is hereby recommended that Ms. Deborah R. Medina be awarded the Level II Department SPIRITS Award for the Utilities Department for the year 2001. (Deferred from the Council meeting held February 27, 2002). It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 29, 2002 be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 19, 2002, was presented, advising that the Director of Community Services and Water Samuel Kevin Wilson has elected to recommend Mr. Juan Arellano, Utilityman II, to receive a 2001 Level II Department SPIRITS Award. It is hereby recommended that Mr. Juan Arellano be awarded the Level II Department SPIRITS Award for the Community Services and Water Department for the year 2001. (Deferred from the Council meeting held February 27, 2002). It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 19, 2002 be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 26, 2002, was presented, advising that the Director of Utilities Kenneth DeDario has selected to recommend Mr. Jose Pereyra, System Coordinator II, to receive a 2002 Level I Department SPIRITS Award. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated February 26, 2002 be received and filed. Motion carried. Regular City Council Meeting Minutes March 6, 2002 The City Clerk announced that now was the time to present a Service Pin. The Mayor presented the Service Pin to the following employee and extended congratulations on behalf of the entire City Council. Jose Cervantes Utilityman II 20 years Police Department Activity Log for the period February 16 through 28, 2002, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period February 16 through 28, 2002 be received and filed. Motion carried. Fire Department Activity Report for the period February 16 through 28, 2002, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period February 16 through 28, 2002 be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished to address the City Council on any item on the Agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. There was no one wishing to address the City Council at this time. The City Clerk announced that now was the time to open a public hearing to consider a request from Austin Trucking, Inc., to operate a trucking terminal at 4528 Bandini Boulevard, Vernon, California. (Continued from the Council meeting held February 27, 2002). It was moved by Davis, seconded by McCormick, to open and continue a public hearing to consider a conditional use permit application from Austin Trucking, Inc., to operate a trucking terminal at 4528 Bandini Boulevard, Vernon, California, the time being 5:08 p.m. Motion carried. The Director of Community Services and Water addressed the City Council and gave a brief overview on this matter. Communication from Kevin Wilson, Director of Community Services and Water, dated February 21, 2002, was presented, advising that Austin Trucking, Inc. has applied for a conditional use permit to operate a truck terminal at 4528 Bandini Boulevard. Submitted herewith are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. Page 2 of 10 Regular City Council Meeting Minutes March 6, 2002 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. 4. Environmental Checklist Form and Initial Study. 5. Proposed Negative Declaration. The project is consistent with the City of Vernon Comprehensive Zoning Ordinance and the City of Vernon 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 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 be subject to permit fees as adopted by the City of Vernon. All trucking operations, including tractor parking, shall be limited to the lot located at 4528 Bandini Boulevard 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, 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. The wall or landscape strip shall be placed in accordance with the City of Vernon setback requirements. Adequate on -site 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 be maintained rodent free. f. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. Page 3 of 10 Regular City Council Meeting Minutes March 6, 2002 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 on -site other than in buildings, trailers or on the 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. 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. j. The facility shall be operated in a manner that will not impede traffic on Bandini Boulevard. k. All existing cracked sidewalk, curb, and gutter adjacent to the site in Bandini Boulevard shall be repaired and maintained in compliance with City Standards. It was moved by McCormick, seconded by Ybarra, to close the public hearing for Austin Trucking, Inc., the time being 5:10 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 February 21, 2002 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 City Council 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 McCormick, that City Council determines that the project will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by Gonzales, that City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. RESOLUTION NO. 7917 - A Resolution Of The City Council Of The City Of Vernon Granting A Conditional Use Permit For Austin Trucking, Inc., For The Operation Of A Trucking Terminal At 4528 Bandini Boulevard. (Deferred from the Council meeting held February 27, 2002), was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7917 be approved and adopted. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes March 6, 2002 Communication from Bruce Olson, Chief of Police, dated February 20, 2002, was presented, requesting authority and funds for Detective Joseph Rodriguez to attend the "Interview and Interrogations Training" at San Pedro on April 2 through 6, 2002, with an expense allowance of $594.00, of which POST will reimburse $574.40. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Detective Joseph Rodriguez to attend the aforementioned training with an expense allowance of $594.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 21, 2002, was presented, requesting authority and funds for Sergeant Rex Hill to attend the "Management of the Field Training Officer Program" at Newport Beach on April 1 through 3, 2002, with an expense allowance of $550.60, of which POST will reimburse $523.80. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Sergeant Rex Hill to attend the aforementioned program with an expense allowance of $550.60. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities, dated February 20, 2002, was presented, requesting authority and funds for Electrical Engineer Jose Lugo to attend the "Management and Leadership Skills Seminar" at Pasadena on April 3 and 4, 2002, with an expense allowance of $453.00. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Electrical Engineer Jose Lugo to attend the aforementioned seminar with an expense allowance of $453.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated February 26, 2002, was presented, requesting authority and funds for Environmental Health Specialist Lyndon Ong Yiu to attend the "Managing Food Allergens Seminar" at Costa Mesa on April 25, 2002, with an expense allowance of $211.80. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Environmental Health Specialist Lyndon Ong Yiu to attend the aforementioned seminar with an expense allowance of $211.80. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 28, 2002, was presented, requesting authority and funds for Utility Clerk Michelle J. Tolmasoff to attend the "Managing the Front Desk Seminar" at Glendale on April 18, 2002, with an expense allowance of $157.40. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Utility Clerk Michelle J. Tolmasoff to attend the aforementioned seminar with an expense allowance of $157.40. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes March 6, 2002 Communication from Bruce Olson, Chief of Police, dated February 26, 2002, was presented, requesting authority and funds for the below listed police officers to attend the "Police Bicycle Patrol Seminar" at Santa Ana on April 2 through 4, 2002 with an expense allowance of $139.40 of which POST will reimburse $75.48 each. • Anthony Encinas • Gustavo Herrera It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $139.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 22, 2002, was presented, requesting authority and funds for Vernon Service Officer Arturo Padilla to attend the "CPR/First Aid and OC Chemical Agents Seminar" at Pasadena on March 29, 2002, with an expense allowance of $19.00 of which Standards in Training for Corrections Program will reimburse entire amount. It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for Vernon Service Officer Arturo Padilla to attend the aforementioned seminar with an expense allowance of 19.00 each. Motion carried. Communication from Steven E. Parker, Fire Chief, dated February 14, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Swift Water Operational Technician I Course" at Anaheim on April 1 through 3, 2002, with an expense allowance of $200.00 each. • Michael Roche, Fire Captain • Kevin Greenway, Firefighter • Michael Rogers, Fire Engineer It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed fire personnel to attend the aforementioned course with an expense allowance of $200.00 each. Motion carried. Communication from Steven E. Parker, Fire Chief, dated February 28, 2002, was presented, requesting authority and funds for the below listed fire captains to attend the "Eleventh Company Officer Academy Seminar" at Burbank on April 22 through 26, 2002, with an expense allowance of $200.00 each. • John Cusolito • James Dunn It was moved by Davis, seconded by Ybarra, that authority and funds be approved for the above listed fire captains to attend the aforementioned seminar with an expense allowance of $200.00 each. Motion carried. Page 6 of 10 Regular City Council Meeting Minutes March 6, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 28, 2002, was presented, advising that The Consulting Services Agreement with Charles W. Montoya expired on February 21, 2002. At this time it is hereby recommended that the agreement for services related to the development of electrical projects for the City be extended effective February 22, 2002. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7921 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing An Amendment No. Two To The Consulting Services Agreement By And Between The City Of Vernon And Charles W. Montoya, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7921 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 28, 2002, was presented, recommending that the 3/12 work -schedule for Police Group 2 employees be approved and accepted. Said acceptance does not preclude the City from adjusting said schedule if necessary. If approval is granted, this shall be effective March 1, 2002. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 28, 2002 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7920 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Amendment To Fifth Side -Letter Agreement By And Between The Municipal Employee Relations Representative ("MERR") Of The City Of Vernon And The Vernon Police Officers' Benefit Association ("VPOBA") (Employee Group 2), was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7920 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 28, 2002, was presented, transmitting the Agenda for the Regular Personnel Committee meeting to be held March 4, 2002 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations on the Agenda for the Regular Personnel Committee meeting held March 4, 2002 be approved. Motion carried. Page 7 of 10 Regular City Council Meeting Minutes March 6, 2002 Warrant Register No. 1085 covering claims and demands presented during the period of February 21 through February 27, 2002, drawn on Wells Fargo Bank totaling $249,476.07, which includes demand nos. 203202 through 203376, (inclusive), excluding Utilities demands and voided check no. 203204. (Accounting period March 2002). It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1085 be approved and payment authorized for claims and demands totaling $249,476.07 excluding Utilities demands. Motion carried. Warrant Register No. 1085 covering claims and demands presented during the period of February 21 through February 27, 2002, drawn on Wells Fargo Bank totaling $1,282,075.16, which includes Utilities demands nos. as listed below: (Accounting period March 2002). 203206 203207 203217 203218 203219 203220 203221 203223 203226 203227 203228 203229 203235 203260 203286 203288 203295 203304 203305 203331 203333 203341 203357 203376 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1085 be approved and payment authorized for Utilities claims and demands totaling $1,282,075.16. Motion carried. Councilman Davis abstained from voting and disqualified himself because its is reasonably foreseeable that his decision may have material financial effect on his source of income. The Mayor called a short recess at 5:23 p.m. The City Council reconvened in regular session at 5:32 p.m., all members present before the recess again being present. The City Clerk announced that there was nothing to be discussed in closed session on Item No. 1. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION The City Clerk announced that now was the time to go into closed session on Item Nos. 2 and 3. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session on Item Nos. 2 and 3, the time being 5:33 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. Page 8 of 10 Regular City Council Meeting Minutes March 6, 2002 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; 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) 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; (i) 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; (j) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. EL00-105 (ISO); FERC Docket No. EL01-14-000 (Vernon v. ISO); FERC Docket No. ER01-313 (ISO); FERC Docket No. ER01-315 (SCE/ISO); FERC Docket No. ER01- 724 (ISO); FERC Docket No. EL01-41 (Strategic Energy v ISO); FERC Docket Nos. EL00-95-022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95-023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95-024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95-025/EL00-98-024 (SCE); FERC Docket No. EL01-1579 (ISO); FERC Docket No. EL01-57-000 (_Reliant Energy, etc. et al. v. ISO); 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. RT01-82 (SDG&E), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (SCE); SRP v. ISO, FERC Docket No. EL01-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71- 198-00758-00 04 JTJ-R; FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02-636 (SCE); FERC Docket No. ER02-637 (PG&E); FERC Docket No. ER02-651 (ISO); (k) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); Page 9 of 10 Regular City Council Meeting Minutes March 6, 2002 (1) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (m) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; (n) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (o) FERC Docket No EL01-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. EL01-37 (SRP & SMUD v. PX); (p) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (q) FERC Docket No. EL01-42 (Universal Studios v. Southern California Edison Company; (r) A-1 Steel Fence Co., Inc. v. Amelco Construction, et al., LASC (SE District) No. 01000602; (s) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (t) Department of Water Resources v. ACN Energy, Inc., et al., Case No. Case No. 01AS05497; (u) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); 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: Two (2) potential cases. It was moved by Davis, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 5:41 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER02-922 (California Independent System Operator Corporation) are hereby ratified. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER02-925 (Southern California Edison Company) are hereby ratified. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn, the time being 5:43 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk Leonis C. Mal urg Mayor Page 10 of 10