20020320 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY
COUNCIL MEETING OF THE CITY
OF VERNON HELD MARCH 20, 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, McCormick
MEMBERS ABSENT: Davis
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that the
Minutes of the Regular City Council meeting held March 6, 2002,
be approved and adopted as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 12, 2002, was presented,
advising that the SPIRITS Award Committee, composed of
Department Heads and the Chief Deputy City Clerk, has
recommended Juan Arellano, Utilityman II, in the Community
Services and Water Department to receive the 2001 Annual SPIRITS
Award for his exemplary performance during the past year.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City
Administrator/City Clerk, dated March 12, 2002, be received and
filed. Motion carried.
RESOLUTION NO. 7928 - A Resolution Of The City Council
Of The City Of Vernon Awarding Juan Arellano, A Utilityman II In
The Community Services & Water Department, The Year 2001 Annual
City Spirits Award And Commending Him For His Exemplary Services
To The City Of Vernon During The Year 2001, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7928 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 4, 2002, was presented,
advising that Chief of Police Bruce Olson has selected the below
listed personnel to receive a Police Department 2002 SPIRITS
Award Level I:
• Ana Bedoy, Dispatcher
• Eliseo Genera, Civilian Court Officer
• Maria Gonzalez, Transcriber/Typist
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 4, 2002, be received and filed. Motion
carried.
Regular City Council Meeting Minutes
March 20, 2002
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 12, 2002, was presented,
was advising that the below listed employees qualified in the
month of February 2002 for a Perfect Attendance Award. This is
awarded to employees on the basis of a minimum of two (2) years
of perfect attendance:
Date of Hire Employee Award
09/28/86 Gerald Chavez Utilityman II 3
02/17/98 Antonio Lopez Electronics 4
Technician
03/02/81 Gloria Orosco Chief Deputy 17
City Clerk
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.
08/17/87
Stephen Agon
Fire Captain
4
11/02/92
Douglas Barker
Firefighter
4
O1/02/96
Maria Alway
Senior Dispatcher
4
02/23/98
Maria Gonzalez
Transcriber/Typist
4
05/12/80
Fernando Weathers
Utilityman I
4
08/14/89
Ruben Herrera
Utilityman III
10
02/26/90
John Doersam
Firefighter
12
Police Department Activity Log for the period March 1
through 15, 2002, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period March 1
through 15, 2002, be received and filed. Motion carried.
Fire Department Activity Report for the period March 1
through 15, 2002, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period March 1 through
15, 2002, be received and filed. Motion carried.
Risk Management Report for the month of February 2002,
was presented.
It was moved by Gonzales, seconded by McCormick, that
the Risk Management Report for the month of February 2002, be
received and filed. Motion carried.
Health Department Report for the month of February
2002, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Health Department Report for the month of February 2002, be
received and filed. Motion carried.
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Regular City Council Meeting Minutes March 20, 2002
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 in the audience wishing to address
the City Council at this time.
The City Clerk announced that now was the time to open
the public hearing to consider a conditional use permit
application from Innovative Waste Control Inc., to operate a
solid waste transfer station at 4133 Bandini Boulevard, Vernon,
California.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider a conditional use permit
application from Innovative Waste Control Inc., to operate a
solid waste transfer station at 4133 Bandini Boulevard in the
City of Vernon. Motion carried.
The Director of Community Services and Water, Kevin
Wilson, addressed the City Council and briefly summarized this
matter. He also advised that the Health Department has
requested that condition "i" be deleted and "d" and "m" be
amended as follow:
d. The applicant shall submit quarterly reports to
the Finance Department on the disposal tonnage,
and shall submit monthly reports on the solid
waste diversion and disposal tonnage to the
Environmental Health Department.
M. The loading pit shall be cleaned a minimum of once
every twenty-four (24) hours.
The Director also advised that a letter from CalTrans
was received expressing their concerns and the department has
responded to the letter addressing such concerns.
Communication from Kevin Wilson, Director of Community
Services and Water, dated March 14, 2002, was presented,
advising that Innovative Waste Control, Inc., has applied for a
conditional use permit to operate a solid waste transfer station
at 4133 Bandini Boulevard.
Submitted herewith are the following supporting documents:
1. Staff Report.
2. Request for a conditional use permit and information
supporting the application.
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.
Page 3 of 17
Regular City Council Meeting Minutes March 20, 2002
6. Notice of Rescheduled Public Hearing.
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, and
regulations and subject to permit fees as adopted by
the City of Vernon.
b) All required federal, state, local, and regulatory
agency permits shall be obtained and maintained during
operation.
c) All required frontage improvements shall be
constructed and all existing cracked sidewalks, curbs,
and gutters adjacent to the site on Bandini Boulevard
shall be repaired and maintained to meet City
standards.
d) The applicant shall continue to submit quarterly
reports to the Environmental Health Department on the
solid waste diversion and disposal tonnage.
e) All parking and loading facilities shall be paved with
a hard durable surface material, 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.
Adequate on -site parking shall be maintained so that
off-street parking will not occur.
f) Before any hazardous substances are used, handled or
stored at the site, the Vernon Health and Fire
Departments must approve such use, handling or
storage. A Health Permit shall be obtained from the
Health Department if there are reportable quantities
of hazardous materials on the site.
g) Servicing of vehicles including washing, steam
cleaning, and repairing shall be performed in
facilities that comply with the appropriate codes.
h) The facility shall be operated in such a manner that
noise and vibration caused by Innovative Waste
operations shall not be a nuisance to neighborhood
properties. At no time shall the noise level exceed
65db or vibration exceed four hundredths of an inch
per second particle velocity when measured at the
Page 4 of 17
Regular City Council Meeting Minutes March 20, 2002
property line.
i) The buildings on the site shall be structurally
maintained to exclude rodents and the property shall
kept be rodent -free.
j) The facility shall implement measures for rodent
proofing and vector control in all areas that will
hold or store solid waste and/or recyclable materials.
k) The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other
nuisances.
1) Innovative Waste shall obtain all regulatory permits
prior to expanding the operation of the facility.
Innovative Waste shall maintain a National Pollutant
Discharge Elimination System ("NPDES") Permit with the
State Water Resources Control Board, unless exempted.
m) Innovative Waste's loading pit shall be cleaned at the
end of each work -shift and maintained free of trash
during work hours.
n) Innovative Waste shall submit a site plan with
dimensions showing existing and proposed layout of the
underground 16KV primary circuit running from pole
#9533EV to the manhole to the padmount transformer for
review and approval by the Director of Utilities.
o) Innovative Waste shall provide a pad and underground
16KW primary electrical easement to the City.
p) Innovative Waste shall provide an automatic fire
sprinkler system for the entire building and attached
canopies.
It is also recommended that the conditional use permit be
granted subject to the following mitigating measures:
a) Innovative Waste shall prepare and submit a Hazardous
Materials Handling Program to the City of Vernon
Environmental Health and Fire Departments for their
approval. A Hazardous Material Program shall include, but
not be limited to, providing instruction and on-the-job
training to employees in the identification and handling
of hazardous materials. The instruction and training shall
be conducted by an individual knowledgeable in hazardous
materials management.
b) Innovative Waste shall implement a personnel safety
training program to include personal safety, handling
hazardous waste, and fire protection procedures.
c) The entire site shall be enclosed with a wall, fencing or
combination thereof, with a minimum height of six feet
above site pavement to provide site security and control
the off -site migration of windblown litter. All chain -link
fencing shall be provided with metal slats or other
suitable, durable materials for visual screening purposes.
d) Innovative Waste shall implement a litter control program
to maintain the facility in a safe, sanitary, and
attractive condition for the life of the project. The
litter control program shall include the trapping or
covering of all open vehicles entering and exiting the
property and the daily pick-up of stray litter. Innovative
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Regular City Council Meeting Minutes
March 20, 2002
Waste will clean-up any litter resulting from trucks
traveling to or from the site. At the request of the City
of Vernon, Innovative Waste will clean-up any trash on City
streets caused by the operation. Innovative Waste will
collect and remove litter from along the site perimeter and
throughout its premises at least once during an operating
day or more frequently as necessary. The entire premises
shall be swept and cleaned on a weekly basis or more
frequently as necessary.
e) All waste materials to be handled at Innovative Waste site
shall be limited to solid waste, as defined in Vernon City
Code Section 12.1. Innovative Waste may not accept
hazardous, liquid, designated, radioactive, and medical
wastes at its facility. A hazardous waste exclusion
program, as approved by the Local Enforcement Agency
("LEA"), shall be implemented to prevent these prohibited
wastes from entering the waste stream. Innovative Waste
personnel shall be trained in the recognition and handling
of hazardous waste. Innovative Waste's hazardous waste
exclusion program shall include provisions for the
operator to report to the LEA the receipt and disposition
of any prohibited wastes encountered at the site.
f) Innovative Waste shall install a radiation detector at the
scalehouse in order to detect any radioactive material
that enters the facility. Any load containing radioactive
material shall not be accepted.
g) All hazardous wastes recovered shall be stored on -site in
containers in a secured location approved by the City of
Vernon Fire Department and LEA. Hazardous wastes shall be
removed from the site within 90 days of receipt.
matter.
The Mayor asked if there were any questions on this
There were no questions.
It was moved by Gonzales, seconded by Ybarra, to close
the public hearing for the consideration of a conditional use
permit application submitted by Innovative Waste Inc., the time
being 5:30 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water, dated March 14, 2002; the letter from the
State of California - Department of Transportation, dated
February 26, 2002; the letter from the Director of Community
Services and Water, dated March 19, 2002; and a memorandum from
the Director of Community Services and Water, dated March 19,
2002, and all other 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 McCormick, seconded by Ybarra, that
City Council determines that the project will not have a
significant effect on the environment. Motion carried.
Page 6 of 17
Regular City Council Meeting Minutes
March 20, 2002
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.
It was moved by Gonzales, seconded by Ybarra, that the
conditional use permit for the expansion of the site located at
4133 Bandini Boulevard in the City of Vernon be granted subject
to the conditions and mitigating measures set forth. Motion
carried.
RESOLUTION NO. 7926 - A Resolution Of The City Council
Of The City Of Vernon Granting A Conditional Use Permit For
Innovative Waste Control, Inc., For The Operation Of A Solid
Waste Transfer Station At 4133 Bandini Boulevard, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7926 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 28, 2002, was
presented, advising that the City has a remaining balance of
$30,645.00 in the Aid -To -Cities (ATC) fund account. These funds
are granted by the County of Los Angeles Public Works to be
utilized on street improvement projects that are within the
County's Highway plan. Last year, the Community Services and
Water Department nominated "Soto Street" to be resurfaced from
26th Street to Bandini Boulevard.
Pursuant to the California Environmental Quality Act, Section
15301, maintenance to existing streets is exempt; therefore, per
section 15062 of the same code, a Notice of Exemption will be
prepared and filed with the County Clerk.
The nomination has been approved by the County and it is hereby
recommended that a resolution be approved and adopted for the
allocation of the ATC funds to be utilized toward the costs of
the resurface of Soto Street.
It was moved by Ybarra, seconded by McCormick, 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. 7925 - A Resolution Of The City Council
Of The City Of Vernon Requesting An Allocation And Payment Of
County Aid To Cities Fund For The Resurfacing Of Soto Street
From The Los Angeles River To The Northern City Boundary, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7925 be approved and adopted. Motion carried.
The City Clerk requested that the following
communication and ordinance be deferred to the next meeting.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 11, 2002, advising that
during the past months there has been a large increase in the
construction of commercial billboards that pose significant
threat to the public's health, safety, and welfare due to the
creation of hazards to traffic safety and esthetic harm. The
Page 7 of 17
Regular City Council Meeting Minutes March 20, 2002
Community Services and Water Department is recommending that an
interim Sign Emergency Ordinance be approved placing a
moratorium on the construction of outdoor advertising displays
until a comprehensive ordinance regulating commercial billboards
is approved.
This has been reviewed by the Director of Community Services and
Water and the City Attorney and it is hereby recommended that an
interim Sign Emergency Ordinance be approved and executed.
ORDINANCE NO. 1083 - An Interim Ordinance Of The City
Council Of The City Of Vernon Placing A Moratorium On The
Establishment Of Advertising Displays And Signs, Making Findings
With Respect Thereto, Declaring The Urgency Thereof And A Basis
For Said Ordinance To Take Effect Immediately.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated March 11, 2002, and Ordinance
No. 1083 be deferred to the next City Council meeting. Motion
carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 11, 2002, was presented,
transmitting herewith is a one-year Water Right License and
Agreement with Kal Kan Foods, Inc., for the rights to 140 acre-
feet of water. The cost of this water is $240.00 per acre-foot
or $33,600.00 total.
This has been reviewed by the Director of Community Services and
Water and the City Attorney; and it is hereby recommended that
the Agreement be approved and the Mayor and City Clerk be
authorized to sign the Agreement.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 11, 2002 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7923 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
A Water Right License By And Between The City Of Vernon And Kal
Kan Foods, Inc. For The Period July 1, 2001 Through June 30,
2002, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7923 be approved and adopted. Motion carried.
. Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 6, 2002, was presented,
advising that the Health Department is requesting authorization
to submit an application for the 8th Cycle (2002/2003) Used Oil
Block Grant funds to the California Integrated Waste Management
Board (CIWMB) for a Grant of approximately $5,300.00 to be
utilized by the department:
• to improve public awareness of used oil recycling
opportunities
• to conduct the Vernon Used Oil Recycling Calendar
Contest, and
• to obtain consulting services to conduct education
outreach efforts.
Page 8 of 17
Regular City Council Meeting Minutes March 20, 2002
This has been reviewed by the City Attorney and it is hereby
recommended that the application be executed and a resolution be
approved and adopted.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 6, 2002, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7930 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
An Application For A 2002/2003 Used Oil Recycling Block Grant,
was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7930 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 6, 2002, was presented,
advising that pursuant to the City's Record Retention Schedule,
a review for the destruction of stored documents for the
Personnel, Customer Services, and Finance Departments has been
completed. This has been reviewed by the City Attorney and it
is hereby recommended that authorization be granted for the
destruction of said records.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 6, 2002, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7934 - A Resolution Of The City Council
Of The City Of Vernon Authorizing The Destruction Of Certain
City Records, Documents, Instructions, Books And Papers,
Pursuant To Government Code Section 34090, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7934 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 6, 2002, was presented,
advising that the City of Los Angeles is requesting the support
and participation of surrounding cities to submit a State Grant
Application to fund the Southeast Region Special Waste
Collection Program at the new facility being built on the
Washington Boulevard in the City of Los Angeles. If the program
is approved, this multi -jurisdictional facility will allow for
proper disposal of special wastes (computers, monitors,
fluorescent light bulbs, etc.) for the city and surrounding
communities.
This has been reviewed by the City Attorney and it is hereby
recommended that a resolution be approved and adopted.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 6, 2002, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 7927 - A Resolution Of The City Council
Of The City Of Vernon Consenting To Join As A Regional
Participant On A Household Hazardous Waste Grant Application
Being Submitted By The City Of Los Angeles, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7927 be approved and adopted. Motion carried.
Page 9 of 17
Regular City Council Meeting Minutes March 20, 2002
Communication from Bruce Olson, Chief of Police, dated
February 28, 2002, was presented, requesting authority and funds
for Court Officer Eliseo Genera to attend the "Verbal
Alternatives to Use Of Force Training" at Pasadena on April 1,
2002, with an expense allowance of $99.00, of which Standards in
Training for Corrections Program will reimburse entire amount.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Court Officer Eliseo Genera
to attend the aforementioned training with an expense allowance
of $99.00. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 1, 2002, was presented, requesting authority and funds for
Vernon Service Officer Jose Ramos to attend the "Introduction to
Control Techniques Training" at Huntington Beach on April 9
through 11, 2002, with an expense allowance of $214.80, of which
Standards in Training for Corrections Program will reimburse
entire amount.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for Vernon Service Officer Jose
Ramos to attend the aforementioned training with an expense
allowance of $214.80. Motion carried.
Communication from Kenneth J. DeDario, Director of
Utilities, dated February 20, 2002, was presented, requesting
authority and funds for the below listed personnel to attend the
"High Voltage Electrical Safety Seminar" at Los Angeles on April
8 and 9, 2002, with an expense allowance of $854.20 each.
• Martin Sanchez, Systems Coordinator II
• Jose Pereyra, Systems Coordinator II
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for the above listed personnel
to attend the aforementioned seminar with an expense allowance
of $854.20 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 6, 2002, was presented, requesting authority and funds for
the below listed personnel to attend the "Tactics/Covert Crisis
Entry Seminar" at Orange on April 9 and 10, 2002 with an expense
allowance of $258.40 of which POST will reimburse $249.60 each.
• Michael Gillman, Lieutenant
• Michael Chavez, Sergeant
• Jerry Chavez, Detective
• Roberto Sousa, Detective
• Nick Perez, Police Officer
• Anthony Encinas, Police Officer
• Paul Cerda, Police Officer
• Celestino, Chavez, Police Officer
• Kent Stevenson, Police Officer
• Brandon Gray, Police Officer
Page 10 of 17
Regular City Council Meeting Minutes
March 20, 2002
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 $258.40 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 6, 2002, was presented,
requesting authority and funds for Deputy City Treasurer Sharon
L. Johnson to attend the 112002 California Municipal Treasurers
Association Conference" at Monterey on April 29 through May 2,
2002, with an expense allowance of $1,098.50.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for Deputy City Treasurer Sharon
L. Johnson to attend the aforementioned conference with an
expense allowance of $1,098.50. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 6, 2002, was presented,
requesting authority and funds for Deputy City Clerk Marisol
Trujillo to attend the "County of Riverside Records -Management
Technology and Information Seminar" at Riverside on March 27,
2002, with an expense allowance of $49.00.
It was moved by McCormick, seconded by Ybarra, that
authority and funds be approved for Deputy City Clerk Marisol
Trujillo to attend the aforementioned seminar with an expense
allowance of $49.00. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 7, 2002, was presented, requesting authority and funds for
Lieutenant Robert Faldetta to attend the "Limited Term Jail
Managers Seminar" at San Clemente on April 17 through 19, 2002,
with an expense allowance of $676.62, of which Standards in
Training for Corrections Program will reimburse $652.62.
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for Lieutenant Robert Faldetta
to attend the aforementioned seminar with an expense allowance
of $652.62. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated March 11, 2002, was
presented, requesting authority and funds for Engineering Aide
III Sergio Canales to attend the "CEQA 2002: Understanding The
California Environmental Process Seminar" at Irvine on March 26,
2002, with an expense allowance of $149.00.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for Engineering Aide III Sergio
Canales to attend the aforementioned seminar with an expense
allowance of $149.00. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 14, 2002, was presented, transmitting the
Agenda for the Regular Personnel Committee meeting to be held
March 18, 2002, for approval of the recommendations contained
therein.
Page 11 of 17
Regular City Council Meeting Minutes
March 20, 2002
It was moved by Gonzales, seconded by McCormick, that
the recommendations on the Agenda for the Regular Personnel
Committee meeting held March 18, 2002, be approved. Motion
carried.
RESOLUTION NO. 7924 - A Resolution Of The City Council
Of The City Of Vernon Commending Brian Adel For His Many Years
Of Service To The City Of Vernon, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7924 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated March 14, 2002, was presented, transmitting the
Minutes of the Adjourned Regular Finance Committee meeting held
March 11, 2002, for approval of the recommendations contained
therein.
It was moved by McCormick, seconded by Ybarra, that
the recommendations on the Minutes of the Adjourned Regular
Finance Committee meeting held March 11, 2002, be approved.
Motion carried.
RESOLUTION NO. 7922 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
an Agreement For Professional Consulting Services By And Between
The City Of Vernon And Raymundo Engineering Company, Inc.
Regarding The Malburg Generating Station Project, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7922 be approved and adopted. Motion carried.
RESOLUTION NO. 7929 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
A New Universal Care Large Group Subscriber Agreement (Premier
100 Plan) By And Between The City Of Vernon And Universal Care
and Ratifying The Payment Of Health Plan Premiums, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7929 be approved and adopted. Motion carried.
The City Clerk requested that the following resolution
be deferred to the next meeting.
RESOLUTION NO. 7931 - 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 Navigant Consulting, Inc. For The Malburg
Generating Station Project.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7931 be deferred to the next City Council
meeting. Motion carried.
RESOLUTION NO. 7932 - A Resolution Of The City Council
Of The City Of Vernon Authorizing The Purchase Of One 2002 Dodge
Dakota Sport Truck By Joining On The State Of California,
Department Of General Services, Procurement Division, Contract
No. 1-02-23-20 Awarded To Lasher Auto Center, was presented.
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Regular City Council Meeting Minutes
March 20, 2002
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7932 be approved and adopted. Motion carried.
RESOLUTION NO. 7933 - 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 Delta Star, Inc. Regarding The Malburg Generating Station
Project, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7933 be approved and adopted. Motion carried.
Warrant Register No. 1086 covering claims and demands
presented during the period of February 28 through March 13,
2002, drawn on Wells Fargo Bank totaling $597,242.82, which
includes demand nos. 203377 through 203635, (inclusive),
excluding Utilities's demands and voided check no. 203397.
(Accounting period March 2002).
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1086 be approved and payment authorized for
claims and demands totaling $597,242.82, excluding Utilities's
demands and voided check no. 203397. Motion carried.
Warrant Register No. 1086 covering claims and demands
presented during the period of February 28 through March 13,
2002, drawn on Wells Fargo Bank totaling $1,108,224.18, which
includes Utilities's demands nos. as listed below: (Accounting
period March 2002).
203390
203394
203399
203401
203402
203403
203404
203405
203407
203418
203427
203433
203443
203449
203454
203461
203469
203472
203479
203486
203489
203494
203497
203502
203505
203510
203513
203514
203520
203524
203528
203532
203535
203537
203539
203543
203552
203559
203569
203571
203576
203580
203582
203583
203584
203589
203594
203596
203597
203602
203612
203614
203620
203624
203630
203634
It was
moved by McCormick,
seconded
by
Gonzales, that
Warrant
Register
No. 1086 be
approved
and payment
authorized for
Utilities's claims
and demands
totaling $1,108,224.18.
Motion
carried.
Motion
carried.
Payroll
Warrant Register
No.
549 covering
claims and
demands
presented
during the
period of
January 13
through
February 9, 2001,
drawn on Wells
Fargo
Bank totaling
$1,729,697.70,
which
includes
demand nos. 7470 through
7511
inclusive. (Accounting Period:
February
2002).
It was moved by Ybarra, seconded by Gonzales, that
Payroll Warrant Register No. 549 be approved and payment
authorized for claims and demands totaling $1,729,697.70.
Motion carried.
The Mayor called a short recess at 5:50 p.m. The City
Council reconvened in regular session at 5:55 p.m., all members
present before the recess again being present.
Page 13 of 17
Regular City Council Meeting Minutes March 20, 2002
The City Clerk announced that now was the time to go
in closed session on Item No. 1.
It was moved by McCormick, seconded by Ybarra, that
the City Council to in closed session on Item No. 1, the time
being 5:56 p.m.
All persons were excused from closed session with the
exception of the City Administrator/City Clerk, Chief Deputy
City Clerk, Assistant to the Chief Deputy City Clerk, Director
of Community Services and Water, and City Attorney.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
1. With respect to every item of business to be discussed
in Closed Session pursuant to Government Code Section 54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
b. EMPLOYEE PERFORMANCE EVALUATION
The Utilityman III was called into closed session at
5:55
p.m. and excused from closed session at 6:07 p.m.
The Utilityman II was called into closed session at
6:08 p.m. and excused from closed session at 6:24 p.m.
The Utilityman II was called into closed session at
6:24 p.m. and excused from closed session at 6:33 p.m.
The Director of Community Services and Water was
excused from closed session at 6:39 p.m.
It was moved by McCormick, seconded by Ybarra, that
the City Council go out of closed session on Item No. 1 and
resume regular session, the time being 6:45 p.m. Motion
carried.
The City Clerk announced that now was the time to go
in closed session on Item Nos. 2, 3, and 4.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into closed session on Item Nos. 2, 3, and 4.
Motion carried.
All persons were excused from closed session with the
exception of the City Administrator/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.
Page 14 of 17
Regular City Council Meeting Minutes
March 20, 2002
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. ER01-313 (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. ER01-1579
(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);
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. ER02-250 ((ISO); 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); FERC
Docket No. ER02-922 (ISO); FERC Docket No. ER02-925
(SCE) ;
(k) The Burlington Northern and Santa Fe Railway Company
v. City of Vernon; USDC No. CV-00-12891 NM (AJWx);
(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;
Page 15 of 17
Regular City Council Meeting Minutes
March 20, 2002
(o) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01-
36 (Coral Power, L.L.C., et al. v. PX); FERC Docket
No. ELO1-37 (SRP & SMUD v. PX);
(p) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E);
(q) A-1 Steel Fence Co., Inc. v. Amelco Construction, et
al., LASC (SE District) No. 01C00602;
(r) Central and West Basin Water Replenishment District,
etc., v. Charles E. Adams, et al, LASC No. C 786656;
(s) Department of Water Resources v. ACN Energy, Inc., et
al., Case No. O1ASO5497;
(t) 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: One (1) potential case.
4. With respect to every item of business to be discussed
in closed session pursuant to Government Code 54956.95.
LIABILITY CLAIMS
Claimant: EDWARD COSIO dba C & H METAL PRODUCTS
Agency Claimed Against: CITY OF VERNON
It was moved by Ybarra, seconded by Gonzales, to go
out of closed session on Item Nos. 2, 3, and 4, the time being
6:57 p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that
the discipline recommended by the Director of Community Services
and Water and City Administrator/City Clerk for the Utilityman
II be approved. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
discipline recommended by the Director of Community Services and
Water and City Administrator/City Clerk for the Utilityman III
be approved. Motion carried.
It was moved by Ybarra, seconded by McCormick, that
the discipline recommended by the Director of Community Services
and Water and City Administrator/City Clerk for the Utilityman
II be approved. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
City Attorney be authorized to file a Complaint for Declaratory
Relief, or other appropriate relief, in California State Court
naming the Southern Company, Southern Company Energy Marketing,
L.P. and Mirant Americas Energy Marketing, L.P., as defendants.
Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the liability claim from Edward Cosio dba C&H Metal Products be
approved and executed and the Release of All Claims be accepted.
Motion carried.
Page 16 of 17
Regular City Council Meeting Minutes
March 20, 2002
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Ybarra, that the meeting adjourn, the time being 7:00 p.m.
Motion carried.
Leonis C. Ma burg JY
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
Page 17 of 17