20020508 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR
CITY COUNCIL MEETING OF THE CITY
OF VERNON HELD MAY 8, 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 Ybarra, seconded by Davis, that the
Minutes of the Regular City Council Meeting held April 17, 2002,
be approved and adopted as submitted. Motion carried.
Police Department Activity Log for the period
April 16 through 30, 2002, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period April 16
through 30, 2002, be received and filed. Motion carried.
Fire Department Activity Report for the period
April 16 through 30, 2002, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period April 16 through
30, 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 is 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.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 17, 2002, was presented,
advising that last year, the City received a Grant in the amount
of $8,335.00 from the State of California, Office of Criminal
Justice Planning through the Juvenile Accountability Incentive
Block Grant (JAIBG) Program. The grant was to be used for
matters relating to the suppression of juvenile delinquency and
this Council approved reallocating those funds to the Los
Angeles District Attorney's Office (LADA).
The City's Grant allocation for this year is $8,703.00, and it
is hereby recommended that the City, again, reallocate the funds
to the LADA's Office.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 17, 2002, be received and filed and his
recommendation approved. Motion carried.
Adjourned Regular City Council Minutes
May 8, 2002
RESOLUTION NO. 7954 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Waiver for Year Four of the Juvenile Accountability Incentive
Block Grant Program, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7954 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated April 24, 2002, was presented,
transmitting for consideration, Contract No. 564, Roof
Replacement of Vernon Power Plant, and recommending that the
contract be approved and authority be granted to advertise for
bids.
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the Director of Community
Services and Water, dated April 24, 2002, be received and filed
and his recommendation approved. Motion carried.
RESOLUTION NO. 7951 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 564 for Roof
Replacement of Vernon Power Plant and Authorizing Notice
Inviting Sealed Proposals or Bids in Accordance therewith, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7951 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated May 1, 2002, was presented,
transmitting for consideration, Contract No. 563, Resurfacing of
Soto Street, Bandini Boulevard, Pacific Boulevard, and Atlantic
Boulevard, and recommending that the contract be approved and
authority be granted to advertise for bids.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the Director of Community
Services and Water, dated May 1, 2002, be received and filed and
his recommendation approved. Motion carried.
RESOLUTION NO. 7955 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 563 for Resurfacing
of Soto Street, Bandini Boulevard, Pacific Boulevard and
Atlantic Boulevard and Authorizing Notice Inviting Sealed
Proposals or Bids in Accordance therewith, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7955 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 30, 2002, was presented,
advising that on December 19, 2001, this legislative body
adopted Resolution No. 7883 to provide Military Leave benefits
of up to six months to those employees who were being called for
active duty. Due to the uncertainty of the terrorist situation
and employees still being on active duty, it is hereby
recommended that the benefits currently provided in the Military
Leave Policy be increased from six months to up to one year.
Page 2 of 15
Adjourned Regular City Council Minutes
May 8, 2002
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City
Administrator/City Clerk, dated April 30, 2002, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 7959 - A Resolution of the City Council
of the City of Vernon Amending the Military Leave Policy and
Ratifying the Authorization to Extend, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7959 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2002, was presented,
advising that in accordance with Bid No. 1414, Purchase of One
(1) Elgin Crosswind Street Sweeper, the following bids were
received and opened on April 29, 2002:
Haaker Equipment $119,991.00
Norwood Equipment $132,664.00
Ricker Machinery $141,207.00
This has been reviewed by the Community Services and Water
Department. It is hereby recommended that the bid be awarded to
Haaker Equipment, the lowest bidder, a purchase agreement be
prepared, and a purchase order be issued for the purchase of a
street sweeper at an approximate cost of $119,991.00.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated May 1, 2002, be received and
filed and his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2002, was presented,
advising that in accordance with Bid No. 1412, purchase of one
(1) multi -phase protective relay test set and one (1) additional
module, the following bids were received and opened on March 21,
2002:
Omicron $44,150.00
Doble (c/o Young & Cc) $57,765.00
AVO International $63,750.00
This has been reviewed by the Utilities Department and due to
the established history of reliability and support in the field,
Doble (c/o Young & Co.) was selected. It is hereby recommended
that the bid be awarded to Doble (c/o Young & Co.), a purchase
agreement be prepared, and a purchase order be issued for the
purchase of the requested items at an approximate cost of
$57,765.00.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 1, 2002, be received and filed and his
recommendation approved. Motion carried.
Page 3 of 15
Adjourned Regular City Council Minutes
May 8, 2002
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2002, was presented,
advising that on November 13, 2001, this legislative body
approved and recommended that Layne Christensen be awarded the
bid to remove, disassemble, and produce a video log for Well No.
11. Due to the increased bacteriological problems encountered
by Well No. 19, on January 29, 2002, the Community Services and
Water Department requested that the funds and the study granted
for Well No. 11 be transferred to Well No. 19. Upon the
completion of the study, it was determined that Well No. 19 is
in need of rehabilitation and the entire pump unit be replaced.
This has been reviewed by the Community Services and Water
Department. Based on the experience and familiarity Layne
Christensen has acquired with the City's wells, it is hereby
recommended that their services be retained to perform the
rehabilitation and pump replacement for Well No. 19 at an
approximate cost of $258,127.00.
It was moved by Davis, seconded by McCormick, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 1, 2002, be received and filed and his
recommendation approved. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated May 1, 2002, was presented,
transmitting for consideration, Contract No. 561, Resurfacing of
Fire Station No. 3 and New Paving & Fencing of Booster Plant No.
3, and recommending that the contract be approved and authority
be granted to advertise for bids.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated May 1, 2002, be received and filed and
his recommendation approved. Motion carried.
RESOLUTION NO. 7958 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 561 for Resurfacing
of Fire Station No. 3, and New Paving & Fencing of Booster Plant
No. 3 and Authorizing Notice Inviting Sealed Proposals or Bids
in Accordance therewith, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7958 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated May 1, 2002, was presented,
transmitting for consideration, Contract No. 566, Emergency
Vehicle Preemption, and recommending that the contract be
approved and authority be granted to advertise for bids.
It was moved by Ybarra, seconded by Gonzales, the
aforementioned communication from the Director of Community
Services and Water, dated May 1, 2002, be received and filed and
his recommendation approved. Motion carried.
RESOLUTION NO. 7957 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 566 for Emergency
Vehicle Preemption and Authorizing Notice Inviting Sealed
Proposals or Bids in Accordance therewith, was presented.
Page 4 of 15
Adjourned Regular City Council Minutes
May 8, 2002
It was moved by McCormick, seconded by Davis, that
Resolution No. 7957 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated May 2, 2002, was presented,
transmitting for consideration, Contract No. 559, Traffic Signal
Modernization, and recommending that the contract be approved
and authority be granted to advertise for bids.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water, dated May 2, 2002, be received and filed and
his recommendation be approved. Motion carried.
RESOLUTION NO. 7956 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 559 for Traffic
Signal Modernization and Authorizing Notice Inviting Sealed
Proposals or Bids in Accordance therewith, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 7956 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated May 2, 2002, was presented,
transmitting a fully executed Grant of Easement from Strada
Developments, L.P., a Delaware Limited Partnership. The Grant
of Easement is for utility purposes and all other uses
appurtenant thereto in, on, over, under and through the real
property, located at 3571 Seville Avenue, approximately 2,591
square feet in size, assessor's parcel number 6302-020-040, in
the City of Vernon.
It is recommended that the Easement Deed be accepted, the
Certificates of Acceptance be approved, and the Mayor and City
Clerk be authorized to sign.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the Director of Community
Services and Water, dated May 2, 2002, be received and filed and
his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2002, was presented,
transmitting a one-year Water Right License and Agreement with
California Water Service Company for the rights to 750 acre-feet
of water. The cost of this water is $215.00 per acre-foot or
$161,215.00 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 Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 1, 2002, be received and filed and his
recommendation approved. Motion carried.
Page 5 of 15
Adjourned Regular City Council Minutes
May 8, 2002
RESOLUTION NO. 7966 - 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
California Water Services Company for the Period of July 1, 2001
through June 30, 2002, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7966 be approved and adopted. Motion carried.
The City Clerk advised that the following
communication from the City Administrator/City Clerk, dated May
2, 2002, and resolution be removed from the agenda.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 2, 2002, advising that on
April 9, 2002, the Finance Committee recommended to City Council
to approve the agreement with IGI Resources, Inc., for gas
procurement support for the Malburg Generating Station Project
at a cost not to exceed $25,000.00. It is hereby recommended
that the execution of such agreement be ratified.
RESOLUTION NO. 7961 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
an Agreement for Professional Consulting Services By and Between
the City of Vernon and IGI Resources, Inc.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 2, 2002, and Resolution No. 7961 be removed
from the agenda and no further action be taken at this time.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 2, 2002, was presented,
advising that this legislative body previously authorized staff
to seek proposals for the 26th Street Extension Project.
Proposals were reviewed by staff of the Community Services
Department and the City Attorney and it is hereby recommended
that the Plan Check Services of CNC Engineering Inc., be
retained and an agreement be executed.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated May 2, 2002, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 7965 - 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 CNC Engineering, Inc. Regarding the 26th
Street Extension Project, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7965 be approved and adopted. Motion carried.
Page 6 of 15
Adjourned Regular City Council Minutes
May 8, 2002
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 2, 2002, was presented,
advising that through a recent cost comparison analysis it has
been determined that it would be cost-effective for the City to
contract its tree trimming services rather than have City
crewmembers continue to perform such task. This has been
reviewed by the Community Services and Water Department and it
is hereby recommended that authorization be granted to issue
request for proposals for Urban Forest Management services.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated May 2, 2002, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 7963 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a Request for
Proposals for Urban Forest Management Services, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7963 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 2, 2002, was presented,
advising that the City recently revised Chapter 12 of the City
Code mistakenly eliminating garbage, rubbish, and weed abatement
provisions. At this time it is necessary that Chapter 7, Fire
Regulations, be amended to reincorporate the weed and rubbish
abatement provisions by adopting Ordinance No. 1085.
This has been reviewed by the Director of Community Services and
Water and the City Attorney and it is hereby recommended that
Ordinance No. 1085 be approved for a first reading.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 2, 2002, be received and filed and his
recommendation approved. Motion carried.
ORDINANCE NO. 1085 - An Ordinance of the City Council
of the City of Vernon Amending Chapter 7 of the Code of the City
of Vernon, California, 1959, Relating to Weed and Rubbish
Abatement and Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith, was read by Title, was read by title for a
first reading.
It was moved by McCormick, seconded by Davis, that
Ordinance No. 1085 be approved for a first reading. Motion
carried.
Communication from Bruce Olson, Chief of Police, dated
April 9, 2002, was presented, requesting authority and funds for
the below listed personnel to attend the "Tools for Tolerance
Seminar" at Los Angeles on May 16, 2002, with an expense
allowance of $17.80 each, of which POST will reimburse $14.76.
• Stephanie Johnson, Transcriber Typist
• Maria Gonzalez, Transcriber Typist
Page 7 of 15
Adjourned Regular City Council Minutes
May 8, 2002
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned seminar with an expense
allowance of $17.80. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 12, 2002, was presented, requesting authority and funds
for Sergeant Rex Hill to attend the "Less Lethal Munitions
Instructor's Training" at Anaheim on June 7 and 8, 2002, with an
expense allowance of $245.20, of which POST will reimburse
$37.84.
It was moved by Davis, seconded by McCormick, that
authority and funds be approved for Sergeant Rex Hill to attend
the aforementioned training with an expense allowance of
$245.20. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 12, 2002, was presented, requesting authority and funds
for the below listed personnel to attend the "CLETS Trainer
Seminar" at Irwindale on May 15 and 16, 2002, with an expense
allowance of $46.40 each, of which POST will reimburse $38.88.
• Maria Alway, Senior Dispatcher
• Cerissa Diaz, Dispatcher
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned seminar with an expense
allowance of $46.40 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 12, 2002, was presented, requesting authority and funds
for Sergeant Jerry Winegar to attend the "Type I Jail Overview
Training" at La Habra on May 21, 2002, with an expense allowance
of $122.20.
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Sergeant Jerry Winegar to
attend the aforementioned training with an expense allowance of
$122.20. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 12, 2002, was presented, requesting authority and funds
for Sergeant Rex Hill to attend the "Type I Jail Overview
Training" at La Habra on May 22, 2002, with an expense allowance
of $122.20.
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for Sergeant Rex Hill to attend
the aforementioned training with an expense allowance of
$122.20. Motion carried.
Page 8 of 15
Adjourned Regular City Council Minutes
May 8, 2002
Communication from Bruce Olson, Chief of Police, dated
April 18, 2002, was presented, requesting authority and funds
for the below listed personnel to attend the "Labor/Management
Dispute Update Seminar" at Palm Springs on June 5 through 7,
2002, with an expense allowance of $406.66 and $436.66
respectively.
• Anthony Zack, Sergeant
• James Rodino, Lieutenant
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned seminar with an expense
allowance of $406.66 and $436.66 respectively. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 23, 2002, was presented,
requesting authority and funds for himself and the below listed
City Officials to attend the "California Contract Cities
Association 43rd Seminar" at Indian Wells on May 29 through June
2, 2002, with an expense allowance of $1,215.42 each.
• Hilario Gonzales
• William Davis
• Michael McCormick
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the above listed city
officials to attend the aforementioned seminar with an expense
allowance of $1,215.42 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 25, 2002, was presented, requesting authority and funds
for Transcriber Typist Stephanie Johnson to attend the "Records
Clerk Course" at San Diego on June 3 through 7, 2002, with an
expense allowance of $1,101.20, of which POST will reimburse
$943.36.
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for Transcriber Typist Stephanie
Johnson to attend the aforementioned course with an expense
allowance of $1,101.20. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 25, 2002, was presented, requesting authority and funds
for Detective Jason Bogosian to attend the "Search Warrants
Course" at Redondo Beach on June 21, 2002, with an expense
allowance of $15.50, of which POST will reimburse $8.00.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for Detective Jason Bogosian to
attend the aforementioned course with an expense allowance of
$15.50. Motion carried.
Page 9 of 15
Adjourned Regular City Council Minutes
May 8, 2002
Communication from Bruce Olson, Chief of Police, dated
April 25, 2002, was presented, requesting authority and funds
for the below listed personnel to attend the "Tools for
Tolerance Seminar" at Los Angles on June 6, 2002, with an
expense allowance of $17.80 each, of which POST will reimburse
$14.76.
• Rosa Moctezuma, Transcriber Typist
• Marianne Vasquez, Transcriber Typist
It was moved by Davis, 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 $17.80 each. Motion carried.
Communication from Steven E. Parker, Fire Chief, dated
May 1, 2002, was presented, requesting authority and funds for
the below listed Firefighters to attend the "Rescue Systems II
Class" at Anaheim on June 24 through June 28, 2002, with an
expense allowance of $325.00 each.
• Derek Meyer
• James Espalin
• Greg Galvan
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for the above listed fire
personnel to attend the aforementioned class with an expense
allowance of $325.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated April 25, 2002, was presented, transmitting the
Minutes of the Regular Finance Committee Meeting held April 23,
2002, for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Davis, that the
Minutes of the Regular Finance Committee Meeting held April 23,
2002, be approved. Motion carried.
RESOLUTION NO. 7952 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of a New Ford
Excursion for the Fire Department, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7952 be approved and adopted. Motion carried.
RESOLUTION NO. 7953 - 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 Control Air Conditioning Corporation, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7953 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 2, 2002, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting held
May 7, 2002, for approval of the recommendations contained
therein.
Page 10 of 15
Adjourned Regular City Council Minutes
May 8, 2002
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the Agenda for the Regular Finance
Committee Meeting held May 7, 2002, be approved. Motion
carried.
RESOLUTION NO. 7960 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Contractual Services By and Between the City of
Vernon and Brian J. Adel, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7960 be approved and adopted. Motion carried.
RESOLUTION NO. 7962 - 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 Michael R. Kodama Planning Consultants,
was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7962 be approved and adopted. Motion carried.
RESOLUTION NO. 7964 - 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 Bond
Logistix LLC Regarding The Malburg Generating Station Project,
was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7964 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 2, 2002, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting to
be held May 7, 2002, for approval of the recommendations
contained therein.
It was moved by Gonzales, seconded by Ybarra, that the
recommendations on the Agenda for the Adjourned Regular
Personnel Committee Meeting held May 7, 2002, be approved.
Motion carried.
Warrant Register No. 1089 covering claims and demands
presented during the period of April 11 through May 1, 2002,
drawn on Wells Fargo Bank totaling $797,258.67, which includes
demand nos. 204152 through 204517, (inclusive), excluding
Utilities' demands and voided checks nos. 204190 and 204198.
(Accounting period May 2002).
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 1089 be approved and payment authorized for
claims and demands totaling $797,258.67, excluding Utilities'
demands and voided checks as listed above. Motion carried.
Page 11 of 15
Adjourned Regular City Council Minutes
May 8, 2002
Warrant Register No. 1089 covering claims and demands
presented during the period of April 11 through May 1, 2002,
drawn on Wells Fargo Bank totaling $9,503,754.37, which includes
Utilities' demands nos. as listed below: (Accounting period May
2002).
204152
204162
204164
204171
204173
204176
204178
204180
204181
204183
204186
204192
204204
204205
204206
204209
204213
204214
204222
204230
204239
204245
204247
204248
204249
204250
204251
204253
204254
204255
204262
204268
204274
204280
204290
204291
204292
204297
204309
204312
204314
204320
204327
204335
204343
204354
204360
204369
204372
204373
204385
204394
204396
204414
204416
204418
204426
204438
204442
204443
204445
204454
204460
204464
204467
204473
204491
204492
204493
204494
204511
204514
204515
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1089 be approved and payment authorized for
Utilities' claims and demands totaling $9,503,754.37. 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 5:45 p.m. The City
Council reconvened in regular session at 5:48 p.m., all members
present before the recess again being present.
The City Clerk advised that now was the time to go
into closed session on Item No. 1.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into closed session on Item No. 1, the time
being 5:48 p.m. 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, Chief of
Police, Police Captain, Vernon Police Officer, 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 § 54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
b. EMPLOYEE PERFORMANCE EVALUATION
The Vernon Police Officer was excused from closed
session at 5:50 p.m.
5:50 p.m.
The Chief of Police and Police Captain were excused at
Page 12 of 15
Adjourned Regular City Council Minutes
May 8, 2002
It was moved by Ybarra, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 5:50 p.m.
The City Clerk advised that now was the time go into
closed session on Item Nos. 2 and 3.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session on Item Nos. 2 and 3, the
time being 5:50 p.m. 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.
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. 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);
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),
RT01-85 (ISO) and RTO1-92 (SCE); SRP v. ISO, FERC
Page 13 of 15
Adjourned Regular City Council Minutes
May 8, 2002
Docket No. ELO1-84; 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;
(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) 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.);
(u) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02-
01247 DT
3. With respect to every item of business to be discussed
in closed session pursuant to Government Code 54956.95.
LIABILITY CLAIMS
Claimant: JOSE MESA
Agency Claimed Against: CITY OF VERNON
Claimant: VMC DISTRIBUTION CORP.
Agency Claimed Against: CITY OF VERNON
It was moved by Ybarra, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 5:58 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
Liability Claim of Jose Mesa be rejected. Motion carried.
It was moved by McCormick, seconded by Davis, that the
Liability Claim of VMC Distribution Corporation be rejected.
Motion carried.
It was moved by Gonzales, seconded by Davis, that the
discipline recommended by the Chief of Police for the Vernon
Police Officer be approved. Motion carried.
Page 14 of 15
Adjourned Regular City Council Minutes
May 8, 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 6:00 p.m.
Motion carried.
s
Leonis C. Malburg
Mayor
Attest:
Bruce V. Malkenhorst
City Clerk
Page 15 of 15
NOTICE OF ADJOURNMENT
Notice is hereby given that the City Council Meeting to be held
May 1, 2002 at 5:00 p.m., was adjourned (Due to Lack of Quorum)
to May 8, 2002 at 5:00 p.m., to be held in the City Council
Chambers of the City Hall located at 4305 Santa Fe Avenue,
Vernon, California, by order of the City Council.
Date C13ief Deput ity Clerk
AFFIDAVIT OF POSTING
NOTICE OF ADJOURNMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Gloria J. Orosco, declare as follows:
That I am the Chief Deputy City Clerk of the City of
Vernon, and that a regular meeting of the City Council of the
City of Vernon to be held May 1, 2002 was adjourned to May 8,
2002, and that a copy of said notice (as set forth above) was
posted at a conspicuous place near the door of the room at which
said meeting was to be held, within 24 hours of said
adjournment.
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on at Vernon, California.
611
C ief Dep City Clerk