20020515 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR
CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD MAY 15, 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 Adjourned Regular City Council Meeting held May
8, 2002, be approved and adopted as submitted. Motion carried.
Police Department Activity Log for the period
May 1 through 14, 2002, was presented.
It was moved by Davis, seconded by McCormick, that the
Police Department Activity Log for the period May 1 through 14,
2002, be received and filed. Motion carried.
Fire Department Activity Report for the period
May 1 through 14, 2002, was presented.
It was moved by Davis, seconded by Gonzales, that the
Fire Department Activity Report for the period May 1 through 14,
2002, be received and filed. Motion carried.
Risk Management Report for the month of April 2002,
was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Risk Management Report for the month of April 2002, be received
and filed. Motion carried.
Health Department Report for the month of April 2002,
was presented.
It was moved by Ybarra, seconded by Davis, that the
Health Department Report for the month of April 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.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2002, was presented,
advising that in order to expedite financial matters in a more
efficient manner, it is hereby recommended that Resolution No.
7682, adopted December 19, 2000, be amended to schedule the
Finance Committee Meetings on the Tuesday after each Regular
City Council Meeting.
Regular City Council Meeting Minutes
May 15, 2002
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.
RESOLUTION NO. 7961 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 7682 Which Set the
Time and Place for Regular Meetings of Committees and
Commissions of the City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7961 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2002, was presented,
advising that on April 23, 2002, the Director of Community
Services and Water prepared a letter to the City Council, which
was hand -delivered with regular mail on April 25, 2002.
Submitted herewith for the record is a copy of the Director's
letter regarding Well No. 18 on 515t Street indicating the
chemical levels of Perchlorate.
Samuel Kevin Wilson Director of Community Services and
Water briefly summarized this matter for them.
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. Motion
carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 9, 2002, was presented,
recommending that the City Council reaffirm its intent regarding
its Administrative Organization.
The City Attorney briefly summarized this matter.
The Mayor asked if there were any questions.
There were no questions.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City
Administrator/City Clerk, dated May 9, 2002, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 7967 - A Resolution of the City Council
of the City of Vernon Declaring Its Intent Regarding the City's
Administrative Organization, was read in its entirety by the
City Clerk.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7967 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 6, 2002, was presented,
requesting authority and funds for Senior Environmental Health
Specialist Leonard Grossberg to attend the "Closed, Inactive and
Abandoned Landfills Workshop" at San Diego on May 8 and 9, 2002,
with an expense allowance of $153.40.
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Regular City Council Meeting Minutes
May 15, 2002
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for Senior Environmental Health
Specialist Leonard Grossberg to attend the aforementioned
workshop with an expense allowance of $153.40. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 7, 2002, was presented,
requesting authority and funds for the below listed personnel to
attend the "WIN 2000 Network OS Essentials Seminar" at Anaheim
on June 3 through 10, 2002, with an expense allowance of
$1,374.00 each.
• John Salomon, Information Technology Manager
• Vipul Patel, Information System Analyst
It was moved by Davis, seconded by Gonzales, that
authority and funds be approved for the above listed personnel
to attend the aforementioned seminar with an expense allowance
of $1,374.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 9, 2002, was presented, transmitting the
Agenda for the Regular Finance Committee Meeting held May 14,
2002, for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the Agenda for the Regular Finance
Committee Meeting held May 14, 2002 be approved. Motion
carried.
RESOLUTION NO. 7968 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a Request for
Proposals for a New Firewall Security System, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7968 be approved and adopted. Motion carried.
RESOLUTION NO. 7969 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Special Services (July 1, 2002 To June 30,
2003) By and Between the City of Vernon and Liebert Cassidy
Whitmore, A Professional Corporation, Pertaining to Employment
Relations Matters, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7969 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 9, 2002, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting
held May 14, 2002, for approval of the recommendations contained
therein.
It was moved by McCormick, seconded by Davis, that the
recommendations on the Agenda for the Adjourned Regular
Personnel Committee Meeting held May 14, 2002, be approved.
Motion carried.
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Regular City Council Meeting Minutes
May 15, 2002
The Mayor called a short recess at 5:31 p.m. The City
Council reconvened in regular session at 5:33 p.m., all members
present before the recess again being present.
The City Clerk announced that now was the time to go
into closed session on Item Nos. 2 and 3.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into closed session on Item Nos. 2 and 3, the
time being 5:34 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.
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. ERO1-313 (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,
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Regular City Council Meeting Minutes
May 15, 2002
et al.) consolidated with FERC Docket No. EL00-98;
FERC Docket Nos. RTO1-82 (SDG&E), RTO1-83 (PG&E),
RTO1-85 (ISO) and RT01-92 (SCE); SRP v. ISO, FERC
Docket No. ELO1-84; City of Anaheim, et al. v.
ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ-
R; 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 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. ELO1-34 (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
It was moved by Gonzales, seconded by Ybarra, that the
City Council go out of closed session on Item Nos. 2 and 3 and
resume regular session, the time being 5:49 p.m. Motion
carried.
The City Clerk announced that now was the time to go
into closed session on Item No. 1.
It was moved by Davis, seconded by McCormick, that the
City Council go into closed session on Item No. 1, the time
being 5:49 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.
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
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Regular City Council Meeting Minutes
May 15, 2002
It was moved by McCormick, seconded by Ybarra, that
the City Council go out of closed session and resume regular
session, the time being 6:01 p.m. 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 6:02 p.m.
Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
LLeonis C. albur
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