20021106 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY
COUNCIL MEETING OF THE CITY OF
VERNON HELD NOVEMBER 6, 2002,
AT 5:00 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
LOCATION: VERNON CITY HALL - CITY COUNCIL CHAMBERS
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
October 23, 2002, be approved and adopted as submitted. Motion
carried.
The City Clerk announced that now was the time to
present the Service Pins.
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council.
Jerome Schreiber
Tilahun Alemu
Senior Electrical
Inspector
Resource Engineer
15 years
10 years
The following employee was unable to attend the
meeting and his Service Pin was accepted by the Chief of Police.
Richard Hill Police Officer 5 years
Police Department Activity Log for the period
October 16 through 31, 2002, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period
October 16 through 31, 2002, be received and filed. Motion
carried.
Fire Department Activity Report for the period
October 16 through 31, 2002, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period October 16
through 31, 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.
Regular City Council Meeting Minutes
November 6, 2002
Mr. Leonard Subotnick, President of L.A. Carton Co.,
Inc., introduced himself and addressed the City Council on a
Parcel Tax issue. The Director of Community Services and City
Attorney both acknowledged the receipt of Mr. Subotnick's
correspondence and advised Mr. Subotnick that a review on this
matter would be conducted and that the City's determination
would be mailed shortly to him.
Mr. Subotnick, thanked the City Council for their time
and their undivided attention given on this matter.
The City Clerk announced that now was the time to open
the public hearing to consider a request for a variance from
Woodland Realty Corp., located at 2080 East 25th Street, to allow
the applicant to utilize four (4) non -conforming truck -loading
spaces in compliance with Section 26.4.2-8(c) of the
Comprehensive Zoning Ordinance.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider a request for a variance from
Woodland Realty Corp., located at 2080 East 25th Street, to allow
the applicant to utilize four (4) non -conforming truck -loading
spaces in compliance with Section 26.4.2-8(c) of the
Comprehensive Zoning Ordinance, the time being 5:12 p.m. Motion
carried.
The Director of Community Services and Water addressed
the City Council, briefly summarized the following matter, and
advised the Council that his recommendation to make a
determination should be a recommendation that the variance be
granted subject to the conditions listed.
Communication from Kevin Wilson, Director of Community
Services and Water, dated October 30, 2002, was presented,
advising that Woodland Realty Corp., has requested a variance
from the Comprehensive Zoning Ordinance Section 26.4.2-8(c),
Development Standards for the property located at 2080 East 25th
Street in the City of Vernon. The variance is to allow the use
of four (4) non -conforming truck loading spaces. All the
loading spaces, however, will be restricted to trucks that do
not extend into the public right-of-way.
Submitted herewith are the following supporting documents:
1. Staff Report dated October 23, 2002.
2. Request for variance application 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.
The project is categorically exempt from California
Environmental Quality Act (CEQA) because it is an existing
facility as described in Section 15301.
Page 2 of 17
Regular City Council Meeting Minutes
November 6, 2002
It is hereby recommended that the City Council determine:
a. The facility shall be operated in accordance with all
current codes, rules, and regulations and subject to
permit fees as adopted by the City of Vernon not
otherwise addressed by this grant of a variance.
b. The applicant shall maintain the yard clean, free of
debris, and prevent off -site migration of debris.
C. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other
nuisances.
d. Woodland Realty Corp., shall repair any broken,
cracked or displaced sidewalk, curbs or gutters
adjoining the site.
e. Upon any expansion or structural alteration of the
building, or prior to August 19, 2009, the entire site
shall be made to conform to all truck and automobile
parking requirements and all truck loading
requirements, pursuant to section 26.4.E-4(b) of the
Comprehensive Zoning Ordinance, unless a variance is
granted by the Vernon City Council.
f. This variance shall automatically expire at the time
of any expansion or structural alteration of the
building, or on August 19, 2009, whichever occurs
first, at which time the use of the parking, access or
loading area(s) allowed by this variance shall be
discontinued unless brought into compliance with all
applicable standards for parking, access and loading
areas set forth in the Comprehensive Zoning Ordinance.
Said parking, access or loading area(s) shall be
treated in the same manner as a legal nonconforming
use subject to Section 26.4.E-4(b).
g. Upon any change in use, occupancy, or ownership of all
or a portion of the site, the entire site shall be
made to conform to all truck and automobile parking
requirements and all truck loading requirements.
h. All parking and loading areas necessary for Woodland
Realty Corp., operations shall be striped in a manner
acceptable to the Director of Community Services &
Water, shall be paved with a hard durable surface
material, and shall be adequately drained, kept free
of dust, mud, trash, and weeds. Where parking or
maneuvering areas adjoin the public street, a barrier
wall or landscaping shall be maintained to meet City
standards. Adequate on -site parking shall be
maintained so that off-street parking will not occur.
i. The project site shall be maintained substantially in
compliance with the site plan submitted, as part of
this variance application.
j. The usage of the non -conforming truck loading spaces
shall be limited so that no parked trucks or trucks
using the loading docks shall extend into the street
right-of-way as shown on the Master Plan of Streets,
dated June 16, 1992.
Page 3 of 17
Regular City Council Meeting Minutes
November 6, 2002
k. This variance shall only be valid while Woodland
Realty Corp., remains the owner of the property. A
new variance will be required upon change of occupancy
or ownership.
1. All existing and future tenants shall be notified of
these restrictions and a condition stating this shall
be placed in all future leases.
M. The facility shall be operated in a manner, which will
not impede traffic on 25th Street.
n. Signs shall be posted in front of the nonconforming
truck loading spaces stating the restrictions on the
length of the trucks accessing the subject loading
docks.
o. Non-compliance with the conditions shall constitute
sufficient grounds for the City Council of the City of
Vernon to void this variance and require Woodland
Realty Corp., to comply with the automobile parking
requirements of the Comprehensive Zoning Ordinance.
It was moved by McCormick, seconded by Ybarra, to
close the public hearing to consider a request for a variance
from Woodland Realty Corp., the time being 5:18 p.m. Motion
carried.
It was moved by Davis, seconded by McCormick, that the
aforementioned communication from the Director of Community
Services and Water, dated October 30, 2002, and any and all
supporting documents submitted as evidence during the public
hearing be received and filed. It was also moved that Mr.
Wilson's oral recommendation to grant the variance to Woodland
Realty Corp., subject to conditions "a through o," be approved,
as opposed to the Council making determinations. Motion
carried.
RESOLUTION NO. 8101 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Woodland Realty
Corp. from Section 26.4.2-8(C) of the Comprehensive Zoning
Ordinance, for the Property Located at 2080 East 25th Street in
the City of Vernon, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8101 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the public hearing to consider a request for a variance from
David Pourbaba from Section 28.28(b) and 26.3.5-4(g) of the
Vernon City Code, to subdivide his lot such that one parcel will
be 25,468 square feet in size with a 111' frontage on a public
street for the property located at 4419 Pacific Boulevard,
Vernon, California.
Page 4 of 17
Regular City Council Meeting Minutes
November 6, 2002
It was moved by Ybarra, seconded by Davis, to open the
public hearing to consider a request for a variance from David
Pourbaba from Section 28.28(b) and 26.3.5-4(g) of the Vernon
City Code, to subdivide his lot such that one parcel will be
25,468 square feet in size with a 111' frontage on a public
street for the property located at 4419 Pacific Boulevard,
Vernon, California, the time being 5:19 p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council, briefly summarized the following matter, and
advised them that the recommendation to make a determination
should be a recommendation that the variance be granted subject
to the conditions listed.
Communication from Kevin Wilson, Director of Community
Services and Water, dated October 30, 2002, was presented,
advising that David Pourbaba has requested a variance from
Section 26.3.5-4(g) and 28.28(b) of the Vernon City Code. David
Pourbaba is seeking a variance from the required minimum lot
size requirement of one acre and minimum street frontage of 150'
lineal feet on a public street. Mr. Pourbaba proposes to
subdivide his lot such that one parcel will be 25,468 square
feet in size with a 111' frontage on a public street. Section
26.3.5-4(g) states that no lot shall be established for
commercial use or general office use unless the lot is at least
three-quarter (3/4) acre in size and that no lot shall be
established for any other use unless the lot size is at least
one acre in size. Section 28.28(b) states that all lots shall
have frontage of at least 150' lineal feet on a public street.
The property site for which a variance is sought is located at
4419 Pacific Boulevard in the City of Vernon. This site is
located in the M-Zone, General Industrial.
Submitted herewith are the following supporting documents:
1. Staff Report dated October 17, 2002.
2. Request for variance application 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.
The project is categorically exempt from California
Environmental Quality Act (CEQA) because it is an existing
facility as described in Section 15301.
It is hereby recommended that the City Council determine:
a) The facility shall be operated in accordance with all
current codes, rules, and regulations and subject to
permit fees as adopted by the City of Vernon.
b) The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other
nuisances.
c) David Pourbaba shall repair any broken, cracked or
displaced sidewalk, curbs or gutters adjoining the
site.
Page 5 of 17
Regular City Council Meeting Minutes
November 6, 2002
d) The project site shall be maintained substantially in
compliance with the site plan submitted, as part of
this variance application.
e) In conjunction with the recordation of the parcel map
a covenant shall be recorded tying parcel "1" of
Parcel Map No. 26778 with the property located at 4400
Pacific Boulevard for the purpose of providing parking
and loading compliance with the City of Vernon's
Comprehensive Zoning Ordinance.
It was moved by Gonzales, seconded by Ybarra, to close
the public hearing to consider a request for a Variance
Application from David Pourbaba, the time being 5:30 p.m.
Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the Director of Community
Services and Water, dated October 30, 2002, any and all
supporting documents submitted as evidence during the public
hearing be received and filed. It was also moved that Mr.
Wilson's oral recommendations to grant the variance to David
Pourbaba subject to conditions "a through e," be approved, as
opposed to the Council making determinations. Motion carried.
RESOLUTION NO. 8100 - A Resolution of the City Council
of the City of Vernon Granting a Variance to David Pourbaba from
Section 28.28(b) and 26.3.5-4(g) of the Vernon City Code for the
Property Located at 4419 Pacific Boulevard in the City of
Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8100 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the Public Hearing to consider Tentative Parcel Map No. 26778,
from David Pourbaba, to subdivide 1.59 acres located at 4419
Pacific Boulevard into two parcels.
It was moved by Davis, seconded by Ybarra, to open the
public hearing to consider Tentative Parcel Map No. 26778, from
David Pourbaba, to subdivide 1.59 acres located at 4419 Pacific
Boulevard into two parcels, the time being 5:30 p.m. Motion
carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated October 30, 2002, was
presented, advising that David Pourbaba has submitted Tentative
Parcel Map No. 26778 for investigation and report in accordance
with the Subdivision Map Act. They are proposing to subdivide
1.59 acres located at 4419 Pacific Boulevard into two parcels.
Page 6 of 17
Regular City Council Meeting Minutes
November 6, 2002
Submitted herewith are the following supporting documents:
1. Engineer's Report dated October 23, 2002.
2. Print of Tentative Parcel Map No. 26778.
3. Notice of Public Hearing, copies of notification
letters to owners, and affidavits of posting and
mailing.
4. Excerpts from the Subdivision Map Act.
The adoption of the Tentative Parcel map will pose no adverse
effects on the City of Vernon or any surrounding areas. The
project is consistent with the General Plan as adopted by the
City of Vernon and is categorically exempt from the California
Environmental Quality Act (CEQA) because it consists of four or
less parcels.
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 is categorically exempt from CEQA
under Section 15315 of the CEQA Guidelines (division
of industrial property into four or fewer parcels).
It is further recommended that Tentative Parcel Map No. 26778 be
approved subject to the following conditions:
1. Reconstruct to City Standards any damaged curb, gutter
and/or sidewalk along the Pacific Boulevard
frontage. All existing public facilities within the
public right-of-way shall be protected in place or
removed and replaced per City of Vernon Standards.
Sweatshade street trees shall be planted in accordance
with City Standards in -lieu of City approved onsite
landscaping. Said improvements shall be at no cost to
the City.
2. The Developer shall construct new driveway aprons with
new curb, gutter and sidewalk along Pacific Boulevard
where vehicular access is required. All improvements
shall conform to City of Vernon Standards and shall be
paid for by the Developer. Driveway aprons for truck
access shall be 50, minimum width and driveway aprons
for passenger vehicle use shall be 27' minimum in
width.
3. All storm drainage shall be in accordance with NPDES
requirements. The properties shall be graded such that
drainage shall not cross property lines except as
provided by a drainage easement approved by the City.
Parkway drains per City of Vernon standards shall be
provided to channel on -site drainage into the public
right-of-way.
Page 7 of 17
Regular City Council Meeting Minutes
November 6, 2002
4. The parcels shall be provided with utilities. New and
existing utilities shall not cross property lines,
unless utility easements are provided and approved by
the City of Vernon Community Services or Utilities
Departments.
The Mayor asked if there were any questions regarding
this matter.
There were no questions regarding the above matter at
this time.
It was moved by McCormick, seconded by Ybarra, to
close the public hearing to consider Tentative Parcel Map No.
26778 from David Pourbaba for the subdivision of 1.59 acres
located at 4419 Pacific Boulevard into two parcels, the time
being 5:37 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated October 30, 2002, any and all
supporting documents submitted as evidence during the public
hearing be received and filed. Motion carried. carried.
It was moved by Ybarra, seconded by McCormick, that
the City Council determine that the project is consistent with
the General Plan as adopted by the City of Vernon. Motion
carried.
It was moved by Gonzales, seconded by Davis, that the
City Council determine that the project is categorically exempt
from CEQA under Section 15315 of the CEQA Guidelines. Motion
carried.
It was moved by McCormick, seconded by Davis, that
Tentative Parcel Map No. 26778 be approved subject to the
adherence to conditions "1 through 4." Motion carried.
The City Clerk announced that now was the time to
continue the hearing to consider the Industrial Disability
Retirement Application from Fire Engineer Randy Bohlander.
(Continued from the City Council Meeting held October 23, 2002)
It was moved by Ybarra, seconded by Davis, to continue
the hearing to consider the Industrial Disability Retirement
Application for Fire Engineer Randy Bohlander, the time being
5:38 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated October 1, 2002, was presented,
advising that Randy Bohlander was hired as a Firefighter on
February 1, 1970; and filed a workers' compensation claim for
heart valve replacement surgery on September 4, 2001.
Page 8 of 17
Regular City Council Meeting Minutes
November 6, 2002
Mr. Bohlander has exhausted his Labor Code 4850 benefits as of
September 3, 2002 which provides that a safety member while on
leave of absence due to an injury or illness arising out of or
in the course of his or her duties is entitled to receive no
loss of salary for the duration of the disability but not
exceeding one year. The unusual nature of this matter and the
fact that the City no longer has access to medical reports has
required the assistance of John Tharp, the City's workers
compensation attorney.
On a letter dated September 19, 2002, Mr. Tharp refers to
Government Code Section 21020 in that either a medical report
indicating that the applicant is permanent and stationary and/or
disability of permanent or extended and uncertain duration is
sufficient entitlement for industrial disability retirement.
Based on medical information, Mr. Bohlander's heart problem is
of a permanent or an extended and uncertain duration.
This has been reviewed by our Risk Manager and it is hereby
recommended that the City Council approve Fire Engineer Randy
Bohlander's Industrial Disability Retirement Application and
issuance of advanced disability pension payments in the amount
of $3,177.00 to be paid monthly beginning September 4, 2002.
(Continued from City Council Meeting held October 23, 2002.)
The City Attorney addressed the City Council and
advised that the City is, in fact, entitled to medical reports
that will support the application for industrial disability and
that the employee must provide such information or the City
Council may not make the industrial disability determination.
The City Attorney advised that the City has now received medical
reports regarding Mr. Bohlander dated October 30, 2002, November
1, 2002, and November 6, 2002. Such reports have been received
and reviewed and establish that Mr. Bohlander has an industrial
disability.
It was moved by Gonzales, seconded by Davis, to close
the hearing to consider the Industrial Disability Retirement
Application for Fire Engineer Randy Bohlander, the time being
5:39 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra,
that the aforementioned communication from the City Clerk, dated
October 1, 2002, and any and all supporting documents submitted
as evidence during the public hearing be received and filed and
the Industrial Disability Retirement Application for Fire
Engineer Randy Bohlander be approved. Motion carried.
RESOLUTION NO. 8098 - A Resolution of the City Council
of the City of Vernon Granting the Disability Retirement of
Randy Bohlander, a Local Safety Member Employed by the City of
Vernon (Government Code Sections 21154 and 21156), was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8098 be approved and adopted. Motion carried.
Page 9 of 17
Regular City Council Meeting Minutes
November 6, 2002
The City Attorney advised the City Council that the
following matter be deferred to the next meeting and reminded
them that the City Administrator, at the September 18, 2002,
Council Meeting, was authorized to execute any documents
necessary with regards to this issue.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated September 12, 2002, advising
that pursuant to Amendment No. 1 to the Edison -Vernon
Victorville-Lugo Transmission Service Agreement, the City has a
one-time right to extend the 64 MW additional transmission
service beyond December 31, 2002. Utilities' staff advises that
the 64 MW of Victorville-Lugo additional transmission service be
terminated due to the development of the Malburg Generation
Station, which will satisfy a substantial portion of Vernon's
energy requirements in the future, save substantial ongoing
costs and future cost exposures associated with retaining the
Victorville-Lugo additional transmission service, and reduce
Edison's transmission cost by approximately $414,000.00 per
year. This has been reviewed by the Director of Utilities and
it is hereby recommended that the Edison -Vernon Victorville-Lugo
Transmission Service Agreement be terminated. (Deferred from
City Council Meeting held October 23, 2002.)
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated October 29, 2002, advising that
the Director of Utilities advised that his department is not
asking to terminate the Edison -Vernon Victorville Lugo
agreement, that it only wants to determine how much, if any, of
the 64 MW is to be retained as part of the agreement.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communications from the City
Administrator/City Clerk, dated September 12, 2002, and October
29, 2002, be deferred to the next Council Meeting. Motion
carried.
The City Attorney advised the City Council that the
following matter and resolution should be deferred to the next
Council Meeting.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated October 3, 2002, advising that
in 1997, the City of Vernon and Southern California Edison
Company (Edison) entered into a Restructuring Agreement which
provides for the issuance of revised franchise agreement to
Edison and for the granting of certain Edison property to the
City of Vernon for the extension of 26th Street in connection
with the I-710 Bandini Interchange Project.
After further negotiations, it has been determined that the City
will need to acquire new property from Edison rather than the
property stated on the original agreement.
As part of this agreement, it is necessary at this time that a
resolution finding and determining that the public interest and
necessity require the acquisition of such property.
Page 10 of 17
Regular City Council Meeting Minutes
November 6, 2002
This has been reviewed by the Director of Community Services and
Water and the City Attorney and it is hereby recommended that a
resolution for "necessity and intent to condemn" be approved and
adopted. (Deferred from City Council Meeting held October 23,
2002.)
RESOLUTION NO. 8081 - A Resolution of the City Council
of the City of Vernon Finding and Determining that the Public
Interest and Necessity Require the Acquisition of Certain Real
Property for the Extension of 26th Street in the City of Vernon.
(Deferred from City Council Meeting held October 23, 2002.)
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated October 3, 2002, and Resolution No. 8081 be
deferred to the next Council Meeting. 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 City Clerk advised that with regard to the
following matter, the Utilities' Department is correcting the
periods under the Agreement from April 1998 through May not
March 31, 2002, and clarifying the interpretation of the
Agreement for the service period of June not April 1, 2002,
through January 31, 2007.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated October 31, 2002, was presented,
transmitting the Letter of Understanding and Mutual Release with
Southern California Edison Company (SCE) concerning the Edison -
Vernon 1997 Restructuring Agreement. Staff has been negotiating
with SCE to determine the amounts billable to them by the City
of Vernon for ancillary services. All the terms of the proposed
Letter of Understanding have been worked out to resolve the
dispute relating to ancillary services under the Agreement for
the period of April 1998 through March 31, 2002 and clarifying
the interpretation of the Agreement for the service period of
April 1, 2002 through January 31, 2007.
This has been reviewed by the City Attorney and it is hereby
recommended that the Letter of Understanding be approved and
executed.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated October 31, 2002, be received
and filed and that the proposed Letter of Understanding be
approved and executed as corrected. 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.
Page 11 of 17
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November 6, 2002
RESOLUTION NO. 8099 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter of Understanding and Mutual Release By and Between the
City of Vernon and Southern California Edison Company, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8099 be approved and adopted. 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.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated October 31, 2002, was presented,
advising that on October 23, 2002, this legislative body,
approved Amendment No. One to the Edison -Vernon Supplemental
Restructuring Agreement, which permits the City of Vernon to
acquire the real property at the easterly end of the Bandini
Substation for the construction of the 26th Street Extension.
Upon the acquisition of the real property, Southern California
Edison and Cingular, Inc., will have to relocate their
facilities. The relocation of facilities is part of the right-
of-way procedure and requires compensation to the Utilities for
costs associated with the relocation. Southern California
Edison has provided an estimated cost of $323,222.00.
This has been reviewed by the Director of Community Services and
Water and the City Attorney and it is hereby recommended that
the City pay the estimated amount of $323,222.00 for the
relocation expenses of Southern California Edison and Cingular,
Inc.
The Director of Community Services and Water advised
for the record that the real property to be acquired is at the
westerly end not the easterly end of the Bandini Substation.
matter.
The Mayor asked if there were any questions on this
There were no questions on this matter at this time.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated October 31, 2002, be received
and filed as corrected and his recommendation approved. 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.
Communication from Bruce Olson, Chief of Police, dated
October 18, 2002, was presented, requesting authority and funds
for Lieutenant James Rodino to attend the "Polygraph Work
Conference" at San Diego on December 9 through 13, 2002, with an
expense allowance of $1,328.95.
Page 12 of 17
Regular City Council Meeting Minutes
November 6, 2002
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Lieutenant James Rodino to
attend the aforementioned conference with an expense allowance
of $1,328.95. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
October 22, 2002, was presented, requesting authority and funds
for Detective Michael Docherty to attend the "Simunition
Training & Safety Course" at Huntington Beach on December 3
through 6, 2002, with an expense allowance of $590.00.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Police Detective Michael
Docherty to attend the aforementioned course with an expense
allowance of $590.00. Motion carried.
Communication from Steven E. Parker, Fire Chief, dated
October 29, 2002, was presented, requesting authority and funds
for himself to attend the "Fire Chiefs' Leadership Seminar" at
Monterey on December 11 through 13, 2002, with an expense
allowance of $1,289.00.
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for Fire Chief Steven E. Parker
to attend the aforementioned seminar with an expense allowance
of $1,289.00. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated October 29, 2002, was presented,
requesting authority and funds for Environmental Health
Specialist Lyndon Ong Yiu to attend the "Foundation for Cross -
Connection Control Hydraulic Research -Training" at Los Angeles
on January 27 through 31, 2003, with an expense allowance of
$702.00.
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for Environmental Health
Specialist Lyndon Ong Yiu to attend the aforementioned training
with an expense allowance of $702.00. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated October 30, 2002, was
presented, requesting authority and funds for Code Enforcement
Inspector Leo Lee to attend the "ICBO 2001 California Building
Code Non -Structural Update Conference" at Alhambra on December
3, 2002, with an expense allowance of $80.80.
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Code Enforcement Inspector
Leo Lee to attend the aforementioned conference with an expense
allowance of $80.80. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated October 31, 2002, was presented, transmitting
the Agenda for the Regular Personnel Committee Meeting to be
held November 6, 2002, for approval of the recommendations
contained therein.
Page 13 of 17
Regular City Council Meeting Minutes
November 6, 2002
It was moved by Gonzales, seconded by McCormick, that
the recommendations on the Agenda for the Regular Personnel
Committee Meeting held November 6, 2002, be approved. Motion
carried.
Warrant Register No. 1101 covering claims and demands
presented during the period of October 17 through October 30,
2002, drawn on Wells Fargo Bank totaling $1,993,309.12, which
includes demand nos. 207246 through 207505, (inclusive),
excluding Utilities' demands and voided check nos. 207283 and
207297. (Accounting period November 2002).
It was moved by Ybarra, seconded by Davis, that
Warrant Register No. 1101 be approved and payment authorized for
claims and demands totaling $1,993,309.12, excluding Utilities'
demands and voided check nos. as listed above. Motion carried.
Warrant Register No. 1101 covering claims and demands
presented during the period of October 17 through October 30,
2002, drawn on Wells Fargo Bank totaling $5,231,271.45, which
includes Utilities' demands nos. as listed below: (Accounting
period November 2002).
207263
207267
207269
207274
207280
207282
207291
207299
207300
207328
207337
207352
207353
207360
207366
207369
207400
207405
207408
207418
207419
207422
207441
207453
207454
207455
207463
207466
207471
207472
207474
207477
207484
207495
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1101 be approved and payment authorized for
Utilities' claims and demands totaling $5,231,271.45. 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 6:03 p.m. The City
Council reconvened in regular session at 6:05 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 No. 1.
It was moved by Ybarra, seconded by Davis, that the
City Council go into closed session on Item No. 1, the time
being 6:05 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, Assistant to the
Chief Deputy City Clerk, City Attorney, Chief of Police, and
Director of Utilities.
Page 14 of 17
Regular City Council Meeting Minutes
November 6, 2002
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 Chief of Police was excused from closed session at
6:07 p.m.
It was moved by Gonzales, seconded by Davis, that the
City Council go out of closed session on Item No. 1 and resume
regular session, the time being 6:09 p.m. Motion carried.
The City Clerk advised that there was nothing to be
discussed in closed session on Item No. 2.
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54957.
a. Conference with Labor Negotiator
Agency negotiator: City Administrator
Unrepresented classification
The City Clerk advised that now was the time to go
into closed session on Item Nos. 3, 4, and 5.
It was moved by Ybarra, seconded by McCormick, that
the City Council go into closed session on Item Nos. 3, 4, and
5, the time being 6:09 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, Assistant to the
Chief Deputy City Clerk, City Attorney, and Director of
Utilities.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) The City of Vernon v. The Atchison, Topeka and Santa
Fe Railway, CPUC Case No. 96-01-019;
(b) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663
(Restructuring);
(c) David Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(d) Vernon v. All Persons; LASC No. BC 222145; CA B148676;
Page 15 of 17
Regular City Council Meeting Minutes
November 6, 2002
(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) 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;
(h) 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. ERO1-1579
(ISO); FERC Docket No. ELO1-57-000 (Reliant Energy,
etc. et al. v. ISO); ELO1-75 (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),
RTO1-85 (ISO) and RTO1-92 (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); FERC Docket No. ER02-1656 (ISO); EL02-103
(Vernon); FERC Docket No. ER02-2192 (ISO); FERC Docket
No. ER02-2321 (ISO);
(i) The Burlington Northern and Santa Fe Railway Company
v. City of Vernon; USDC No. CV-00-12891 NM (AJWx);
(j) Sterling Davis v. City of Vernon, et al., USDC No. CV-
01-01602 DDP (AJWx);
(k) Cities of Arcadia, et al. v. The California Regional
Water Quality Control Board, etc., et al., LASC No BC
245633;
(1) 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);
(m) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E);
(n) Central and West Basin Water Replenishment District,
etc., v. Charles E. Adams, et al, LASC No. C 786656;
(o) Department of Water Resources v. ACN Energy, Inc., et
al., Case No. O1ASO5497;
(p) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos.
ECO2-31, EL02-36 and CP02-38 (PG&E, et al.);
(q) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02-
01247 DT
(r) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East
District -Covina);
Page 16 of 17
Regular City Council Meeting Minutes
November 6, 2002
(s) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862
(H.P. District);
(t) Scarlett Alvarez v. Tutor -Saliba, etc., et al., LASC
No. BC275083;
(u) Pacific Bell Telephone Company v. Vernon; LASC No.
02C00927 (H.P. District);
4. With respect to every item of business to be discussed
in closed session pursuant to subdivision (c) of Government Code
Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Initiation of litigation: Two (2) potential cases.
5. With respect to every item of business to be discussed
in closed session pursuant to subdivision (b) of Government Code
Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) potential
case.
The Director of Utilities was excused from closed
session at 6:26 p.m.
It was moved by Ybarra, seconded by Gonzales, that the
City Council go out of closed session and resume regular
session, the time being 6:35 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
discipline recommended by the Director of Utilities for the
Substation Technician be approved. Motion carried.
It was moved by McCormick, seconded by Gonzales that
the discipline recommended by the Chief of Police for the Police
Officerbe approved. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that
pursuant to recommendation by staff, authorization be granted to
the City Administrator to terminate/rescind certain agreements,
including the agreement with Scott Company pertaining to the
Malburg Generating Station Project. 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 City Council Meeting adjourn, the time being
6:36 p.m. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
Leonis C. Malb g
ayor
Page 17 of 17