20021218 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD DECEMBER 18, 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, Gonzales, Ybarra, 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 November 20,
2002, be approved and adopted as submitted. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the Regular City Council Meeting held December 4,
2002, be approved and adopted as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 9, 2002, was presented,
advising that the below listed employees qualified in the month
of November 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
O1/10/91
Victor Vasquez
08/17/87
John Cusolito
07/01/85
Wenceslao Reynoso
O1/07/91
Jeff Smith
11/02/92
Andrew Kroner
11/04/91
Claudia Arellano
07/25/79
Martha Valenzuela
11/06/89
Elias Zepeda
Award
Meter Reader
4
Fire Captain
7
Plan Checker
7
Firefighter
8
Firefighter
10
Secretary to the
Director of Community
Services and Water
11
Office Manager
13
Utilityman II
13
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.
06/22/87
Luz Martinez
11/08/89
Francisco Saldana
11/09/98
Victor Ontiveros
11/09/98
Vipul Patel
11/24/97
Bruce Malkenhorst Jr
08/18/89
Daniel Kimes
08/17/87
William Niesley
11/02/92
Todd Painton
Secretary
2
Utilityman II
3
Police Officer
4
Information System
Analyst
4
Systems Coordinator I
5
Fire Captain
9
Fire Captain
9
Fire Engineer
10
Regular City Council Meeting Minutes
December 18, 2002
11/16/83
James Rodino
Lieutenant
12
08/01/83
Edward Rodriguez
Utilityman II
14
06/23/85
Martin Sanchez
System Coordinator II
15
The Mayor called a short recess at 5:10 p.m. The City
Council reconvened at 5:15 p.m., all members present before the
recess again being present.
Police Department Activity Log for the period
December 1 through 15, 2002, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period December 1 through
15, 2002 be received and filed. Motion carried.
Fire Department Activity Report for the period
December 1 through 15, 2002, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period December 1
through 15, 2002 be received and filed. Motion carried.
Risk Management Report for the month of November 2002,
was presented.
It was moved by McCormick, seconded by Ybarra, that
the Risk Management Report for the month of November 2002 be
received and filed. Motion carried.
Health Department Report for the month of November
2002, was presented.
It was moved by Gonzales, seconded by Davis, that the
Health Department Report for the month of November 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 Council at this time.
There was no one wishing to address the City Council
at this time.
The City Clerk announced that now was the time to open
the public hearing to consider a conditional use permit
application from Greenwich Village Cafe to operate a Commercial
Restaurant facility at 3809 Soto Street, Vernon, California.
It was moved by Davis, seconded by Ybarra, to open the
public hearing to consider a conditional use permit application
from Greenwich Village Cafe to operate a Commercial Restaurant
facility at 3809 Soto Street, Vernon, California, the time being
5:15 p.m. Motion carried.
Page 2 of 17
Regular City Council Meeting Minutes
December 18, 2002
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 December 11, 2002, was
presented, advising that Greenwich Village Cafe has submitted an
application for a conditional use permit. Greenwich Village Cafe
proposes to operate a restaurant establishment at 3809 Soto
Street, which was previously owned and operated by Greenwich
Village Pizzeria. The existing building will have two tenants
that share the 6,811 square foot building. Greenwich Village
Cafe will be one of the two tenants at the restaurant facility.
They will occupy the southerly 3,406 square feet of building.
The proposed use will consist of a sit-down and carryout
restaurant that will generate more than 20 vehicle trips, per
day, per 1,000 square feet of floor area in the City of Vernon.
After review of the application by the Community Services
Department, it is recommended that the conditional use permit be
granted.
Submitted herewith are the following supporting documents:
1. Staff Report dated December 12, 2002.
2. Request for 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.
The project is categorically exempt from California
Environmental Quality Act (CEQA) because it is an existing
facility as described in Section 15301. A Notice of Exemption
will be prepared. In my opinion the proposed operation will pose
no adverse effects to the City of Vernon and will have no
significant effects on the environment. The project is
consistent with the 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 and taxes
as adopted by the City of Vernon.
Page 3 of 17
Regular City Council Meeting Minutes
December 18, 2002
b. All parking and loading facilities shall be paved
with a hard durable surface material and shall be
adequately drained, and kept free of dust, mud,
trash, and weeds. Where parking or maneuvering areas
adjoin the public street, a barrier wall or
landscaping shall be installed and maintained to
meet City standards. Adequate on -site parking shall
be maintained so that off-street parking will not
occur.
C. Prior to occupancy, Greenwich Village Cafe shall
obtain a sales tax permit from the State Board of
Equalization bearing the City of Vernon Tax number,
and a City of Vernon business license.
d. All required federal, state, local and regulatory
agency permits shall be obtained prior to operation.
Prior to occupancy, a business license and occupancy
permit shall be obtained.
e. The facility shall be operated in a manner that will
not impede traffic on Soto Street or Bandini
Boulevard/37th Street.
f. All required frontage improvements shall be
constructed and all existing cracked sidewalk, curb
and gutter adjacent to the site on Soto Street shall
be repaired and maintained to meet City Standards.
g. The project site shall be constructed and maintained
substantially in compliance with the site plans
submitted as part of this conditional use permit
application.
h. Adequate trash receptacles shall be provided on site
to keep litter to a minimum. Trash area shall be
maintained in effort to divert rainfall around
enclosure. All litter blown or dropped on adjacent
properties shall be retrieved and disposed of on a
daily basis by Greenwich Village Cafe or an employee
of either building located at 3809 and 3805 Soto
Street.
i. Any expansion or change in use shall be approved by
the City Council.
j. The parking, driveway access and landscaping shall
be maintained in accordance with the site plan,
which was submitted with this application. No
changes shall be made in the site development except
with the prior approval of the Director of Community
Services & Water.
k. The building shall be maintained so as to prevent
the entrance of rodents.
Page 4 of 17
Regular City Council Meeting Minutes
December 18, 2002
1. All food preparation and storage, food service
equipment shall be within the restaurant and shall
be National Sanitation Foundation (NSF) approved or
its equivalent and approved by the City of Vernon
Health Department prior to installation and use.
M. Waste water generated by Greenwich Village Cafe
operations must be contained for proper disposal and
shall not be discharged onto the ground surface.
n. The restaurant shall comply with all requirements of
the California Uniform Retail Food Facilities Law
(CURFFL).
o. Greenwich Village Cafe shall apply for electrical
service with Customer Service and complete an Electric
Service Planning Information form to ensure that the
electrical load can be supplied by existing services.
The Director of Community Services and Water advised
that conditions "a, c, and i" should be changed to read as
listed below as stated on his communication dated December 16,
2002.
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 and taxes as
adopted by the City of Vernon not otherwise addressed
by this grant of a conditional use permit.
C. Prior to occupancy, the owner(s) of Greenwich Village
Cafe shall obtain a sales tax permit for Greenwich
Village Cafe from the State Board of Equalization
bearing the City of Vernon Tax number and a City of
Vernon business license.
i. Any extension, expansion or change in use or change in
ownership, interest or issuance of a new occupancy
permit shall require a new conditional use permit.
The Mayor asked if there were any questions.
There were no questions on this issue.
It was moved by Gonzales, seconded by McCormick, to
close the public hearing to consider a conditional use permit
application from Greenwich Village Cafe to operate a Commercial
Restaurant facility at 3809 Soto Street, Vernon, California, the
time being 5:20 p.m. Motion carried
It was moved by McCormick, seconded by Gonzales, that
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 Davis, seconded by Ybarra, that City
Council determine that the project will not have a significant
effect on the environment. Motion carried.
Page 5 of 17
Regular City Council Meeting Minutes
December 18, 2002
It was moved by Gonzales, seconded by Ybarra, that
City Council determine that the project will not individually or
cumulatively have an adverse effect on wildlife resources.
Motion carried.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communications from the Director of Community
Services and Water, dated December 11, 2002, and December 16,
2002, and any and all supporting documents submitted as evidence
during the public hearing be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8120 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit to
Greenwich Village Cafe for the Operation of a Commercial
Restaurant at 3809 Soto Street in the City of Vernon, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8120 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
Owens Brockway Glass Container, Inc., located at 2923 Fruitland
Avenue, to allow the applicant to utilize the parking and
loading requirement in compliance with Section 26.4.2-6 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
Owens Brockway Glass Container, Inc., located at 2923 Fruitland
Avenue, to allow the applicant to utilize the parking and
loading requirement in compliance with Section 26.4.2-6 of the
Comprehensive Zoning Ordinance, the time being 5:21 p.m. Motion
carried.
The Director of Community Services and Water addressed
the City Council and gave a brief summary on this matter and
advised that staff is still reviewing certain issues and asked
that the following matter be continued to the next meeting.
Communication from Kevin Wilson, Director of Community
Services and Water, dated December 11, 2002, was presented,
advising that Owens Brockway Glass Container, Inc. has submitted
a complete application for a variance from Section 26.4.2-6 of
the Comprehensive Zoning Ordinance. They are proposing to
exclude a designated area used exclusively for housing of
equipment from the required parking and loading requirements of
Section 26.4.2-6 at their existing facility located at 2923
Fruitland Avenue. This site is located in the M-Zone, General
Industrial.
Page 6 of 17
Regular City Council Meeting Minutes
December 18, 2002
Submitted herewith for your consideration are the following
supporting documents:
1. Staff Report dated December 12, 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.
It was moved by McCormick, seconded by Gonzales, to
continue to the next meeting the public hearing to consider a
request for a variance from Owens Brockway Glass Container,
Inc., located at 2923 Fruitland Avenue, to allow the applicant
to utilize the parking and loading requirement in compliance
with Section 26.4.2-6 of the Comprehensive Zoning Ordinance.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 9, 2002, was presented,
advising that on October 9, 2002, this legislative body approved
Resolution No. 8085, authorizing the issuance of Request for
Proposal for the purchase of a Backup Power Generation System at
Booster Plant 2. The Purchasing Section issued Bid #1418 and by
November 21, 2002, only one proposal was received from Duthie
Power Services at a cost of $97,474.00. At this time, the
Purchasing Section is requesting authorization to seek formal
bids to ensure that the City obtains the best competitive price
available.
It is hereby recommended that issuance of Bid #1418 be ratified,
the bid from Duthie Power Services be rejected, and that the
Purchasing Section be authorized to seek formal bids for the
purchase of a Backup Generation System at Booster Plant 2.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 9, 2002 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8124 - Resolution of the City Council
of the City of Vernon Ratifying the Issuance of Bid No. 1418,
Rejecting the Bid Received for Said Bid and Approving and
Authorizing Notice Inviting Sealed Proposals or Bids for the
Purchase of a Backup Generation System at Booster Plant 2 for
the Community Services & Water Department, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8124 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 9, 2002, was presented,
advising that on October 23, 2002, this legislative body
approved Resolution No. 8087, approving and authorizing notice
inviting sealed proposals or bids for the purchase of a new Ford
Ranger XL Super Cab Pickup Truck for the Community Services and
Water Department to which bids were not received.
Page 7 of 17
Regular City Council Meeting Minutes
December 18, 2002
The Purchasing Section has been informed that the XL Truck model
is no longer available that the only model available is the XLT.
At this time, the Purchasing Section is requesting authorization
to seek formal bids to ensure that the City obtains the best
competitive price available for this purchase.
This has been reviewed by the Director of Community Services and
Water and it is hereby recommended that the Purchasing Section
be authorized to seek formal bids for the purchase of a Ford
Ranger XLT Super Cab Pickup Truck.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City
Administrator/City Clerk, dated December 9, 2002, be received
and filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8123 - 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 Ranger
XLT Super Cab Pickup Truck For The Community Services & Water
Department, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8123 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 9, 2002, was presented,
advising that on October 9, 2002, this legislative body approved
Resolution No. 8086, authorizing the issuance of Request for
Proposal for the purchase of a Backup Generation System at
Booster Plant 3. The Purchasing Section issued Bid #1419 and by
November 21, 2002, only one proposal was received from Duthie
Power Services at a cost of $99,383.00. At this time, the
Purchasing Section is requesting authorization to seek formal
bids to ensure that the City obtains the best competitive price
available.
It is hereby recommended that issuance of Bid #1419 be ratified,
the bid from Duthie Power Services be rejected, and that the
Purchasing Section be authorized to seek formal bids for the
purchase of a Backup Generation System for Booster Plant 3.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City
Administrator/City Clerk, dated December 9, 2002, be received
and filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8125 - A Resolution of the City Council
of the City of Vernon Ratifying the Issuance of Bid No. 1419,
Rejecting the Bid Received for Said Bid and Approving and
Authorizing Notice Inviting Sealed Proposals or Bids for the
Purchase of a Backup Generation System at Booster Plant 3 for
the Community Services & Water Department, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8125 be approved and adopted. Motion carried.
Page 8 of 17
Regular City Council Meeting Minutes
December 18, 2002
The City Clerk advised that the following
communication and resolution should be deferred to the next
meeting.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 10, 2002, advising that
at this time it is necessary to enter into an Automatic
Aid/Initial Action Agreement with the City of Los Angeles to set
forth the terms and conditions for an exchange of fire and
rescue services for responses along or adjacent to the Alameda
Corridor.
This has been reviewed by the Fire Chief and the City Attorney
and it is hereby recommended that the Automatic Aid/Initial
Agreement for Exchange of Fire Protection and Rescue Services be
approved and executed.
RESOLUTION NO. 8115 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Automatic Aid/Initial Action Agreement for Exchange of Fire
Protection and Rescue Services By and Between the City of Vernon
and the City of Los Angeles.
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 10, 2002 and Resolution No. 8115 be
deferred to the next Council Meeting. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 11, 2002, was
presented, advising that on October 23, 2002, this legislative
body approved Resolution No. 8093, inviting sealed proposals or
bids for the purchase of a 2003 Chevrolet Blazer LS for the
Police Department. Bid #1422 was sent out inviting said bids
and on December 4, 2002, the Purchasing Section only received
one response.
• Sopp Chevrolet $20,100.00
• Wondries Chevrolet No Bid
• Harbor Chevrolet No Bid
This has been reviewed by the Police Department and the
Purchasing Section and it is hereby recommended that Bid No.
1422 be awarded to Sopp Chevrolet, a vehicle purchase contract
be prepared, and a purchase order be issued for the purchase of
a 2003 Chevrolet Blazer LS at an approximate cost of $20,100.00.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 11, 2002 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8119 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Sopp Chevrolet on Bid
No. 1422 for the Purchase of One 2003 Chevrolet Blazer LS
Vehicle for the Police Department and Approving and Authorizing
the Execution of a Vehicle Purchase Contract and the Issuance of
a Purchase Order Respecting Said Bid, was presented.
Page 9 of 17
Regular City Council Meeting Minutes
December 18, 2002
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8119 be approved and adopted. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated December 11, 2002, was
presented, transmitting a fully executed Grant Deed from Dynamic
Builders Inc., a California Corporation. The Grant Deed is for
a portion of property approximately 3045 square feet in size,
located on the north side of 26th Street 88 feet east of the
centerline of Minerva Street in the City of Vernon, assessor's
parcel number 5168-025-025. The property will be used for
street purposes.
It is recommended that the Grant Deed be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to sign.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 11, 2002 be received and filed and his
recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 12, 2002, was
presented, advising that the Property at 4510 S. Alameda is
owned by Shu Chin Kou and Shan Chan Kou (114510 Property") and
the property at 1912 E. Vernon is owned by R.C.C.I., a
California general partnership (111912 Property"), and consists
of the Kou family. Both property Owners are hereafter referred
to as "Owners".
On December 8, 1998, a Covenant and Agreement was recorded
providing that the aforementioned properties be held as one
parcel, no portion of which may be sold separately, so as to
provide adequate parking, exit access to a public way and
surface water drainage.
On January 3, 2001, the City adopted Resolution Nos. 7679 and
7686 approving a Subordination Agreement regarding the
refinancing of the 1912 Property and approving a Memorandum of
Understanding reaffirming the parking requirement obligations of
the Owners.
The 114510 Property" is being refinanced and they are requesting
that the City execute a Subordination Agreement approving a
Memorandum of Understanding reaffirming the parking requirement
obligation of the Zoning Ordinance. This will place the new
lender in the same position as the previous lender. The benefit
to executing a Subordination Agreement is that it would enable
the Owners to refinance their loan secured by a deed of trust
and alleviate any financial hardship on the Owners and protect
jobs in the City.
This has been reviewed by the City Attorney and the Director of
Community Services and Water and it is hereby recommended that
the Subordination Agreement and the Memorandum of Understanding
be approved and executed for the "4510 Property".
Page 10 of 17
Regular City Council Meeting Minutes
December 18, 2002
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 12, 2002 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8117 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Memorandum of Understanding By and Between the City of Vernon
and Shu Chin Kou and Shan Chun Kou Regarding the City of
Vernon's Parking Requirements (4510 South Alameda Street), was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8117 be approved and adopted. Motion carried.
RESOLUTION NO. 8118 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Subordination Agreement By and Among the City of Vernon, Shu
Chin Kou and Shan Chun Kou and Manufacturer's Bank Regarding the
Property Located at 4510 South Alameda Street, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8118 be approved and adopted. Motion carried.
The City Attorney advised that the following matter
and respective resolution should be deferred to the next
meeting.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 12, 2002, advising that
on September 4, 2002, this legislative body approved retaining
the construction services of Chalmers Corporation dba CEG
Construction for the proposed Business Technology Development
Center at an approximate cost of $2,900,000.00 including tax and
building permit fees. The City Attorney has completed the
agreement and it is hereby recommended that the agreement be
approved and executed for the construction of the Center.
RESOLUTION NO. 8122 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement By and Between the City of Vernon and Chalmers
Corporation, dba C.E.G. Construction and Repealing Resolution
No. 8055.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 12, 2002 and Resolution No. 8122 be
deferred to the next Council Meeting. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
December 4, 2002, was presented, requesting authority and funds
for Police Officer Nicholas Perez to attend the "Interview &
Interrogations Training" at San Pedro on January 6 through 10,
2003, with an expense allowance of $594.00, of which POST will
reimburse $574.40.
Page 11 of 17
Regular City Council Meeting Minutes
December 18, 2002
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for Police Officer Nicholas
Perez to attend the aforementioned training with an expense
allowance of $594.00. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated December 12, 2002, was presented, transmitting
the Minutes of the Adjourned Finance Committee Meeting held
December 4, 2002, for approval of the recommendations contained
therein.
It was moved by Davis, seconded by Ybarra, that the
recommendations on the Minutes of the Adjourned Finance
Committee Meeting held December 4, 2002 be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated December 12, 2002, was presented, transmitting
the Minutes of the Regular Finance Committee Meeting held
December 10, 2002, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by McCormick, that
the recommendations on the Minutes of the Regular Finance
Committee Meeting held December 10, 2002 be approved. Motion
carried.
RESOLUTION NO. 8116 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Sexual Harassment Seminars By and Between the
City of Vernon and Liebert Cassidy Whitmore, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8116 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated December 12, 2002, transmitting the Agenda for
the Adjourned Regular Personnel Committee Meeting to be held
December 17, 2002, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by McCormick, that
the recommendations on the Agenda for the Adjourned Regular
Personnel Committee Meeting held December 17, 2002 be approved.
Motion carried.
Warrant Register No. 1104 covering claims and demands
presented during the period of November 28 through December 11,
2002, drawn on Wells Fargo Bank totaling $959,797.31, which
includes demand nos. 207949 through 208194, (inclusive),
excluding Utilities' demands. (Accounting period December
2002).
It was moved by Ybarra, seconded by Davis, that
Warrant Register No. 1104 be approved and payment authorized for
claims and demands totaling $959,797.31, excluding Utilities'
demands. Motion carried.
Page 12 of 17
Regular City Council Meeting Minutes
December 18, 2002
Warrant Register No. 1104 covering claims and demands
presented during the period of November 28 through December 11,
2002, drawn on Wells Fargo Bank totaling $1,634,420.09, which
includes Utilities' demands nos. as listed below: (Accounting
period December 2002).
207952
207960
207964
207978
207979
207982
207983
207998
208009
208015
208017
208022
208028
208035
208036
208039
208047
208054
208057
208063
208068
208083
208087
208088
208093
208094
208095
208100
208104
208108
208118
208140
208141
208142
208150
208155
208156
208158
208164
208171
208176
208187
208193
208194
It was moved by Gonzales, seconded by McCormick, that
Warrant Register No. 1104 be approved and payment authorized for
Utilities' claims and demands totaling $1,634,420.09. 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.
Payroll Warrant Register No. 558 covering claims and
demands presented during the period of October 20 through
November 16, 2002. Drawn on Wells Fargo Bank totaling
$1,859,911.78, which includes demand nos. 7877 through 7911
inclusive). (Accounting Period: November 2002).
It was moved by Ybarra, seconded by Gonzales, that
Payroll Warrant Register No. 558 be approved and payment
authorized for claims and demands totaling $1,859,911.78.
Motion carried.
The City Attorney asked that the following
consideration be deferred to after closed session.
Consideration of agreement(s) for engineering,
procurement and contracting services regarding the construction
of the Malburg Generating Station Project.
It was moved by Gonzales, seconded by Davis, that the
aforementioned consideration be deferred to after closed session
during this meeting. Motion carried.
The Mayor called a short recess at 5:53 p.m. The City
Council reconvened in regular session at 6:00 p.m., all members
present before the recess again being present.
The City Clerk announced that there was nothing to be
discussed in Item Nos. 1 and 2.
Page 13 of 17
Regular City Council Meeting Minutes
December 18, 2002
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
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 announced that now was the time to go
into closed session on Item Nos. 3, 4, and 5.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session on Item Nos. 3, 4, and 5.
Motion carried.
All persons were excluded 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 Utilities, and City Attorney.
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 54956.9.
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663
(Restructuring);
(b) David Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(c) Vernon v. All Persons; LASC No. BC 222145; CA B148676;
(d) 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);
(e) Vernon v. Regional Water Quality Control Board; Nos.
A-1280, A1280(a) and A-1280(b);
(f) 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;
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Regular City Council Meeting Minutes
December 18, 2002
(g) 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. ERO1-1579
(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. RTO1-82 (SDG&E), RTO1-83 (PG&E),
RT01-85 (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);
(h) The Burlington Northern and Santa Fe Railway Company
v. City of Vernon; USDC No. CV-00-12891 NM (AJWx);
(i) Sterling Davis v. City of Vernon, et al., USDC No. CV-
01-01602 DDP (AJWx);
(j) Cities of Arcadia, et al. v. The California Regional
Water Quality Control Board, etc., et al., LASC No BC
245633;
(k) 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);
(1) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E);
(m) Central and West Basin Water Replenishment District,
etc., v. Charles E. Adams, et al, LASC No. C 786656;
(n) Department of Water Resources v. ACN Energy, Inc., et
al., Case No. O1ASO5497;
(o) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos.
ECO2-31, EL02-36 and CP02-38 (PG&E, et al.);
(p) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02-
01247 DT
(q) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East
District -Covina);
(r) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862
(H.P. District);
(s) Pacific Bell Telephone Company v. Vernon; LASC No.
02C00927 (H.P. District);
(t) Vernon v. SoCalGas; Case Number Unknown
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: Three (3) potential cases.
Page 15 of 17
Regular City Council Meeting Minutes
December 18, 2002
5. With respect to every item of business to be discussed
in closed session pursuant to Government Code Section 54956.95.
LIABILITY CLAIMS
Claimant: AROMA COSMETICS, INC.
Agency Claimed Against: CITY OF VERNON
It was moved by Ybarra, seconded by Davis, that the
City Council go out of closed session on Item Nos. 3, 4, and 5
and resume regular session, the time being 6:04 p.m. Motion
carried.
Consideration of agreement(s) for engineering,
procurement and contracting services regarding the construction
of the Malburg Generating Station Project, deferred from earlier
during this meeting, was presented.
The City Attorney addressed the City Council and gave
them a current status of the above referenced matter.
The Director of Utilities addressed the City Council
and provided them additional information.
The Director of Utilities left the meeting at 6:24
p.m.
It was moved by Gonzales, seconded by Ybarra, that
authorization be granted to staff and the City Attorney to
further negotiate contracts with regards to the Malburg
Generating Station Project. Motion carried.
It was moved by Ybarra, seconded by Gonzales, to
approve and execute the settlement agreement with Pacific Bell
Telephone Company. Motion carried.
It was moved by McCormick, seconded by Davis, that
authorization be granted to the City Attorney to execute the
Acknowledgement Letter regarding David Brearley's disclosure of
the fees regarding his association with the Law Firm of Blecher
and Collins in the connection with their representation in the
(Vernon v. SoCalGas), case number unknown. Motion carried.
It was moved by Ybarra seconded by Davis, that the
liability claim from Aroma Cosmetics, Inc., be denied. Motion
carried.
It was moved by Ybarra, seconded by Gonzales, that the
actions by Channing Strother of McCarthy, Sweeney & Harkaway in
intervening in FERC Docket No. ER03-142 (Southern California
Edison Company) are hereby ratified. Motion carried.
Councilman Davis abstains from voting on this matter.
Page 16 of 17
Regular City Council Meeting Minutes
December 18, 2002
There being no further business to come before the
Council, it was moved by McCormick, seconded by Gonzales, that
the Council Meeting adjourn, the time being 6:26 p.m. Motion
carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
.Leonis C. Mal rg
Mayor
Page 17 of 17