20030416 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD APRIL 16, 2003, AT 5:00 P.M. IN
THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the Regular City Council Meeting held April 2, 2003,
be approved and adopted as submitted. Motion carried.
The City Clerk advised that now was the time to
present the 2002 Officer of the Year Merit Bar and Traffic
Safety Merit Bar to Police Officer Nicholas Perez for his
outstanding performance.
Lt. Towles addressed the City Council and briefly
discussed the reasons for Officer Perez receiving these awards.
The Mayor presented the Bars to Officer Perez and
thanked him for doing such a great job and asked how long he had
been on the force.
Lt. Towles responded that Officer Perez has been with
the department for two years.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 10, 2003, was presented,
advising that the below listed employees qualified in the month
of March 2003 for a Perfect Attendance Award. This is awarded
to employees on the basis of a minimum of two (2) years of
perfect attendance:
Date of Hire Employee
Award
03/22/99 Derek Meyer Firefighter 4
03/22/99 Norman Sutherlin Firefighter 4
06/23/85 Jorge Somoano Deputy Director
of Utilities 8
03/01/87 Dan Downing Chief Deputy Director 16
The Mayor presented the 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.
Date of Hire Employee Award
12/14/98
Eugenio
Cerda
Police Officer 2
04/01/84
Lorenzo
Mendoza
Utilityman II 3
03/13/00
Allan Castro
Systems Coordinator I 3
03/13/00
Shahram
Sharifzadeh
Systems Coordinator I 3
03/22/99
Robert Farrell
Firefighter 4
03/22/99
Anthony
Fish
Firefighter 4
03/22/99
Matthew
Holtzendorff
Firefighter 4
Regular City Council Meeting Minutes
April 16, 2003
03/22/99
Chad McGovney
Firefighter
4
03/22/99
Michael Pinnere
Firefighter
4
03/22/99
Andrew Smith
Firefighter
4
03/22/99
James Venneau
Firefighter
4
03/29/98
Paul Cerda
Police Officer
5
10/24/88
Pete Torres
Fire Engineer
6
07/10/95
Brandon Gray
Police Officer
7
07/16/90
Jose Pereyra
Systems Coordinator II
10
08/05/84
Patrick Keye
Systems Coordinator II
12
04/28/86
Eliseo Genera
Civilian Court Officer
13
The Mayor called a short recess at 5:13 p.m. The
City
Council
reconvened in regular session at 5:15 p.m., all members
present
before the recess again
being present.
Police Department Activity Log for the period
April 1 through 15, 2003, was presented.
It was moved by Davis, seconded by Ybarra, that the
Police Department Activity Log for the period April 1 through
15, 2003, be received and filed. Motion carried.
Fire Department Activity Report for the period
April 1 through 15, 2003, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period April 1 through
15, 2003, be received and filed. Motion carried.
Risk Management Report for the month of March 2003,
was presented.
It was moved by McCormick, seconded by Gonzales, that
the Risk Management Report for the month of March 2003, be
received and filed. Motion carried.
Health Department Report for the month of March 2003.
It was moved by Ybarra, seconded by McCormick, that
the Health Department Report for the month of March 2003, 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 on.
There was no one wishing to address the City Council
at this time.
The City Clerk announced that it was time to open the
public hearing to consider a conditional use permit application
from PPP, LLC to operate a recycled materials processing
facility at 5991 Alcoa Avenue, Vernon, California.
Page 2 of 18
Regular City Council Meeting Minutes
April 16, 2003
It was moved by Ybarra, seconded by Davis, to open the
public hearing to consider a conditional use permit application
from PPI, LLC to operate a recycled materials processing
facility at 5991 Alcoa Avenue, Vernon, California, the time
being 5:17 p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter and his
Staff Report. The Director advised that the agenda indicates
that a "Notice of Exemption" is being recommended; however, that
is incorrect and that a memo was submitted this date directed to
the City Administrator advising that a "Negative Declaration"
should be adopted and a "Notice of Determination" be filed with
the County Clerk and recommended same.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 9, 2003, was
presented, advising that PPP, LLC has applied for a conditional
use permit to operate a recycled materials processing facility
located at 5991 Alcoa Avenue in the City of Vernon.
Submitted herewith are the following supporting documents:
1. Staff Report dated April 9, 2003.
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, Notice of Intent.
4. Environmental Checklist Form and Initial Study.
5. Proposed Negative Declaration.
The project is consistent with the City of Vernon Comprehensive
Zoning Ordinance and the City of Vernon General Plan as adopted
by the City of Vernon.
It is hereby recommended that the City Council determine:
1. That the project is consistent with the General Plan
as adopted by the City of Vernon.
2. That the project will not have a significant effect on
the environment.
3. That the project will not individually or cumulatively
have an adverse effect on wildlife resources.
It is further recommended that a Notice of Exemption be filed
with the County Clerk and 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 18
Regular City Council Meeting Minutes
April 16, 2003
b. Any hazardous substances used, handled and/or stored
shall have prior approval from the Vernon Fire and
Health Departments. A Health Permit shall be obtained
if there are reportable quantities of hazardous
materials on the site.
C. Servicing of vehicles including washing, steam
cleaning and repairing shall not be performed on site.
d. In accordance with National Pollutant Discharge
Elimination System permit regulations, PPP, LLC shall
submit a Notice of Intent to the State Water Resources
Control Board and shall prepare a prevention plan and
monitoring program within the Board's time
limitations.
e. All processing and storage operations shall take place
within the existing building. No equipment or
materials shall be placed or stored outside. Adequate
written plans and materials must be available for
cleaning up of leaks or spills of plastic materials or
other substances associated with PPP, LLC operation.
f. The storage, staging and processing of materials
inside the facility shall comply with the Uniform Fire
Code at all times. All materials stored inside shall
be stored in such a way as to facilitate inspections
by the Vernon Fire and Health Departments at all
times.
g. Broken or cracked sidewalk, curb, gutter or driveway
in Alcoa Avenue adjacent to the site shall be repaired
as directed by the Director of Community Services and
Water.
h. The entire site shall have a neat and clean appearance
and shall be kept free of dust, mud, weeds and trash.
The site and surrounding area shall be kept free of
all plastic materials associated with PPP, LLC
operations; including, but not limited to, raw
materials, recycled materials, finished product and
waste material.
i. Wastewater generated by the plant operations must be
contained for proper disposal and shall not be
discharged onto the ground surface. The facility shall
document how all wastewater generated will be properly
discharged or disposed.
j. The facility shall meet the requirements of any
regulations adopted pursuant to Public Resources Code,
Section 43209 and the requirements of any other
applicable sections of the California Integrated Waste
Management Act of 1989 (Public Resources Code, Section
40000, et seq.).
k. PPP, LLC shall obtain all required federal, state,
local and regulatory agency permits prior to
operation. Prior to occupancy a business license and
occupancy permit shall be obtained.
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Regular City Council Meeting Minutes
April 16, 2003
1. The facility shall maintain a valid City of Vernon
Health Permit for a Waste Processing Facility.
M. The facility shall provide the City of Vernon Health
Department with an annual report on the quantity of
plastic materials from other jurisdictions, and the
volume of residual materials taken to solid waste
disposal facilities. The report shall be submitted by
June 1st of each year.
n. All parking and loading facilities shall remain paved
with a hard durable surface material in good repair
and shall remain 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.
o. The building shall be repaired so as to prevent the
entrance of rodents.
P. The facility shall conduct a noise study within the
first two months of operation to assure compliance
with City of Vernon and CalOSHA requirements. The
facility shall comply with all City of Vernon and
Cal/OSHA noise requirements at all times.
q. The facility shall be operated in such a manner that
noise and vibration shall not be a nuisance to
neighborhood properties. Noise shall not, at any
time, exceed 65db or vibration exceeds four hundredths
of an inch per second particle velocity when measured
at the property line.
r. PPP, LLC shall hire a license C-16 Fire Sprinkler
Contractor to provide the City of Vernon with a letter
with the following information; kind of commodity
being stored (raw materials and finished materials),
method of storage (such as rack, floor stack, solid
pile), maximum storage height (based on sprinkler
system), dimensions of storage arrangement, flue
spaces, aisles, draft curtains, smoke vents, hose
stations, calculation of sprinkler system.
S. Any extension, expansion, change in use, change in
ownership interest, and/or the issuance of a new
occupancy permit shall require a new conditional use
permit.
The Mayor asked if there were any questions and no one
in the audience wished to address this issue.
It was moved by Gonzales, seconded by Davis, to close
the public hearing to consider a conditional use permit
application from PPI, LLC to operate a recycled materials
processing facility at 5991 Alcoa Avenue, Vernon, California,
the time being 5:23 p.m. Motion carried.
Page 5 of 18
Regular City Council Meeting Minutes
April 16, 2003
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the Director of Community
Services and Water, dated April 9, 2003, his memorandum dated
April 16, 2003 to the City Administrator pertaining to the
correction, and any and all supporting documents submitted as
evidence during the public hearing be received and filed and his
recommendations approved. Motion carried.
It was moved by Davis, seconded by Ybarra, 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 McCormick, seconded by Gonzales, that
the City Council determine that the project will not have a
significant effect on the environment. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
City Council determine that the project will not individually or
cumulatively have an adverse effect on wildlife resources.
Motion carried.
It was moved by McCormick, seconded by Gonzales, that
a Negative Declaration be adopted and a Notice of Determination
be filed with the County Clerk. Motion carried.
RESOLUTION NO. 8179 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit to PPP,
LLC. for the Operation of a Recycled Materials Processing
Facility at 5991 Alcoa Avenue in the City of Vernon, was
presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8179 be approved and adopted. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 7, 2003, was
presented, transmitting a fully executed Grant Deed from
Chalmers -Vernon, LLC. The Grant Deed is for a portion of
property adjoining 3569 Vernon Avenue, approximately 1,287
square feet in size (assessor's parcel numbers 6303-009-008 and
6303-009-009). 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 Gonzales, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water Department, dated April 7, 2003, be received
and filed and his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 8, 2003, was presented,
advising that on March 5, 2003, this legislative body approved
Resolution No. 8163, inviting sealed proposals or bids for the
purchase of a 2003 Chevrolet Tahoe for the Fire Department. On
March 31, 2003, the Purchasing Section received and opened the
following bids:
Page 6 of 18
Regular City Council Meeting Minutes
April 16, 2003
• Sopp Chevrolet $30,066.44
• Camino Real Chevrolet $30,723.50
• Community Chevrolet $32,169.87
• Allen Gwynn Chevrolet No Bid
This has been reviewed by the Fire Department and the Purchasing
Section and it is hereby recommended that Bid No. 1428 be
awarded to Sopp Chevrolet, a vehicle purchase agreement be
prepared, and a purchase order be issued for the purchase a 2003
Chevrolet Tahoe at an approximate total cost of $30,066.44.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated April 8, 2003, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8182 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Sopp Chevrolet on Bid
No. 1428 for the Purchase of One 2003 Chevrolet Tahoe Vehicle
for the Fire Department and Approving and Authorizing the
Execution of a Vehicle Purchase Contract and the Issuance of a
Purchase Order Respecting Said Bid, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8182 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 8, 2003, was presented,
advising that on February 19, 2003, this legislative body
approved Resolution No. 8158, inviting sealed proposals or bids
for the purchase of a 2003 Ford Explorer XLT for the Health
Department. On March 27, 2003, the Purchasing Section received
and opened the following bids:
• Midway Ford $27,294.16
• Don Kott Ford $27,458.23
• Peck Road Truck Ctr. $28,955.79
• Buerge Motor Car Co. No Bid
This has been reviewed by the Health Department and the
Purchasing Section and it is hereby recommended that Bid No.
1427 be awarded to Midway Ford, a vehicle purchase agreement be
execute, and a purchase order be issued for the purchase a 2003
Ford Explorer XLT at an approximate total cost of $27,294.16.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 8, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8181 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Midway Ford on Bid
No. 1427 for the Purchase of One 2003 Ford Explorer XLT Vehicle
for the Health Department and Approving and Authorizing the
Execution of a Vehicle Purchase Contract and the Issuance of a
Purchase Order Respecting Said Bid, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8181 be approved and adopted. Motion carried.
Page 7 of 18
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April 16, 2003
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 9, 2003, was presented,
advising that on March 5, 2003, this legislative body approved a
variance application from David Seewack & Scott Spiwak on behalf
of Julius & Anita Zelman regarding the construction of one
standard loading door measuring 121x 14' in size on the west
wall of the building located 3366 Fruitland Avenue. In the
design process of this loading door it was determine that an
additional exit door (three-hour fire rated door) was required
to provide an emergency exit for the rear portion of the
building.
This has been reviewed by the Fire Chief and the Director of
Community Services and Water and it is hereby recommended that
an amendment to the existing variance and Staff Report be
approved with the following conditions:
1. The two openings in the property line wall shall be
protected with three-hour fire rated door assemblies.
The doors shall be provided with fusible links.
2. Upon any change in occupancy, ownership or use, the doors
shall be removed and the wall shall be reconstructed
under a building permit.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City
Administrator/City Clerk, dated April 9, 2003, be received and
filed and his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 9, 2003, was presented,
advising that pursuant to the City's Record Retention Schedule,
a review for the destruction of stored documents for the Risk
Management/Personnel and Customer Service Departments has been
completed. This has been reviewed by the City Attorney and it
is hereby recommended that authorization be granted for the
destruction of said records.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 9, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8183 - A Resolution of the City Council
of the City of Vernon Authorizing the Destruction of Certain
City Records, Documents, Instructions, Books and Papers,
Pursuant to Government Code Section 34090, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8183 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 9, 2003, was presented,
advising that DDI Properties, Inc., has requested permission to
install, use, and maintain a monitoring well located at 52na
Street approximately one thousand one hundred sixty five feet
(1,1651) east of the centerline of Alameda Street and
approximately forty-three feet (431) south of the centerline of
52na Street in the City of Vernon.
Page 8 of 18
Regular City Council Meeting Minutes
April 16, 2003
They have executed Encroachment License Agreement No. 399,
provided the required insurance, and submitted a check in the
amount of $2,897.50 which includes the issuance fee of $2,500.00
and the first annual renewal fee of $397.50.
This has been reviewed by the Director of Community Services and
Water, and it is hereby recommended that Encroachment License
Agreement No. 399 be approved, and the Mayor and City Clerk be
authorized to execute.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 9, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8185 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Encroachment License Agreement No. 399 By and Between the City
of Vernon and DDI Properties, Inc, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8185 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 9, 2003, was presented,
advising that the Director of Environmental Health is requesting
authorization to apply for a $15,000.00 Enforcement Agency Grant
from the California Integrated Waste Management Board (CIWMB) to
assist the department to meet State mandated responsibilities.
The department has received CIWMB grants for the last several
years and it is hereby recommended that the Environmental Health
Department be authorized to submit the required documentation to
the CIWMB to be eligible to receive the requested grant for
fiscal year 2003-2004.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 9, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8184 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Application for an Enforcement Assistance Grant from the
California Integrated Waste Management Board, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8184 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 9, 2003, was presented,
advising that at this time the Redevelopment Agency is
considering the Sale and Purchase of certain property in the
Agency's Project Area. This has been reviewed by the City
Attorney and in order for the Agency to proceed it is hereby
recommended that the following actions be approved:
Page 9 of 18
Regular City Council Meeting Minutes
April 16, 2003
• Transfer of Funds to the Redevelopment Revolving Fund;
• Payment of Monies in the Redevelopment Revolving Fund
to the Redevelopment Agency of the City of Vernon; and
• Execution of Redevelopment Revolving Fund Loan No. 8
between the City of Vernon and the Redevelopment
Agency of the City of Vernon
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 9, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8186 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing (1) the Transfer
of Funds to the Redevelopment Revolving Fund; (2) the Payment of
Monies in the Redevelopment Revolving Fund to the Redevelopment
Agency of the City Of Vernon; and (3) the Execution of
Redevelopment Revolving Fund Loan No. 8 Between the City of
Vernon and the Redevelopment Agency of the City of Vernon, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8186 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 27, 2003, was presented,
requesting authority and funds for Finance Office Manager Martha
Valenzuela to attend the "Cash Handling Training Seminar" at
Indian Wells on April 29, 2003, with an expense allowance of
$253.20.
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for Finance Office Manager
Martha Valenzuela to attend the aforementioned seminar with an
expense allowance of $253.20. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 27, 2003, was presented,
requesting authority and funds for Deputy City Treasurer Sharon
Johnson to attend the "CMTA 2003 Annual Conference" at Indian
Wells on April 28 through May 2, 2003, with an expense allowance
of $1,162.70.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Deputy City Treasurer Sharon
Johnson to attend the aforementioned conference with an expense
allowance of $1,162.70. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 1, 2003, was presented, requesting authority and funds for
Court Officer Eliseo Genera to attend the "Annual Jail Training
for Supervisors" at Riverside on May 28 through 30, 2003, with
an expense allowance of $311.98.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Court Officer Eliseo Genera
to attend the aforementioned training with an expense allowance
of $311.98. Motion carried.
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April 16, 2003
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 2, 2003, was presented,
requesting authority and funds for Account Clerk Elizabeth
Negrete to attend the "Sales and Use Tax Seminar" at Pasadena on
May 20, 2003, with an expense allowance of $212.80.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be approved for Account Clerk Elizabeth
Negrete to attend the aforementioned seminar with an expense
allowance of $212.80. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 3, 2003, requesting authority and funds for Police Officer
Kent Stevenson to attend the "Bicycle Patrol Tactics Training"
at Whittier on May 27 through 31, 2003, with an expense
allowance of $95.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Police Officer Kent
Stevenson to attend the aforementioned training with an expense
allowance of $95.00. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 3, 2003, was presented, requesting authority and funds for
Vernon Service Officer Raul Molleda to attend the "Corrections
Officer Core Course" at Orange on May 19, 2003 through June 23,
2003, with an expense allowance of $1,404.79, of which STC will
reimburse $1,404.79.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Vernon Service Officer Raul
Molleda to attend the aforementioned course with an expense
allowance of $1,404.79. Motion carried.
Communication from Steven E. Parker, Fire Chief, dated
April 8, 2003, was presented, requesting authority and funds for
Firefighter Craig Peltier to attend the "2003 Wildland Fire
School" at Monterey, CA on June 5 through 8, 2003, with an
expense allowance of $250.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Firefighter Craig Peltier to
attend the aforementioned school with an expense allowance of
$250.00. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 3, 2003, was presented, requesting authority and funds for
below listed Detectives to attend the "Basic Homicide
Investigation Training" at Garden Grove on May 19 through 23,
2003, with an expense allowance of $160.00 each.
• Jerry Chavez
• Francesco Pirello
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for the above listed personnel
to attend the aforementioned training with an expense allowance
of $160.00 each. Motion carried.
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April 16, 2003
Communication from Steven E. Parker, Fire Chief, dated
April 8, 2003, was presented, requesting authority and funds for
below listed personnel to attend the "Confined Space Rescue
Operational Class" at Anaheim on May 5 through 9, 2003, with an
expense allowance of $325.00 each.
• Dean Richens, Fire Captain
• Kurt Smith, Fire Engineer
• Troy Durbin, Firefighter
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for the above mentioned fire
personnel to attend the aforementioned class with an expense
allowance of $325.00 each. Motion carried.
Communication from Steven E. Parker, Fire Chief, dated
April 8, 2003, was presented, requesting authority and funds for
below listed personnel to attend the "East meets West 2003
Seminar" at City of Commerce on May 15 and 16, 2003, with an
expense allowance of $175.00 each.
• David Kimes, Battalion Chief
• Michael Wilson, Battalion Chief
• Jeff Graves, Captain
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the above mentioned fire
personnel to attend the aforementioned seminar with an expense
allowance of $175.00 each. Motion carried.
Communication from Steven E. Parker, Fire Chief, dated
April 8, 2003, was presented, requesting authority and funds for
below listed personnel to attend the "2003 Wildland Fire School"
at Monterey, CA on June 5 through 8, 2003, with an expense
allowance of $210.00 each.
• Michael Langer, Fire Captain
• Paul Johnson, Fire Engineer
• Anthony Fish, Firefighter
• Fabian Reyes, Firefighter
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for the above mentioned fire
personnel to attend the aforementioned seminar with an expense
allowance of $210.00 each. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 9, 2003, was
presented, requesting authority and funds for Water Operations
Supervisor Scott Rigg to attend the "California Stormwater
Quality Association Best Management Practices Handbook Training"
at Downey on April 22, 2003, with an expense allowance of
$120.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Water Operations Supervisor
Scott Rigg to attend the aforementioned training with an expense
allowance of $120.00. Motion carried.
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April 16, 2003
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 9, 2003, was
presented, requesting authority and funds for Plan Checker
Wenceslao "Pepe" Reynoso to attend the "California Stormwater
Quality Association Best Management Practices Handbook Training"
at Downey on April 21, 2003, with an expense allowance of
$250.00.
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for Plan Checker Wenceslao
"Pepe" Reynoso to attend the aforementioned training with an
expense allowance of $250.00. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 9, 2003, was
presented, requesting authority and funds for the below listed
personnel to attend the "Basic Air Conditioning & Refrigeration
I & II Training" at Anaheim on May 15, 2003, with an expense
allowance of $405.00 each.
• Steven Hartsfield, Utilityman II
• Kenneth Jackson, Utilityman IV
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for the above -mentioned
personnel to attend the aforementioned training with an expense
allowance of $405.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated April 10, 2003, was presented, transmitting the
Minutes for the Regular Finance Committee Meeting held April 8,
2003, for approval of the recommendations contained therein.
It was moved by Davis, seconded by McCormick, that the
recommendations on the Minutes of the Regular Finance Committee
Meeting held April 8, 2003, be approved. Motion carried.
RESOLUTION NO. 8166 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Professional Consulting Services By and Between
the City of Vernon and Paleo Environmental Associates,
Incorporated for the Malburg Generating Station Project, was
presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8166 be approved and adopted. Motion carried.
RESOLUTION NO. 8180 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Consulting Services Regarding Cultural
Resources Studies By and Between the City of Vernon and Parsons
Infrastructure & Technology, Inc. for the Malburg Generating
Station Project, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8180 be approved and adopted. Motion carried.
Page 13 of 18
Regular City Council Meeting Minutes
April 16, 2003
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 27, 2003, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting
held April 16, 2003, for approval of the recommendations
contained therein.
It was moved by Gonzales, seconded by Ybarra, that the
recommendations on the Agenda for the Adjourned Regular
Personnel Committee Meeting held April 16, 2003, be approved.
Motion carried.
Warrant Register No. 1112 covering claims and demands
presented during the period of March 28, 2003 through April 9,
2003, drawn on Wells Fargo Bank totaling $416,854.48, which
includes demand nos. 209923 through 210158, (inclusive),
excluding Utilities' demands and voided check no. 209931
(Accounting period April 2003).
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 1112 be approved and payment authorized for
claims and demands totaling $416,854.48, excluding Utilities'
demands and voided check as listed above. Motion carried.
Warrant Register No. 1112 covering claims and demands
presented during the period of March 28, 2003 through April 9,
2003, drawn on Wells Fargo Bank totaling $940,604.94, which
includes Utilities' demands nos. as listed below: (Accounting
period April 2003).
209929 209936
209941 209943 209944 209945
209946 209951
209953 209954 209957 209979
209980 209983
209986 209988 209991 209992
209995 210001
210008 210021 210026 210035
210038 210041
210050 210051 210063 210067
210068 210071
210072 210073 210076 210087
210109 210110
210111 210112 210120 210125
210131 210143
210153 210157 210158
It was moved
by Ybarra, seconded by Gonzales, that
Warrant Register No.
1112 be approved and payment authorized for
Utilities' claims and
demands totaling $940,604.94. Motion
carried. Councilman
Davis abstained from voting and
disqualified himself
because it is reasonably foreseeable that
the decision may have
a material financial effect on his source
of income.
Payroll Warrant
Register No. 562 covering claims and
demands presented during
the period of February 9 through March
8, 2003, drawn on Wells
Fargo Bank totaling $1,896,143.02, which
includes demand nos.
8026 through 8066 inclusive). (Accounting
Period: March 2003).
It was moved by McCormick, seconded by Gonzales, that
Payroll Warrant Register No. 562 be approved and payment
authorized for claims and demands totaling $1,896,143.02.
Motion carried.
Page 14 of 18
Regular City Council Meeting Minutes
April 16, 2003
The City Attorney asked that the following
communication dated March 13, 2003 be removed from the agenda.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 13, 2003, advising that
staff of the Utilities Department and the City Attorney have
been negotiating changes to the Transmission Service Agreement
with Sunlaw Cogeneration Partners I. It is hereby recommended
that if the proposed amendment, as prepared by the City
Attorney's office, meets with SunLaw's approval that it be
approved & executed. (Deferred from City Council Meeting held
April 2, 2003.)
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 13, 2003, be removed from the agenda and no
further action taken at this time. Motion carried.
The Mayor called a short recess at 5:50 p.m. The City
Council reconvened in regular session at 6:02 p.m., all members
present before the recess again being present.
The City Clerk announced that there was nothing to be
discussed in closed session on Item Nos. 1 and 2.
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 advised that now was the time to go
into closed session on Item Nos. 3, 4, 5, and 6.
It was moved by Gonzales, seconded by McCormick, that
the City Council go into closed session on Item Nos. 3, 4, 5,
and 6, the time being 6:02 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
and Chief Deputy City Clerk.
The Mayor ordered all communications to and from closed
session deemed privileged and confidential.
Page 15 of 18
Regular City Council Meeting Minutes
April 16, 2003
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 13148676;
(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;
(g) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98-
3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC
Docket No. ER00-105 (Vernon); FERC Docket No. ER01-313
(ISO); FERC Docket Nos. EL00-95-022/EL00-98-021
(SDG&E); FERC Docket Nos. EL00-95-023/EL00-98-022
(ISO); FERC Docket Nos. EL00-95-024/EL00-98-023
(PG&E); FERC Docket Nos. EL00-95-025/EL00-98-024
(SCE); FERC Docket No. ER01-1579 (ISO); FERC Docket
No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO);
FERC Docket No. EL01-75 (Vernon v. ISO); USCA No. 01-
1187 (consolidated with 01-1190) (PG&E v. FERC); FERC
Docket No. EL00-95 (SDG&E v. Sellers of Energy, et
al.) consolidated with FERC Docket No. EL00-98; FERC
Docket Nos. RT01-82 (SDG&E), RT01-83 (PG&E), RT01-85
(ISO) and RT01-92 (SCE); FERC Docket No. EL01-84 (SRP
v. ISO); City of Anaheim, et al. v.
ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ-
R; FERC Docket No. ER02-599 ((ISO); FERC Docket No.
ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC
Docket No. ER02-1656 (ISO); FERC Docket No. EL02-103
(Vernon); FERC Docket No. ER02-2321 (ISO); FERC Docket
No. EL03-14 (Azusa); FERC Docket No. EL03-15
(Anaheim); FERC Docket No. EL03-20 (Riverside); FERC
Docket No. EL03-21 (Banning); FERC Docket No. ER03-142
(SCE); FERC Docket No. EL03-31 (Vernon TRBA); FERC
Docket No. ER03-219 (ISO); FERC Docket No. ER03-338
(SCE); FERC Docket No. PA02-2-001; FERC Docket
No.ER03-310 (ISO); FERC Docket No. ER03-407 (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;
Page 16 of 18
Regular City Council Meeting Minutes
April 16, 2003
(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. EL01-34 (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) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case
No. BC 265905;
(t) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW
(MCx) ;
4. With respect to every item of business to be
discussed in closed session pursuant to subdivision (b) of
Government Code 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) potential case.
5. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code 54956.9.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case.
6. With respect to every item of business to be
discussed in closed session pursuant to Government Code
54956.95.
LIABILITY CLAIMS
Claimant: CHARLIE'S PRIDE MEATS
Agency Claimed Against: CITY OF VERNON
Claimant: ELEAZAR SEASTRONG
Agency Claimed Against: CITY OF VERNON
Claimant: ORVAL KENT FOOD CO.
Agency Claimed Against: CITY OF VERNON
Claimant: J. RODRIGUEZ
Agency Claimed Against: CITY OF VERNON
It was moved by McCormick, seconded by Gonzales, that
the City Council go out of closed session and resume regular
session, the time being 6:19 p.m. Motion carried.
Page 17 of 18
Regular City Council Meeting Minutes
April 16, 2003
It was moved by Ybarra, seconded by Davis, that the of
Charlie's Pride Meats be accepted and the Release of All Claims be
approved and accepted in the amount of $191.93. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the Liability Claim of Eleazar Seastrong be denied. 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 6:20 p.m. Motion
carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
`Leonis C. M lbur
Mayor
Page 18 of 18