20030507 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD MAY 7, 2003, AT 5:00 P.M. IN
THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: Malburg
The meeting was called to order by Mayor Pro-Tem
Ybarra.
It was moved by Davis, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held April 16, 2003,
be approved and adopted as submitted. Motion carried.
The City Clerk advised that now was the time to
present the Police Department's Merit Award Bar to Police
Officer Ben Potter for his outstanding performance in his
investigative efforts and technical skills.
Chief of Police Bruce Olson addressed the City Council
and provided information to them regarding the criteria leading
to this award.
Mayor Pro-Tem Ybarra presented to Police Officer Ben
Potter the Merit Award Bar.
The City Clerk announced that now was the time to
present Service Pins.
The Mayor Pro-Tem presented Police Captain Sol Benudiz
with his 15-year Service Pin and extended congratulations on
behalf of the entire City Council.
The following employees were unable to attend the
meeting and their Service Pins were accepted by their respective
department head.
Daniel Calleros Sergeant 15 years
Matthew Daniels Senior Substation
Technician 5 years
Police Department Activity Log for the period
April 15 through 30, 2003, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period April 15 through
30, 2003, be received and filed. Motion carried.
Fire Department Activity Report for the period
April 15 through 30, 2003, was presented.
It was moved by Gonzales, seconded by McCormick, that
the Fire Department Activity Report for the period April 15
through 30, 2003, be received and filed. Motion carried.
Regular City Council Meeting Minutes
May 7, 2003
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 Pro-Tem asked if there was anyone in the
audience who wished to address the City Council at this time.
There was no one wishing to address the City Council
at this time.
The City Clerk announced that it was time to open the
public hearing to consider the expenditure of Citizens Options
for the Public Safety (COPS) funds provided by Senate Bill 832.
It was moved by Gonzales, seconded by Davis, to open
the public hearing to consider the expenditure of Citizens
Options for the Public Safety (COPS) funds provided by Senate
Bill 832, the time being 5:08 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 28, 2003, was presented,
advising that in October 2002, the City received $100,000.00 of
State Citizen's Options for Public Safety (COPS) Funds provided
by Assembly Bill 823 to be allocated to provide frontline law
enforcement services and the implementation of a comprehensive
multi -agency juvenile justice plan that must be spent before
June 30, 2004. The Police Department is requesting
authorization to utilize approximately $45,822.52 of the
remaining COPS funds received in 2001 and the $100,000.00
received in 2002 to purchase the following:
• Seventeen (17) mobile data terminals at approximately
$94,860.00 from Insight Video.
• First year's hardware support from Insight Video at
approximately $9,486.00; subsequent years will be
appropriated on the City's budget.
• Brackets and installation of the units at an
approximately $6,596.00 from Southbay Regional
Communications.
• Six (6) cameras and installation for patrol units at
approximately $5,250.00 each from Mobile Vision.
This has been reviewed by the City Attorney and it is hereby
recommended that the Police Department be authorized to proceed
with the acquisition of the requested equipment at the stated
amounts from the requested vendors utilizing COPS Grant Funds.
The Chief of Police addressed the City Council and briefly
summarized this matter.
The Mayor Pro-Tem asked if there were any questions
and no one in the audience wished to address this issue.
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May 7, 2003
It was moved by McCormick, seconded by Davis, to close
the public hearing to consider the expenditure of Citizens
Options for the Public Safety (COPS) funds provided by Senate
Bill 832, the time being 5:10 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 28, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8193 - A Resolution of the City Council
of the City of Vernon Providing for the Implementation of the
Citizens Option for Public Safety (COPS) Program, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8193 be approved and adopted. Motion carried.
The City Clerk announced that it was time to open the
public hearing to consider the adoption of an ordinance amending
the Comprehensive Zoning Ordinance establishing regulations for
adult or sexually oriented businesses or similar businesses with
the City of Vernon and Notice of Intent to adopt the Negative
Declaration.
It was moved by Davis, seconded by McCormick, to open
the public hearing to consider the adoption of an ordinance
amending the Comprehensive Zoning Ordinance establishing
regulations for adult or sexually oriented businesses or similar
businesses with the City of Vernon and Notice of Intent to adopt
the Negative Declaration, the time being 5:10 p.m. Motion
carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 30, 2003, was presented,
advising that the City of Vernon is proposing to adopt an
ordinance amending the City Code of the City of Vernon to
establish zoning regulations for adult or sexually oriented
businesses or similar businesses within the City.
Submitted herewith are the following supporting documents:
1. Staff Report.
2. Notice of Public Hearing; copies of notification letters
to owners and tenants in the area; affidavits of posting
and mailing; Declaration of Publication; and Notice of
Intent.
3. Environmental Checklist Form and Initial Study.
4. 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.
Page 3 of 18
Regular City Council Meeting Minutes
May 7, 2003
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 Negative Declaration be
adopted, a Notice of Determination and a DeMinimus be filed with
the County Clerk and Ordinance No. 1094 be approved.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter and the
Staff Report dated May 7, 2003. He advised that the City
Council had previously adopted Ordinance No. 1091, which had
imposed a moratorium on adult business uses so that the City
could have an opportunity to review and study potential
regulations that could be applied to such businesses. He
advised that City staff had reviewed a number of different
studies that had been prepared by other cities, as well as the
findings and analysis contained in case law that had reviewed
the legality of such regulations. The Director further advised
that the studies and case law had been presented to the City
Council and that, amongst other things, as more fully set forth
in his staff report, the studies concluded that: such business
had negative secondary effects, such as an increase in crime;
that the concentration of such businesses in the City could
increase the severity of such negative secondary impacts; and
that such businesses should not be located near certain
sensitive uses, such as schools, churches, parks or public
buildings. The Director advised that the City could not
regulate the content of the speech that was part of such
businesses because such speech was protected by the First
Amendment, but that the City, as well as other public agencies,
had the right to impose reasonable regulations that addressed
the negative secondary impacts. The Director went on to advise
that City staff had mapped out the available sites in the City
after the proposed ordinance becomes effective, and that
approximately one third of the City would still be potentially
available for such adult businesses.
Mayor Pro Tem Ybarra asked if there were any
questions.
Clyde DeWitt, Esq., representing JVL Books addressed
the City Council on behalf of his client on the proposed
Ordinance and stated that he had three objections; the ordinance
would allow a sensitive use to be established near an adult
business that had been properly established and would cause that
business to then be non -conforming; that since adult theaters
are practically non-existent the ordinance was calculated to
stymie viewing of adult films at stand-alone locations; and the
ordinance restricts previewing of adult films at bookstores
similar to Blockbuster; and that this would economically impact
such adult book stores.
Mr. Wilson, Director of Community Services and Water,
responded that this was not true. He explained that if an
application had been submitted, a sensitive use could not move
within the restricted area and cause that adult business to
become non -conforming.
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May 7, 2003
Mr. Wilson went on to discuss the distance
requirements that had been established in the ordinance and
advised it is appropriate to preclude the co -location of
multiple adult businesses on the same property due to the
negative secondary effects caused by such businesses.
Maria Keller, Esq., addressed the City Council and
advised that she had assisted in researching and drafting the
proposed ordinance. Ms. Keller advised that the ordinance does
not allow sensitive uses to veto adult businesses; and the case
law established that the City could prohibit multiple adult
business uses on the same property; that the City could impose a
distance requirement that would maintain a proper distance from
other adult businesses and sensitive uses, such as schools,
parks and churches and that, contrary to Mr. DeWitt's
statements, although the proposed ordinance precluded multiple
adult businesses on the same property, or within a certain
distance of another such use, the proposed ordinance allowed
video arcades in the City in the areas made available by the
ordinance and did not prohibit previewing of adult videos.
Councilman Gonzales stated that his understanding was
that the proposed Ordinance did not prohibit such uses, but only
regulated the impacts, as allowed by the cases presented to the
City Council.
The City Attorney advised that this was correct.
Mr. Wilson showed a slide presentation to the City
Council that depicted the areas where such business could be
located.
The Mayor Pro-Tem asked if there were any further
questions. There were no questions at this time.
It was moved by Gonzales, seconded by McCormick, to
close the public hearing to consider the adoption of an
ordinance amending the Comprehensive Zoning Ordinance
establishing regulations for adult or sexually oriented
businesses or similar businesses with the City of Vernon and
Notice of Intent to adopt the Negative Declaration, the time
being 5:40 p.m. Motion carried.
It was moved by McCormick, seconded by Davis that all
supporting documents, including the studies and case law that
had been presented to the City Council, be received and filed.
Motion carried.
It was moved by Gonzales, 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 will not have a
significant effect on the environment. Motion carried.
Page 5 of 18
Regular City Council Meeting Minutes
May 7, 2003
It was moved by Davis, seconded by Gonzales, 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 Davis, that a
Negative Declaration be adopted, a Notice of Determination and a
DeMinimus be filed with the County Clerk. Motion carried.
ORDINANCE NO. 1094 - An Ordinance of the City Council
of the City of Vernon Amending Chapters 5 and 26 of the Code of
the City of Vernon, California, 1959, by Adding Article VI to
Chapter 5 and Article VI to Chapter 26 Relating to Adult or
Sexually Oriented Businesses or Similar Businesses Within the
City, Terminating the Moratorium Imposed by Ordinance No. 1091,
and Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title by the City Clerk.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1094 be approved for a first reading. Motion
carried.
Ayes: Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: Malburg
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 23, 2003, was presented,
advising that the consultant for the Utilities Department has
determined that it is necessary to lease certain property (4905
Seville Avenue) to be utilized as general office facilities,
parking space for personnel and visitors, and other construction
related uses during the construction of the Malburg Generating
Station at a monthly rate of $3,171.00. Upon execution of such
lease the first month and security deposit in the total amount
of $6,342.00 is due. An 18-month Landlord's and Tenant's Lease
with property owner Ancon Marine, was prepared by the City
Attorney and executed by the City Administrator due to the
urgency of this issue.
It is hereby recommended that the Lease with Ancon Marine be
approved effective May 1, 2003 at the stated monthly rate and
provisions and the execution by the City Administrator be
ratified.
It was moved by McCormick, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 23, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8188 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Landlord's and Tenant's Agreement Lease By and Between the City
of Vernon and Ancon Marine Regarding the Malburg Generating
Station Project, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8188 be approved and adopted. Motion carried.
Page 6 of 18
Regular City Council Meeting Minutes
May 7, 2003
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 23, 2003, was presented,
advising that The California Integrated Waste Management Board
(CIWMB) annually issues enforcement assistance grants to local
enforcement agencies to procure necessary equipment, supplies,
and training to improve the capability and performance of the
agencies. At this time it is necessary to apply for the 9tn
Cycle of the Used Oil Grant Funds for fiscal year 2003/2004.
This has been reviewed by the Director of Environmental Health
and the City Attorney and it is hereby recommended that the
application for a CIWMB Grant in the approximate amount of
$5,300.00 be approved and executed.
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 23, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8196 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Application for a 2003/2004 Used Oil Recycling Block Grant,
was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8196 be approved and adopted. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 29, 2003, was
presented, transmitting a fully executed Grant Deed from Noran
Company, a California General Partnership located at 2503 Vernon
Avenue. The Grant Deed is for a strip of property approximately
8,292 square feet in size, adjoining 2535 Vernon Avenue,
(assessor's parcel numbers 6302-020-060) and 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 Davis, seconded by Gonzales, that the
aforementioned communication from the Director of Community
Services and Water, dated April 29, 2003, be received and filed
and his recommendation approved. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 29, 2003, was
presented, advising that Contract No. 561, Resurfacing of Fire
Station No. 3 and New Paving and Fencing of Booster Plant No. 3,
has been completed.
The total amount, including Change Orders 1 is $156,167.52. The
remaining ten percent (10%) of the total contract amount, or the
sum of $15,616.75, is payable thirty-five days after acceptance
of the work, except such amounts as are required by law to be
withheld by properly executed and filed notices to stop payment,
or as may be authorized by the contract to be further retained.
Page 7 of 18
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May 7, 2003
It is hereby recommended that the work be accepted and that
authority be granted to pay the contractor, E.G.N. Construction,
1549 East Grand Avenue, Pomona, California 91766, in accordance
with contract.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the Director of Community
Services and Water, dated April 29, 2003, be received and filed
and his recommendation approved. Motion carried.
RESOLUTION NO. 8187 - A Resolution of the City Council
of the City of Vernon Accepting the Work of E.G.N. Construction
Inc. in Accordance with Contract No. 561 of the City of Vernon,
was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8187 be approved and adopted. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 30, 2003, was
presented, transmitting a fully executed Grant Deed from Baker
Commodities, Inc., a Delaware Corporation located at 4020
Bandini Boulevard. The Grant Deed is for a portion of property
approximately 411 square feet in size, adjoining 4100 Bandini
Boulevard, (assessor's parcel numbers 6304-005-020) and 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 Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated April 30, 2003, be received and filed
and his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 30, 2003, was presented,
advising that Clougherty Packing Company has requested a
variance from the 2001 California Building Code (CBC) Chapter 5,
Section 505.2 "Unlimited Areas". Pursuant to this section
certain occupancies shall not be limited if the building is
provided with an automatic sprinkler system throughout, and;
pursuant to Chapter 9 of the CBC, and it is entirely surrounded
and adjoined by public ways or yards not less than 60 feet in
width. Clougherty Packing Company is proposing to construct a
new 120,000 square foot cold storage facility in their building
located at 3049 Vernon Avenue. Transmitted herewith is an
Engineer's Report dated April 30, 2003, as submitted by the
Director of Community Services and Water.
This has been reviewed by the Fire Chief and the Director of
Community Services and Water and it is recommended that the
variance be granted with the following conditions:
Page 8 of 18
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May 7, 2003
l.Clougherty Packing Company shall provide a fully
automatic sprinkler system for the hog pen structure.
2. Clougherty Packing Company shall provide a fully
automatic sprinkler for the cold storage distribution
facility.
3. Clougherty Packing Company shall provide a fire access
roadway between the hog pens/cold storage distribution
facility and the ham building.
4. Clougherty Packing Company shall provide and record the
necessary documentation for merging all of the properties
into one.
5. Clougherty Packing Company shall provide a one -hour
occupancy separation between the cold storage
distribution facility and the hog pen structure per
section 302.2 of the 2001 CBC.
6. Storage under the hog pen structure shall be limited to
non-combustible storage with the exception of livestock.
The Director of Community Services and Water addressed
the City Council ad stated that condition 116" should be changed
to read:
6. Storage under the hog pen structure shall be limited to
non-combustible storage and livestock.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 30, 2003, be received and filed and his
recommendation approved with the change to condition "6" as
relayed by the Director of Community Services. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated April 30, 2003, was presented,
transmitting for consideration, Contract No. 580, Recycled Water
Pipeline Extension, and recommending that the contract be
approved and authority be granted to advertise for bids.
It was moved by McCormick, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated April 30, 2003, be received and filed
and his recommendation approved. Motion carried.
RESOLUTION NO. 8191 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 580 for Recycled
Water Pipeline Extension and Authorizing Notice Inviting Sealed
Proposals or Bids in Accordance Therewith, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 8191 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 30, 2003, was presented,
advising that the Federal Highway Administration (FHWA) is
requesting that all recipients of (FHWA) funds adopt a
Disadvantage Business Enterprises (DBE) Program to establish
their own DBE goals before any funding can be released.
On August 15, 2002, Caltrans approved the DBE Program for FFY
2002-2003 submitted by the Community Services and Water
Department.
Page 9 of 18
Regular City Council Meeting Minutes
May 7, 2003
Submitted herewith for the record is proof of the Public Notice
publication and it is hereby recommended that the City of
Vernon's DBE Program be approved and a resolution adopted.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City
Administrator/City Clerk, dated April 30, 2003, and all
supporting documents be received and filed as evidence and his
recommendation approved. Motion carried.
RESOLUTION NO. 8192 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Disadvantaged
Business Enterprise Program Pursuant to Part 26 of Title 49 of
the Code of Federal Regulations, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8192 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2003, was presented,
advising that the consultant for the Utilities Department has
determined that it is beneficial to lease the property located
adjacent to, and west of, Seville Avenue between Leonis
Boulevard and Fruitland Avenue, which is owned by Los Angeles
Junction Railway Company. The lease is for the purpose of
providing general office facilities, parking space for personnel
and visitors, and other construction related uses during the
construction of the Malburg Generating Station at a monthly rate
of $3,545.30. Upon execution, of such lease, the first month
and a one-time fee ($5,393.00) for temporary fence relocation
and reinstallation in the total amount of $8,938.30 is due.
This has been reviewed by the City Attorney and it is hereby
recommended that the Lease with Los Angeles Junction Railway
Company be approved and executed by the City Administrator to
begin on May 1, 2003 until terminated.
It was moved by Davis, seconded by McCormick, that the
aforementioned communication from the City Administrator/City
Clerk, dated April 30, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8189 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Lease of Land By and Between the City of Vernon and Los
Angeles Junction Railway Company Regarding the Malburg
Generating Station Project, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8189 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2003, was presented,
advising that the Utilities Department advises that it is
necessary to close portions of Seville Avenue and 50th Street to
through traffic as we commence with the construction of the
Malburg Generating Station.
Page 10 of 18
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May 7, 2003
This will be closed from approximately May 15, 2003 through
October 2004. The existing contractor will be responsible for
maintaining the closure and detouring signage under the
inspection of City of Vernon staff.
This has been reviewed by the Director of Community Services and
Water and the City Attorney and it is hereby recommended that
the closure of portions of Seville Avenue and 50th Street,
pursuant to Vernon City Code Section 22.100, be permitted.
Mr. Wilson stated that notices were sent to businesses
and property owners within 300 ft. and they were invited to
attend the meeting.
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 1, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8195 - A Resolution of the City Council
of the City of Vernon Authorizing the Closure of Portions of
Seville Avenue and 50th Street Pursuant to Vernon City Code
Section 22.100 in Connection with the Construction of the
Malburg Generating Station, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8195 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 1, 2003, was presented,
advising that it is necessary at this time to enter into an
agreement with the County of Los Angeles to design and
administer the street pavement improvement of Downey Road from
Fruitland Avenue to Slauson Avenue. Pursuant to Section 15301,
Class l,c of the California Environmental Quality Act (CEQA)
guidelines the project is categorically exempt if the street
improvement does not expand the existing use. The County budget
for this project is $930,000.00 of which $30,000.00 will be
contributed by the City of Vernon and paid with Aid -to -Cities
funds received from the County of Los Angeles.
This has been reviewed by the Director of Community Services and
Water and the City Attorney and it is hereby recommended that
Council determine the project is categorically exempt from the
CEQA provisions. It is also recommended that the Agreement with
the County of Los Angeles regarding the street pavement
improvement for Downey Road be approved and executed.
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 1, 2003, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8190 - 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 the County of
Los Angeles Regarding the Resurfacing of Downey Road, was
presented.
Page 11 of 18
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May 7, 2003
It was moved by McCormick, seconded by Davis, that
Resolution No. 8190 be approved and adopted. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 18, 2003, was presented, requesting authority and funds
for Records Manager Danita Robertson to attend the "CLEARS
Region Training" at Corona on May 21, 2003, with an expense
allowance of $101.40.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be approved for Records Clerk Manager Danita
Robertson to attend the aforementioned training with an expense
allowance of $101.40. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April 18, 2003, was presented, requesting authority and funds
for the below listed personnel to attend the "Labor Management
Dispute Update Training Seminar" at Palm Springs on June 4
through 6, 2003, with an expense allowance of $438.94 and
$408.94 respectively.
• James Rodino, Lieutenant
• Inez Aragon, Detective
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for the above listed personnel
to attend the aforementioned seminar with the stated expense
allowances. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 29, 2003, was presented,
requesting authority and funds for the below listed personnel to
attend the "Mistake -Free Grammar & Proofreading Seminar" at
Anaheim on May 23, 2003, with an expense allowance of $107.10,
$102.00, and $99.00, respectively.
• John Salomon, Information Technology Manager
• Vipul Patel, Information Technology Analyst
• Araceli Ayon, Utility Clerk
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for the above listed personnel
to attend the aforementioned seminar with the stated expense
allowances. Motion carried.
Communication from Steven E. Parker, Fire Chief, dated
April 29, 2003, was presented, requesting authority and funds
for the below listed firefighters to attend the "Hazmat
Technician Modules 1C and 1D Training" at Rancho Dominguez on
June 9 through 20, 2003, with an expense allowance of $700.00
each.
• Frank Quinones
• Scott Metz
• Matthew Holtzendorff
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May 7, 2003
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for the above listed personnel
to attend the aforementioned training with an expense allowance
of $700.00 each. Motion carried.
Communication from Samuel Kevin Wilson, Director of
Community Services and Water, dated April 30, 2003, was
presented, requesting authority and funds for Utilityman II
Andrew Thompson to attend the "The Basics of Taking Physical
Inventories and Cycle Counts Training" at Pasadena on May 12,
2003, with an expense allowance of $209.80.
It was moved by Davis, seconded by Gonzales, that
authority and funds be approved for Utilityman II Andrew
Thompson to attend the aforementioned training with an expense
allowance of $209.80. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 1, 2003, was presented, transmitting the
Minutes for the Regular Finance Committee Meeting held April 22,
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 22, 2003, be approved. Motion carried.
RESOLUTION NO. 8194 - A Resolution of the City Council
of the City of Vernon Accepting the Quote of Aardvark Tactical,
Inc. for the Purchase of Tactical Response Equipment for the
Police Department, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8194 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 1, 2003, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting to
be held May 7, 2003, for approval of the recommendations
contained therein.
It was moved by McCormick, seconded by Gonzales, that
the recommendations on the Agenda for the Adjourned Regular
Personnel Committee Meeting held May 7, 2003, be approved.
Motion carried.
Warrant Register No. 1113 covering claims and demands
presented during the period of April 10, 2003 through April 30,
2003, drawn on Wells Fargo Bank totaling $966,621.61, which
includes demand nos. 210159 through 210467, (inclusive),
excluding Utilities' demands and voided check nos. 210176,
210216, and 210218 (Accounting period May 2003).
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 1113 be approved and payment authorized for
claims and demands totaling $966,621.61, excluding Utilities'
demands and voided check as listed above. Motion carried.
Page 13 of 18
Regular City Council Meeting Minutes
May 7, 2003
Warrant Register No. 1113 covering claims and demands
presented during the period of April 10, 2003 through April 30,
2003, drawn on Wells Fargo Bank totaling $5,922,295.29, which
includes Utilities' demands nos. as listed below: (Accounting
period May 2003).
210168
210171
210177
210181
210182
210187
210190
210201
210202
210205
210206
210209
210211
210213
210217
210222
210224
210231
210242
210243
210257
210276
210299
210300
210322
210325
210342
210349
210356
210382
210386
210388
210389
210397
210401
210412
210413
210436
210438
210442
210443
210465
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1113 be approved and payment authorized for
Utilities' claims and demands totaling $5,922,295.29. 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.
The Mayor Pro-Tem called a short recess at 6:00 p.m.
The City Council reconvened in regular session at 6:04 p.m., all
members present before the recess again being present.
The City Clerk advised that now was the time to go
into closed session on Item No. 1.
It was moved by McCormick, seconded by Davis, that the
City Council go into closed session on Item No. 1, the time
being 6:04 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
Chief Deputy City Clerk, Chief of Police and Police Captain.
The Mayor Pro-Tem 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
Chief of Police and Police Captain were excused at
�.
It was moved by McCormick, seconded by Gonzales, that
the City Council go out of closed session on Item No. 1, the time
being 6:09 p.m. Motion carried.
The City Clerk announced that there was nothing to be
discussed in closed session on Item No 2.
Page 14 of 18
Regular City Council Meeting Minutes
May 7, 2003
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 Davis, that the
City Council go into closed session on Item Nos. 3, 4, 5, and 6,
the time being 6:10 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 Pro-Tem 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 2148676;
(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;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. 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. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO);
FERC Docket No. 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
Page 15 of 18
Regular City Council Meeting Minutes
May 7, 2003
Docket Nos. RTO1-82 (SDG&E), RTO1-83 (PG&E), RTO1-85
(ISO) and RTO1-92 (SCE); FERC Docket No. ELO1-84 (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);
(g) The Burlington Northern and Santa Fe Railway Company
v. City of Vernon; USDC No. CV-00-12891 NM (AJWx);
(h) Sterling Davis v. City of Vernon, et al., USDC No. CV-
01-01602 DDP (AJWx);
(i) Cities of Arcadia, et al. v. The California Regional
Water Quality Control Board, etc., et al., LASC No BC
245633;
(j) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01-
36 (Coral Power, L.L.C., et al. v. PX); FERC Docket
No. EL01-37 (SRP & SMUD v. PX);
(k) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E);
(1) Central and West Basin Water Replenishment District,
etc., v. Charles E. Adams, et al, LASC No. C 786656;
(m) Department of Water Resources v. ACN Energy, Inc., et
al., Case No. O1ASO5497;
(n) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos.
ECO2-31, EL02-36 and CP02-38 (PG&E, et al.);
(o) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02-
01247 DT
(p) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East
District -Covina);
(q) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862
(H.P. District);
(r) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case
No. BC 265905;
(s) 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.
Page 16 of 18
Regular City Council Meeting Minutes
May 7, 2003
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 on Item Nos. 3,4,5, and
6 and resume regular session, the time being 6:15 p.m. Motion
carried.
It was moved by Davis, seconded by Gonzales, that the
discipline recommended by the Chief of Police for the Police
Officer be approved. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
retainer agreement with the Law Offices of Samuelsen, Gonzales,
Valenzuela, and Brown be approved and executed in connection with
the anticipate litigation matter. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the actions by Channing Strother of McCarthy, Sweeney & Harkaway
in filing an answer in FERC Docket No. EL03-54 (California
Independent System Operator Corporation) are hereby ratified.
Motion carried.
It was moved by Davis, seconded by Gonzales, that only
part of the Liability Claim of Orval Kent Food Co., in the amount
of $1,782.00 be accepted and that the remaining part of the Claim
in the amount of $11,227.00, be denied. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
Liability Claim of Mary Beth Hyde be accepted and the Release of
All Claims be approved and accepted in the amount of $206.93.
Motion carried.
It was moved by Davis, seconded by McCormick, that the
Liability Claim of Jill Smithson be rejected. Motion carried.
Page 17 of 18
Regular City Council Meeting Minutes
May 7, 2003
There being no further business to come before the City
Council at this time, it was moved by McCormick, seconded by
Gonzales, that the meeting adjourn, the time being 6:17 p.m.
Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
Thomas Ybarra
Mayor Pro-Tem
Page 18 of 18