Loading...
20030702 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 2, 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 Adjourned City Council Meeting held June 25, 2003, be approved and adopted as corrected, (pages 6 & 7). Motion carried. The City Clerk advised that now was the time to present the Police Department's Merit Bar Award to Police Officer Jose Urita for his outstanding performance in his investigative efforts and technical skills. The Chief of Police gave a brief summary of what and how the award is achieved. The Mayor presented a Service Pin to the following employee and extended congratulations on behalf of the entire City Council. Otis Smith Electrical Engineer 5 years The following employees were unable to attend the meeting and their service pins were accepted by their respective department head. Leo Lee Code Enforcement Inspector 5 years Alexandra Ronquillo Dispatcher 5 years Police Department Activity Log for the period June 16 through 30, 2003, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period June 16 through 30, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period June 16 through 30, 2003, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period June 16 through 30, 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 Council at this time on. Regular City Council Meeting Minutes July 2, 2003 Susan Guerra from the Gas Company spoke briefly and thanked the Council for having the Fire Department and Police Department attend their Safety Breakfast Meeting. She stated that Vernon was the only City that was well represented. The City Clerk advised that it was time to open the public hearing to consider the Conditional Use Permit application from JVL Books, Inc. to operate a commercial retail facility at 5592 and 5600 Santa Fe Avenue, Vernon, California. It was moved by Gonzales, seconded by Davis, to open the public hearing to consider a conditional use permit application from JVL Books, Inc. to operate a commercial retail facility at 5592 and 5600 Santa Fe Avenue, Vernon, California, the time being 5:14 p.m. Motion carried. Mr. Wilson distributed to the City Council a final "Staff Report dated June 30, 2003" and highlighted the changes from the draft dated June 25, 2003 and distributed to the Council on June 30, 2003. Mr. Wilson stated the following. According to the City's Code, any retail or commercial use that will utilize a building with over 10,000 square feet of floor area or generate more than 20 vehicle trips per day per one thousand square feet of floor area must obtain a conditional use permit ("CUP"). On May 20, 2003, the City of Vernon City Council enacted Ordinance No. 1094 that became effective on June 20, 2003. That Ordinance identified the areas in the City in which Adult or Sexually Oriented Businesses may be established and adopted regulations under which such businesses are to operate. All such businesses must comply with Ordinance No. 1094. If the Adult or Sexually Oriented Business will occupy a building with over 10,000 square feet of floor area or generate more than 20 vehicle trips per day per one thousand square feet of floor area, then it must also obtain a CUP. In order to obtain a CUP, an Adult or Sexually Oriented Business must, however, comply with Ordinance No. 1094. Because Ordinance No. 1094 regulates Adult or Sexually Oriented Businesses, the CUP requirement only applies to matters relating to the building such uses will occupy, as well as traffic issues. The applicant in this case seeks a CUP because it believes its retail or commercial business will generate more than 20 vehicle trips per day per one thousand square feet of floor area. The City's Zoning Ordinance requires an application for a CUP to be made by the property owner or his authorized agent on the form provided by the City. On March 11, 2003, Clyde DeWitt submitted an application on behalf of JVL Books. The application sought a CUP for the two properties located at 5592 Santa Fe Avenue and 5600 Santa Fe Avenue. However, at that time, JVL did not own either of these properties. According to JVL's Vice President, William H. Andrus, the property owner at the time the CUP application was filed was HINO8-LLC. Page 2 of 19 Regular City Council Meeting Minutes July 2, 2003 The application submitted indicates that the proposed use was for an adult business; specifically, an Adult Book and Video Store. Before the application was submitted, the City Council enacted Ordinance No. 1091, imposing a moratorium that prevented the City's Staff from any permits for adult -oriented businesses. Therefore, the City's Staff was prohibited from processing the application until June 20, 2003, when the moratorium expired. The application states that the proposed business included "the sale of adult, sexually oriented novelties, magazines, books and newspapers, as well as the sale, rental and on -premise viewing of adult motion pictures (mostly in DVD and prerecorded videotape format)." The specific commercial use at the site is for an adult bookstore, adult novelty store and adult arcade. Each of these businesses is considered an Adult or Sexually Oriented Business under the Vernon Municipal Code. The applicant proposes to construct a 4,640 square foot building on the 5592 Santa Fe Avenue property. A 3,376 square foot building was recently demolished at this location and the site is currently vacant. According to the applicant, additional parking for the proposed development is to be provided on the 5600 Santa Fe Avenue location. Presently, a 1,134 square foot building remains on the 5600 Santa Fe Avenue property. The commercial use proposed is to operate 24 hours a day, 365 days a year. Mr. DeWitt has also stated recently that he is only seeking a CUP for a video store. This is clearly inconsistent with his application and various statements he has made in court filings. Ordinance No. 1094 also contains a location restriction pertaining to Adult or Sexually Oriented Businesses. Under the location requirement, no such business shall be established on a property located within 1500 feet of any other property containing an Adult or Sexually Oriented Business whether inside or outside the City limits. In addition, no Adult or Sexually Oriented Business shall be established or located within 1500 feet of any existing residential dwelling unit, residential use, public park, recreational area, public building, church, school, boys' club, girls' club, or similar existing youth organization, bar, tavern, pool hall, or liquor store, whether inside or outside the City limits. The total square footage of the buildings on the site was stated to be approximately 5,500 square feet. In actuality, the total square footage of the two buildings will be 5,774. The square footage of the proposed buildings, individually or combined, does not trigger the need to obtain a CUP under Section 26.3.5-3 (a) because they are less than 10,000 square feet of floor area. On the issue of vehicle trips, a CUP would be required if the number of vehicle trips exceeded 116 per day. The applicant's development plan provides for 22 parking spaces and the applicant has stated that the parking lot is not expected to be over half full at any given time. Ordinarily, the City would be provided with an actual or estimated vehicle count in order to determine the impact on the street network system. No vehicle count or estimated count has been provided to the City. Page 3 of 19 Regular City Council Meeting Minutes July 2, 2003 The City Council is required to make seven findings in order to grant a CUP for a nonresidential use. Based upon the Staff Report and the evidence submitted regarding the application, the Director of Community Services recommended the following findings: 1.Based on the information provided by the applicant and the development plan submitted, the site does not appear to be adequate in size and shape for the proposed retail or commercial use because the building does not conform to the setback requirements in the City's Code. 2.Ordinance No. 1094 was intended, in part, to address the adverse effects upon adjacent or abutting properties such as noise, light or glare, or risk of fire or infection. The proposed use violates Ordinance No. 1094. 3.The proposed retail or commercial use violates Ordinance No. 1094 and, therefore, will not be compatible with the permitted uses of surrounding and adjacent properties. 4. Based on the information provided and the site plan by the applicant, there is not sufficient information on maneuvering from which to determine whether the site has sufficient access to streets and highways. In addition, as proposed, the site is not being developed in a manner consistent with the Master Plan; the streets are not being widened properly. 5. Based on the information provided by the applicant, the site does not have adequate truck loading facilities. 6.The retail or commercial use, as to design, is not consistent with the General Plan and zoning regulations, including Ordinance No. 1094. The retail or commercial use is not consistent with the City's regulations. Specifically, (a) Section 26.5.2.1 requires an application for a conditional use permit to be filed by the property owner or his authorized agent. To this day, it is unclear who the property owner was at the time the CUP application was filed. On March 11, 2003, the applicant was not the owner of the subject property. In addition, the then property owner did not sign the application. Therefore, the application submitted on March 11, 2003 is invalid. (b) Section 26.6.3 (a) states that no person shall cause or permit the establishment of more than one Adult or Sexually Oriented Business on the same property. The applicant proposes to operate a adult bookstore/video store, adult novelty store and an adult arcade all at the same location which violates Ordinance No. 1094. Page 4 of 19 Regular City Council Meeting Minutes July 2, 2003 (c) Section 26.6.3 (b) states no such business shall be established or located within 1500 feet of any residential dwelling area, public building, church, school, boy's club, girls club, or similar existing youth organization, bar, tavern, pool hall, or liquor store, whether inside or outside the City limits. The applicant proposes to operate an Adult or Sexually Oriented Business within 295 feet of a residential unit and within 620 feet of a bar which violates Ordinance No. 1094. (d) Section 26.4.3 establishes the building setback line as the right of way line in accordance with the Master Plan. In addition, Section 26.4.4-1 states dedication of street right of way for a lot or parcel of land which adjoins a street or highway in any zone any street improvements which are reasonably related to any lot or parcel may be required with the issuance of a building permit, occupancy permit, or conditional use permit in accordance with the master plan of city streets. The applicant's development plan does not provide a 40-foot property line radius at the northeast corner of Santa Fe Avenue and 56th Street in accordance with the City's Master Plan. The applicant's development plan, therefore, does not conform to the City's setback and dedication requirements. (e) Section 5.92 of the Vernon Municipal Code establishes the hours of operation to be 8:00 a.m. through 12:00 midnight. The applicant proposes to operate 24 hours a day, seven days a week contrary to the requirements in Section 5.92. 7. Since the City's Staff is recommending that the application be denied, there are no conditions stated in the decision that require a finding that they are necessary to protect the public health, safety and general welfare. It is Staffs' recommendation that, based upon the above findings, a conditional use permit pursuant to Section 26.3.5-3 (a) be denied. Mr. Wilson also presented slides for the Council's viewing of the proposed location. The Mayor asked if there was anyone in the audience who wished to address the Council on this matter. Steve Craig from Craig Welding & Supply on Santa Fe Avenue addressed the City Council and stated that he has a concern with this project. He said that it is contradictory to the City's Industrial Environment and that he is concerned with the type of clientele that the business may bring into the City of Vernon and he hoped that council considers this when they take action. Page 5 of 19 Regular City Council Meeting Minutes July 2, 2003 John Norton from the Vernon Industrial Council addressed the Council and advised that he believes that this type of business is not the type of organization that would be cohesive with the City's Environment. He does not believe that this type of "smut" is what we want in our City. He stated on behalf of the Vernon Industrial Council, "It can affect the safety of the night time population." Mr. Norton asked that the Vernon leaders not approve this Conditional Use Permit. Mr. Bakbot whose property is located at the border of Huntington Park and Vernon addressed the City Council and stated, "We have been at this location for 34 years. The Founders of the City of Vernon created a great place for the businesses to operate and the City has great public services. Though the project is not in Huntington Park because of its closeness it does affect my business. I hope you do not approve this kind of business here in this City" Christina Romero whose property is located behind 5600 Santa Fe on the border of Huntington Park and Vernon addressed the City Council. She stated that she is concerned with robberies, graffiti, and additional crime. She is also concerned that the project will create parking problems and that her property will be utilized for parking due to its proximity. Clyde Dewitt attorney on behalf of JVL Books addressed the City Council and advised that the existing building on 5600 Santa Fe Avenue would be demolished prior to any other construction. Mr. Dewitt also stated that he had received a fax from the City at 1:44 p.m. pertaining to: 1. Traffic Study 2. Modification of plans due to the curb return radius He advised that his client needed more time on both of these issues. Mr. Dewitt further stated that on March 11, 2003, they submitted a CUP application and Ordinance No. 1094 was not in place at that time; however, they have not been able to resubmit a new application. The City Attorney asked who was the owner when the CUP was submitted. Mr. Dewitt said JVL Books is the applicant but was not the owner of the property as of March 11, 2003. Steven Weiner is now the owner. The City Attorney asked if JVL Books was identified on the application as the owner of the property and if the escrow on the property closed. Mr. Dewitt responded yes, that JVL was listed as the owner, but that even they are not now the owner, they had an equitable interest in the property. Page 6 of 19 Regular City Council Meeting Minutes July 2, 2003 City Attorney asked if it was because of escrow that he believes JVL had an equitable interest. Mr. Dewitt responded that escrow closed and they made Steve Weiner the owner and "deeded" the property to him. City Attorney asked about the building at 5600 Santa Fe and if it will be demolished and how big it is? The Director of Community Services and Water responded that it is about 1,100 square feet. City Attorney asked how big the new building would be. Mr. Dewitt stated that it would be less than 4,000 square feet. City Attorney stated that the application has something different; the size of the building is different. How did you come up with that size? Mr. Dewitt responded that he didn't come up with the size, the contractor did based on conversation with City staff. City Attorney asked if the use is going to be different from what your application indicates? Mr. Dewitt responded that the need for more information has come to my attention such as the traffic study. City Attorney asked if he was asking for more time to prepare the traffic study. Mr. Dewitt asked if he could change any of the components of the application and stated, "I don't know if I am allowed to do that". Councilman Gonzales interjected at this time and stated, "You want to comply with the parking and traffic but what about the issue of the proximity to local businesses that are restricted by Ordinance No. 1094?" Councilman Gonzales also stated that he felt one of the major issues is that it would be improper for their business to be close to the elementary school or residential property. Mr. Dewitt responded, "That is correct but that is only if Ordinance No. 1094 is acceptable to the courts. The only thing I can do at this time is to perform the traffic study." The Director of Community Services and Water advised that Ordinance No. 1094 established a moratorium until June 20, 2003, which prohibited any action until then. At that time we began our review and reported our findings. Mr. Dewitt stated to the City Council that he could not address anything because he could not change the original application. Page 7 of 19 Regular City Council Meeting Minutes July 2, 2003 City Attorney advised that he could now file a new application. Mr. DeWitt advised that he would not be doing that and that he was not requesting that the hearing be continued. The Mayor asked if there was anyone else in the audience who wished to address the Council at this time on. There was no one wishing to address the City Council at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 26, 2003, was presented, advising that JVL Books, Inc., has submitted a conditional use permit application to construct and operate a commercial retail facility. The conditional use permit application is for two properties located at 5592 and 5600 Santa Fe Avenue in the City of Vernon. Transmitted herewith are the following supporting documents: 1. Staff Report, dated June 25, 2003. 2. Application for Conditional Use Permit and Information supporting the application. 3. Notice of Public Hearing, copies of notification letter to owners and tenants in the area, and affidavits of posting and mailing. This has been reviewed by the Director of Community Services and Water and the City Attorney and based upon said review it is hereby recommended that the Conditional Use Permit application be denied. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated June 26, 2003, and any and all supporting documents submitted as evidence during the public hearing be received and filed. Motion carried. City Attorney advised the Council that they may want to take all the supporting documents & comments under deliberation at this time and come back at the next council meeting with their decision, unless they feel they can act upon it tonight. It was moved by Ybarra, seconded by Davis, to close the public hearing to consider a conditional use permit application from JVL Books, Inc. to operate a commercial retail facility at 5592 and 5600 Santa Fe Avenue, Vernon, California, the time being 6:00 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the conditional use permit application from JVL Books, Inc., be denied. Motion carried. RESOLUTION NO. 8243 - A Resolution of the City Council of the City of Vernon Approving/Denying a Conditional Use Permit to JVL Books, Inc. to Construct and Operate a Commercial Retail Use Located at 5592 and 5600 Santa Fe Avenue. Page 8 of 19 Regular City Council Meeting Minutes July 2, 2003 It was moved McCormick, seconded by Ybarra, that the Resolution No. 8243 be deferred and that City Staff and the City Attorney be directed to prepare proposed findings for consideration by the City Council. Motion carried. The City Clerk advised that it was time to open the hearing to consider the Industrial Disability Retirement Application for Police Sergeant David Rumley. It was moved by McCormick, seconded by Davis, to open the hearing to consider the Industrial Disability Retirement Application for Police Sergeant David Rumley, the time being 6:05 p.m. Motion carried. The City Attorney briefly addressed City Council on this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 18, 2003, was presented, advising that David Rumley was hired as a Police Officer on July 8, 1991. In accordance with GC 21152(c) the City filed an Industrial Disability Retirement application, which was received by PERS on May 1, 2003. Sgt. Rumley has exhausted his 4850 Labor Code benefits as of January 5, 2003. Medical reports dated May 20, 2003, support Sgt. Rumley's inability to return to his job as a Police Sergeant. Based on the information provided he would qualify for an industrial disability. This has been reviewed by our Risk Manager and it is hereby recommended that the City Council approve Police Sgt. David Rumley's Industrial Disability Retirement and issuance of advanced disability pension payments in the amount of $1,505.32 until PERS begins payments. It was moved by Ybarra, seconded by McCormick, to close the public hearing to consider the Industrial Disability Retirement Application for Police Sergeant David Rumley, the time being 6:10 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated June 18, 2003, and any and all supporting documents submitted as evidence during the hearing be received and filed; and, his recommendation be approved. Motion carried. RESOLUTION NO. 8244 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of David Rumley, A Local Safety Member Employed By The City Of Vernon (Government Code Sections 21154 And 21156), was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 8244 be approved and adopted. Motion carried. Page 9 of 19 Regular City Council Meeting Minutes July 2, 2003 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 23, 2003, was presented, advising that the bids received and opened on June 18, 2003, according to Contract No. 580, Recycled Water Pipeline Extension are as follows: Valverde Construction, Inc. $1,491,100.00 J. Fletcher Creamer & Son, Inc. $1,615,830.00 So. Calif. Underground Contracts, Inc. $1,636,390.00 Cedro Construction, Inc. $1,797,164.00 Tomovich & Associates $2,278,230.00 ARB, Inc. $2,413,126.00 T.A. Rivard, Inc. $2,808,470.00 The bids have been reviewed and it is recommended that this contract be awarded to Valverde Construction, Inc., on the basis of their bid of $1,491,100.00. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated June 23, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8235 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Valverde Construction, Inc. for the Recycled Water Pipeline Extension in Accordance with Contract No. 580 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8235 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 24, 2003, was presented, advising that we have received a notice from the California Air Resources Board that additional funding is available for the "Zero Emission Vehicles" that were purchased or leased after May 1, 2002. Due to funding being limited and in order to receive said funding it was necessary to submit an application, which was accepted for a total of $4,000.00. This has been reviewed by the City Attorney. Transmitted herewith is the Application for a Zero Emission Vehicle Fleet Incentive Grant executed by the Purchasing Assistant and it is hereby recommended that the application be approved and ratified. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 24, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8241 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Grant Application and Agreement to the California Air Resources Board Regarding Fleet Zero -Emission Vehicle Incentive Program, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8241 be approved and adopted. Motion carried. Page 10 of 19 Regular City Council Meeting Minutes July 2, 2003 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 25, 2003, was presented, advising that the Vernon Avenue Resurfacing Project, Contract No. 560, has been completed by All American Asphalt. The total contract amount, including Change Order No. 1, is $126,170.85. It is recommend the work be accepted and the City of Vernon pay the contractor, All American Asphalt, P.O. Box 2229, Corona, CA 92878-2229, the remaining ten percent (10%) of the total contract amount, $12,617.09, thirty-five days after acceptance of the work. In addition, the State of California allocated funds from the State Transportation Improvement Fund to reimburse the City of Vernon $60,000.00 for this project. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated June 25, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8236 - A Resolution of the City Council of the City of Vernon Accepting the Work of All American Asphalt in Accordance with Contract No. 560 of the City of Vernon, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8236 be approved and adopted. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 25, 2003, was presented, transmitting a fully executed Grant Deed from Clougherty Packing Company, a corporation located at 3049 Vernon Avenue. The Grant Deed dedicates a five-foot deep portion of the frontage, approximately 2,544 square feet in size, of assessor's parcel numbers 6303-005-019 (3137 Vernon Avenue), 6303-005-020 (3163 Vernon Avenue), and 6303-005-022 (3207 Vernon Avenue) 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. The City Attorney advised that the Mayor should abstain from participating in this matter. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated June 25, 2003, be received and filed and his recommendation approved. Motion carried. Mayor Malburg abstained from participating in this decision and from voting on this issue. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 25, 2003, was presented, advising that due to the recent insurance crisis the Independent Cities Risk Management Authority (ICRMA) Board approved the exploration of a self -funded excess Workers Compensation Program (WCP). In order for the WCP to secure workers' compensation coverage for the City of Vernon it is necessary that a resolution be approved and executed. Page 11 of 19 Regular City Council Meeting Minutes July 2, 2003 This has been reviewed by the Risk Manager and the City Attorney. It is hereby recommended to approve participation in the Workers' Compensation Program of the Independent Cities Risk Management Authority and that a resolution be approved and executed. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated June 25, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8242 - A Resolution of the City Council of the City of Vernon Approving Participation in the Workers' Compensation Program of the Independent Cities Risk Management Authority, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8242 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 26, 2003, was presented, advising that in order to continue with the Fiber Optic Network extension the following firms need to be retained for completion of this project: • VCI Telecom, Inc., to provide construction services at a cost not -to -exceed $273,729.00. • RFL Electronics to provide optical multiplexing components and configuration services at an approximate cost of $26,636.00. • Graybar Electric to provide optical transceivers manufactured by IFS at an approximate cost of $46,903.25. • Pirelli Cable and Systems USA, LLC, to provide the necessary fiber optic cable for the extension at an approximate cost of $90,800.20. This has been reviewed by the Director of Community Services and Water and the City Attorney. It is hereby recommended that the aforementioned firms be retained for the Vernon Fiber Optic Network Extension Project. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 26, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8237 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Contract No. FO 2003 By and Between the City of Vernon and VCI Telcom, Inc., a Subsidiary of Quanta Services, Inc., was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8237 be approved and adopted. Motion carried. RESOLUTION NO. 8238- A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and RFL Electronics Inc., was presented. Page 12 of 19 Regular City Council Meeting Minutes July 2, 2003 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8238 be approved and adopted. Motion carried. RESOLUTION NO. 8239 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Graybar Electric Company, Inc., was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 8239 be approved and adopted. Motion carried. RESOLUTION NO. 8240 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Pirelli Communications Cables and Systems USA, LLC., was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8240 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 26, 2003, was presented, advising that at this time it is necessary that the City enter into an agreement with Lowney Associates to provide geotechnical and construction materials observation and testing services for the Malburg Generating Station Project at a cost not -to -exceed $498,900.00. This has been reviewed by the Project Manager for the Malburg Generating Station and City Attorney and it is hereby recommended that an Agreement be entered with Lowney Associates for the aforementioned. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated June 26, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8245 - 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 Lowney Associates for the Malburg Generating Station Project, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8245 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 26, 2003, was presented, advising that the Director of Utilities is requesting that Amendment No. Two to the existing Maintenance Agreement with Thomason Mechanical Corporation be approved to extend the period through June 30, 2004 to continue providing mechanical preventative maintenance and emergency services for the units located at the Vernon Power Plant; including an increase in cost from $90,000.00 to $101,000.00. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. Two to the existing Maintenance Agreement with Thomason Mechanical Corporation be approved and executed. Page 13 of 19 Regular City Council Meeting Minutes July 2, 2003 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 26, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8221 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Two to Maintenance Agreement By and Between the City of Vernon and Thomason Mechanical Corporation, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8221 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 26, 2003, was presented, advising that the Director of Utilities is requesting that Amendment No. One to the existing Maintenance Agreement with Littlejohn-Reuland Corporation be approved to extend the period through June 30, 2004 to continue providing electrical preventative maintenance and repair services for the units located at the Vernon Power Plant; all other terms and conditions remain the same, including a not -to -exceed cost of $70,000.00. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. One to the existing Maintenance Agreement with Littlejohn-Reuland Corporation be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 26, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8222 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Maintenance Agreement By and Between the City of Vernon and Littlejohn-Reuland Corporation, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8222 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated June 13, 2003, was presented, requesting authority and funds for Dispatcher Supervisor Maria Alway to attend the "Assertive Supervision Seminar" at Anaheim on July 22 through 24, 2003, with an expense allowance of $302.80. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Dispatcher Supervisor Maria Alway to attend the aforementioned seminar with an expense allowance of $302.80. Motion carried. The City Clerk advised that the following communication be removed from the agenda. Page 14 of 19 Regular City Council Meeting Minutes July 2, 2003 Communication from Bruce Olson, Chief of Police, dated June 13, 2003, requesting authority and funds for the below listed Police Officers to attend the "Driving Under the Influence Seminar" at Laguna Hills on July 21 through 25, 2003, with an expense allowance of $1,010.56. • Eugenio Cerda • Gustavo Herrera It was moved McCormick, seconded by Davis, that the aforementioned communication be remove from the agenda. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2003, was presented, requesting authority and funds for Director of Environmental Health Lewis Pozzebon to attend the "League of California Cities - 2003 Annual Conference" at Sacramento on September 7 through 10, 2003, with an expense allowance of $1,286.75. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the Director of Environmental Health Lewis Pozzebon to attend the aforementioned conference with an expense allowance of $1,286.75. Motion carried. Communication from Bruce Olson, Chief of Police, dated June 25, 2003, was presented, requesting authority and funds for the below listed police personnel to attend the "Uniform Crime Reporting Seminar" at Costa Mesa on July 24, 2003, with an expense allowance of $34.00 each. • Danita Robertson, Records Manager • Maria Gonzales, Records Clerk It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above -mentioned personnel to attend the aforementioned seminar with an expense allowance of $34.00 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated June 11, 2003, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held on July 2, 2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations on the Agenda for the Regular Personnel Committee Meeting held on July 2, 2003, be approved. Motion carried. Warrant Register No. 1117 covering claims and demands presented during the period of June 12, 2003 through June 25, 2003, drawn on Wells Fargo Bank totaling $465,991.76, which includes demand nos. 211138 through 211308, (inclusive), and also excluding Utilities, demands (Accounting period July 2003). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1117 be approved and payment authorized for claims and demands totaling $465,991.76. Motion carried. Page 15 of 19 Regular City Council Meeting Minutes July 2, 2003 Warrant Register No. 1117 covering claims and demands presented during the period of June 12, 2003 through June 25, 2003, drawn on Wells Fargo Bank totaling $4,829,867.27, which includes Utilities, demands nos. as listed below: (Accounting period July 2003). 211139 211145 211148 211152 211153 211154 211162 211172 211173 211175 211179 211181 211185 211190 211194 211200 211205 211212 211224 211241 211242 211253 211254 211262 211267 211274 211287 211296 211308 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1117 be approved and payment authorized for Utilities, claims and demands totaling $4,829,867.27. 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 called a short recess at 6:30 p.m. The City Council reconvened in regular session at 6:33 p.m., all members present before the recess again being present. The City Clerk advised that there was nothing to discuss on Item Nos. 1 and 2 and 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 6:35 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. 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 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code 54956.9. Page 16 of 19 Regular City Council Meeting Minutes July 2, 2003 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) 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) ; (d) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (e) 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; (f) 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. ERO1-1579 (ISO); FERC Docket No. EL01-57-000 (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 Docket Nos. RTO1-82 (SDG&E), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (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); FERC Docket No. EL03-54 (Anaheim, et al, v. 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. ELO1-37 (SRP & SMUD v. PX); (k) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (1) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; Page 17 of 19 Regular City Council Meeting Minutes July 2, 2003 (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) ; (t) Jessica Rodriguez v. Vernon; WCAB Case No. Unassigned; (u) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); 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: Three (3) potential cases. 6. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: J. RODRIGUEZ Agency Claimed Against: CITY OF VERNON It was moved by McCormick, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 6:48 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Consent Decree Resolving Claims Against Settling Municipal Defendants in the matter of The California Department of Toxic Substances Control, et al. v. Commercial Realty Projects, Inc., et al., Case No. 95-8773 MRP (MANx), which includes the City of Vernon as a defendant, be approved and that the Mayor of the City of Vernon be authorized to execute the Consent Decree for and on behalf of the City of Vernon. Motion carried. Page 18 of 19 Regular City Council Meeting Minutes July 2, 2003 It was moved by Davis, seconded by McCormick, that the City of Vernon participate in the appeal in the matter of Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633 and that the City Attorney be authorized to advise legal counsel for the cities of Vernon's participation. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Settlement Agreement between the City of Vernon and El Paso Natural Gas Corporation, in the matter of Vernon v. SoCalGas, E1 Paso Natural Gas, et al., Case No. BC 265905 be approved and the Mayor be authorized to execute the Settlement Agreement for and on behalf of the City. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney's office is authorized to initiate litigation against the Scott Company and Carter & Burgess, Inc. Motion carried. 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 6:52 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk eonis C. Malbur l� Mayor Page 19 of 19