20040128 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR
CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD JANUARY 28, 2004,`
AT 5:00 R.M. IN THE COUNCIL CHAMBERS
OF THE CITY BALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT:, Malburg., Ybarra, Davis, McCormick
MEMBERS ABSENT: Gonzales
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 January 7,
2004, be approved and adopted as submitted- Motion carried.
Communication from Councilman Hilario Gonzales, dated
January 6, 2004, was presented, requesting to be excused from -
the City Council Meeting on January 28, 2004
The City Clerk announced that now was the time to
recognize the following teachers and students from the Vernon
Elementary School for their encouragement and participation in
the City of Vernon "Used Oil Recycling Calendar Contest":
Acknowledgement for Cooperation and Support; Mrs. Alameda -
Higgins, Principal
Acknowledgement for Encouragement,: Mrs. Santa Cruz
Mr. Yamaguchi-
Students Receiving Trophies and Gift Certificates;
Sarahi ,Chavez Jasmin Montufar
Cosme Elizalde Eliza Morales
Erick Estrada Kevin Munoz
Verenice Hernandez David Arzac
Anthony Macias Anthony Casillas
James Madera Alejandro Barraza
Business Providing Gold, Silver, and Bronze Sponsorship:
Gold Sponsor:
Baker Commodities - Jim Andreoli, Sr.
Salver Sponsors;
Innovative Waste Control, Inc_ - Harold Arsenian
Owens -Brockway Glass Container - Crystal.Hunt
Exxon -Mobil Corporation - Kit Malone
U.S. Fertilizer Tom Wyrick
Bronze Sponsors:
P & O'Cold Logistics - William Duffy
Exide Technologies - Tony Saldana
Lubricating Specialties
The Alpert Group
Square H Brands, Inc
Vernon Chamber of Commerce-
Adjourned Regular City Council Meeting Minutes
January 28, 2004
The City Clerk advisedthatnow was the time to
present the Police Department's Merit Award Bar to Police
Officer Kent Stevenson for his outstanding performance in his
investigative efforts and technical skills in recovering a
stolen vehicle,
Lieutenant Towles addressed the City Council and
briefly explained to them the circumstances regarding this
award,
The Mayor presented to .Police officer Stevenson the
Merit Award Bar,
RESOLUTION NO. 8344 - A Resolution of the City Council
of the City of Vernon Commending Ronald L. Anderson for His: Many
Years of Service to the City of Vernon, was read by the City
Clerk in its entirety and presented by the Mayor to Mr. Ronald
Anderson.
It was moved by Ybarra, seconded by Davis, that that
Resolution.No. 8344 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 14, 2004, was presented,
advising that the below listed employees qualified in the month
of December 2003 for a Perfect Attendance Award. This is
awarded to employee's on the basis of a minimum of two (2)' yearn
of perfect attendance;
12/02/01, Stephanie Johnson Records Clerk 2
12/03/01 Frank;Quinones Firefighter 2
04/O1/84 Sergio Rodriguez Resource Scheduler 2
03/16/92 Brian Montoya Lead Meter Reader 6
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 heads
12/10/01 Gina Trujillo Dispatcher 2
1-2/04/00 Gustavo Herrera Police Officer 3,
12/04/00 Nicholas Perez Police Officer 3
01/25/99 Maria Garcia Police Officer 4
10/29/50 Yin Lan Wang Accountant 5
12/01/97 Daniel Garcia Bulk Power Manager 6
09/18/89 Dean Richens Fire Engineer '6
01/07/91 Todd Schoenig Fire Engineer 6
03/31/96. Jason Weathers Utilityman IV 6
12/11/94 Carlos Gudino Utilityman IV 9
02/26/90 Michael Rogers Fire Engineer 9
01/07/91 Jeffrey James Fire Engineer 10
06/26/89 Rory Moore Administrative Captain 10
06/02/80 James Wohlt Lieutenant 10'
02/26/90 Steven Coster Fire Engineer 12
Page 2 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 13, 2'0Q4,'was presented,
advising that the Director of Light.& Power Kenneth DeDario has
selected Efrain Sandoval, Associate Resource Scheduler, to
receive the Light & Power Department 2003 SPIRITS Level 'I Award
on his Superior Performance during the past year.
It was moved by McCormick, seconded by Ybarra,; that
the aforementioned communication from the City
Administrator/City Clerk, dated January 13, 2004, be received
and filed. Motion carried.
Police Department Activity Log for the period
January 1 through 15, 2004, was presented.
It was moved by Davis, seconded by"McCormick, that the
Police Department Activity Log for the period January 1 through
15, 2004, be received and filed. Motion carried..
Fire Department Activity Report for the period
January 1 through 15, 2004, was presented.
It was,-movedby Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period January l through
15, 2004, be received and filed. Motion carried.
Risk Management Report for the month of December 2003,
was presented.
It was moved by McCormick, seconded'by Davis, that the
Risk Management Report for the month of December 2003, be
received and filed. Motion carried,'
Health Department Report for the month of December
2003, was presented.
It was moved by Ybarra, seconded by Davis, that the
Health Department Report for the month of December 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;
The Chief of Police addressed the City Council and
asked if the department could present information on their new
Police Officer.
Lieutenant Towles introduced Police Officer Villegas
as the newest officer in their departments,:,
There was no one else in the audience who wished to
address the Council.
Page 3 of 25
Adjourned Regular City Council Meeting Minutes
January 28,; 2004
The City Clerk advised that it was time to open the
public hearing to consider a request for a variance from Owens -
Brockway Glass Container, Inc., from Section 26.4.2-6, the
parking and loading requirements, of the Comprehensive Zoning
Ordinance:
It was moved by Xbarra, seconded by Davis, to open the
public hearing the time being 5:30 p.m. Motion carried.
Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this,
matter and his staff report
Communication from Kevin Wilson, Director of Community
Services and Water,'dated January,21, 2004, was presented,
advising that the City Council approved an amendment for Owens -
Brockway automobile parking variance on June 4, 2003,_ which
required them to record a covenant restricting the use of
Building A on -its site and record a lot line adjustment by
December 311 2003. Condition "j" of the variance stated that if
the lot line adjustment was not completed by December 31, 2003
the variance would become void. Owens -Brockway was not able to
adjust the lot line by December 31, 2003 and therefore the
variance was automatically voided. Owens -Brockway continues to
want to sell off a 2.52-acre of its property. In order to
accommodate this transaction a lotline adjustment and parking
variance must be approved. Therefore, they have requested a new
variance:
.Submitted herewith are the following supporting documents:
1> Staff Report dated January 19, 2004
2, Request for variance application permit and
information supporting -the applications.
3, NoticeofPublic Hearing,, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing.
The project is categorically exempt from CEQA because it is an
existing facility as described in Section 15301 and a:Notice of
Exemption will be prepared.
It is hereby recommended that that the 'variance application
permit be granted subject to the following conditions,;
a) The facility shall be operated in accordance with all
current codes, rules, regulations, and subject to
permit fees as adopted by the City of Vernon not
otherwise addressed by this grant of a variance.
b)- The applicant shall maintain the yard clean, free of
debris, and prevent the off -site migration of debris,
c) The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other
nuisances,
Page 4 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
d) This variance shall automatically expire at the time
of any expansion, or structural alteration of any
building on the Property (for purposes of these
conditions, the "Property" means that portion of the
real property located at 2923 Fruitland Avenue that
remains intact after the lot 'line adjustment and sale,
of the subject property),, or upon change of ownership,
or if the covenant and agreement.restricting the use
of Building A2 is breached or terminated, whichever
occurs first, at which time the use of the parking,
access or loading area(s) allowed by this variance
shall be discontinued unless brought into compliance
with all applicable standards for parking, access and
loading areas set forth in the Comprehensive Zoning
ordinance: -
e) Upon any change in.use, occupancy, or ownership of all
or a portion of the,property, the entire property
shall be made to conform to all truck and automobile
parking requirements and all truck loading
requirements, unless a new variance is requested and
granted by the City Council.
f) All parking and loading areas necessary for Owens
Brockway operations shall be striped in an acceptable
manner to the Director, of Community Services & Water
and shall be paved with a hard durable surface
material and shall be adequately drained, and kept
free of dust, mud, trash and weeds. Where parking or
maneuvering areas adjoin the public street, -a barrier
wall or landscaping shall be maintained to meet City
standards. Adequate on -site parking shall,be
maintained so that off-street parking will not occur.
g) The project site shall be maintained substantially in
compliance with the site plan submitted,, as part of
this variance application.
h) All existing and future tenants shall be notified of
these restrictions on the Property and a condition
stating this shall be placed in all future leases.
i) The second floor of Building A, shown as Building A2,
on the site map shall remain unoccupied by people with
the exception of a conveyor line. No warehousing or
manufacturing areas shall be maintained in this area.
Owens -Brockway must execute a covenant and agreement
that is satisfactory to the City, that will be
recorded with the Los Angeles County Recorders Office,
indicating the restriction of the uae of Building A2
on or before March 28, 2004 Failure to execute and
record a covenant and agreement restricting the use of
the property will void the variance.=
j) This variance shall become void if the lot line
adjustment described in this variance document is not
approved by the City Council by March 28, 200.4.
Page 5 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
k) Noncompliance with any of the conditions herein shall
constitute sufficient ,grounds for the City Council of
the City of 'Vernon to void this variance and require
Owens -Brockway to comply with the automobile parking
requirements of the Comprehensive Zoning Ordinance.,
The Mayor asked if anyone in the audience had any
questions regarding this matter.
There was no one wishing to make any comments:
It was moved by McCormick, seconded by Davis, to close
the public hearing to consider a request for ;a variance from
Owens Brockway Glass Container, Inc., from Section 26.4.2-6, the
parking and loading requirements, of the Comprehensive Zoning
Ordinance, the time being 5:35 p.m. Motion carried.
It was moved by Ybarra; seconded by Davis, that the
aforementioned communication'from the Director of Community
Services and Water, dated January 21, 2004, and any and all
supporting documents submitted as evidence during the public
hearing be received and filed; and, his recommendation be
approved. Motion carried:
RESOLUTION NO. 8359 - A- Resolution -of the City Council
of the City of Vernon Granting a Variance Amendment to Owens -
Brockway Glass Container, Inc. from Section 26.4.2-6 of the
Comprehensive Zoning Ordinance, for the Property Located at 2923
Fruitland Avenue in the City of Vernon, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8359 be approved and adopted: Motion carried.
The City Clerk advised that it was time to open the
public hearing to consider a request for a Conditional Use
Permit from PWP Industries located at 2080 49th"Street, to allow
the applicant to operate an accessory warehouse in excess of
50,000 square feet in area.
It was moved by Davis, seconded by McCormick, to open
the public hearing the time being 536 p.m. Motion carried.
Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter and his staff report:
Communication from Kevin Wilson, Director of Community
Services and Water, dated January 21, 2004, was presented
advising that PWP Industries has submitted an application for a
conditional use permit. They are proposing to operate an
accessory warehouse in excess of morethan50,000 square feet in
the building located at 2080 49th Street in the City of Vernon.
Submitted herewith are.the following supporting documents;
1. Staff Report dated January 19, 2004;
2. Requestforconditional use permit,and information
supporting the application.
Page 6 of 25
Adjourned Regular City Council Meeting Minutes
January 28,, 2004
.3. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing.
The project is categorically exempt from CEQA because it is an
existing facility as described in Section 15<301 and a Notice of
Exemption will be prepared.. In my opinion the, proposed operation
will pose no adverse effects to the City of Vernon and will have
no significant effects on the environment. The project is
consistent with the General Plan as Adopted by the City of
Vernon.
It is hereby recommended that the City Council determiner
1..That the project is consistent with the General Plan
as adopted by the City of Vernon:
2. That the project will not have. a significant effect on
the environment.
3„ That the project will not individually or cumulatively
have an adverse effect on wildlife resources.
it is 'further recommended that the conditional use permit be
granted subject -to the following conditions:
a. The facility shall be operated in accordance with, and
made to conform with all current codes, rules,
regulations,, and subject,to permit fees as adopted by
the City of Vernon.
b. All required federal, state, local, and regulatory
agency permits shall be obtained prior to operation.
Prior to occupancy a business license and occupancy
permit shall be obtained.
c. All parking and loading facilities shall be paved with
a hard durable surface material and shall be
adequately drained, and kept free of dust, mud, trash,
and weeds. Where parking or maneuvering areas adjoin
the public street a barrier wall 'or landscaping shall
be installed and maintained to meet City standards.
Adequate on -site parking shall be maintained so that
no on -street parking will occur.
d. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or. 'ether
nuisances. The property shall be provided with
adequate refuse containers and refuse disposal
services.
e. PWP shall structurally maintain 2080 49th Street to'
exclude rodents and the property shall be maintained
rodent.free
f Servicing of vehicles including washing, steam
cleaning and repairing, is not permitted and can only
be performed in facilities in compliance with
appropriate codes
g. No equipment or -freight shall be stored on the site
other than in buildings, trailers, or on the docks (no
outside storage),
Page 7 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
A Storm Water Pollution Prevention Plan (`SWPPP) shall
be obtained/filed from the Regional Water Quality
Control, Board, if required.
Adequate plans and materials must be available for
handling leaks or spills from vehicles during storage,
loading or transportation.
If required a hazardous materials permit shall be
obtained from the City of Vernon Environmental Health
Department if hazardous materials/waste are used,
handled, or stored. Hazardous materials/waste shall
be handled and managed in compliance with all
appropriate federal, state and local laws.
The facility shall be operated in a manner that will
not impede traffic on 49th Street and Alameda Street.
All required frontage improvements shall -be
constructed and all existing cracked sidewalk, curb,
and gutter adjacent to the site on 491,h Street shall be
repaired and maintained to meet City Standards.
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.
Upon any expansion or structural alteration of the
building, or the advent of August 19, 2009, whichever
occurs first, the entire site shall be made to conform
to all truck and automobile parking requirements and
all truck loading requirements, pursuant to section
26.4.E-4(b) of the Comprehensive Zoning Ordinance,
unless a variance is granted by the Vernon City
Council;
The Mayor asked if anyone in the audience had any
questions to address the City Council..
A representative on behalf of PWP addressed the City
Council and said he hoped that the Conditional Use Permit would
be approved because PWP would like very much to stay in the City
of Vernon.
The Mayor asked if there was anyone else who wished to
address the City Council and no one in the audience wished to do
so.
There was no one else in the audience who wished to
address the City Council.
It was moved by Ybarra, seconded by McCormick, to
close the public hearing to consider a request for a Conditional
Use Permit from PWP Industries located at 2080 49th Street, to
allow the applicant to operate an accessory warehouse in excess
of 50,000 square feet in area, the time being 5:40 p.m. 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.
Page 8 of 25
Adjourned Regular City Council Meeting Minutes
January 28, '2004
It was moved by Ybarra, seconded by McCormick, that
the City Council determine that the project will not have a
significant effect on the environment.Motion carried.
It was moved by Davis, seconded by McCormick, 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 Ybarra, that.
the aforementioned communication from the Director of Community
Services and Water, dated January_21, 2004, and any and all
supporting documents submitted as evidence during the public
hearing be received and filed and his recommendation approved.
Motion carried.
RESOLUTION NO. 8360 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit to PWP
Industries for the Operation of an Accessory Warehouse at 2080
49th Street, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8360 be approved 'and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, 'City
Administrator/City Clerk, dated January 15, 2004, was presented,
advising that on December 16 2003, the Finance Committee
recommended approval of Amendment No. One to the Contract with
Network Presence, LLC, for firewall services.
This has been reviewed by the Acting City Attorney and it is
hereby recommended that the following resolution be approved.
It was 'moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated January 15, 2004, be received and filed and .his.
recommendation approved. Motion carried.
RESOLUTION NO. 8350 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the execution of
an Amendment No. One to Equipment Purchase and Professional
Services Contract By and Between the City of Vernon and Network
Presence, LLC, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8350 be approved and adopted. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated January 12, 2004, was presented,
advising that the inspection report of the City of Vernon Jail
performed December 9, 2063, indicates that the facility complies
with the standards and requirements prescribed by the Board of
Corrections regarding sanitary conditions.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Environmental
Health; dated January 12, 2004, be received and filed. Motion
carried.
Page 9 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
Communication from Bruce V, Malkenhorst, City
Administrator/City Clerk, dated January 14, 2004, was presented,
advising that in accordance with Resolution No. 8310, the
following bid for the purchase of Padmount Switches was received
and opened on December 23, 2003:
S&C Electric Company c/o Southwest Power $16,015.00'
This has been reviewed by the Light & Power Department and the
Purchasing Section and it is hereby recommended that Bid No. 1433
be awarded to S & C Electric Company c/o Southwest Power.at the
cost of $16,015.00.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated January 14, 20041 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8349 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of S & C Electric
Company (c/o Southwest Power) on Bid No. 1433 for the Purchase
of Padmount Distribution Switches for the Light and Power
Department and Authorizing the Issuance of a Purchase Order
Respecting Said Bid, was presented.
I,t was moved by McCormick, seconded by Davis, that
Resolution No, 8349 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Se-rvices and Water, dated January 12, 2004, was presented,
transmitting a fully executed Grant Deed from Berdan Holdings,
LLC for property located on the northeast corner of Soto Street
and Bandini Boulevard in the City of Vernon. The property will
be used for street purposes..
It is hereby recommended that the Grant Deed and certificated of
acceptance be approved and the Mayor and City Clerk be
authorized to sign.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the Director of Community
Services and Water, dated January 12, 2004 be received and filed
and the Grant Deed and Certificate of Acceptance approved.
Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated January 12, 2004, was presented,
transmitting a fully executed Easement Deed from •Berdan
Holdings, LLC for property located on the northeast corner of
Soto Street and Bandini Boulevard. The property will be used
for the installation, use, and maintenance of a City of Vernon
storm drain.
It is hereby recommended that the''Easement Deed be approved and
the Mayor and City Clerk be authorized to sign.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the 'Director of Community
Services and Water, dated January 12,'2004 be received and filed
and the Easement Deed approved. Motion carried..
Page 10 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
Communication -from Kevin Wilson, Director of Community
Services and Water, dated January 19, 2004, was pre ented,
advising that the bids for Contract Nod, 568, Civic Center Yard
Improvements, were received and opened on January 14, 2004, and
thereafter submitted to the Community Services and; 'Water
Department for review:
EC Construction Company$377,100..34
Sully -Miller Contracting Company $407,622.40-
Spiess Construction Co., Inc. $423,330.26
S.H.E. Construction Group, Inc. $451,672.47
E.G.N. Construction, Inc. $474,157.05
Amtek Construction $476,000.00
S'ialic Contractors Corporation
DBA Shawnan $484,446.05
TMT Development Company, Inc.
DBA TK Engineering Co. ' $487,645.30
PALP Inc., DBA ,Excel Paving 'Company $567,231.20
United Contractors Company, Inc. $823,301.00
It is hereby recommended that Contract 568'be awarded to EC
Construction Company,. the lowest bidder, in the amount of
$377,100.34
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the Director of Community'
Services and Water, dated January 19, 2004 be received and filed
and his recommendations approved. Motion carried.
RESOLUTION NO. 8361 — A, Resolution of the City Council
of the City of Vernon Accepting the Bid of EC Construction
Company for the Civic Center Yard Improvements in Accordance
with Contract No. 568 of the City of Vernon and Approving the
Execution of Said Contract, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8361 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated January 21, 2004, was presented,
advising that a bid for Contract No. 572, City Housing Roof
Replacements Project, was received and opened on,January'7,
2004, from.Best Roofing and Waterproofing, Inc.,, in the amount
of '$99, 555: 00..
This has been reviewed by the Community Services and Water
Department and it is hereby recommended that Contract 572 be
awarded to Best Roofing And Waterproofing, Inc., in the amount
of $99,555.00.
It was moved by McCormick, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated January 21, 2004 be received and filed
and his recommendations approved. Motion carried.
RESOLUTION NO. .8362.- A Resolution of the City Council of
the City of Vernon Accepting the Bid of Best Roofing ,and
Waterproofing, Inc. for the City Housing Roof Replacements in
Accordance with Contract No. 572 of the City of Vernon and -
Approving the Execution of Said Contract, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8362 be approved and adopted. Motion carried.
Page 11 of 25`
.Adjourned Regular City Council Meeting Minutes
January 28, 2004
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 22, 2004, was presented,
advising that Sweetener Products, Co., has requested a variance
for the properties located at 2305 and 2369 38th Street from the
2001 California Building Code, Table No. 5-A. Sweetener
Products, Co., is, proposing to construct two openings on the
property line wall between the buildings to have direct access
for communication and movement of.their product. Transmitted
herewith is a Staff Report, dated January 21, 2004, 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 hereby recommended that
the variance be granted with the following conditions.
1. A three-hour fire rated door assembly shall be
providedat the opening in the property Line wall and
the,doors shall have fusible links on both sides.
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 Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated January 22, 2004 be received and filed and his
recommendations approved. Motion carried.
Communication from Bruce, V. Malkenhorst, City
Administrator/City Clerk, dated January 22, 2004, was presented,
advising that Owens -Brockway Glass Container Inc. owns four
parcels located at the southeast corner of Soto Street and 5,oth
Street. Owens is requesting for an adjustment of the boundary
lines between parcels and 2, which will create two new
parcels.
It is hereby recommended to approve the lot line adjustment
requested by Owens -Brockway Glass Container I'nc,
It was moved by McCormick, seconded by Ybarra,.that
the aforementioned communication from the City
Administrator/City Clerk, dated January 22, 2004 be received and
filed and his recommendations approved. Motion carried.
RESOLUTION NO. 8363 A.Resolution of the City Council
of the City of Vernon Approving a Lot Line Adjustment Requested
by Owens -Brockway Glass ,Container, Inc, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 8363 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 22, 2004, was presented,
advising that federal funds were allocated for the investigation
of the Atlantic Boulevard Bridge over the Los Angeles River.
The Community Services and Water Department sought proposals for
this study, which where received and reviewed by staff and the
Caltrans Bridge Engineer. The interviewing panel has
recommended that the study be provided by W. Koo and Associates
Page 12 of 25'
Adjourned Regular City Council Meeting Minutes
January 28, 2004
Structural Engineers at a total amount of $285,521.`00. This
cost will be reimbursed from allocated funds from the U.S. House
of Representatives and the Community Services Street System
Operations 2003-2004 budget.
This has been reviewed by the Acting City Attorney and it is
hereby recommended that the execution of a Professional
Consulting Services Agreement with Koo and Associates
Structural Engineers, Inc.., be approved.
It was moved by'Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated January 22, 2004 be received and filed and his
recommendations approved. Motion carried.
RESOLUTION NO. 8343 - 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 W. Koo & Associates Structural Engineers,
Inc, was presented.
It was moved by McCormick, seconded by'Ybarra, that
Resolution No. 8343 be approved and adopted. Motion carried.
i
The City Clerk asked that the following communication
dated January 6, 2004, and Resolution No. 8353 be deferred to
the next City Council Meeting..
Communication from Bruce-V Malkenhorst, City
Administrator/City Clerk, dated January 22, 2004, advising that
on January 6, 2004, the Finance Committee recommended that a
contract with 'Fi°sher Scientific Company, LLC be prepared for the
purchase of personal protective equipment for the Fire.
Department.
The contract has been prepared and reviewed by the Acting City
Attorney and it is hereby recommended that the following
resolution be approved,
RESOLUTION NO,: 8353E- 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 Fisher Scientific Company LLC for Personal Protective
Equipment for the Fire Department:
It was moved Ybarra, seconded by Davis, that the
aforementioned communication and resolution be deferred to the
next council meeting. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 22, 2004, was presented,
advising that on January 6, 2004,,the Finance Committee
recommended that a contract with Diamondback Fire & Rescue,
Inc., be prepared for the purchaseof thermal imaging Camera
Systems for the Fire Department.:
The contract has been prepared and reviewed by the Acting City
Attorney and it is hereby recommended that the following,
resolution be approved.
Page 13 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City
Administrator/City Clerk, dated January 22, 2004 be received and
filed and his recommendations approved. Motion carried.
RESOLUTION NO. 8352 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 Diamondback Fire & Rescue, Inc. for Thermal Imaging Camera
Systems for the Fire Department, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8352 be approved and adopted.. Motion tarried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 22, 2004, was presented,
advising that on January 6, 2004,_the Finance Committee
recommended that a contract with Bauer Compressors be prepared
for the purchase of 'personal protective equipment for the Fire
Department.
The contract has been prepared and reviewed by the Acting City
Attorney andit is hereby recommended that the following
resolution'be approved.
It was moved by McCormick, seconded by 'Davis, that the
aforementioned communication from the City Administrator/City
C1erk,.dated January 22, 2004 be received and filed and his
recommendations approved. Motion carried.
RESOLUTION NO. 8351 - 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 Bauer Compressors, Inc. for Personal Protective Equipment
for the Fire Department, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No, 8351 be approved and adopted. Motion carried.
Communication from Bruce-V. Malkenhorst,, City
Administrator/City Clerk, dated January.22, 2004, was presented;
advising that it is necessary to lease the property at 2670
Leonis Boulevard to provide employees with adequate and safe
parking during the construction of the Malburg Generating
Station at a monthly rate of $8,850.00. Upon execution of such
lease the total amount of '$10,620,00 is.due
It is hereby recommended that a 15-month Lease Agreement with
Charles D. Perry Ill be prepared and executed for the period of,
January 26, 2004 through April 25, 2005'at the'stated monthly
rate.
It was moved by Davis, seconded by McCormick, that the.
aforementioned communication from the City Administrator/City
Clerk, dated January 22, 2004be received and filed and his
recommendations approved. Motion carried.
Page 14 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
RESOLUTION NO.. 8347 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the; ;Execution of
a Lease Agreement By and Between the City of Vernon and Charles
D. Perry II'I for the Malburg"Generating Station Project was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8347 be approved and adopted. Motion carried.
.Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 22, 20!04, certifying
that, pursuant to the Vernon City Code Section 2.90 and Section
10229 of the Elections 'Code of the State of California relating
to the General Municipal Election to be held on Tuesday, April
13, 2004:
At the close of the nomination period on
January 19, 2004, there are not more
candidate's than offices to be elected,
The persons so nominated are::
Hilario Gonzales
William J. Davis
Vernon City Code Section 2.90 and Section 10229 of the Elections
Code allows one of the following courses of action to be taken
by the City Council;
1. Appoint to the office the person who has been
nominated.
2. Appoint to the office any eligible voter if no one
has been nominated
3. Hold the election if either no one or only one
person has been nominated-
A notice of these facts will be published on January 28, 2004,
in.,a newspaper of general circulation nearest to the City
pursuant to Section 6061 of the Government Code.:: After 'the
fifth day following the date of publication, the City Council
will meet again to either make the appointments or direct an
election to be held. The persons appointed, if any, shall
qualify and take office and serve exactly as if elected at a
municipal election for the office. According to the Vernon City
Code 'Section 2.90, if, by the 50th`day before the municipal.
election„ no person has been appointed to the offices pursuant
to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Vernon City
Code Section 2.90 and Section 10229 of the Election Code, the
City Clerk shall not accept for filing any statement of write-in
candidacy, which is submitted after the appointment is made,
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City
Administrator/City Clerk, dated January 22, 2004 be received and
`filed and his,recommendations approved. Motion carried.
Page 15 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
ORDINANCE NO. 1098 - An Ordinance of. the City Council
of the City of Vernon Establishing a Date for the Installation
of Newly Elected Officers and Declaring that Said Ordinance
Shall Take Effect. Immediately, was read by title by the City
Clerk for a first and final- reading.
I,t was moved by Ybarra, seconded by Davis, that
Ordinance No. 1098"be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Davis, McCormick
Noes: None
Absent: Gonzales
Communication from Bruce Olson„ Chief of Police, dated
December 12, 2003, was presented, requesting authority and funds
for Sergeant Jerry Winegar to attend the "Internal Affairs
Seminar" at Newport Beach on. February 23 through 25, 2004, with
an expense -allowance of $664.60, of which POST will reimburse
$655.84,.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for Sergeant Jerry Winegar to,
attend the aforementioned seminar with an expense allowance of
$664.60. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
December 23, 2003, was presented, requesting authority and funds
for the below listed Police Officers to attend the "Driving
Under the Influence Seminar" at Laguna Hills on March 1. through
4, 2004, with an expense allowance of $'1, 006.20, of which POST
will reimburse $904.44 each.
• Gustavo Martinez
• Rodolfo Montano
It was moved by Davis, seconded by McCormick, that
authority and funds be approved for the above the Listed Police
Officers to attend the aforementioned seminar with an expense
allowance of $1,006.20 each.. Motion carried.
Communication from Bruce Olson, Chief of Police;, dated
December 30, 2003, was presented, requesting authority and funds
for the below listed Vernon Service Officers to attend the
"Corrections Officers < Core Course" at Orange on February 23
through March 26, 2004, with an expense allowance of $855.00
each.
• Barry Miller
• Jose Reyna
It was moved by Ybarra, seconded by'Davis, that
author-ity and funds be approved for above the listed Vernon
service Officers to attend the aforementioned course with an
expense allowance of $855.00 each. Motion carried
Communication from Steven Parker, Fire Chief, dated
January 6, 2004, was presented,.requesting authority and 'funds
for the below listed fire personnel to attend the "Firehouse
World Exposition and Conference" at San Diego on February 1
through 3, 2004, with an expense allowance of $729.84 and
$854.84, respectively.
Page 16 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
• Steve-Ruffoni, Fire Captain
• Todd Schoenig, Fire Engineer
It was moved by McCormick, seconded by Ybarra, that
authority and funds be approved for the above. listed fire
personnel to attend the aforementioned conference with an
expense allowance of $729,84'and $854.84, respectively, Motion
carried.
Communication from Steven Parker, Fire Chief, dated
January 6, 2004, was presented, requesting authority and funds
for Fire Engineer Bryan Dome to attend the "Firehouse World
Exposition & Conference" at San Diego: on February l through 4,
2004, with an expense allowance of $1,009.76<,
It was moved by Davis; seconded by Ybarra, that
authority and funds be approved for Fire Engineer Bryan Dome to
attend the aforementioned conference with an expense allowance
of $1,009,76, Motion carried.
Communication from Bruce Olson, Chief of Police, dated
December 30, 2003, was presented, requesting authority and funds
for Sergeant Michael Alway to attend the "Chemical Agent
Instructor Class" at Carlsbad on March 8 through 12, 2004, with,
an expense allowance of $1,028.20, of which POST will reimburse
$541.24.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for Sergeant Michael Alway to
attend the aforementioned class with an expense allowance of
$541.24. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
December 30, 2003, was presented, requesting authority and funds
for the below listed Sergeants to attend the "Officer -Involved
Shootings: Supervisor Responsibility Course" at Temecula on
February 26 and 27, 2004, with an expense allowance .of $491,52,
of which POST will reimburse $479.64 each.,
• Fernando Rodriguez
• Robert Sousa
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for the above listed Sergeants
to attend the aforementioned course with an expense allowance of
$479,64 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
December 12, 2003, was presented, requesting authority and funds
for the below listed police personnel to attend the "Public
Records Act Seminar" at Costa Mesa on March 4 and 5 2004, with
an expense allowance of $356,72, of which POST will reimburse
and the City will:., pay no cost.
• Danita Robertson, Records Manager
• Elizabeth Sawickis, Assistant Records Manager
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned course with an expense
allowance of $356.72 each. Motion carried.
Page 17 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 6, 2004, was presented,
requesting=authority and funds for the below listed personnel to
attend the "Indispensable Assistant Seminar" at Torrance on
March 18, 2004, with an expense allowance of $330.60 for both..
• Karina Rueda, Utility Clerk
• Michelle Tolmasoff, Personnel Clerk
It was moved by Davis, seconded by McCormick, that
authority and funds be approved for the abovelisted personnel
to attend the aforementioned course with an expense allowance of
$330.60 for both. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January 6, 2004,.was presented,
requesting authority and funds for Secretary Cindy Calzada to
attend the "Indispensable Assistant Seminar at Irvine on March
17, 2004, with an expense allowance of $191.46,.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Secretary Cindy Calzada to
attend the aforementioned seminar with an expense allowance of
$191.40.1 Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated ,January 7, 2004,,was presented,
requesting authority and funds for office Manager Martha
Valenzuela to attend the "California Society of Municipal
Finance Officers Conference" at Long Beach on February 28
through March 2, 2004,,with an expense allowance of $651.b0.
It was moved by Davis, seconded by McCormick, that
authority and funds be approved for Office Manager 'Martha
Valenzuela to attend the aforementioned conference with an
expense allowance of $651.60,. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated January 12,, 2004, was presented,
requesting authority and funds for Chief Deputy Director of
Environmental Health Dan Downing to attend the "6th Annual
California Unified Program Training Conference" at Santa Clara
- on February 2 through 5, 2004, with an expense allowance of
$875.40.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Chief Deputy Director of
Environmental Health Dan Downing to attend the aforementioned
conference with an expense allowance of $875-.40. Motion
carried.
Communication from Steven Parker, Fire Chief,.dated
January 13, 2004, was presented, requesting authority and funds
for the below listed Firefighters to attend the "Hazmat
Technician Modules 1C & 1D training" at Santa Fe Springs on
February 9 through 20, 2004, with an expense allowance of
$750,,00 each.
• Fabian Reyes
• Anthony Rotell
• Chris Shields
Page 18 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
It was moved by McCormick, seconded by Ybarra, that
authority and funds be approved for the above listed
Firefighters to attend the aforementioned training withan
expense allowance of'$75'0.0'0 each. Motion carried.
Communication from Steven Parker, Fire Chief, dated
January 13, 2004, was presented, requesting authority and funds
for the below listed fire personnel to attend the "Confined
Spaced Rescue Operational Training" at Anaheim on February 2
through 6 2004, with an expense allowance of $375.00 each.
• William Foltz, Fire Engineer
• Timothy Behen, Firefighter
• Brian Brown, Firefighter
It was moved, by Davis, seconded by Ybarra, that
authority and funds be approved for the above listed fire
personnel to attend the aforementioned training with an expense
allowance of $375.00 each. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and 'Water, dated January 21, 2004, was presented;,
requesting authority and funds for Deputy Director of Community
Services and Water Sherwood Natsuhara to attend the "2004 Public
Works Officers Institute Conference" at Santa Barbara on March 3
through 5, 2004, with an expense allowance of $886.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the Deputy Director of
Community Services and Water Sherwood Natsuhara to attend the
aforementioned conference with an expense allowanceof $886.00.,
Motion carried.
Communication from Bruce V. Malkenhorst,, City
Administrator/City Clerk, dated January 22, 2004, was presented,
requesting authority and funds for theAssistantto the Chief
Deputy'City Clerk Manuela Giron to attend the "Technical Track
for Clerks -Series 100 Course" at Riverside on March 16 through
19, 2004, with an expense allowance of $937'.40.:
It was moved by Davis, seconded by McCormick, that
-authority and funds be approved for the Assistant to the Chief
Deputy City Clerk Manuela Giron to attend the aforementioned
course with an expense allowance of $937.40, Motion carried.
Communication from 'Bruce V. Malkenhorst, Director of
Finance, dated January 22, 2004, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting to be
held on January 27, 2004, for approval of the.recommendations
contained therein.
It was moved by Ybarra, seconded by Davis, that the
recommendations on the Agenda for the Adjourned Regular Finance
Committee Meeting held on January 27, 2004, be approved with the
exemption of the communication regarding the salary resolution,
which was deferred to the next Finance Committee Meeting and the
removal of the communication regarding Marelich. Motion
carried. .
Page 19 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
RESOLUTION NO. 8345 - A Resolution of the City Council
of the City -of Vernon Authorizing the Issuance- of Request for
Proposal From Qualified Vendors for Electronic and Optical
Equipment for Optical Transport/Internet Operation Systems, was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8345 be approved and adopted. Motion carried,
RESOLUTION NO. 8346 - a Resolution of the City Council
of the City of Vernon'Amending Section 25(c) (2) of Resolution
No. 8228 which Fixed the Compensation for Certain Employees of
Said City and Authorized Certain Expense Allowances, was
presented.
It was moved by Ybarra; seconded by McCormick, that
Resolution No. 8346 be approved and adopted Motion carried.
RESOLUTION NO. 8348 - A Resolution of the City Council -
of the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of One 2004 Chevrolet
Tahoe LS for the Police Department, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No, 83`48 be approved and adopted. Motion carried.
RESOLUTION NO. 8354 - A Resolution of the City Council
of the City of Vernon Approving :and Authorizing the Execution of
an Equipment Purchase and Professional Services Contract By and
Between the City of Vernon and Palsons Electrical Engineering
Services„ Inc. for the Malburg Generating Station Project, was
presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8354 be approved and adopted. Motion carried.
The City Clerk advised the Council that Resolution No.
8355 should be deferred,
RESOLUTION NO,. 8355 - A Resolution of the City Council
of the City of Vernon Approving -and Authorizing the Execution of
an Equipment Purchase and Professional Services Contract By and
Between the City of Vernon and Hampton Tedder' Electric Co., Inc;,
for the Malburg Generating Station Project:
It was moved Ybarra, seconded by Davis, that the
aforementioned resolution be deferred to the next council
meeting. Motion carried,
RESOLUTION NO. 8356 - 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 Instrument Transformer Equipment Corporation for the Malburg
Generating Station Project, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No; 8356 be approved ;and adopted,- Motion carried.,
Page 20 of 25'
Adjourned Regular City Council Meeting Minutes
January 28, 2004
RESOLUTION NO. 8357 - 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 Storage Battery Systems, Inc, for the Malburg Generating
S'tation'Project, was presented.
It was moved by McCormick, seconded by Ybarra, that
_Resolution No. 8357 be approved and adopted. Motion carried.
RESOLUTION NO;. 8358 - 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 Southern States, Inc. for the Malburg Generating Station;
Project, was presented.
It was moved by Davits, seconded by McCormick, that
Resolution No. 8358 be approved and adopted. Motion carried.
Communication from Bruce'V. Malkenhorst, Director of
Personnel, dated January 22-, 2004,, was presented, transmitting
the Agenda for the Adjourned Regular Personnel Committee Meeting
to be 'held on January 27, 2004, for approval of the
recommendations contained therein.
It was 'moved by Ybarra, seconded by McCormick, that
the recommendations on the Agenda for the Adjourned Regular
Personnel Committee Meeting to be held on January 27, 2004, be
approved with the exemption of the three communications
regarding the personnel in the Information Technology Division.
Motion carried.
Warrant Register No. 1130 covering claims and demands
presented during the period of December 30, 2003 through January
21, 2004, drawn on Bank of America totaling $749,018.10, which
includes demand nos, 214147 through 214453 (.inclusive),
excluding Light & Power's demands,_ and voided demand no. 21418T.
(Accounting period January 2004),
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 1130 be approved and payment authorized for
claims and demands totaling $749,018.10. Motion carried..
Warrant gegister No 1130 covering claims and demands
presented during the period of December 30., 2003 through January
21, 2004, drawn on Bank of America, totaling $4,574,572.79, which
includes Light & Power's demand nos. as listed below:
(Accounting period January 2.004)
214148 214149 214152 214156 2.14163 214168
214169 214173 214174 214175 214176" 214179
214181 214183 214186 214188 214189 214194
214204 214205 214213 214214 214217 214225
214232 214239 214241 214242 214243 214244'
214252 214257 214259 214263 214266 214273
214276 214287'. 214288 214294 2.14298 214308
214330 214342 214343 214351 214364 214369
214388 214390 214399 214409 214417 214421
214422 214425 214430 214439 214444 214451
214452
Page 21 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 200.4
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 1130 be approved and payment authorized for
Light & Power's claims and demands totaling $4>,574,572..79.
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. 571 covering claims and
demands presented during the period of November 16,, 2003 through
December 13,-2003, drawn on 'Wells Fargo Bank totaling,
$2,01,0,232.50, which includes demand nos. 8391 through 8426
(inclusive);. (Accounting Period,: December 2003),-
It was moved by Davis, seconded by Ybarra, that
Payroll Warrant Register No, 571 be approved and payment
authorized for claims and demands totaling $2,010,232.50.
Motion carried.
The Mayor called a short recess at 6:14 p.m.
The City Council reconvened in regular session at 6:21
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,,a.
1 With respect to every item of business to be
discussed in Closed Session,pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMI'SSAL/RELEASE
b. EMPLOYEE PERFORMANCE EVALUATION
It was moved by Ybarra, seconded by Davis, that the
City Council go into closed session on Item No;. 1.a „ the, time
being 6:21 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, Acting City
Attorney, Chief Deputy City "Clerk, Director of Community
-= Services and Water, Assistant to the Chief Deputy City Clerk,
and Utilityman I
The Mayor ordered all communications to and from
closed session deemed privileged and confidential..
The Utilityman I was excused at 6:22 p.m.
The Director' of Community Services and Water was
excused at 6:25 p.m.
It was moved by Ybarra, seconded by McCormick, that the
City Council go out of closed session on Item No. 1.a,, the time
being 6:25 p.m• Motion carried.
The City Clerk advised that there was nothing to
discuss on Item No. 2.
Page 22 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
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(s)
The City Clerk advised that now was the time to go
into closed session on Item No. 3.
It was moved by Ybarra, seconded by Davis, that the
City Council go into closed session on Item No. 3, the time
being 6:26 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk', Acting City
Attorney, Chief Deputy City Clerk and the Assistant to the Chief
Deputy City Clerk.
The Mayor ordered all communications to and from .
closed session deemed privileged and confidential.
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code 54956.9:
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) FERC Docket Nos. ER97-2355, EC 96-1-9-000and ER96-1663
(Restructuring);
(b) David Venegas, et al,; v. City of Vernon, LASC No. BC
207136; t _
(c) Vernon v. Regional Water Quality Control Board; Nos;:
A-1280, A1280(a) and A-1280(b);
(d) 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;
(e) FERC Docket.No. ER00-2019-000 "(ISO) FERC Docket No.
EL00-95 (SDG&E v. Sellers of,Energy° et al.)
consolidated with FERC Docket No.'EL00-98; FERC Docket
No.. EL04-34 (Vernon TRBAA); 'FERC Docket No. EL03-54
(Anaheim, et al, v. ISO)
(f) The Burlington Northern and Santa Fe Railway Company
v. City of Vernon; USDC No, CV-00-12891 NM (AJWx);
(g) Sterling Dayi v.'City of Vernon, et al., USDC No. CV-
01-01602 DDP (AJWx);
(h) Cities of Arcadia, et al v.,The California Regional
Water Quality' Control Board, etc., et,al., LASC No BC
245633
(i) Central and West Basin Water Replenishment, District,
etc., v. Charles E. Adams, et al, LASC No.. C 786656
('j) Department of Water Resources v. ACN Energy; Inc., et
al_., Case No. 01ASO5497
(k) Aucensia Saucedo,LoJJez v. Vernon,; LASC No. 02CO0862
(H.P. District);
(1) Vernon v_ SoCalGas, El Paso Natural Gas, et al., Case
No. BC 265905;
(m) Jessica Rodriguez v. Vernon; WCAB Case No. RTV
0056007;
Page 2`3 of 25
Adjourned Regular City Council Meeting Minutes
January 28, 2004
(n) ` Enron Power Marketing Inc, v. Vernon; USBC Adversary
Proceeding No, 03-03131 (AJG);
(o) Mirant Americas Energy Marketing LP v. Vernon; USBC
Adversary Proceeding No., 03-04440-dml;
(p) Robert S: Spradlin, etc. v. Vernon Norwalk Superior
Court No. VC 039280;
(q) Jessica Rodriguez v Vernon; LASC No. BC298890;
(r) Lexington Insurance Company v Vernon; Norwalk
Superior Court No, VC'040647;
(s) Vernon v. Scott Co., et al,, LASC No- BC 300307;
(t) CPUC No, 03-09-008 (SoCalGas BCAP);
(u) Luther Caston v. Vernon,, et al.; LASC No: BC 295361;
(v) Vernon v. Tidelands oil Production Co., LASC No. BC
297967
(w) Penn -America Insurance Company v. Vernon; LASC No. BC
306257;
(x) Rampage Clothing( Companvand Ramna6e Retailina Tnc
cy Nos.. LA97-34276-'SB and LA97-
4.. 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; Seven (7) potential cases.
It was moved by Davis, seconded by McCormick, that the
City Council go out of closed session and resume regular session,
the time being 6:35 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that
discipline in the matter of the`Utilityman I be approved.
Motion carried.
It was moved by Davis,, seconded by Ybarra, that the
settlement in the matter of Aucensio Saucedo Lopez v. Vernon; LASC
No. 02CO0862 be approved. Motion carried.
It was moved by Davis, seconded by Ybarra, that the City
Retain attorney John Berger of the law firm of Adelson, Testan,
Brundo & Popalardo to represent the City in connection with the
matter of Jessica'Rodriguez v. City of Vernon, WCAB Case No. RIV
0056007, and that the City Attorney be authorized to execute the
retainer letter with Mr. Berger's firm and the substitution of
attorney. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
Settlement Agreement and Release in the matter of City of Vernon
v. Tidelands Oil Production.Company, et, al.., Case No. BC297967,
be approved and the Mayor be authorized to execute the Agreement
for and on behalf of the City. Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
City Administrator's execution of the Claims Purchase Agreement
and Assignment of Claim in the bankruptcy matter of Rampage
Clothing Company and Ramp age_Retailing,Inc., Bankruptcy Nos. LA97-
34276-SB & LA97-34278-SB be approved and ratified- Motion
carried.
Page 24 of 25`
Adjourned Regular City Council Meeting Minutes
January 28, 2004
It was moved by McCormick, seconded by Davis, that the
actions by Charming Strother of McCarthy, Sweeney & Harkaway in
intervening in FERC Docket Nos. EL04-35 (City of Azusa), EL04-3,9
(City of Riverside),, EL04-40 (City of Anaheim) and EL04-42 (City
of Banning) are hereby ratified. Motion carried,
It was moved by McCormick, seconded by Davis, that the
actions by Channing Strother of McCarthy, Sweeney & Harkaway in
intervening in U.S. Court of Appeals for the Ninth Circuit, Case
Nos. 03-74547 (Powerex Corp,. v. FERC), 03-74604 (El Paso Merchant
Energy!, L.P. v. FERC), and 03-7'4654 (Constellation Power Source,
Inc. v. FERC) are hereby ratified. Motion carried.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Ybarra, that the meeting be adjourned, the time being 6:38
p.m. Motion carried. '
is C. Malbu
Mayon
ATTEST:.
Bruce V. Malkenhorst
City Clerk
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