20040324 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR
CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD MARCH 24, 2004,,
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, 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 March 3, 2004,
be approvedandadopted as submitted. ,Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 15, 2004, was presented,
advising that the, below listed employees qualified in the month
of February 2004 for a. Perfect Attendance Award. This is
awarded to employees on the basis of a minimum of two (2,) years
of perfect attendance:
Date of Hire Employee Award
02/17/98 Antonio Lopez Electronics Technician 6
The Mayor presented the award to the aforementioned
employee and extended congratulations on behalf of the entire
City Council,
The following employeeswere unable to attend the
meeting and their awards were accepted by their respective
department head:
Date of Hire Employee Award
08/17/87 Stephen:Agon Fire Captain 6
11/02/92 Douglas Barker Firefighter 6
02/23/98' Maria Gonzalez Records Clerk 6
02/26/90 John Doersam Firefighter 1,4
Police Department Activity Log for the period March
through IS, 2004, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period March 1 through
IS, 2004, be received and filed. Motion carried.
Fire Department Activity Report for the period March 1
through 15, 2004, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period March 1 through
15, 2004, be received and filed. Motion carried.
Risk Management Report for the month of February 2004
was presented,.
I't was moved by Davis, seconded by Ybarra, that the
Risk 'Management -Report for the month of February 2004, be
received and filed. Motion carried.
Adjourned Regular City Council Meeting Minutes
March 24, 2004
Health Department Report for the month of February
2004, was presented.
It was moved ,by McCormick, seconded by Davis, that the
Health Department Report for the month of February 2004, be
received and filed. Motion carried.
The City Clerk announced that now was the time for
anyone in the audience who wished to addresstheCity 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.
Mr. Chris McWilliams, representative of Air Products,
addressed the City Council to advise them of the next Vernon
Industrial Committee's Meeting that will be held on April 15,
2004 at the City's Chamber of Commerce and extended an
invitation to the City Council.
There was no one else in the audience who wished to
address the Council at this time.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 26, 2004, was
presented, advising thatonNovember 25„ 2003, the Finance
Committee recommended to City Council that a purchase order be
issued to VisionAir, Inc,., contingent upon approval of an
agreement for purchase, installation, and maintenance/support
services for the Fire Department.
The City Attorney's office has finalized the agreement and it is
hereby recommended that the following resolution be approved.
(Deferred from the City Council Meeting held March 3, 2004.)
It was moved by Davis, seconded by Ybarra, that the:
aforementioned communication from the City Administrator/City
Clerk, dated February 26, 2004, be received and filed and his
recommendations approved. Motion carried.
RESOLUTION NO. 8389 A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Software License Agreement and Software Service Agreement By
and Between the City of Vernon and VisionAir, Inc. for the Fire
Department, was presented. (Deferred from the City Council
Meeting held March 3, 2004.)
I.t was moved by McCormick, seconded by Ybarra, that
Resolution No. 8389 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator,/City Clerk, dated February 26, 2004, was
presented, advising that on February 18, 2004, the Finance
Committee recommended to City Council that an agreement :with
Thomason Mechanical Corporation be prepared, to conduct gas
valves inspections and maintenance in relation to the MGS
Project
Page 2 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
The City Attorney's office has finalized the agreement and it is
hereby recommended that the following resolution be approved.
(Deferred from the City Council Meeting held March 3, 2004.)
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated February 26, 2004, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8388 - A Resolution of the City .Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement By and Between the City of Vernon and Thomason
Mechanical Corporation for Valve Inspection and Maintenance for
the Gas Distribution System, was presented. (Deferred from the
City Council Meeting held March 3, 2004..)
It was moved by Davis, seconded by McCormick, that
Resolution No. 8388 be approved and adopted. Motion carried.
The City Clerk advised that now was the time to open
the public hearing to consider a request for a variance from P &
S Fashion, Inc., from Section 26.4„2-8(c) of the City of Vernon
Comprehensive Zoning ordinance.
It was moved by Ybarra, seconded by Davis, to open the
public hearing the time being 5:10 p.m. Motion carried.
The Director of Community Services and Water, Kevin
Wilson, addressed the City Council and briefly summarized this
matter and the staff report:
Communication from Kevin Wilson, Director of Community
Services and Water, dated March 10, 2004, was presented,
advising that P & S Fashion, Inc. has requested a variance from
the Comprehensive Zoning Ordinance Section 26.4.2-8(c),
Development Standards for the property located at 4722 Everett
Avenue in the City of Vernon. The variance is to allow the use
of two (2) non -conforming truck -loading spaces.
Submitted herewith are.,the following supporting documents:
1. Staff Report dated March 10, 2004.
2. Request for variance application permit and
^, informationsupporting the application.
3. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing.
The project is categorically exempt from CEQA because it is an
existing facility as described in Section 15301 and a Notice of
Exemption will be prepared and filed with the County Clerk.
It is hereby recommended 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, and regulations and subject to
permit fees as adopted by the City of Vernon not
otherwise addressed by this grant of a variance.
Page 3 of 18 -
Adjourned Regular City Council Meeting Minutes
March 24, 2004
b. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other
nuisances.
c.' This variance shall automatically expire at the time
of any expansion or structural alteration of the -
building, or on August 19, 2009, 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.
It is the intent of the City Council that said
parking, access or loading area(s) be treated in the
same manner as a legal nonconforming use subject to
Section 26, 4 . 6-4 (b) ..
d. All parking and loading areas necessary for P '& S
Fashion, Inc. 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.
e. The project site shall be 'maintained substantially in
compliance with the site plan submitted„ as part of
this variance application.
f. The usage of the non -conforming truck loading spaces
shall be limited so that no trucks parked at or using
the loading docks shall extend into the street right-
of-way as shown on the Master Plan of Streets, dated
June 16., 1992.
g. This variance shall only be valid while P :& S Fashion,
Inc. remains the owner of the property. A new
variancewillbe required upon change of ownership,
h. All existing and future tenants shall be notified of
these restrictions and a condition stating this shall
be placed in all future leases,
i;; The facility shall be operated in a manner, which will
not impede traffic on Everett Avenue. The loading
spaces facing Everett Avenue shall be limited to
trucks no longer than twenty (20) feet.
j; Signs shall be posted in front of the nonconforming
truck loading spaces stating the restrictions on the _
length of the trucks accessing the subject loading
docks.
Page 4 of 18
Adjourned,Regular,City Council Meeting Minutes
March 24,, 2004.
k. Noncompliance with the, conditions shall constitute
sufficient grounds for the City Council of the City of
Vernon to void this variance and require the
applicant, P& S Fashion, Inc,. to comply with the
truck parking and loading 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 Davis, seconded by Ybarra, to close
the public hearing to consider a request for a. variance from P &
S Fashion, Inc., from Section 26.4,2-8(c) of the City of Vernon
Comprehensive Zoning Ordinance, the time being 5:14 p.m. Motion
carried.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the Director of Community
Services and Water, dated March 10, 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. 8397 - A Resolution of the City Council
of the City of Vernon Granting a Variance to PP & S Fashion, Inc.
from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance,
for the Property located at 4722 Everett Avenue in the City of
Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8397 be approved and adopted'. Motion carried.
The City Clerk asked that the following Public
Hearing, any supporting documents, and Resolution No. 8384 be
removed from the City Council Agenda -
Public Hearing - to consider a request for a variance
from Pi Yu Junkins, from Section 26.4.2-8(c) of the City of
Vernon Comprehensive Zoning Ordinance.;
Communication from Kevin Wilson, Director of Community
Services and Water, dated March 1"0, 2004, advising that Pi Yu
Junkins has requested a variance from the Comprehensive Zoning
Ordinance Section 26.4.2'-8(c), Development Standards for the
property located at 4901-03 Pacific Boulevard in the City of
Vernon. The variance is to allow the use of three ('3) non-
conforming truck -loading spaces.
Submitted herewith are the following supporting documents:
1; Staff Report dated March 10, 2004:
2„ Request for variance application permit and
information supporting the application.
3. Notice of Public Hearing, copies of notification
letters to owners and 'tenants in the area and
affidavits of posting and mailing.
Page 5 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
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 and filed with the County Clerk,
It is hereby recommended 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, and 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.
d. Junkins shall repair any broken, cracked or displaced
sidewalk, curbs or gutters adjoining the site.
e. This variance shall automatically expire at the time
of any expansion or structural alteration of the
building, or on August 1,9, 2009,-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.
It is the intent of the City Council that said
parking, access or loading-area(s) be treated in the
same manner as a legal nonconforming use subject to
Section 26.4.E-4(b)
f. All parking and loading areas necessary for Junkins
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. The usage of the non -conforming truck loading spaces
shall be limited so that no trucks parked at or using
the loading docks shall extend into the street right-
of-way as shown on the Master Plan of Streets, dated
June 16, 1992
i. This variance shall only be valid while Junkies
remains the owner of the property. A new variance will
be required upon change of ownership,;
j., All existing and future tenants shall be notified of
these restrictions and a condition stating this shall
be placed in all future leases.
Page 6 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
k. The facility shall be operated in a manner, which will
not impede traffic on 49th Street and Pacific
Boulevard.
1. Signs shall be posted in front of the nonconforming "
truck loading spaces stating the restrictions on the
length of the trucks accessing the subject loading'
docks.
M. Junkins, as a successor -in -interest to Bank, agrees to
be bound by the terms and conditions set forth in the
Settlement Agreement executed by Bank and the City of
Vernon on August 3'ra, 1999, a copy of which is attached
hereto and incorporated herein by reference. In
particular, Junkins agrees to complete all repairs or
improvements set forth in Exhibit "A" to the
Settlement Agreement prior to the issuance of
certificate of occupancy.
n.- The loading dock facing Pacific Boulevard shall be
permanently sealed in conformity with the Building
Code.
o. Noncompliance with the conditions shall constitute
sufficient grounds for the City Council of the City of
Vernon to void this variance and require the,
applicant, Junkins to comply with the truck parking
and loading requirements of the Comprehensive Zoning
ordinance.
RESOLUTION NO.'8384 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Pi Yu Junkins from
Section 26.4.2-8 (c) of the Comprehensive Zoning Ordinance, for
the Property located at 4901-03 Pacific Boulevard in the City of
Vernon,
It was moved by Davis, seconded by McCormick, that the
Public Hearing to consider a request for a variance from Pi Yu
Junkins, any related documents, and Resolution No. 8384 be
removed from the agenda and no action be taken at this time.
Motion carried,
Communisation from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 10, 2004, was presented,
advising that in accordance with Resolution No. 8348,
authorizing notice inviting bids for the purchase of a 2004
Chevrolet Tahoe for the Police Department, the following bids
were received and opened on February 26, 2004:
Sopp Truck Center $31,500.75
Camino Real Chevrolet $32,959.16
Bids have been reviewed by the Police Department and the:
Purchasing Section and it is hereby recommended that Bid No, 1434
be awarded to Sopp Truck Center, a vehicle purchase contract be
prepared, and a purchase order be issued for the purchase of a
2004 Chevrolet Tahoe at the approximate cost of $31,500.75.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 10, 2004, be received and filed and his
recommendation approved. Motion carried.
Page 7 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
RESOLUTION NO. 8403 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Vehicle Purchase Contract By and Between the City of Vernon
and Sopp Truck Center, was presented.
It was moved by'McCormick, seconded by Davis, that
Resolution No. 8403 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated 'March 1,1, 2004, was presented,
advising that the City of Los Angeles has received a L.A. Urban
Federal Grant in the amount of $18.5 million. Chief Olson has
been advised that the Police Department is eligible to receive a
portion of these funds. This has been reviewed by the City
Attorney and it is hereby recommended that approval be granted
to the Police Department to participate in the 2003 Urban Areas
Security Initiative Grant Program -Part II, and authorization
granted to execute the necessary participation/application
documents.
It was moved by Ybarra;, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated:March 11, 2004, be; received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8400 - A Resolution'of the City Council
of the City of Vernon Approving Participation in the 2003 Urban
Areas Security Initiative Grant Program -Part TI, by the Vernon
Police Department and Authorizing the Execution of Documents
Necessary to Obtain Federal Financial Assistance Under Said
Grant, was presented'.
It was moved by Davis, seconded by McCormick, that
Resolution No.. 8400 be approved and adopted. Motion carried,
Communication from Bruce V. Malkenhorst', City
Administrator/City Clerk, dated March 11, 2004, was presented,
advising that the Police Department has been informed of their
eligibility of overtime reimbursement costs related to the
protection of critical infrastructures incurred between March'
17, 2003 and April 16, 2003. Due to the time frame involved the
Department filed for reimbursement. This has been reviewed by
the City Attorney and it is hereby recommended that the Filing
be ratified and that authorization be granted to execute
additional documents necessary to receive the; Federal Financial
Assistance under the 2003 Homeland Security Grant -Part II
Critical Infrastructure Protection.
It was moved .by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated March�ll', 2004, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8399-- A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Filing of a
2003 State Homeland Security Grant -Part II Critical
Infrastructure Protection, by the Vernon Police Department and
Authorizing the Execution of Documents ° Necessary to Obtain
Federal Financial Assistance Under Said Grant, was presented.
Page 8 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
It was moved. by McCormick, seconded by Davis, that
Resolution No, 8399 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated March 16, 2004;. was presented,
.transmitting a fully executed Grant Deed from PK Partners for
property located on the northwest corner of 2'6th Street and
Harriett Street. The property will be used for street, purposes
by increasing the radius of the property line to 47 feet and
constructing a curb, with curb ramp, at a radius of 60-feet:.
This has been reviewed by the City Attorney and it is hereby,
recommended that the Grant Deed be approved and the Mayor and
City Clerk be authorized to execute same.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated March 16, 2004, be received and filed
and the Grant Deed and Certificate of Acceptance be approved and
executed. Motion carried.
Communication fromKevinWilson, Director of Community
Services and Water,'dated March 10, 2004, was presented,
transmitting a fully executed Grant Deed from XH Partners, L.P.
by XEBEC Development Company for property at '3285 Vernon Avenue,
for street purposes. The Grant Deed dedicates to the City a 5-
foot by 200-'foot frontage strip of property (,1000 square feet in
size); assessor's parcel number 6303-006-060,. This has been
reviewed by the City Attorney and it is hereby recommended that
the Grant Deed be approved and the Mayor and City Clerk be:
authorized to execute same;
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the Director of Community
Services and Water, dated March 10, 2004, be received and filed
and the Grant Deed and Certificate of Acceptance be approved and'
executed. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, -dated March 1.6, 2004,; was presented.,
transmitting a fully executed Grant Deed from PK Partners for
property located on the southwest corner of 25th Street and
Harriett Street. The property will be used for the street
purposes by increasing the radius of the property line to 47
feet and donstructing a curb, with curb ramp, at a radius of 60-
feet. This has been reviewed by the City Attorney and it is
hereby recommended that the Grant Deed be approved and the Mayor
and City Clerk be authorized to sign;
It was moved ,by Ybarra, seconded by Davis, tha't'the
aforementioned communication from the Director of Community
Services and Water, dated March 16, 2004, be received and filed
and the Grant Deed and Certificate of Acceptance be approved and
executed. Motion carried,
Page 9 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
.Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 18, 2004, was presented,
advising that on November 15, 2003, this legislative body
approved Resolution No, 8298, authorizing a notice inviting
Request for Proposals '(RFPs) to provide the City with a
vulnerability Assessment and an Emergency Response Plan, in
accordance with the Public Health Security and Bioterrorism Act
of 2001 The following RFPs were received:
• Bookman-Edmonston$67,833.00
• HDR Security Operations $57,196.00
• Risk Management Professionals $26,370.00
• TRC-Easi $18,980.00
This has been reviewed by the City Attorney and the Director of
Community Services and Water. It is hereby recommended that the
proposal from TRC-Easi, -Inc., be accepted at a cost of
$18,980.00 and the agreement be executed.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the City Administrator/"City
Clerk, dated March 18, 2004, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO, 8415 - 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 TRC Engineered Automation Systems,
Incorporated for preparation of a Vulnerability Assessment and
Emergency Response Plan, was presented..
It was moved by McCormick, seconded by Ybarra, that
Resolution No.; 8415 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 18, 2004, was presented,
advising that the Assistant to the City Administrator has
reviewed & updated the retention schedule for the I'T Division,
which has been reviewed by the City Attorney. It is hereby
recommended that said revisions be approved & incorporated into
the Records Retention schedule.
It was moved by Davis, seconded by McCormick, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 18, 2004,, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8409 -,A Resolution of the City Council
of the City of Vernon Approving and Adopting an Amendment to the
Records Retention Schedule Maintaining Documents and Records by
all City Departments Except the Police Department, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No: 8409 be approved and adopted. Motion carried.
Page 10 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
Communication from Kevin Wilson, Director of Community
Services and Water, dated March 1., 2004, was presented,
recommending the ratification of Code Enforcement Inspector
Kevin Paul Murphy's attendance to the ``Effective Principles for
Code Enforcement Workshop" at Riverside on March 4, 2004, with
an expense allowance of $188..60c..
It was moved by Davis, seconded by McCormick, that the
authority and funds be approved and ratified for Kevin Paul
Murphy for his attendance at the aforementioned workshop with an
expense allowance of $188.60. Motion carried.
Communication from Bruce Olson, Chief of 'Police, dated
March 2, 2004, was presented, requesting authority and funds for
Records Manager Danita Robertson to attend the "California Law
Enforcement Association of Records Supervisors Region III
Training" at Long Beach on April 7, 2004, with an expense
allowance of $57.00.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Danita Robertson to attend
the aforementioned training with an expense allowance of $57.00.
Motion carried.
Communication from Bruce V. Malkenhorst, 'City
Administrator/City Clerk, dated March 8, 2004, was presented,
requesting authority and funds for Michelle J. Tolmasoff to
attend the "How to Organize and Maintain Files and Records
Seminar" at Burbank on April 14, 2004, with an expense allowance
of $170.00.,
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Michelle J. Tolmasoff to
attend the aforementioned seminar with an expense allowance of
$170.001. Motion carried..
Communication from Bruce Olson, Chief of Police, dated
March 8, 2004, was presented, requesting authority and funds for
the below listed police personnel to attend the "Patrol Rifle
Instructors' Course" at. Fresno on April 23,t,hrough 26, 2004,
with an expense allowance of $913.32 and 1,053.12, 'respectively.
• Michael Docherty, Detective
• Donald Vanover, Police Officer
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for the above, listed police
personnel to attend the aforementioned course with an expense
allowance of $913.32 and 1,053.12, respectively. Motion
carried.
Communication from Bruce Olson, Chief -of Police, dated
March 10,.2004,'was presented,"requesting authority and ;funds
for the below listed police personnel to attend the "Basic Peer
Support Training" at Pasadena on April 19 through 21, 2004, with
an expense allowance of $250,.20, of which POST will reimburse
$240.84 each.
• Brandon Gray, Detective
• Steven Wiles; Police Officer
Page 11 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned training with an expense
allowance of $250.20 each. Motion carried.
Communication from Steven Parker, Fire Chief, dated
March 15, 2004, was presented, requesting authority and funds
for the below listed fire personnel to attend the "Swift Water
Operational Technician I Class" at,Anaheim on April 12 through
14, 20,04, with an expense allowance of $295.00 each.
• Dean Richens, Engineer
• Timothy Behen, Firefighter
• Scott Metz, Firefighter
It was moved by. McCormick, seconded by Ybarra_, that
authority and funds be approved for the above listed fire .
personnel to attend the aforementioned class with an expense
allowance of $295.00 each. Motion carried.
Communication from Steven Parker, Fire Chief, -dated ¢
March 15, 2004, was presented, requesting authority and funds
for the below listed fire personnel to attend the "Rescue
Systems II Class" at Anaheim on March 22 through 25, 2004, with
an expense allowance of $375.00 each.,
• William Foltz, Fire Engineer
• Timothy Behen, Firefighter
• Joseph Janis, Firefighter
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the ;above listed fire
personnel to attend the aforementioned class with an expense
allowance of $375.00 each. Motion carried.
Communication from Bruce V: Malkenhorst, Director of
Finance, dated March 11, 2004, was presented, transmitting the
Minutes for the Adjourned Regular City Council Meeting - Finance
Committee Section, held on March 16, 2004, for approval of the
recommendations contained therein.
It was moved by Davis, seconded by Ybarra., that the
recommendations on the Minutes of the Adjourned Regular City
Council Meeting - F-inance Committee Section, held on March 16,
2004, be approved. Motion carried.
RESOLUTION NO. 8402 - A Resolution of the City Council,,
of the City of Vernon Approving and Ratifying Actions Taken
Regarding Renewal of Builders Risk Insurance from Travelers
Property Casualty Insurance for Construction of Building at 3`375
East Slauson, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. '8402 be approved and adopted. Motion carried.
RESOLUTION NO. 8404 - A Resolution of the City Council
of the City of Vernon Authorizing the Sale of Surplus Property
from the Fire Department, Pursuant to Section 2.31 of the Vernon
City Code, was presented.
Page 12 of' 18
Adjourned Regular City Council Meeting Minutes
March '24, 2004
It was moved by Ybarra, seconded by Davis, that
Resolution No, 8404 be approved and adopted. Motion carried,.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated March 11, 2004, was presented, transmitting the
Agenda for the Adjourned City Council Meeting - Finance
Committee Section,, to be held on March 24, 2004, for approval of
the recommendations contained therein.
It was moved by Davis, seconded by McCormick, that the
recommendations on the Agenda for the Adjourned City Council
Meeting - Finance Committee Section, to be held on March 24,'
2004, be approved. Motion carried.
RESOLUTION NO. '8406 - 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 Rhino Construction Services for.
the Malburg Generating Station Project, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8406 be approved and adopted. Motion carried.
RESOLUTION NO. 8407 - 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 Tom Malloy Corporation dba Trench Shoring Company, was
presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8407 be approved and adopted. Motion carried.
RESOLUTION NO. 8408 A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Consulting Service Agreement By and Between the City of Vernon
and Concept Engineering Group LLC, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8408 be approved and adopted. Motion carried.
RESOLUTION NO. 8410- A Resolution of the City of
Vernon Approving the Reinstatement of the City's Membership in
the 'Southern Cali-fornia Joint Pole Agreement and Authorizing the
City Administrator to Execute Any Documents on Behalf of the
City to Implement the Reinstatement, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8410 be approved and adopted. Motion carried.
The City Clerk asked that Resolution No. 8411 be
deferred to the next council meeting.
RESOLUTION NO. 841,1 - 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;.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 84,11 be deferred to the next council meeting.
Motion carried.
Page 13 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
RESOLUTION NO. 8412 - A Resolution of the City Council
of the City.of Vernon Authorizing the Purchase of One Ford
Ranger Pickup Truck by Joining on the State of California.,
Department of General. Services Procurement Division, Contract
No. 1-04-23-2,0 Awarded to Folsom Lake Ford and Authorizing the
Termination of the Lease Agreement with Ford Motor Credit
Company, was presented.'
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8412 be approved and adopted. Motion carried.
RESOLUTION NO, 8413 - A Resolution of the City 'Council
of the City of Vernon Authorizing the 'Purchase of TWO Ford
Pickup Trucks by Joining on the State of California, Department
of General Services Procurement Division, Contract No. 1-04-23-
20 Awarded to Downtown Ford Sales, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8413 be ;approved and adopted. Motion carried.
RESOLUTION NO. 8414 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8227, Which
Approved a Budget for the Fiscal'Year 2003-2004, to Reflect
Changes, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8414 be approved and adopted. Mot -ion carried.
RESOLUTION NO. 8398 - A, Resolution of the City Council
of the City of Vernon Amending Schedule II, Exhibit "B,'" Pages
2, 5, 13 and 16 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 Davis, seconded by Ybarra, that
Resolution, No. 8398 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 11, 2004, was presented, transmitting the
Agenda for the Adjourned Regular City Council Meeting
Personnel Committee Section, to be held on March 24, 2004, for
approvalof the recommendations contained therein.
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the Agenda for the Adjourned Regular City
Council Meeting - Personnel Committee Section, to be held, on
March 24, 2004, be approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 18, 2004, was presented,
advising that this legislative body previously approved
purchasing forty-six radios for the Fire Department and that an
equipment purchase contract with K.R. Nida Communications be
prepared to also include installation of the Motorola digital
radios. It was also approved to surplus the existing radio
equipment and recommended that the City Attorney ensure that the
proper documentation be prepared for the surplus/disposal/sale
of the existing inventory.
Page 14 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
It is also noted that it was erroneously stated that the
contract was to. be with K.R. Nida Communications however the
contract should be between the City of Vernon and Motorola', Inc.
The contract for the purchase and the agreement for the Sale of
Certain Surplus Property have been finalized by the City
Attorney and it is hereby recommended that both document's be;
approved and executed.
It was moved by Davis, seconded by McCormick, that the
aforementioned communication from the City Administrator/City
Clerk, dated March 18, 2004, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8401 - 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 Motorola, Inc, was presented'.
It was moved by Ybarra; seconded by McCormick, that
Resolution. No, 8401 be approved and adopted. Motion carried.
RESOLUTION NO. 8405 - A Resolution of the City Council'
of the City of Vernon Approving and Authorizing the Execution of
an Agreement By and Between the City of Vernon and the City of
Long Beach for the Sale of Certain Radios, was presented, ,
It was moved by Ybarra, seconded by McCormick, that
Resolution No. '8405 be approved and adopted. Motion carried.
Warrant Register No. 1134 covering claims and demands
presented during the period of February 26, 2004 'through March
17, 2004, :drawn on Bank of America totaling $1,171,874.22, which
includes demand nos. 215089 through 215463 (inclusive),
excluding Light & Power's demands, and the below listed voided
demands. (Accounting period March 2004)
215133 215139
It was moved by Davis, seconded by McCormick,`that
Warrant Register No. 1134 be approved and payment authorized for
claims and demands totaling $1,171,874.22. motion carried.
-- Warrant Register No.
1134 covering
claims
and demands
presented during the period
of
February 26,
2004 through March
17, 2004, drawn
on Bank
of America
totaling
$2,301,927.42, which
includes Light
& Power's
demand
nos. as listed
below:
(Accounting period
March
2004).
215094
215098
215100
215110
215112
215116
215128
215130
215134
215135
215141
215144
215146
2I15149
215150
215151
215157
215159
215161
215162
215172
215178,
215179
215180
215186
215187
215196
215207
215208
215213
215221
215226
215236
215237
215251
23.5256
215265
215270
215281
215287
215288
21529A
215291
215293
215295
215299
215301
215303
215308
215323
215333
215334
215342
215347 <
2-15351
215354
215356
215357
215328
215360
215362
215365
215376
215388
215394
215411
215421
215423
215449
215462
Page 15 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
I't was moved by Ybarra„ seconded by McCormick, that
Warrant Register No. 1134 be approved and payment authorized for
Light & Power's claims and demands totaling $2,301,927.42,
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. 573 covering claims and
demands presented during the, period of January 11, 2004 through
February 7, 2004, drawn on Wells Fargo Bank totaling
$2,005,512.16, which; includes demand nos. 8445 through 8484
(inclusive), (Accounting Period; February 2004).
It was moved by McCormick, seconded by Davis, that
Payroll Warrant Register No. 573'be approved and payment-
authorized for.claims and demands totaling $2,005,512.16'
Motion. carried.
The Mayor called a'short recess at 5:40 p.m.
The City Council reconvened in regular session at 5:45
p,m „ all members present before the recess again being present
The City Clerk advised that there was nothing to be
discussed on Item Nos., 1 and 2.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
b. EMPLOYEE PERFORMANCE EVALUATION
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code 'Section 54957,
a. Conference with Labor Negotiator
Agency negotiator: City Administrator
Unrepresented classification(s)
The City Clerk advised that now was the time to go
into closed session on Item Nos, 3 and 4.
It was moved by Davis, seconded by Ybarra, that the
City Council go into closed session on Item Nos, 3 and 4, the
time being 5:46 p.m. Motion carried,.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
and 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,
Page 16 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663
(Restructuring);
(b) David Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(c) Vernon v. Regional Water Quality. Control Board; Nos.
A-1280, A128.0(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 Transps.
Auth,, LASC Case No. BC 238841;
(e) FERC Docket No. BR00-2019-000- (ISO)/EL00-105 (Vernon
TRR); FERC Docket No.. EL00-95 (SDG&E v. Sellers of
Energy, et al.) consolidated with FERC Docket No.
EL00-98; 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) Sterlin5 Davis V. City of Vernon, et al., USDC No. CV-
01 016-02 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) Aucensio Saucedo Lopez v. Vernon LASC No. 02C00862
(H.P. District);
(1) Vernon v. SQCalGas, El Paso Natural Gas,, et al,.,, Case
No. BC 265905;
(m) Jessica Rodriguez v. Vernon; WCAB Case No,. RIV
0056007;
(n) Enron Power Marketing Inc.: v. Vernon; USBC Adversary
Proceeding No. 03-03131 (AJG);
(o) Mirant Americas-EnercgSr Marketing, LP v. Vernon USBC
Adversary Proceeding No. 03-04440-dml;
(p) Jessica Rodriguez v. Vernon; LASC No. BC298890
(q) Lexington Insurance Company v. Vernon; Norwalk
Superior Court No. VC 040647;
(r) Vernon v. Scott Co,.;, et al., LASC No. BC 300307;
(s) CPUC No, 03-09-008(SoCalGas BCAP);-
(t) Luther Caston v. Vernon, et al..; LASC No. BC 295361;
(`u) Penn -America Insurance Company"v. Vernon,;_ LASC No. BC_.
306257;
(v) George C. Kim dba Korean Maintenance Co. v. Vernon;
LASC No. BC309589;
(w) Greg Lynch v. Vernon; WCAB No. VNO 459075;
('x) City of_Vernon v. Tracy S. Carleton, Case No.
03CO1336;
(y) C,ty of Vernon v. David,Prietto, HP'SC Case No.
03C81338;
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: Two (2) potential case.
Page 17 of 18
Adjourned Regular City Council Meeting Minutes
March 24, 2004
It was moved by McCormick, seconded by Ybarra, that the
City Council go out of closed session on Items Nos. 3 and 4 and
resume regular session, the time being 6:00 p.m. Motion carried,.
It was moved by McCormick, seconded by Davis,. that
Legal Counsel's retention of Frank Hanley of AUS "Consultants and
Edward Feinstein of Brown, Williams, Morehead & Quinn as
consultants and expert witnesses in the matter of FERC Docket
No. EL00-105 be approved and ratified. Motion carried.
It was moved by Ybarra, seconded by Davis„ that the
settlement for $7,991.52 reached in the matter of City of Vernon
v Tracy S. Carleton, Case No. 03C01336, be approved. Motion
carried.
It was moved by Ybarra, seconded by Davis, that the
settlement for $6,155.83 reached ,in the matter of City of Vernon
v. David Prietto, Case No. 03C01338, be approved. Motion
carried.
There being no further business to come before the
City Council at this time, it was moved by McCormick,"seconded
by Davis, that the meeting adjourn, the time being 6:03 p.m.`
Motion carried.
'(Leonj s C. Malburg
Mayor
ATTEST -
Bruce V. Malkenhorst
City Clerk
Page 18 of 18