20040421 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
APRIL 21, 2004, AT:5:00 P.M. ITT THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA'
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis; McCormick
MEMBERS ABSENT; None
The meeting was called to order by Mayor Malburg.
It was moved by Gonzales, seconded by Davis, that the
Minutes of the Regular City Council Meeting held April 7, 2"004,
be approved and adopted as submitted. Motion carried.
RESOLUTION NO 8428 A Resolution of the City Council
of the City of Vernon Authorizing the City Clerk to Make and
Deliver a Certificate of Election to Council Members Hilario
Gonzales and William J. Davis and to Administer the Oath of
Office, was presented'.
Itwas moved by McCormick, seconded by Ybarra, that
Resolution NO. 8428 be approved and adopted. Motion carried.
The City Clerk administered the oaths of Office to Mr.
Hilario Gonzales and William J..Davis and signed the
Certificates of Election.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 15, 2004, was presented,
advising that it is now the time and place for the selection of
the Mayor and the Mayor Pro Tem. ,
It was moved by Ybarra,, seconded by Gonzales, that
Leonis C. Malburg be selected to serve as the Mayor. Motion
carried.
It was moved by Gonzales, seconded by Davis., that Mr.
Thomas A. Ybarra be selected to serve as the Mayor Pro Tem,
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 15, 2004, was presented,
advising that it is now necessary to appoint members to sit on
the following Committees;`-
•- Personnel Committee
• Finance Committee
• Police and Fire Commissions
It was moved by Gonzales, seconded by Davis, to
maintain the same members for each Committee as lasted 'below.
Motion carried.
Personnel Committee-, Malburg/Ybarra/Davis
Finance Committee; Malburg/Ybarra/Gonzales
Police and Fire Commissions:; Malburg/Ybarra/McCormick
RESOLUTION NO. 8427 = A Resolution of the City
Council of the City of Vernon Commending Luke V. Salerno for His
Many Years of Service to the City of Vernon, was read in its
entirety by the City Clerk.
Regular City
Council Meeting Minutes
April 21, 2004
It
was moved by McCormick,
seconded by Ybarra, that
Resolution No.
8427 be received
and filed. Motion carried.
The
Mayor presented
Resolution No. 8427 to Mr. Luke
V. Salerno and
extended congratulations
on behalf of the entire
City Council,.
Mr.
Salerno thanked
the City Council for the
employment opportunity.
Communication from Bruce V. Malkenhorst, City
Administrator/City
Clerk, dated
April 14, 2004, was presented,
advising that
the below listed
employees qualified in the month
of March 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
04/23/01
Lyndon Ong Yiu
Environmental Specialist 2
10/24/88
Pete Torres
Fire Engineer 7
06/23/85
Jorge Somoano
Engineering & Operations Manager 9
03/01/87
Dan"Downing
Chief Deputy Director of
Environmental Health 17
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.
Date of Hire
Employee
Award
07/01/f87
Adam Alvarez
Utilityman I`II 2
01/02/01
Debra Davis
Dispatcher 2
11/20/88
Wilfredo Lopez
Utilityman IV 2
12/14/98
Eugenio Cerda
Police Officer 3
03/13/00
Allan Castro
Systems Co6rdinator'1 4
03/13/00
Shahram Sharifzadeh,
Systems Coordinator I 4
03/22/99
Robert Farrell
Firefighter 5
03/22/99
Anthony Fish
Firefighter _5
03/22/99
Matthew Holtzendorff
Firefighter 5
03/22/99
Chad McGovney
Firefighter' 5
03/22/99
Derek Meyer
Firefighter 5
03/22/9-9
Michael Pinnere
Firef°ighter, 5
03/22/99
Andrew Smith
Firefighter 5
03/22/99
Norman Sutherlin
Firefighter 5
03/22/99
James Venneau
Firefighter 5
03/29/98
Paul Cerda
Police officer 6
07/10/95
Brandon Gray
Police officer 8
07/16/90
Jose Pereyra
Systems Coordinator II 11 .
08/05/84
Patrick Keye
Systems Coordinator I1 13
04/28/86
Eli,seo Genera
Civilian Court Officer 14
Page 2 of 20
Regular City Council Meeting Minutes
April 21, 2004
The Mayor called a short recess at 5:15 p.m.
The City Council reconvened_ in regular session at 5:18
p.m.,all members present before the recess ;again being 'present.
Police Department Activity Log for the period
April 1 through 15, 2004,,was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period April 1
through 15, 2004, be received and filed. Motion carried.
Fire Department Activity Report for the period
April 1 through 15, 2004,`was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period April 1 through
15, 2004, be received and filed. Motion carried.
Risk Management Report for the mont'h.o,f March 2004,
was presented.
It was moved by Gonzales, seconded by McCormick, that
the Risk Management Report for the month of March 2004, be
received and filed. Motion carried.
Health Department Report for the month of March 2004,
was presented.
It was moved by Ybarra,, seconded by Davis, that the
Health Department Report,for the month of March-2004, be
received and filed. Motion carried.
RESOLUTION NO. 8431 - A Resolution of the City
Council of the City of Vernon Approving and Authorising the
Execution of a Vehicle Purchase Contract By and Between the City
of Vernon and Wondries Fleet Group for Your Ford Crown Victoria
Vehicles for the Police Department, -was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8431 be approved and adopted. Motion carried.
The City Clerk announced that now was time for anyone.
in the audience who wished to address the City Council on any
item on the agenda other than with regard toanypublic hearings
that may be listed.
The Mayor asked if there was anyone in the audience
who whished to address the Council at this time..
There was no one who wished to address the Council at
this time.
Page 3 of 20
Regular City Council Meeting Minutes
April 21, 2004
The City Clerk announced that now was the time to open
the Public Hearing to consider an appeal of the City of Vernon's
Director of Community Services determination that a truck
terminal is not permitted at 2770 Leonis Boulevard in the City
of Vernon. (Deferred from City Council Meeting held on April 7,
2004)
It was moved by Ybarra, seconded by Davis, to open the
public hearing to consider an appeal of the City of Vernon's
Director of Community Services determination that a truck
terminal is not permitted at 2770Leonis Boulevard in the City
of Vernon, the time being 5:20 p.m. Motion carried.
The Director of Community Services addressed the City
Council and summarized this matter for them.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk; dated April 1, 2004, was presented,
advising that Paragon Logistics, Inc., is currently operating a
truck terminal located at 2770 Leonis Boulevard, which is in
violation of Section 26.3.5-2 of the Vernon Comprehensive Zone.
Paragon Logistics,, Inc;. has made an appeal request to overturn
the Community Services and Water Department's findings and is
requesting to be, allowed to occupy the mentioned location.
This has been reviewed by the City Attorney and it is hereby
recommended that the appeal by Paragon Logistics, Inc. be
denied. (Deferred from City 'Council Meeting held on April 7,
2004)
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
Mr. Robert Refua,, representing Paragon Logistics,
Inc., addressed the City Council asked the City Council to
reconsider the final determination of the Director of Community
Services and allow him to continue his trucking operation at
this site.,
The City Attorney advised Mr, Refua that the Zoning
Ordinanceofthe City of Vernon does not permit such operation
within that zone, that there were no exemptions, and advised Mr.
R that there are other zones within the City of Vernon that
would allow him to conduct his operation.
Mr. Refua responded that he has looked around for
other properties within the City but that they were just too
costly. Mr. Refua advised the Council that if his appeal would
to be denied, he would have to leave the City.
The Director of Community Services & Water reiterated
that under the City's Zoning Ordinance a trucking operation is
not permitted at the locations Paragon Logistics, Inc,,
occupies, 2757 and 2770 Leonis Boulevard.
Page 4 of 20
Regular City Council Meeting Minutes
April 21, 2004
The Mayor asked if there was :anyone else wishing to
address the City Council on this matter-.
There was no one wishing to address the City Council
at this time.
It was moved by McCormick, seconded by Davis, to close
the public hearing to consider an appeal of the City of Vernon's
Director of Community Services determination that a truck
terminal is not permitted at 2757 and 2770 Leonis Boulevard in
the City of Vernon, the time being 5:36 p.m. Motion carried.
The Director of Community Services & Water that the
following Resolution No. 8418 should include 2757 and 2770
Leonis Boulevard addresses.
RESOLUTION NO. 8418 - A Resolution of the City Council
of the City of Vernon Making Findings in Support of
Granting/Denying an Appeal by Paragon Logistics, Inc. Concerning
Permitted Use in M-Zone of a Truck Terminal at 2770 Leonis
Boulevard. (Deferred from City Council Meeting held on April 7,
2004-), was presented.
It was moved by Ybarra, 'seconded by Davis, that
Resolution No. 8418 be ;approved and adopted to deny the appeal
as requested by Director of Community Services & Water to
include 2757 and 2770 Leonis Boulevard Motion carried.
The City Clerk announced that now was the time to open
the public hearing to consider the establishment'of
Vernon's Transmission Revenue Requirements (TRR) for its high
voltage transmission facilities and entitlements for the purpose
of Vernon's'status as a Participating Transmission Owner (PTO)
with the California Independent System Operator.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider the establishment of
Vernon's Transmission Revenue Requirements (TRR) for its high
voltage transmission facilities and entitlements for the purpose
of Vernon's status as a Participating Transmission Owner (PTO)
with the California Independent System Operator, the time being
5:37 p.m. Motion carried.
The City Attorney addressed the City Council and asked
them to continue this matter on April 26, 2004.
Communication from Bruce V. Malkenhorst, City
Administrator/ City Clerk, dated April 15, 2004, advising that
on August 29, 2000, Resolution No. 7608 was adopted as amended
by Resolution Nos. 7659 and 7751 adopted on November 7, 2000 and
April 24, 2001, respectively, establishing and filing Vernon's
Transmission Revenue Requirement with the Federal Energy
Regulatory Commission (FERC.) The FERC's approval, of Vernon's
TRR was challenged and considered by the D.C. Circuit Court.
The D.C. Court remanded the matter to FERC which as now set a .
hearing for its consideration of Vernon's TRR The services of
several consultants were retained to assist in preparing and
recommending a TRR to be filed with the FERC in support of
Vernon's status as a Participating Transmission Owner. It is
hereby recommended that the City's TRR be approved, and
established.
Page 5 of 2Q
Regular City Council Meeting Minutes
April 21, 2004
It was moved by McCormick, seconded by Gonzales, to
continue the public hearing on April 26, 2004, to consider the
establishment of Vernon's Transmission Revenue Requirements
(TRR) for its high voltage transmission facilities and
entitlements for the purpose of Vernon's status as (a
Participating Transmission Owner ([PTO-) with the California
Independent System Operator, the time being 5:39, Motion
carried
The City Clerk announced that now was the time to open
a public hearing to consider a variance application for 4800
District, LLC`., located at 4800-4820 District Boulevard in the
City of Vernon from Section 26.4.2-8(c) of the Comprehensive
Zoning Odinance to utilize two (2) non -conforming truck -loading
spaces.;
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider a variance application for 4800
District, LLC., located at 4800-4820 District Boulevard in the
City of Vernon from Section 26.4.2-8(c) of the Comprehensive
Zoning Odinance to utilize two (2) non -conforming truck -loading
spaces, the time being 5:39 p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter for them.
Communication from Kevin Wilson, Director of Community
Services and Water, dated April 14, 2004, was presented,
advising that 4800 District, LLC., has requested a variance from
the Comprehensive Zoning Ordinance Section 26.4.2-8(c),
Development Standards for the property located at 4800-4820
District Boulevard in the City of Vernon. The variance is to
allow the use of two (2) non -conforming truck -loading spaces.
The loading spaces, however, will be restricted to trucks that
do not extend into the public right-of-way.
Submitted herewith are.;the following supporting documents.
1.. Staff Report, dated April 12, 2004.
2. Request for variance application permit and
information supporting the application. '
Regular City Council Meeting Agenda
April 21, 2004
3.. Notice of Public Hearing, copies of notification
fetters to owners and tenants in the area and
affidavits of posting and mailing.
The project .is categorically exempt from CRQA because it is an
existing facility as described in Section 15301. 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 6 of 20
Regular City Council Meeting Minutes
April'21, 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 areas)
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)
d. All parking and loading areas necessary for Savoy
Textile, 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..
fli, 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 4800 District,
LLC, remains the owner of the property. A new variance
will be 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 District Boulevard and Gifford
Avenue}
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.
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, 4800 District, LLC'. to
comply with the truck parking and loading requirements of the
Comprehensive Zoning Ordinance.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
Mr. Stan Sito, representing the tenant, Savoy Textile,
Inc., addressed the City Council on this matter and requested
clarification of Condition "c"
Page 7 of 20
Regular City Council Meeting Minutes
April 21, 2004
The Director of Community Services & Water clarified
Condition "c" for Mr..Sito.
The Mayor asked if there were any other questions on
this matter.
There were no more questions at this time,.
It was moved by McCormick, seconded by Gonzales, to
close the public hearing to consider a variance application for
4800 District, LLC., located at 4800-4820 District Boulevard in
the City of Vernon from Section 26.4.2--8(c) of the Comprehensive
Zoning Odinance to utilize two (2) non conforming 'truck -loading
spaces, the time being 5:46 p.m. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water, dated April 14, 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. 8426 - A Resolution of the City Council
of the City of Vernon Granting a Variance to 4800 District, LLC,
from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance;,
for the Property Located at 4800-4820 District Boulevard in the
City of Vernon, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution NO. 8426 be :approved and adopted. Motion carried'.
The City Clerk announced that now was the time to open
the public hearing to consider the adoption of an ordinance
amending the Comprehensive Zoning 'Ordinance of the City of
Vernon to establish zoning regulations for outdoor advertising
structures within the City.
It was moved by Davis, seconded by McCormick, .to open
the public hearing to consider the adoption of an ordinance
amending the Comprehensive Zoning Ordinance of the City of
Vernon to establish zoning regulations for outdoor advertising
structures within the City, the time being 5:47 p.m. Motion
carried. The Mayor and Mayor Pro Tem abstained from voting on
this matter.
The Director of Community Services :and Water addressed
the City Council and summarized this matter for them.
Communication from Kevin Wilson, Director of Community
Services and Water, dated April 14, 2004,.was presented,
advising that the City of Vernon is proposing to adopt an
ordinance amending the Comprehensive Zoning Ordinance of the
City of Vernon to establish zoning regulations for outdoor
advertising structures within the City. The City is proposing to
impose regulations that are specifically designed to mitigate
the negative aesthetic effects of:outdoor Advertising Structures
and ensure traffic safety. Upon approval of this ordinance all
outdoor advertising structures, shall not exceed eight hundred -
fifty square feet, including border and, trim; but,excluding base
or apron supports and other structural members. And shall be no
higher than thirty-five feet excluding cutouts. New outdoor
advertising structures shall not be located within two thousand
Page 8 of 20
Regular City Council Meeting Minutes
April 21, 2004,
,five hundred feet of another outdoor advertising structure. All
nonconforming structures in regards to height and size shall be
amortized and removed, without compensation from the City, in
accordance with state law. -Nonconforming structures not removed
after the applicable amortization period of fifteen years shall
be considered public nuisances subject to immediate abatement.,
As part of the project, the City Council must adopt a Negative
Declaration for the project. An initial study was prepared in
accordance with California Environmental Quality Act (CEQA) and
a Notice of Intent to adopt the Negative Declaration was
circulated.
Submitted herewith are the following supporting documents:
1. Staff Report, dated April 12, 2004,
2. Notice of Public Hearing, affidavit of posting, and
Declaration of Publication, Notice of 'Intent.
3. Environmental Checklist form and Initial Study.
4.. Proposed Negative Declaration.
The project is consistent with the City of Vernon Comprehensive
Zoning Ordinance and City of Vernon General Plan as adopted by
the City of Vernon.
It is hereby recommended that the variance application permit be
granted subject to the following conditions-
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..
After review of the supporting evidence by the Community
Services Department, it is further recommended that Ordinance -
No. 11,00 be approved and that a Negative Declaration be adopted
and that a Notice of Determi-nation and a DeMinimus Finding be
filed with the County Clerk
The Mayor asked if there was anyone in the audience
who wished to address the City Council at this time.
There was no one wishing to address the City Council
on this matter at; this time.
It was moved by McCormick, seconded by Gonzales, to
close the public hearing to consider the adoption of an
ordinance amending the Comprehensive Zoning Ordinance of the
City -of Vernon to establish zoning regulations for outdoor
advertising structures within the City, the time being 6:01 p.m.
Motion carried,.. The Mayor and Mayor Pro Tem'abstained from
voting on this matter.
Page 9 of 20
Regular City Council Meeting Minutes
April 21, 2004
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the Director of Community
Services and Water, dated April 14, 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.
It was moved by McCormick, seconded by Davis, that
City Council determine that the project is consistent with the
General Plan as adopted by the City of Vernon, Motion carried.
-
The Mayor and Mayor Pro Tem abstained from voting on this
matter.
It was moved by Gonzales, seconded by Davis, that the
City Council determine that the project will not have a
significant effect on the environment, Motion carried, The
Mayor and Mayor Pro Tem abstained from voting on this matter.
It was moved by Davis, seconded by McCormick, that the
City Council at the project will not individually or
cumulatively have anadverseeffect on wildlife resources.
Motion carried.' The Mayor and Mayor Pro Tem abstained from
voting on this matter.
I ORDINANCE NO. 1100 - An Ordinance of the City
Council -of the City of Vernon Amending Chapter 26 of the Code of
the City of Vernon, California, 1959, by Adding Article VII To
Chapter 26 Relating to Outdoor Advertising Structures within the
City, Terminating the Moratorium Imposed by Ordinance No.'1083,
Deleting Sections 22.23, 22.24, 22.25, 22.26 and 22.27 of
Chapter 22 of the Code of the City of Vernon, California, 1959
Regarding 'Advertising Displays Adjacent to Landscaped,Freeways
and Repealing all Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title for a first reading.
It was moved by Gonzales, seconded by Davis; that
Ordinance No. 1100 be approved and adopted. Motion carried.
The Mayor and Mayor Pro Tem abstained from voting on this
matter.
Ayes; McCormick, Davis, Gonzales
Noes: None
Absent: None
Abstained: Malburg and Ybarra.
The City
y Clerk advised the City Council that the
following Bids for Contract No. 570, Bandini Blvd., Leonis
Blvd., 37th Street, and 38th Street Improvements, were received
and opened on April 7, 2004, and were given to the Community
Services and Water Department for review and recommendation:
Sully -Miller Contracting $2,067,000,00
All American Asphalt $2,130,433.26
Sequel Contractors, Inc, $2,135,974.00
Security Paving Company, Inc. $2,165,5.54.00
PALP Inc,, dba Excel Paving Co. $2,173,426.00
Shawnan $2,222,222.00
Page 10 of 20
Regular City Council Meeting Minutes
April 21, 2004
Communication from Bruce Olson, Chief of Police, dated
March 26, 2004, was presented, requesting authority and funds
for Sergeant Jerry Winegar to attend' the "Handle People with
Tact and Skill Seminar" at Santa Clarita on.May 5, 2004,,with an
expense allowance of $227.80-
It was moved by Davis, seconded by Ybarra, that
authority and.funds be approved for Sergeant Jerry Winegar to
attend the aforementioned seminar with an expense allowance of
$227.80. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 30, 2004, was presented, requesting authority and funds
for the below listed Dispatchers to attend the "Building Your
911 Liability Shield Training" at Ontario on May 26, 2004, with
an expense allowance of $132.60, of which POST will reimburse
$119.32 each.
• Belinda Mejia
• Norma Rodriguez
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for the above listed dispatchers
to attend the aforementioned training with an expense allowance
of $132,60, each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 30„ 2004, was presented, requesting authority and 'funds
for the below listed Dispatchers to attend the "Building Your
911 Liability Shield Training" at Ontario on May 27, 2004, with
an expense allowance of $132.60, of which POST will reimburse
$119.32 each.
• Debra Davis
+ Teresa Nelson
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the above listed dispatchers
to attend the aforementioned training with an expense allowance
of $132.60, each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 30, 2004, was presented, requesting authority and funds
for the below listed Dispatchers to attend the "Customer Service
the 911 Way Training" at Montebello on May 19, 2004, with an
expense allowance,of $113.40, of which POST will reimburse
$102.68 each.
• Cetissa Diaz -
• Alexandra Ronquillo
It was moved by Gonzales, seconded.by McCormick, that
authority and funds be approved for the above listed dispatchers,
to attend the aforementioned training with an expense allowance
of $113.40, each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
March 30, 2004, was presented, requesting authority and funds
for Court Officer Eliseo Genera to attend the "Annual Jail
Training for Supervisors" at Riverside on May 17 through 19,
2004, with an expense allowance of $500,,52.
Page 11 of 20
Regular City Council Meeting Minutes
April 21, 2004
It was moved by,Ybarra, seconded by.Davis, that
authority and funds be approved for Court Officer Eliseo Genera
to attend the aforementioned training with an expense allowance
of $500.52. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, 'dated April 1, 2004,-was presented,
requesting authority and funds for Information Technology
Analyst Vipul Patel to attend the "Envision Client Seminar" at
Fresno on April 27 and 28, 2004, with an expense allowance of
$381,20
It was moved by Gonzales, seconded by McCormick, that
authority and funds be approved for Information Technology
Analyst Vipul Patel to attend, the aforementioned seminar with an
expense allowance of $381.20. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 1, 2004, was presented,
requesting authority and funds for the below listed personnel to
attend the "Supporting, Troubleshooting, and Optimizing Windows
Server 2003 Seminar" at Pasadena on April 29 and 30, 2004, with
an expense allowanceof$841.14 and $824.40, respectively.
• Gus Gani, Information Technology Analyst
• Richard.Lujan, Information Technology specialist II
It was moved by Ybarra;, seconded by Davis, that
authority and funds be approved for the above listed personnel
to attend the aforementioned seminar with an expense allowance
of $841.14 and $824.40, respectively. Motion carried.
Communication from Bruce V. Malkenhorst, City
Admini trator/City Clerk, dated, April 1, 2004, was presented,
,requesting authority and funds for the below listed personnel to
attend the "Supporting, Troubleshooting, and Optimizing windows
Server 2003 Seminar" at Pasadena on May 6 and 7, 2004, with an
expense allowance of $820.16 and $833.32, respectively.
• John Salomon, Network Systems Administrator
• George Ning, Information Technology Specialist ;II
I't was moved by Davis, seconded by Ybarra, that
authority and funds be approved for the above listed personnel:
to attend the aforementioned seminar with an expense allowance
of $820.16 and $833.32,, respectively. Motion carried.
The City Clerk asked that the following communication
from the Fire Chief, dated April 1, 2004, be removed from the
agenda and no further action be taken at this time,,
Communication from Steven Parker, Fire Chief, dated
April 1, 2004, requesting authority and funds for the below
listed Firefighters to attend the "Emergency Trench Rescue &
Shoring Class" at Anaheim on April 19 and 2,0, 2004 with an
expense allowance of $175.00 each.
• David Hickman
• Tyler Shook
Page 12 of 20
Regular City .Council Meeting Minutes
April 21, 2004
It was moved by Ybarra,; seconded by Gonzales, that the
aforementioned communication from the Fire Chief, dated April 1,
2004, be removed from the agenda and no further action be taken
at this time. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated April 1, 2004, was presented,
requesting authority and funds for Environmental Health
Specialist Brett 'Koontz to attend the "Envision Client Seminar"
at Fresno on April 27 and 28, 2004, with an expense allowance of
$324,00
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Environmental Health
Specialist Brett; Koontz to attend the aforementioned seminar
with an expense allowance of $324.00, Motion carried.
Communication from Bruce Olson, Chief of Police, dated
April. 6, 2004, was presented, requesting authority and funds for
the below police personnel to attend the "EVOC Update - Pursuit
Driver Training" at San Bernardino on May 10, 2004, with an
expense allowance of $222.,80, of which Backfill Salary will
reimburse $32.76each.
• Michael Alway, Sergeant • Anthony Encinas, Police Officer
• Phillip, Swinford, Detective • Benjamin Potter, Police Officer
• Paul Cerda, Police Officer • Francesco Pirello, Police Officer
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned training with an expense
allowance of $222.80, each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 7, 2004, was presented,
requesting authority and funds for himself and'the below listed
city officials to attend the "California Contract Cities
Association 45th Annual Seminar" at Indian Wells on May 20
through 23, 2004, with an expense allowance of 41; .
$925.00„ $1,60200, and $1,255..00, respectively.
• William Davis
• W. Michael McCormick
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for the above listed City
Officials to attend the aforementioned seminar with an expense
allowance of $925,.00, $1,602.00, and $`1,255„00, respectively.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 7, 2004, was presented,
requesting authority and funds for City Official Hilario
Gonzales to attend the "California Contract Cities Association
45th Annual Seminar" at Indian Wells on May 20 through 22„ 2004,
with an expense allowance ,of f $1,375.00.
It was moved by Davis, seconded by Ybarra, that
authority and funds be approved for Councilman Hilario Gonzales
to attend the aforementioned seminar with an expense allowance
of $1,375.00, Motion carried.
Page 13 of 20
Regular City Council Meeting Minutes -
April 21, 2004
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 1,41 2004,' was presented,
requesting authority and funds for Senior Electronics Technician
Curtis Kirkland to complete the programming of the Plant
Controls System for Distributed Control System Configuration and
HMI Development for the MGS Control System at Hailey Idaho from
May 3 through 9, 2004,,,with an expense allowance of $1,098.19,:
It was moved by Ybarra,, seconded by Gonzales, that
authority and funds be approved for Senior Electronics
Technician Curtis Kirkland to complete the programming of the
Plant Controls SystemforDistributed Control System
Configuration and HMI Development for the MGS Control System at
Hailey Idaho with an expense allowance of $1,098'-.19. Motion
carried,
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 14, 2004, was presented,
requesting authority and funds for Senior Electronics Technician
Curtis Kirkland to attend the Factory Acceptance Test 'of the "'MGS
Control System Designed by Power Engineers, Inc., :at Hailey;
Idaho from June 7 through 11, 2004, with an expense allowance of
$1,257.27..
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Senior Electronics
Technician Curtis Kirkland to attend the Factory Acceptance Test
of the MGS Control System Designed by Power Engineers, 'Inc., at
Hailey, Idaho with an expense allowance of $1,257.27, Motion
carried:
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 15, 2004, was presented,
advising that the Director of Environmental Health is requesting
authorization to apply for a $15,000.00 Enforcement Agency Grant
from the California Integrated Waste Management Board (CIWMB) to
assist the department to meet State mandated responsibilities,
The department has received CIWMB grants for the last several
years and .it is hereby recommended that the Environmental Health
Department be authorized to submit the required documentation to
the CIWMB to be eligible to 'receive the requested grants for
fiscal year 2004-2005.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the City Administrator/City Clerk, dated
April 15, 2004, be received and filed and his recommendation be
approved. Motion carried.
RESOLUTION,NO. 8436 - A Resolution of the City
Council of the !City of Vernon Approving and Authorizing the
Execution of an Application for an Enforcement Assistance Grant
from the California Integrated Waste Management Board,' was
presented:
It was moved by Davis, seconded by McCormick, that
Resolution No. 8436 be approved and adopted. Motion carried.
Page 14 of 20
Regular City Council Meeting Minutes
April 21, 2004
Communication from Bruce V. Malkerhorst, Director of
Finance, dated April 15, 2004, was presented, transmitting the
Agenda for the Adjourned Regular City Council Meeting - Finance
Committee Section, to be held'on April 21, 2604, 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 City
Council Meeting - Finance Committee Section held on April 21,,
2004, be approved. Motion carried.
RESOLUTION NO. 8429 - A Resolution of the City
Council of the. City of Vernon Amending Schedule II, Exhibit "B,,"
Page 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 Gonzales, seconded by Ybarra, that
Resolution No. 8429 be approved and adopted. Motion carried.
RESOLUTION NO. 8432 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement for the Installation of Full Depth
Concrete Crossing Surface Material on 38°h Street And Vernon
Avenue:By and Between -the City of Vernon and the Burlington
Northern and Santa Fe Railway Company, was presented..
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8432 be approved and adopted. Motion carried.
RESOLUTION NO. 8433 - A Resolution of the City
Council of the City of Vernon Approving and Ratifying the
Issuance of a Purchase Order to A J General Engineering
Contractors, Inc. for Performance of Emergency Sewer Repairs,
was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8433 be approved and adopted. Motion carried.
RESOLUTION NO. 8434 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing'the
Execution of a Letter Agreement By and Between the City of
Vernon and Selman-Breitman LLP, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8434 be approved and adopted. Motion carried.
RESOLUTION NO. 8435 A Resolution of the City
Council of the City of Vernon Approving and Ratifying the
Execution of Amendments to Contract for Procurement,
Construction and Startup By and Between the City of Vernon and
Marelich Mechanical Co,.,, Inc_ dba University Marelich
Mechanical & Galliera, Inc., dba Trico Construction, was
presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 8435 be approved and adopted. Motion carried..
Page 15 of 20
Regular City Council Meeting Minutes
April 21, 2004
RESOLUTION NO. 8437'- A Resolution of the City
Council of the City of Vernon Approving and Ratifying the
Withdrawal from the Independent Cities Risk Management Authority
Property Insurance Program and Liability Pool and Authorizing
the City Administrator to do all Other Acts Deemed Necessary or
Advisable to Complete the Withdrawal, was presented'.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8437 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 15, 2004, was presented, transmitting the
Agenda for the Regular City Council Meeting - Personnel
Committee Section, to be held on April 21, 2004, for approval of
the recommendations contained therein."
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the Agenda for the Regular City Council
Meeting = Personnel,Committee Section held on April 21, 2004,',be
approved. Motion carried.
City of Vernon Warrant Register No. 1135 covering
claims and demands presented during the period of MARCH 18, 2004
through APRIL 01, 2004 drawn on Bank of America totaling
$677,483.11, which includes demand Nos. 300001 through 300226
(inclusive), and also excluding, Void demands, as listed below.
(Accounting period APRIL 2004): ,
3'00001
300002
300003
300004
300005
300006
300007
300008
300009
300010
300011
300012
300013
300014;
300015
300016
300017
300018
300019
300020
300021
300'022
300023
300024
300025
300026
300027
300028
300029
300030
300031
300043
300045
300057
3000518
300077
300078
300079
300084
300089
300105
300106'
300107
300108
300109
300110
It was moved by Ybarra, seconded -by Davis, that City
of Vernon Warrant Register No. 1135 be approved and payment
authorized for claims and demands totaling $677,483.11,
excluding Light & Power demands and voided checks as listed
above.. Motion carried.
Light & Power of the City of Vernon Warrant Register
No.100 covering claims and demands presented during the period
of MARCH 18, 2004 through APRIL 01, 2004 drawn on Bank of
America totaling'$5,316,646.90, which includes Demand Nos:
500001 through 500079 (inclusive), and also excluding Void
Demands Nos.,>as listed below. (Accounting period APRIL 2004);
500001 500002 500003 500004 500005 500005
500007 500008 500009 5000,10 500011 500012,
500013 500014 500015 500016 500017 500018
500019 500020 500021 500022 500023` 500024
500025 500026 500027 500048 500049 500050
500051 500052 500053 `500054 50.0055 500056
500057 500658 500059 500060 500061 500062
500063
Page 16 of 20
Regular City Council Meeting Minutes
April -21, 2004
It was moved .by McCormick, seconded by Gonzales, that
Light & Power of the City of Vernon Warrant Register_ No. 100 be
approved and payment authorized for Light & Power's claims and
demands totaling $5,316,646.00, Motion carried,. Councilman_
Davis abstained from voting and disqualified himself because it
is reasonably foreseeable that the decision may have a material
financal.effect on his source of income`.
City of Vernon Warrant Register No. 1136 covering
claims and demands presented during the period of APRIL '02, 2004
through APRIL 14, 2004 drawn on 'Bank of America totaling
$601,992.60, which includes Demand Nos.. 300227 through 300430
(inclusive), and also excluding, Void Demand Nos. as listed
below. (Accounting period APRIL 20`04)
300288 300289 300290 300291 300292 300293
I-t•was moved by Davis, seconded by Gonzales, that 'City
of Vernon Warrant Register No. 1136 be approved and payment
authorized for claims and demands totaling $601,992.60,
excluding Light & Power demands and voided checks as listed
above, Motion carried.
Light & Power of :the City of Vernon Warrant Register
No. 101 covering claims and demands presented during the period
of APRIL 02, 2004fthrough APRIL 14, 2004 drawn on -Bank of
America totaling $3,087,320.28, which includes Demand Nos:
500080through 500140 (inclusive), and also excluding Void
Demands Nos.,;, as listed below. (Accounting period APRIL 2004)::
500103 500104 50010,5 500106 500107 500108
It was moved by Ybarra, seconded by McCormick, that
Light & Power of the City of Vernon Warrant Register No. 101 be
approved and payment authorized for Light & Power's claims and
demands totaling $3,087,320.28, Motion carri ed. 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 City of Vernon Warrant Register No.574
covering claims and Demands Presented during the period of
FEBRUARY 08, 2004, through MARCH 06, 2004, drawn on Wells Fargo
Bank totaling $1,995,595.21, which includes Demand Nos.'8518'
through 8552, (inclusive) (Accounting period MARCH 2O04).
It was moved by Gonzales, seconded by Ybarra, that
Payroll City of Vernon Warrant Register No. 574 be approved and
payment authorized for claims and demands totaling
$1,995,595.21. Motion carried.
The Mayor called.a short recess at 6:25 p.m.
The City Council reconvened in regular session at 6:32
p.m., all members present before the recess again being present.
The City Clerk announced that now was the time to go
into closedsessionon Item No.. 1.-
Page 17 of 20
Regular City Council Meeting Minutes
April 21, 2004
It was moved by Davis, seconded by Gonzales, that the
City Council go into closed session on Item No. 1, the time
being 6:32 p.m,. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
Director of Community Services & Water, Assistant to the Chief
Deputy City Clerk, and Utilityman IV.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code 'Section
54957;
a; EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE,
b. EMPLOYEE PERFORMANCE EVALUATION
The Utilityman IV was excused from closed session at
6:36 p.m.
The Director of Community Services & Water was excused
from closed session at 6:37 p.m.
It was moved by McCormick, seconded by Davis, that the
Council go out of closed session on Item No. l and resume
regular session, the time being 6:37 p.m.
The City Clerk announced that there was nothing to be
discussed on Item No. 2.
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 announced that now.was the time to go
into closed session on Item Nos. 3 and 4.
It was moved by Ybarra seconded by Gonzales, to go
into closed session on Item Nos. 3 and 4, the time being 6:37
p.m. Motion carried-.`
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
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
Page 18 of 20
Regular City Council Meeting Minutes
April 21, 2004
(a) David Venegas, et;al.y.. City of Vernon, LASC No: BC
207136'
(b) Vernon v., Regional Water Quality Control Board; Nose.
A-1280, A1280(a) and A-1280(b);
(c) 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;
(d) FERC Docket No. BR00-2019-000 (IS.O'),; 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)
(e) The Burlington Northern and Santa Fe Railway Company
v. City of, Vernon; USDC No. CV-00-12891 NM (AJWx)';
(f) Sterling Davis v. City of Vernon, et al., USDC No. CV
01-01602 DDP (AJWx);
(g) Cities of Arcadia, et al. v. The California Regional
Water Quality Control Board, etc., ,et al.. LAsc No BC
245633;
(h) Central and West Basin Water ReOlenishment District
etc,., v. Charles E. Adams, et al, LASC No, C 786656;
W Department of Water Resources.v. ACN Energy, Inc., et.
al., Case No. 01AS05497;
M Aucensio Saucedo Lopez v. Vernon; LASC No.. 02CO0862
(H.P. District);
(k) Vernon v. SoCalGas, E1 Paso Natural- Gas, et al., Case
No. BC 265905;
(1) Jessica Rodr quez v. Vernon; WCAB Case No, RIV
0056007;
(m) Enron Power Marketina Inc. v. Vernon; USBC Adversary
Proceeding No. 03-03131 (AJG);
(n) Mirant Americas Enemy Marketing, LP v. Vernon; USBC
Adversary Proceeding NQ, 03-04440-dml;
(o') Jessica Rodriguez v. Vernon;; LASC No. BC298890;
(p) Lexington°Insurance Company v. Vernon; Norwalk
Superior Court No. VC 040647;
(q) Vernon v. Scott Co., et al,,, LASC No. BC 300307;
(r) CPUC No. 03-.09-068 (SoCalGas BCAP);
(s') Luther Caston v. Vernon:, et al.; LASC No.. BC 295361;
(t) Penn -America Insurance CoVanyv. Vernon, LASC No,; BC
306257;
(u) George C. Kim dba_Korean Maintenance Co. v. Vernon;
LASC No. BC309589;
(v) Greg Lynch v. Vernon; WCAB No VNO 459075;
4.. With respect to every item of business to be
discussed in closed session pursuant to Government Code Section
54956.95:<
LIABILITY CLAIMS
Claimant: PAUL SCARZO
Agency Claimed Against; CITY OF VERNON
It was moved by Ybarra, seconded by Gonzales, that the
City Council go out of closed session on Item Nos. 3 and 4 and
resume regularsession, the time being 6:50 p.m. Motion
carried.
Page 19: of 2[0
Regular City Council Meeting Minutes
April 21, 2004
I't was reported out that the City Council had a
'conference with the City Attorney with respect to pending
litigation matters, WCAB Case No. RIV OOS6007 and LASC No.
BC29`8890 and direction was given to the City Attorney.
It was mov ed by McCormick, seconded by Davis, that the
Liability Claim from Paul Scarzo be rejected_ Motion carried.
It was moved by Ybarra, seconded by Davis, that the
discipline recommended for the Utilityman IV be approved..
Motion carried.
Leonis C. Ma burg
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
Page 20 of 20