20040602 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
JUNE 2, 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, 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 Adjourned Regular City Council Meeting held,May
26, 2004, be approved and adopted as submitted. Motion carried.
The Mayor presented a Service Pin to the following
employee and extended congratulations on behalf of the entire
City Council,
Manuel Garcia Generation opts. Mgr./MGS Project Mgr. 20 years
The .following employee was unable to attend the
meeting and his service pin was accepted by his respective
department head.
Vincent Rodriguez Project Engineer 20 years
The City Clerk advised that now was the time to
present the Awards to the graduates from the Vernon Elementary
School "D.A.R.E." (Drug Abuse Resistance Education) Program and
the following specific students for their outstanding essays
regarding their experience in the 'program.
Lieutenant Towles addressed the City Council and
summarized the details of this event-
.D`.A..R.E. Officer Maria Garcia and Mayor Malburg
presented the awards to the winners who were present::
D,A.R,E Award Winners:
Mr. Yamaguchi's Class:
David Arzac
Karen Gonzalez
Mrs. Santa Cruz' Class:
Guadalupe Prieto
Erick Estrada
Grand' Price Winner Emory Griffin from Mr. Yamaguchi's
class .was not present; however, officer Garcia advised that she
would ensure that his prize be delivered to him.
Police Department Activity Log for the period May 16 -
through 31, 2004, was :presented.
It was moved ;by McCormick, seconded by Davis, that the
Police Department Activity Log for the period May lb through 31,
2004, be received and filed. Motion carried.
Fire Department Activity Report for the period May 16
through 31, 2004, was presented.
Regular City Council Meeting Minutes
June 2, 2004
It was moved by Gonzales, seconded by Ybarra, that the
Fire Department Activity Report for the period May 16 through
31, 2004, be received and filed. 'Motion carried.:
The City Clerk advised that now was the time to open
the public hearing to obtain testimony from affected and/or
interested persons regarding the application submitted by
Southern California Edison for a franchise in the City of
Vernon.
It was 'moved by Ybarra, seconded by Gonzales, to open
the public hearing the time being 5:12 p.m. Motion carried.
Ron Garcia, Region Manager of Southern California
Edison, introduced himself, addressed the City Council, and
updated them on the California Public Utility Commission's'
decision on shifting costs from :one utility to another for costs
incurred in 2000-2001. Mr. Garcia also updated the City Council
on AB2006, The Reliable Affordable Electric Action 2006. Mr'.
Garcia thanked the City Council for their consideration on the
franchise application submitted by Edison.
Communisation from Bruce V. Malkenhorst, City _
Administrator/City Clerk, dated April 29, 2004, was presented,
advising that on April 7, 2004, this legislative body approved
Resolution No. 8423 declaring the City's intention to grant a
franchise to Southern California Edison Company in conformance
with the 1997 Supplement Restructuring Agreement approved on
September 16, 1997.IThe-franchise will allow Edison to
construct and use poles, wires, conduits and appurtenances,
including necessary communication circuits in, along, ,across,,
upon,:over and under the streets within the City of Vernon for
the purpose of 'transmitting and distributing electricity through
the City, but not to serve retail, wholesale., resale or other
e-lectric customers located in the City.
This has been reviewed by the City Attorney and it is hereby
recommended that the franchise with Southern California Edison
be approved.
It was moved by McCormick, seconded by Gonzales, to
close the public hearing, the time being 5:16 p.m. Motion`
carried.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated April 29, 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. Councilman Davis abstained from
voting on this matter.
ORDINANCE NO. 1101 - An Ordinance of the City Council
of the City of Vernon Granting to Southern California Bison
Company, Its Successors and Assigns, a Franchise to Use and to
Construct and Use Poles, Wires, Conduits and Appurtenances,
Including Communication Circuits Necessary or Proper Therefore,
In, Along, Across, Upon, Over and Under. the Public Streets, Warr,
Alleys and Places Within the City of Vernon for Transmitting and
Distributing Electricity Through the City of Vernon, but not to
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Regular City Council Meeting Minutes
June 2, 2004
Serve Retail,,Wholesale, Resale or Other Electric Customers
Located in the City of Vernon, was read by title for a first
reading. Councilman Davis abstained from voting on this matter,
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1101 be approved and adopted, Motion carried.
Councilman Davis abstained from voting on this matter.
Ayes:Malburg, Ybarra, McCormick, and .Gonzales
Noes: None
Absent: None
Abstained: Davis
The City Clerk advised that now was the time to open
the public 'hearing to consider termination of a City of Vernon
Standard Non -Exclusive Franchise Agreement for Solid Waste
Management Services for Southern California Environmental, Inc.
It was moved by Davis, seconded by Ybarra, to open the
public hearing the time being 5:l p.m." Motion carried,,
The Director of Environmental Health Lewis Pozzebon
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City
Administrator/.City Clerk, dated May 25, 2004, was presented,
advising that on February 15, 2000, Southern California
Environmental, Inc., entered into a Non -Exclusive Franchise
Agreement for Solid Waste Management Services with the City of
Vernon. The Health Department's records indicate that Southern.
California Environmental, Inc_, continues to be out of
compliance with the terms and conditions of the agreement on the
following items,
• Failure to maintain a viable performance bond
• Failure to submit timely reports
• Failure to submit franchise fee payments
This has been reviewed by the Director of Environmental Health
and the City Attorney and it is hereby recommended that the Non -
Exclusive Solid Waste Franchise Agreement with Southern
California Environmental, Inc., be terminated.
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 Gonzales, seconded by Davis, to close
the public hearing, the time being 5:20 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City
Administrator/City Clerk, dated May 25, 2004, and any and all
supportingdocumentssubmitted as evidence during the public
hearing be received and filed and his recommendation be
approved. Motion carried.
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Regular City Council Meeting Minutes
June 2, 2004
RESOLUTION NO- 8455 - A Resolution of the City Council
of the City of Vernon Terminatingthe Non -Exclusive Solid Waste
Franchise Granted to Southern California Environmental,, Inc. by
the City of Vernon Pursuant to Resolution No. 7494, was
presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. `8455 be approved and adopted. Motion carried.
The City Clerk advised that now was the time to open
the public hearing to consider the adoption of a resolution
adjusting health permit fees pursuant to Sections 11.9.4, 13.8,
13.34 13.55, and 24.12-4 of the Vernon City Code,.
It was moved by McCormick, seconded by .Gonzales, to
open the public hearing the time being 5.20 p.m. Motion
carried.
The Director of Environmental Health Lewis Pozzebon
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 25, 2004, advising that on
May 4, 2004, the Finance Committee recommended that the Health
Permit Fees be increased five (5) percent. A Notice of Public
Hearing was posted on May 12, 2004, in order to obtain public
input pertaining to the proposed fee increase. it is hereby
recommended; that the Health Permit Fees be 'increased effective
June 1, 2004.
The Mayor asked,if anyone in the audience had any
questions regarding this matter.
There was no one wishing to make any comments
It was moved by McCormick, seconded by Ybarra, to
close the public hearing, the time being 5:25 p.m. Motion
carried.
It was moved by Gonzales', seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 4, 2004, and any, and all supporting documents
submitted as evidence during the public hearing be received and
filed and his recommendation be approved. Mot --ion carried.
RESOLUTION NO. 8451 - A Resolution of the City Council
of the City of Vernon Establishing Health Permit, Hazardous
Materials Establishment Permit, and Application Fees for Permits
Granted by the City of Vernon Pursuant to Sections 71.9.4, 13.7,
13.31, 13.53, 25.12 and 25.13-6 of the Vernon City Code and
Repealing Resolution No; 7779, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8451 be approved and adopted. Motion carried.
The City Clerk advised that now was the time to open
the public hearing to consider a Resolution to Adopt an
Amendment for the Non -Disposal Facility Element (NDFE) for the
City of Vernon.
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June 2, 2004
I't was moved by McCormick, seconded by Davis,. to open
the public hearing the time being 5:26 p.m. Motion carried,
The Director of Environmental Health Lewis Pozzebon
addressed the City Council and briefly summarized this matter.
Communication from; Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 25, 2004, was presented,
advising that at this time it is necessary that the amendment to
the City of .Vernon's Non -Disposal Facility Element '(NDFE,) be
approved due to the expansion of Innovative Waste Control, Inc.,
a large volume solid waste transfer station located at 4133
Bandini Blvd. in; the City of Vernon.
This has been reviewed by the Director of Environmental Health
and the City Attorney and it is hereby recommended that the
amendment to the City of Vernon's NDFE be approved.,
The Mayor asked if anyone in the audience had any
questions regarding this matter.
There was no one wishing to make any comments.
It 'vas moved by Davis, seconded by McCormick, to close
the public hearing, the time being 5:28 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 25, 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. 8450 A Resolution of the City Council
of the City of Vernon Adopting an Amendment to the City of
Vernon's Non -Disposal Facility Element Pursuant to Public'
Resources Code Section 41730et seq, was presented'.
It was moved by Gonzales, seconded by Ybarra; that
Resolution No. 8450 be approved and adopted. Motion carried.
The City Clerk advised that now was the time to open
the public hearing to consider an adoption of an ordinance
amending Section 26.4.E-3(b) of the Comprehensive Zoning
Ordinance of the City of Vernon to delay the compliance date of
Ordinance No4 752.
It wasmovedby Ybarra, seconded by Davis, to open the
public hearing the time being 5:20. p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter.
Communication from Kevin Wilson, Director of Community
Services and Water, dated May 26, 2004,`was presented, advising
that the City of Vernon is proposing to adopt an ordinance
amending Section 26.4.E-3(b) of the Comprehensive Zoning
Ordinance of the City of Vernon to delay the compliance date of
Ordinance No. 752 to coincide with the off-street parking and
loading requirements established in Section 26.4.6-4(b) which
is August 19, 2009. As part of the project, the City Council
must adopt a Negative Declaration for the project'. An initial
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Regular City Council Meeting Minutes
June 2, 2004
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;°
L. Staff Report dated May 26, 2004
2; Notice of Public Hearing, Notice of Intent, Affidavit
of Posting, Affidavit of Mailing and Declaration of
Publication.
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 Ordinance No. 1103 be adopted
subject to the following terms:
1 That the project is consistent with the General Plan
as adopted by the City of Vernon.
2 That the project will not have a significant effect on
the environment.
3. That the project will not individually or cumulatively
have an adverse effect on wildlife resources.
It is further recommended that a Negative Declaration be adopted
and that a Notice of Determination and a DeMinimus Finding be
filed with the County Clerk.
Mr. Steve Freed, property owner and also representing:
the Vernon Property Association, introduced himself and
addressed the City Council to express his support on this
amendment and commended the Police and Fire Departments for the
outstanding services they provide to the community.
Anthony Brodnick, property owner, addressed the'City
Council and expressed that the new Ordinance imposed by the City
really creates hardship on small businesses
Mr. Michael Gelskey introduced himself and addressed
the City Counciltoreiterate the commendation to the Fire and
Police Departments on the excellent service they provide to the,
community and also commended the Light & Power Department for
providing uninterrupted service.
Mr. Chris McWilliams, representing the Vernon Chamber'
of Commerce, introduced himself and addressed the City Council
to express his support of this matter.
The Mayor asked if 'anyone in the audience had any
questions regarding this matter.
There was no one wishing to make any comments.
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Regular City Council Meeting Minutes
June.2, 2004
It was moved by Davis, seconded by Ybarra, to open the
public hearing the time being 5:46 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
project is consistent with the General Plan as adopted by the
City of Vernon.
It was moved by McCormick, seconded by Ybarra, that
the project will not have a significant effect on the
environment:
It was moved by Ybarra, seconded by Davis, that the
project will not individually or cumulatively have an adverse
effect on wildlife resources.
It was moved by McCormick, seconded by Gonzales, that
a Negative Declaration be adopted and that a Notice of
Determination and a DeMinimus Finding be filed with the County
Clerk.
It was moved by McCormick, seconded by Ybarra, that -
the aforementioned communication from the Director of Community
Services and.Water, dated May 26, 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.
ORDINANCE NO, 1103- 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 Amending Section 26.4.6-
3(b) of said Code Regarding the Removal of Nonconforming
Building, Structures and Uses 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 Ybarra, that
Ordinance No. 110'3'be approved and adopted. Motion carried..
Ayes: Malburg, Ybarra, McCormick, Davis and Gonzales
Noes: None
Absent: None
Abstained'., None
The City Clerk advised that now was the time to open
the public hearing to consider a variance application for
Infinity Holdings, LLC, from Section 26.A.2-8(c) of the
Development Standards of the Comprehensive Zoning Ordinance to
utilize two (2`) non conforming truck -loading spaces...,
It was moved by Ybarra, seconded by Davis, to open the
public hearing the time being 5:47 p.m. Motion carried.
The Director of Community Services and Water addressed
the City Council and briefly summarized this matter.
Communication from Kevin Wilson, Director of Community
Services and Water, dated May 26, 2004, was presented, advising
that Infinity Holdings, LLC., has requesteda. variance from the.
Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development
Standards for the property located at 2201 38th Street in the
City of Vernon. The variance will allow the use of two (2) non -
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Regular City Council Meeting Minutes
June 2, 2004
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 May 5, 2004.,.
2. Request for variance application permit and
information 'supporting the application.
3.; Notice of Public Hearing, copies of notification
letters 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. 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 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 occupants
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,
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June 2, 2004,
g This variance shall only be valid while Infinity
Holdings, LLC., remains the owner of the property. A
new variance will be required uponchangeof
ownership
h. All existing and future tenant's 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 38th Street.
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
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, Infinity Holdings, 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.
There was no one wishing to make any comments.,
It was moved by McCormick, seconded by Gonzales, to
close the public hearing, the time being 5:55 p.m.- Motion
carried.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Di -rector of Community
Services and Water, dated May 26, 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. 8445 - A Resolution of the City Council
of the City of Vernon Granting a Variance to`Infinity Holdings,
LLC., from Section 26.4.2-8(c) of the Comprehensive Zoning
Ordinance, for the property located at 2201 38'th Street in the
City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No.. 8445 be approved and adopted. Motion carried.
The City Clerk advised that now was the time to open
thepublichearing toconsiderthe expenditure of Citizens
Options for the Public Safety (COPS') funds provided by Senate
Bill 832.
It was moved by McCormick, seconded, by Gonzales, to
open the .public hearing the time being 5:59 p;.m. Motion
carried.
The Chief of Police addressed the City Council and
briefly summarized this matter.
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Regular City Council Meeting Minutes
June 2, 2004
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 25, 2004, was presented,
advising that in November 2003, the City received $100,000.00 of
the State's Citizen Options for Public Safety (COPS) fund
provided by Assembly Bill 823 to be allocated for frontline law
enforcement services including -but not limited to personnel,
equipment, and programs; said funds must be spent before June
30, 2005. The Police Department is requesting authorization to
utilize COPS funds in support of the purchase of a new E 9-1-1
system. The new system will improve the department's ability to
respond to emergency calls for service.
This has been reviewed by the City Attorney and it is hereby
recommended that the Police Department be authorized to utilize
COPS funds for the support of the purchase of a new E"9-1-1
system.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
There was no one wishing to make any comments.
It was moved.by Davis, seconded by Ybarra, to close
the public hearing, the time being 5'-:59 p.m.. Motion carried.
It was moved by McCormick, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated May 25, 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. 8452 - A Resolution of the City Council
of the City of Vernon Providing for the Implementation of the
Citizens Option for Public Safety (COPS) Program, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8452 be approved and adopted. Motion carried.
The City Clerk asked that the following communication
dated May 20., 2004, and Resolution No. 8448 be deferred to the -
next council meeting.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 20, '2004, advising that at '
this time it is necessary that a resolution be adopted to
express the City's desire to advance and protect its employment
base by providing financial economic advantages to that
employment base through the creation of a Development Trust.
This program will also allow the City to create support for
existing industries located within the City that are utilizing
the power from the Malburg Generating Station Project.
This has been reviewed by the City Attorney and it is hereby
recommended that the following resolution be approved. (Deferred
from City Council Meeting held May 26, ;2004.)
RESOLUTION NO. 8448 - A Resolution of the City Council
of the City of Vernon Declaring its Intention to Create a
Development Trust that is Empowered to Act for and on Behalf of
the City under the Direction of the City Council Utilizing the
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June 2, 2004
Credit and Security of the City to Accomplish the. Goal of
Industrial Development. (Deferred from City Council Meeting
held May 26, 2004.)
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication, dated May 20, 2004, and Resolution
No. 844$ be deferred to the next council meeting. Motion
carried.
Communication from ,Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 24, 2004, was presented,
advising that the City has obtained a Grant in the amount of
$5,457.00 from the Office of Criminal Justice Planning for the
Juvenile Accountability Incentive Block Grant Program. The
Police Department is requesting that the funds be released to
the Los Angeles County District Attorney's Office to be used for
matters relating to the suppression of juvenile delinquency.
This has been reviewed by the City Attorney and it is hereby
recommended that the City release said funds to the.Los Angeles
County District Attorney's Office and that the following
resolution be approved.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City
Administrator/City Clerk, dated May 24, 2004, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8453 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Waiver for Year Six of the Juvenile Accountability Incentive
Block Grant Program, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8453 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 24, 2004, was presented,
advising that P & O Cold Logistics has requested an additional
one-year permit extension for their temporary office trailer
located at 342Q Vernon Avenue. They are currently-
building
offices to replace the trailers, which will take approximately:
three :to four months. This :has been reviewed by the Director of
Community Services and Water and it is hereby recommended_ that
the trailer permit he extended through April 30, 2005,,
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/'City
Clerk, dated May 24, 2004, be received :and filed and his
recommendation approved. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
May 20, 2004 was presented, requesting authority and funds for
the below listed police personnel to attend the "Tactics Covert
Crisis Entry Training" at Orange on June 22 and 23, 2004, with
an expense allowance of $311.40, of which POST will reimburse
-
$302.44 each.
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• Michael Gi-llman, Lieutenant • Phillip Swinford, Detective
• Fernando Rodriguez, Sergeant • Inez Aragon, Detective
• Brandon Gray, Detective • Nicholas Perez; Detective
• Daniel Santos, Detective • Edward Hernandez, Police Officer
It was moved by McCormick, 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 $311.40 each, Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 24,, 2004, was presented,
requesting authority and funds for the below listed City
Officials to attend the "Independent Cities Association - 44th
Annual:Seminar" at San Diego on July 7 through 11, 2004, with an
expense allowance of $1,899.50 each.
• Leonis Malburg, Mayor • William'Davis, Councilman
• Thomas Ybafra, Mayor Pro'Tem • Michael McCormick, Councilman
• Hilario Gonzales, Councilman
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the above listed City
officials to attend the aforementioned seminar with an expense
allowance of $1,899.50 each.. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk; dated May 24, 2004, was presented,
requesting authority and funds for himself to attend the
"Independent Cities Association - 44th Annual Seminar" at, San
Diego on July 7 through 11, 2004, with an expense allowance of
$1,084.50,
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for City Administrator/City
Clerk Bruce V. Malkenhorst to attend the aforementioned seminar
with an expense allowance of $1,084.50. Motion carried.
Communication from Lewis Po;zzebon, Director of
Environmental Health, dated May 24, 2004, was presented,
requesting authority and funds for Environmental Health
Specialist Jerrick Torres to attend the `Grammar & Writing
Skills & Technical Writing Workshop" at Pasadena on July 12
through 14, 2004 with an expense allowance of $591.-,00:,
It was; moved by Ybarra, seconded by Davis, that
authority and funds be approved for Jerrick Torres to attend the
aforementioned workshop with an expense allowance of $591.00.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated May 25, 2004, was presented,
requesting authority and funds for Operations Engineer Viet
Nguyen to attend the "Fault Location 2004 Training Workshop" at
West Lake on June 22, 2004,` with an expense allowance of $75.50
It was moved by McCormick, seconded -by Gonzales, that
authority and funds be approved for Viet Nguyen to attend the
aforementioned workshop with an expense allowance of $75.50.
Motion carried:
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June 2, 2004
:Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 27, 2004, was presented, transmitting the
Agenda for the Adjourned City Council Meeting - Finance
Committee Section, to be held on June 1, 2004, for approval of
the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, that the
recommendations on the Agenda for the Adjourned City Council
Meeting - Finance Committee Section, held on June 1, 2004, be
approved. Motion carried.
The City Clerk asked that the following resolution be
deferred to the next council meeting.
RESOLUTION NO. 8449 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. One to Lease Agreement and Waiver of
Responsibility and Release of Liability By and Between the City
of Vernon and Charles D. Perry III for the Malburg Generating
Station Project, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 8449 be deferred to the next council meeting.
Motion carried.
RESOLUTION NO. 8454 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8439 to Approve
and Authorize Notice Inviting Sealed Proposals or Bids for the
Purchase of One 2004 Chevrolet Trailblazer for the Police
Department, was presented.
It was, moved by Davis, seconded by Ybarra, that
Resolution No. i8454-be approved and adopted. Motion carried.
RESOLUTION NO. 8456 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
Standard Offer Agreement and Escrow Instructions for Purchase of
Real Estate and Other Related Documents By and Between the City
of Vernon and Standard Paper Box Corp. for Property Located at
2301 East Vernon, was presented.
It was moved by Gonzales;, seconded by McCormick, that
Resolution No.,' 8456 be approved and adopted.. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 27, 2004, was presented, transmitting the
Agenda for the Regular City Council Meeting Personnel
Committee Section, to be held on June 2,'2004,' for approval of
the recommendations contained therein.
It was -moved by Ybarra, seconded by Gonzales, that the
recommendations on the Agenda for the Regular City Council
Meeting - Personnel Committee Section, held on June 2, 2004, be
approved. Motion carried.
City of Vernon Warrant Register No. 1139 covering
claims and demands presented during the period of May 20, 2004
through May 26, 2004 drawn on Bank of America totaling
$466,840.15., which includes Demand Nos:. 300960 through 3°01060
(inclusive), and also excluding, Void Demand Nos. as listed
below. (Accounting period JUNE 2004):
Page 13 of 15
Regular City Council Meeting Minutes
June 2, 2004
3009BI 300982 300983 300984 300985 300986
300987 30098`8 30098S9 300990 300991 3`00992
300993 300994
It was moved by Ybarra, seconded by Davis, that the
City of Vernon Warrant Register No. 1139 be approved and 'payment
authorized for claims and demands totaling $466,840.15,
excluding Light & Power demands and voided checks as l sted
above.' Motion carried.
Light & Power of the City of Vernon Warrant Register
No.: 104 covering claims and demands presented during the period
of May 20, 2004 through May 26, 2004 drawnonBank of America
totaling $4,897,169.85, which includes Demand Nos. 500260
through 500282 (inclusive), and also excluding Void Demands
Nos., as listed below. (Accounting, period JUNE 2004);:
500271 500272 500273 500274 500275 500276
It was moved by McCormick, seconded by Gonzales, that
the Light & Power of the City of Vernon Warrant Register No. 104
be approved and payment authorized for Light & Power's claims
and demands totaling $4,897,169.85.. Motion carried. Councilman
Davis abstained from voting and disqualified himself because it
is reasonably foreseeable that the decision may have a material
financial effect on his source of income.
The Mayor called a short recess at 6:15 p.m.
The City Council reconvened in regular session at 6.18
p.m., all members present before the recess again being present.
The City Clerk announced that now was the time for
anyone in the audience who wished to address the City Council on
any item on the agenda other than with regard, to any public.
hearings that may be listed.
The Mayor asked if there was anyone in the audience,,
who wished to address the Council at this time. No one in the
audience wished to address the Council.
The City Clerk announced that now was the time to go
into closed session with respect to existing and anticipated
litigation matters,
It waS moved by Gonzales, seconded by Davis, to go
into closed session with respect to existing and anticipated
litigation matters, the time being 6:18 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 subdivi:s.ion (a) of
Government Code 54956.9,
Page 14 of 15
Regular City Council Meeting Minutes
June 2, 200-4
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a)
LASC No. BC 207136;
(b)
Nos. A-1280, Al280(a) and A-1280(b);
(c)
LASC Case No. BC 238846 cons.. `with LASCCaseNo. BC
238841;;
(d)
FERC Docket Nos, ER00-2019/EL00-105; ELOO-95 cons.
w/ELO'0-98; EL03-54;
, 7' (e)
USDC No,. CV-00-12891, NM (AJWx)
(f)
USDC No. CV-01-01602 DDP: (AJWx);
(g)
LASC No BC 245633;
(h)
LASC No. C 786656;
(i).
Case No, 01ASO5497;
(j) .LASC
No. 02CO0862;
(k)
Case `No. BC 265905, -
(1>)
USBC Adversary Proceeding No 03-0313,1 ('AJG);
(m)
USBC Adversary Proceeding No..03-04440-dm1,
(n)
NSC No. VC 040647;
(o)
LASC No. BC 300307;
(p)
CPUC No., 03-09-008;
(q)
LASC No. BC 295361
(r)
LASC No. BC 306257;
(s)
LASC No. BC 309589;
(t)
WCAB No, VNO 459075;
(u)
LASC No., BC 313861;
(V)
WCAB No. Unassigned (Lonal White,);.
4. With respect to every item of business.to be
discussed
in closed session pursuant to subdivision (b) of
Government
Code 54956.9.:
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation; one (1) potential
case,
It was moved by Ybarra, seconded by Davis, that the: City
Council go out of ,closed session with respect to existing and
anticipated litigation matters, and resume regular session, the
time being 6:20 p.m. Motion carried.
It was reported out that the City Council had a
r conference with the City Attorney in closed session and
direction was given to the City Attorney to take appropriate
action in the matters of WCAB No. Unassigned (Lonal White) and
the anticipated litigation matter. No action was taken on the
remaining of the existing litigation matters.
There being no further business to come before the City
Council at this time, it was moved by McCormick, seconded by
Gonzales, that the meeting•be adjourned., the time being 6:21 p.m.
Motion carried.
C
eenis C. Mal urg
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
Page 15 of 15