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20011017 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 17, 2001, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held October 3, 2001, be approved and adopted as submitted. Motion carried. The City Council announced that now was time to introduce and present the badges to the firefighter graduates. Fire Chief Parker gave a brief summary to the City Council and spoke on the training the firefighters went through. The Mayor presented the badges to the following firefighters: Matthew Brunsmann Troy Durbin James Espalin Robert Hawkins David Kang Gregory Lynch Scott Metz Jason Rosa Larry Walker Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2001, was presented, advising that the below listed employees qualified in the month of September 2001 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/Yrs 09/28/98 Brett Koontz Environmental Specialist 3 02/25/91 Leonard Grossberg Environmental Specialist 3 06/24/98 Leo Lee Code Enforcement Inspector 3 07/23/90 Sharon Capper Customer Service Representative 5 05/19/91 Gerardo Farias Utilityman IV 5 11/02/92 Thomas Egan Firefighter 6 O1/07/91 Anthony Rotell Firefighter 6 09/12/94 David Koltvet Firefighter 7 O1/06/86 Lewis Pozzebon Director of Environmental Health 8 08/17/87 Michael Busch Fire Captain 10 06/29/87 Michael Gillman Lieutenant 10 07/01/79 Charla Duncan Secretary 18 The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. Regular City Council Meeting Minutes October 17, 2001 The following employees were unable to attend the meeting and their awards were accepted by their respective department head. 08/17/87 Robert Faldetta Lieutenant 3 07/14/81 Richard Stoykovich Utilityman I 4 05/16/88 David Moore Fire Captain 5 09/18/95 Daniel Santos Police Officer 6 09/18/94 Anthony Hinojos Utilityman IV 7 09/12/94 Paul Johnson Firefighter 7 09/12/94 Michael Langer Fire Captain 7 09/12/94 Jason McEachran Firefighter 7 09/12/94 Jeffrey Neely Firefighter 7 O1/08/84 Roy Ness Utilityman II 7 09/12/94 Kurt Smith Fire Engineer 7 The Mayor called a short recess at 5:19 p.m. The City Council reconvened at 5:22 p.m., all members present before the recess again being present. Police Department Activity Log for the period October 1st thru 15th, 2001, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period October 1st thru 15th, 2001 be received and filed. Motion carried. Fire Department Activity Report for the period October 1st thru 15th, 2001, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period October lst thru 15th, 2001 be received and filed. Motion carried. Risk Management Report for the month of September 2001, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of September 2001 be received and filed. Motion carried. Health Department Report for the month of September 2001, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of September 2001 be received and filed. 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 to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. this time. There was no one wishing to address the City Council at Page 2 of 16 Regular City Council Meeting Minutes October 17, 2001 The City Clerk announced that now was the time to open the public hearing to consider a Conditional Use Permit requested by Exxon Mobil, Corporation to construct a new 50,000 barrel aboveground storage tank for gasoline storage at 2709 East 37th Street, Vernon, California. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider a Conditional Use Permit requested by Exxon Mobil, Corporation to construct a new 50,000 barrel aboveground storage tank for gasoline storage at 2709 East 37th Street, Vernon, California, the time being 5:24 p.m. Motion carried. The Director of Community Services and Water addressed the City Council and briefly summarized this matter for them. He also informed the Council that a letter from the County of Los Angeles was received regarding issues pertaining to the proposed usage of the Conditional Use Permit and advised that the mitigating measures placed on the Conditional Use Permit should resolve those issues. The Director of Community Services submitted the letter for the record. Communication from Kevin Wilson, Director of Community Services and Water, dated October 11, 2001, was presented, advising that Exxon Mobil Corp. has applied for a conditional use permit to operate a Petroleum Related Use at 2709 East 37th Street in the City of Vernon. Submitted herewith are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, affidavits of posting, and mailing, and Notice of intent. 4. Environmental checklist form and initial study. 5. Proposed Negative Declaration. The project is consistent with the General Plan as adopted by the City of Vernon. It is hereby recommended that the City Council determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that the conditional use permit be granted subject to the following conditions and mitigating measures as follow: Page 3 of 16 Regular City Council Meeting Minutes October 17, 2001 A. The facility shall be operated in accordance with, and made to conform with all current codes, rules, regulations, and subject to permit fees and taxes as adopted by the City of Vernon. B. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained from the Health Department if there are reportable quantities of hazardous materials on the site. C. Servicing of vehicles including washing, steam cleaning, and repairing shall not be performed on site. D. All storage operations shall take place within the proposed site. No equipment or materials shall be placed or stored outside. Adequate written plans and materials must be available for cleaning up leaks or spills of petroleum gasoline or other substances associated with Exxon Mobil operation. E. Broken or cracked sidewalk, curb, gutter, or driveway in 37th Street adjacent to the site shall be repaired as directed by the Director of Community Services and Water. F. Exxon Mobil shall obtain all required federal, state, local, and regulatory agency permits prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. G. All parking and loading facilities shall remain paved with a hard durable surface material, in good repair, shall remain adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that off-street parking will not occur. H. The facility shall be operated in such a manner that noise and vibration shall not be a nuisance to neighborhood properties. At no time shall noise exceed 65db or vibration exceed four hundredths of an inch per second particle velocity when measured at the property line. I. Plans for improvements to the facility and construction of structures shall be submitted to both the Department of Community Services and Health Department of the City of Vernon for review and approval. J. The facility's building shall be structurally maintained to exclude rodents and shall be maintained rodent free. K. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. L. Exxon Mobil shall perform the mitigating measures as listed below: 1. Complete the Health Risk Assessment required by the Vernon Health Department to determine the potential health impacts from any soil contamination on the subject site. The Health Risk Page 4 of 16 Regular City Council Meeting Minutes October 17, 2001 Assessment shall be completed by Exxon Mobil and submitted to the Health Department within two years of the date this conditional use permit is approved. Upon the Health Department's approval of the Health Risk Assessment, any necessary remediation activities as determined by the Health Department, shall be performed by Exxon Mobil in accordance with the time schedule provided by the Health Department. 2. Install and maintain devices to detect leaks and spills, shall construct a berm or containment area to retain any spills, shall post signs indicating procedures for spill reporting, and shall maintain an approved spill prevention and response plan. 3. Maintain on -site fire -fighting materials used specifically for hydrocarbon fires in a quantity and location specified by the Fire Department. Exxon Mobil shall design a fire protection system in accordance with the U.F.C. Standard 79-1 and provide and maintain two mobil fire monitors stored on -site. Exxon Mobil shall provide fire -fighting personnel to perform technical assistance from the Torrance facility when requested by the Vernon Fire Department. 4. Have all existing aboveground tanks containing diesel and gasoline fuels inspected according to South Coast Air Quality Management District ("SCAQMD") standards (Rule 463), by a certified inspector twice annually, and shall be maintained in accordance with state, federal laws, and the latest A.P.I. standards. 5. Obtain all permits from the ("SCAQMD") prior to operating the facility. Exxon Mobil shall maintain an NPDES Permit with the State Water Resources Control Board, unless otherwise exempted. The Mayor asked if there was anyone who wished 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 Gonzales, seconded by Ybarra, to close the public hearing, the time being 5:31 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated October 11, 2001, and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendations approved. Motion carried. The Mayor abstained from voting on this matter. It was moved by Ybarra, seconded by Davis, that the City Council determine that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Council determine that the project will not have a significant effect on the environment. Motion carried. Page 5 of 16 Regular City Council Meeting Minutes October 17, 2001 It was moved by Ybarra, seconded by Davis, that the City Council determine that the project will not individually or cumulatively have an adverse effect on wildlife resources. RESOLUTION NO. 7846 - A Resolution Of The City Council Of The City Of Vernon Granting A Conditional Use Permit To Exxon Mobil Corporation For The Operation Of A Petroleum Related Use Located At 2709 East 37th Street In The City Of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7846 be approved and adopted. Motion carried. The Mayor abstained from voting on this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2001, was presented, advising that Exxon Mobil Corporation has submitted an application for a variance from Section 7.12 (h) of the Code of the City of Vernon for the construction of one (1) 50,000 aboveground gasoline tank at 2709 East 37th Street, Vernon, California. This code section amends Section 7902.2.1 of the Uniform Fire Code and reads as follows: Storage of Class I and Class II liquids, in aboveground tanks outside of buildings, not exceeding three (3) 6,000 gallon tanks per parcel in approved containers is permitted within the limits of the City of Vernon except within the shaded areas shown on Exhibit "A", attached hereto. Exception - Storage of Class I and Class II liquids not exceeding two (2) 1,000 gallon tanks or one (1) 2,000 gallon diesel fuel tank per parcel in approved containers is permitted in all areas within the limits of the City of Vernon. A public hearing was held earlier today to consider a Conditional Use Permit requested by Exxon Mobil Corporation to operate a petroleum related use at 2709 East 37th Street, Vernon, California, which contains the conditions and mitigating measures that Exxon is required to follow. Furthermore Exxon will be installing a foam system which complies with the Fire Department's requirements to control and extinguish potential hydrocarbon fuel fires. It is hereby recommended that the variance from Section 7.12 (h) of the City of Vernon Code be granted for the construction of one 50,000 barrel aboveground gasoline tank subject to their adherence to the conditions and mitigating measures placed on the Conditional Use Permit. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 11, 2001, be received and filed and his recommendation approved. Motion carried. The Mayor abstained from voting on this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 2, 2001, was presented, requesting authority and funds for the Personnel Clerk Cindy Calzada to attend the "CALPERS ACES Training" at Glendale on October 8th, 2001, with an expense allowance of $18.40. Page 6 of 16 Regular City Council Meeting Minutes October 17, 2001 It was moved by Davis, seconded by Gonzales, that authority and funds be approved and granted for Personnel Clerk Cindy Calzada to attend the aforementioned training with an expense allowance of $18.40. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated October 2, 2001, was presented, requesting authority and funds for the Senior Substation Technician Matthew Daniels to attend the "How to Read Electrical Drawings Seminar" at Huntington Beach on October 24th, 2001, with an expense allowance of $349.40. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved and granted for Senior Substation Technician Matthew Daniels to attend the aforementioned seminar with an expense allowance of $349.40. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated October 2, 2001, was presented, requesting authority and funds for the Substation Technician Michael Hendrickson to attend the "How to Read Electrical Drawings Seminar" at Anaheim on October 25th, 2001, with an expense allowance of $342.80. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved and granted for the Substation Technician Michael Hendrickson to attend the aforementioned seminar with an expense allowance of $342.80. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated October 2, 2001, was presented, requesting authority and funds for the Substation Technician Richard Recano to attend the "How to Read Electrical Drawings Seminar" at Ontario on October 30th, 2001, with an expense allowance of $352.40. It was moved by Ybarra, seconded by Davis, that authority and funds be approved and granted for the Substation Technician Richard Recano to attend the aforementioned seminar with an expense allowance of $352.40. Motion carried. Communication from Steven Parker, Fire Chief, dated October 3, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "California Training Officers Symposium" at Fresno on November 5th thru 8th, 2001, with an expense allowance of $627.80, and $319.00 respectively. • Craig Peltier, Firefighter • Michael Wilson, Battalion Chief It was moved by McCormick, seconded by Gonzales, that authority and funds be approved and granted for the above listed personnel to attend the aforementioned symposium with an expense allowance of $627.80 and $319.00 respectively. Motion carried. Page 7 of 16 Regular City Council Meeting Minutes October 17, 2001 Communication from Bruce Olson, Chief of Police, dated September 26, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "Arrest and Control Re -Certification Course" at Los Angeles on November 19th through 21St, 2001, with an expense allowance of $540.50 of which POST will reimburse $272.12 each. • David Zapien, Acting Sergeant • Michael Alway, Detective It was moved by Ybarra, seconded by Davis, that authority and funds be approved and granted for the above listed personnel to attend the aforementioned course with an expense allowance of 272.12 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 26, 2001, was presented, requesting authority and funds for Dispatcher Ana Bedoy to attend the "Dispatch Series - Legal Updates" at San Bernardino on November 13th, 2001, with an expense allowance of $50.00 of which POST will reimburse $39.20. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved and granted for Dispatcher Ana Bedoy to attend the aforementioned updates with an expense allowance of $50.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 28, 2001, was presented, requesting authority and funds for Lieutenant James Rodino to attend the "Polygraph Work Conference" at San Diego on December loth through 14th, 2001, with an expense allowance of $1,243.70. It was moved by Ybarra, seconded by Davis, that authority and funds be approved and granted for Lieutenant James Rodino to attend the aforementioned conference with an expense allowance of $1,243.70. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 9, 2001, was presented, requesting authority and funds for Detective Michael Docherty to attend the "California Narcotic Officer's Association Annual Training Institute Conference" at Monterey on November 17th through 20th, 2001, with an expense allowance of $961.09. It was moved by Davis, seconded by Gonzales, that authority and funds be approved and granted for Detective Michael Docherty to attend the aforementioned conference with an expense allowance of $961.09. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 9, 2001, was presented, requesting authority and funds for Dispatcher Supervisor Maria Alway to attend the "Civilian Supervisory Course" at Huntington Beach on November 26th through December 7th, 2001, with an expense allowance of $348.50 of which POST will reimburse $220.40. Page 8 of 16 Regular City Council Meeting Minutes October 17, 2001 It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved and granted for Dispatcher Supervisor Maria Alway to attend the aforementioned course with an expense allowance of $348.50. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated October 9, 2001, was presented, requesting authority and funds for Electrical Engineer Jose Lugo to attend the "EUSERC/Manufacturers Joint Committee Meeting" at Roseville on November 7th through 9th, 2001, with an expense allowance of $685.75. It was moved by McCormick, seconded by Davis, that authority and funds be approved and granted for Electrical Engineer Jose Lugo to attend the aforementioned meeting with an expense allowance of $685.75. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated October 11, 2001, was presented, requesting authority and funds for Utilityman II Andrew Thompson to attend the "Pesticide Applicator Seminar" at Long Beach on November 8th, 2001, with an expense allowance of $79.40. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved and granted for Utilityman II Andrew Thompson to attend the aforementioned seminar with an expense allowance of $79.40. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2001, was presented, advising that on August 1, 2001, this legislative body granted a variance to C.R. Laurence Co., Inc., for a building to be constructed at 2503 Vernon Avenue with certain conditions. According to Condition 4 of said variance, it required all openings in the southerly wall of building no. 4 and the westerly wall of building no. 5 be protected by a 3-hour rated assembly. C.R. Laurence has advised that the 3-hour rated assembly windows are no longer being manufactured and is requesting to use a %-hour rated assembly. Condition 5 requires that a side yard easement be provided for additional protection at the opening, thus, decreasing the rating to a %-hour rated assembly would not incur additional risk. It is hereby recommended that Condition 4 of the variance granted to C.R. Laurence be amended to read as follows: 4. All openings in the southerly wall of building four and the westerly wall of building five shall be protected by a %-hour rated assembly. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 11, 2001 be received and filed and his recommendation approved. Motion carried. Page 9 of 16 Regular City Council Meeting Minutes October 17, 2001 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2001, was presented, advising that the Utilities Department is requesting to retain the services of Ionics Ultrapure Water Corporation for a one-year lease of one (1) Reverse Osmosis/Deionization System to maintain the quality of water used for running the turbines. This has been reviewed by the City Attorney and it is hereby recommended that the agreement be approved and executed. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 11, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7850 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Lease By And Between The City Of Vernon And Ionics Ultrapure Water Corporation Providing For Purified Water For The Operation And Maintenance Of The Turbine Generators, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7850 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2001, was presented, advising that the State of California has approved the disbursement of funds for the Per Capita Grant Program which is under the Safe Neighborhood Parks, and Coastal Protection Bond 2000. The City of Vernon is eligible to receive $30,000.00. Due to our inability to use said funds within the City's boundaries they can be distributed to other agencies. It is hereby recommended that said funds be distributed as follows to the neighboring cities listed below: City of Bell $7,500.00 City of Maywood $7,500.00 City of Lynwood $15,000.00 It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 11, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7848 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Reallocation Of Revenue Generated From The Per Capita Grant Program Under The Safe Neighborhood Parks, Clean Water, Clean Air And Coastal Protection Bond Act Of 2000 To The Cities Of Bell, Lynwood And Maywood, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7848 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2001, was presented, advising that because of a recent subsurface diesel fuel release at the Vernon Power Plant, the need for a consultant to perform soil and groundwater remediation was necessary. Page 10 of 16 Regular City Council Meeting Minutes October 17, 2001 Due to the urgency and the Utilities Department's familiarity with the work performance of Kleinfelder, Inc., an agreement was prepared by the City Attorney and executed by me. Transmitted herewith is the fully executed agreement and it is hereby recommended it be accepted and ratified. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 11, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7847 - A Resolution Of The City Council Of The City Of Vernon Approving And Ratifying The Execution Of An Agreement For Professional Consulting Services By And Between The City Of Vernon And Kleinfelder, Inc. For Diesel Release Remediation, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7847 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 10, 2001, was presented, advising that the City's Short -Term Disability program, included with the FML Policy, provides full -salary continuation under certain circumstances and is not intended to provide short-term disability benefits for intermittent leave. This has been reviewed by the Risk Manager and it is hereby recommended that the Short -Term Disability program as stated in Section XI of the FML Policy be clarified to indicate that it does not apply to intermittent or reduced leave schedules. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 10, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7849 - A Resolution Of The City Council Of The City Of Vernon Amending The City Of Vernon Family And Medical Leave Policy, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7849 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 11, 2001, was presented, transmitting the Agenda for the Regular Personnel Committee meeting to be held October 15, 2001 for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations on the Agenda for the Regular Personnel Committee meeting held October 15, 2001 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 11, 2001, was presented, transmitting the Minutes of the Regular Finance Committee meeting held October 9, 2001 for approval of the recommendations contained therein. Page 11 of 16 Regular City Council Meeting Minutes October 17, 2001 It was moved by Ybarra, seconded by Gonzales, that the Minutes of the Regular Finance Committee meeting held October 9, 2001 be approved and adopted. Motion carried. RESOLUTION NO. 7852 -A Resolution Of The City Council Of The City Of Vernon Amending Schedule II (Exhibit "B") Of Resolution No. 7796 Which Fixed The Compensation For Certain Employees And Authorized Certain Expense Allowances, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7852 be approved and adopted. Motion carried. Warrant Register No. 1076 covering claims and demands presented during the period of September 27, 2001 through October 10, 2001, drawn on Wells Fargo Bank totaling $572,156.38, which includes demand Nos. 200960 through 201169 (inclusive), excluding Utilities demands. (Accounting period October, 2001). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1076 be approved and payment authorized for claims and demands totaling $572,156.38, excluding Utility demands. Motion carried. Warrant Register No. 1076 covering claims and demands presented during the period of September 27, 2001 through October 10, 2001, drawn on Wells Fargo Bank totaling $709,848.38 which includes Utilities demand nos. as listed below. (Accounting period October, 2001): 200961 200962 200972 200977 200978 200979 200980 200981 200982 200983 200984 200985 200986 200987 200988 200989 200990 200997 200999 201000 201011 201016 201024 201030 201038 201042 201053 201059 201076 201082 201086 201088 201093 201112 201119 201125 201126 201129 201130 201136 201138 201148 201152 201164 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1076 be approved and payment authorized for Utility claims and demands totaling $709,848.38. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that his decision may have material financial effect on his source of income. Payroll Warrant Register No. 544 covering claims and demands presented during the period of August 12, 2001 through September 8, 2001. Drawn on Wells Fargo Bank totaling $1,772,223.81, which includes demand nos. 7257 through 7300 (inclusive). (Accounting Period: September, 2001). It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 544 be approved and payment authorized for claims and demands totaling $1,722,223.81. Motion carried. Page 12 of 16 Regular City Council Meeting Minutes October 17, 2001 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2001, was presented, advising that Mr. David Brearley, Legal Counsel, has submitted a proposal for consulting services for the next twelve (12) months. It is hereby recommended that the City Administrator be authorized to negotiate further the terms and compensation of said agreement. The City Clerk advised the City Council that no further negotiations were necessary and recommended that the agreement be approved and executed. It was moved by Davis, seconded by Ybarra, that the communication from the City Administrator/City Clerk, dated October 11, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7851 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement For Consulting Services By And Among The City Of Vernon, The Redevelopment Agency Of The City Of Vernon And Ivanhoe Energy Services & Development, Inc., was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7851 be approved and adopted. Motion carried. The Mayor called a short recess at 6:19 p.m. The City Council reconvened in regular session at 6:24 p.m., all members present before the recess again being present. Ms. Maria Sagrero, representative from Senator Escutia's office, asked for permission to address the City Council at this time. The Mayor granted Ms. Sagrero a few minutes to address the City Council. She thanked the City Council for the time granted and stated that she just wanted to let them know that she was available to assist the City in anything she can. The City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Davis, seconded by Gonzales, that the City Council go into closed session on Item No. 1, the time being 6:28 p.m. Motion carried. All persons were excused from closed session with the exception of the Chief Deputy City Clerk, the Assistant to the Chief Deputy City Clerk, the City Clerk, the Director of Community Services, Utilityman III, and the City Attorney. Page 13 of 16 Regular City Council Meeting Minutes October 17, 2001 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 Utilityman III, was excused at 6:39 p.m. Utilityman II, entered the closed session at 6:40 p.m. The Director of Community Services and Water and Utilityman II, were both excused from closed session, the time being 6:44 p.m. It was moved by McCormick, seconded by Gonzales, that the City Council go out of closed session on Item No. 1, and resume regular session, the time being 6:52 p.m. Motion carried. The City Clerk announced that now was the time for the City Council to go into closed session on Item Nos. 2, 3, and 4. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item Nos. 2, 3, and 4, the time being 6:52 p.m. Motion carried. All persons were excused from closed session with the exception of the Chief Deputy City Clerk, the Assistant to the Chief Deputy City Clerk, the City Clerk, and the City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code § 54956.9. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (b) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (c) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (d) Vernon v. All Persons; LASC No. BC 222145; CA B148676; (e) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; Shell Chemical Company, et al. v. County of Los Angeles, et al., USDC Case No. 00-01917 MRP (MANx); Phillips Petroleum Company, et al., v. County of Los Angeles, et al., USDC Case No. CV00-01938 MRP (MANx); (f) Vernon v. Regional Water Quality Control Board; Nos. A- 1280, A1280 (a) and A-1280 (b) ; (g) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; (h) Paveco Construction, Inc. v. Valley Engineers, Inc., et al., LASC Case No. BC 236933; Page 14 of 16 Regular City Council Meeting Minutes October 17, 2001 (i) Kelly Pipe Co., etc. v. Valley Engineers, Inc., etc., et al; Valley Engineers, Inc., etc. v. City of Vernon, etc. et al., LASC Case No. BC 227815; (j) 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; (k) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. EL00-105 (ISO); FERC Docket No. EL01-14-000 (Vernon v. ISO); FERC Docket No. ERO1-313 (ISO); FERC Docket No. ERO1-315 (SCE/ISO); FERC Docket No. ER01-724 (ISO); FERC Docket No. ELO1-41 (Strategic Energy v ISO); FERC Docket Nos. EL00-95-022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95-023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95-024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95-025/EL00-98-024 (SCE); FERC Docket No. ELO1-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (Vernon v. ISO); USCA No. 01- 1187 (consolidated with 01-1190) (PG&E v. FERC); USCA No. 01-1193 (Modesto v. FERC); FERC Docket No. EL00-95 G&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RTO1-82 (SDG&E), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (SCE); SRP v. ISO, FERC Docket No. ELO1-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ-R; (1) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (m) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (n) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; (o) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (p) FERC Docket No EL01-33 (SCE/PX); FERC Docket No. ELO1-36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. EL01-37 (SRP & SMUD v. PX) ; (q) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (r) FERC Docket No. ELO1-42 (Universal Studios v. Southern California Edison Company; (s) A-1 Steel Fence Co., Inc. v. Amelco Construction, et al., LASC (SE District) No. 01C00602; (t) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (u) Gerald Dressen v. Vernon; WCAB No. MON 0262992; MON 0262994; 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIM Claimant: LOURDES A. CEJA Agency Claimed Against: CITY OF VERNON Page 15 of 16 Regular City Council Meeting Minutes October 17, 2001 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(s). It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on Item Nos. 2, 3, and 4, and resume regular session, the time being 7:23 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the liability claim from Lourdes A. Ceja be denied. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Attorney for the City of Vernon be authorized to execute a participation form approving the City of Vernon's participation in the Amicus Curiae brief before the Appellate Court in the matter entitled Barden v. City of Sacramento, Appeals Docket No. 01- 15744. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the discipline recommended by the Director of Community Services and Water for the Utililtyman III be approved. Motion carried. It was moved by McCormick, seconded by Davis, that the discipline recommended by the Director of Community Services and Water for the Utilityman II 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 Gonzales, that the City Council meeting adjourn, the time being 7:28 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk /Leonis C. Mal urg Mayor Page 16 of 16