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20011107 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 7, 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 Regular City Council Meeting held October 17, 2001 be approved and adopted as corrected. Motion carried. The City Clerk announced that now was the time to present a service pin to the following employee: Melody Falvo Secretary 20 years The aforementioned employee was unable to attend the meeting and the service pin was received by the respective department head. Police Department Activity Log for the period October 16th through 31st, 2001, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period October 16th through 319t, 2001 be received and filed. Motion carried. Fire Department Activity Report for the period October 16th through 31st, 2001, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period October 16th through 31st, 2001 be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished to address the City Council on any item on the agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time? There was no one wishing to address the City Council at this time. Communication from Mr. Steve Freed, President of the Vernon Property Owners' Association, dated November 1, 2001, requesting time to address the City Council, was presented. Mr. Steve Freed, President of the Vernon Property Owners Association, addressed the City Council and advised that the Association wished to submit a proposal at this time. He stated that the strict ordinances in question have negatively affected the occupancy rates of the City and asked that the City Council review the proposal and get back to him on this issue. Mr. Harold Arsenian, President of Innovative Waste, addressed the City Council at this time and stated that he was quite pleased to find out that the Vernon Property Owners Regular City Council Meeting Minutes November 7, 2001 Association has prepared a proposal for the City Council to review. The Mayor asked if there was anyone else in the audience who wished to address the Council? There was no one wishing to address the City Council at this time. Communication from Bruce Olson, Chief of Police, dated October 18, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "Police Traffic Services Seminar" at Monterey on December 2nd through 5th, 2001, with an expense allowance of $1,049.28 each, of which the entire amount will be paid with Grant Funds. • Jerry Winegar, Sergeant • Steve Towles, Lieutenant It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of 1,049.28 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 17, 2001, was presented, requesting authority and funds for Chief Deputy City Clerk Gloria Orosco to attend the "City Clerks New Law and Election Seminar" at Monterey on December 4th through 7th, 2001, with an expense allowance of $1,185.10. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Chief Deputy City Clerk Gloria Orosco to attend the aforementioned seminar with an expense allowance of $1,185.10. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated October 22, 2001, was presented, requesting authority and funds for Fiber Optic and Traffic Systems Manager Ali Nour to attend the "Fundamentals of Signal Timing and Operations Seminar" at Costa Mesa on December 4thand 5th, 2001, with an expense allowance of $264.40. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Fiber Optic and Traffic Systems Manager Ali Nour to attend the aforementioned seminar with an expense allowance of $264.40. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 17, 2001, was presented, requesting authority and funds for himself and Councilman William Davis to attend the "National League of Cities Conference" at Atlanta, Georgia on December 5th through 8th, 2001, with an expense allowance of $1,224.00 each. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the above -mentioned city officials to attend the aforementioned conference with an expense allowance of $1,224.00 each. Motion carried. Page 2 of 15 Regular City Council Meeting Minutes November 7, 2001 Communication from Bruce Olson, Chief of Police, dated October 18, 2001, was presented, requesting authority and funds for Dispatcher Cerissa Diaz to attend the "Communications Training Officer Seminar" at Huntington Beach on December loth through 14th, 2001, with an expense allowance of $173.00 of which POST will reimburse $110.20. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Dispatcher Cerissa Diaz to attend the aforementioned seminar with an expense allowance of $110.20. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 23, 2001, was presented, requesting authority and funds for himself to attend the "League of California Cities Conference" at Sacramento on December 18th through 20th, 2001, with an expense allowance of $892.42. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Chief of Police Bruce Olson to attend the aforementioned conference with an expense allowance of $892.42. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 30, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "Officer Involved Shootings: Supervisor/Management Responsibilities Seminar" at San Diego on December 6th and 7th, 2001, with an expense allowance of $561.48, of which POST will reimburse $507.92 each. • Ben Busse, Sergeant • Rex Hill, Sergeant It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $561.48 each. Motion carried. Communication from Steven Parker, Fire Chief, dated November 1, 2001, was presented, requesting authority and funds for himself to attend the "League of California Cities - Fire Chief's Leadership Seminar" at Monterey on December 5th through 7th, 2001, with an expense allowance of $806.61. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Fire Chief Steve Parker to attend the aforementioned seminar with an expense allowance of $806.61. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated November 1, 2001, was presented, requesting authority and funds for Code Enforcement Inspector Wenceslao Reynoso to attend the "California Building Officials Training Institute Education Week 2001 Seminar" at Ontario on November 13th, 2001, with an expense allowance of $147.20. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Code Enforcement Inspector Page 3 of 15 Regular City Council Meeting Minutes November 7, 2001 Wenceslao Reynoso to attend the aforementioned seminar with an expense allowance of $147.20. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated November 1, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "California Building Officials Training Institute Education Week 2001 Seminar" at Ontario on November 14th, 2001, with an expense allowance of $143.60 and $127.70 respectively: • Bill Wilson, Code Enforcement Inspector • Kevin P. Murphy, Code Enforcement Inspector 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 $143.60 and $127.70 respectively. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated November 1, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "California Building Officials Training Institute Education Week 2001 Seminar" at Ontario on November 15th, 2001, with an expense allowance of $155.00 each. • Jerry Schreiber, Senior Electrical Inspector • Leo Lee, Code Enforcement Inspector It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $155.00 each. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated November 1, 2001, was presented, requesting authority and funds for Engineering Aide Sergio Canales to attend the "CEQA 2001 Understanding the California Environmental Process Seminar" at Irvine on November 14th, 2001, with an expense allowance of $230.00. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Engineering Aide Sergio Canales to attend the aforementioned seminar with an expense allowance of $230.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 29, 2001, was presented, advising that on June 20, 2001, this legislative body approved a Water Right License and Agreement with PABCO Paper Company (PABCO) for the rights to 800 acre-feet. Pacific Coast Building Products, Inc., owns the water rights and is the parent company of PABCO. The State Watermaster has advised that it is necessary for the Water Right License to be in the name of Pacific Coast Building Products, Inc. This has been reviewed by the Director of Community Services and the City Attorney and it is hereby recommended that a Water Right License and Agreement with Pacific Coast Building Page 4 of 15 Regular City Council Meeting Minutes November 7, 2001 Products, Inc., be approved and executed and Resolution No. 7788 approving the Water Right License and Agreement with PABCO be rescinded. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 29, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7858 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Water Right License By And Between The City Of Vernon And Pacific Coast Building Products, Inc. For The Period July 1, 2001 Through June 30, 2002 And Rescinding Resolution No. 7788, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7858 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 29, 2001, was presented transmitting a one-year Water Right License and Agreement with NI Industries, Inc., for the rights to 138 acre-feet of water. The cost of this water is $245.00 per acre-foot or $33,810.00 total. The Director of Community Services and Water advised Council that this has been reviewed by the City Attorney and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 29, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7857 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Water Right License By And Between The City Of Vernon And NI Industries, Inc. For The Period July 1, 2001 Through June 30, 2002, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7857 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 29, 2001, was presented, transmitting a one-year Water Right License and Agreement with Coast Packing Company for the rights to 390 acre-feet of water. The cost of this water is $240.00 per acre-foot or $93,600.00 total. The Director of Community Services and Water advised Council that this has been reviewed by the City Attorney and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. Page 5 of 15 Regular City Council Meeting Minutes November 7, 2001 It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 29, 2001 be approved and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7856 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Water Right License By And Between The City Of Vernon And Coast Packing Company For The Period July 1, 2001 Through June 30, 2002, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7856 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 31, 2001, was presented, advising that the Director of Utilities is requesting that an Amendment No. 2 be made to an existing transmission service agreement with Jefferson Smurfit Corporation (JSC), formerly Container Corporation of America. This will allow JSC to operate its power generation facility consistent with the restructuring and partial deregulation of the electric business in the State of California. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. 2 to the Transmission Service Agreement with JSC be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 31, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7862 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Amendment Number Two To The Transmission Service Agreement Between Jefferson Smurfit Corporation (US), Successor To Container Corporation Of America, And The City Of Vernon For A Cogeneration Facility Located At 2001 East 57th Street, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7862 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 31, 2001, was presented, advising that Atlantic Richfield Company, a Delaware Corporation, has requested permission to maintain and operate approximately 12,470 feet of 4" diameter pressurized steel petroleum pipeline including valves and other appurtenances under certain public streets in the City. They have executed Encroachment License Agreement No. 393 and have provided the required insurance and payment in the amount of $4,419.23 which includes the issuance fee of $2,500.00 and the first annual renewal fee of $1,919.23, deposited with the City November 29, 2000. This has been reviewed by the Director of Community Services and Water, and it is hereby recommended that Encroachment License Agreement No. 393 be approved, and the Mayor and City Clerk be authorized to execute same. Page 6 of 15 Regular City Council Meeting Minutes November 7, 2001 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 31, 2001 be received and filed and his recommendation approved. Motion carried. The Mayor abstained from voting. RESOLUTION NO. 7855 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of Encroachment License Agreement No. 393 By And Between The City Of Vernon And Atlantic Richfield Company, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7855 be approved and adopted. Motion carried. The Mayor abstained from voting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 31, 2001, was presented, advising that the Utilities Department sought bids for the purchase of a steam surface condenser. The condenser is required to convert recycled water to operate the Malburg Generating Station turbines. The following bids were received and reviewed by the Director of Utilities: Graham Corporation $693,590.00 Holtec International $590,000.00 In addition to the above it would be beneficial to purchase spare parts now that are necessary for the operation and maintenance of the condenser at an additional cost of $18,000.00. This has been reviewed by the City Attorney and it is hereby recommended that the bid be awarded to Holtec International and that a purchase contract be approved and executed for the purchase of the condenser and parts for a total cost of $608,000.00. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 31, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7860 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Equipment Purchase Contract By And Between The City Of Vernon And Holtec International, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7860 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 31, 2001, was presented, advising that in accordance with Resolution No. 7834 approved September 19, 2001, the below listed bids for the purchase of thirty-nine (39) 66kV Alstom circuit breakers were received and opened October 22, 2001: Alstom Transmission & Distribution $31,530.00 p/u Asea Brown Boveri Power T&D Company, Inc. $31,845.00 p/u Siemens Power Transmission and Distribution $29,495.00 p/u Page 7 of 15 Regular City Council Meeting Minutes November 7, 2001 This has been reviewed by the Director of Utilities and the City Attorney and it is hereby recommended that the bid for the purchase of the circuit breakers be awarded to Alstom Transmisson & Distribution, the only bidder that met the requirement specifications, and that a purchase contract be approved and executed for a total cost of $1,229,670.00. It was moved by Davis, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated October 31, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7863 - A Resolution Of The City Council Of The City Of Vernon Accepting the Bid Of Alstom USA, Inc. On Bid No. 1409 For The Purchase Of 39 Alstom Circuit Breakers And Approving And Authorizing The Execution Of An Equipment Purchase Contract And The Issuance Of A Purchase Order Respecting Said Bid, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7863 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated October 31, 2001, was presented, Advising that Contract No. 552, Traffic Signal Synchronization, Santa Fe Avenue and Soto Street has been completed. The total contract amount, including Change Order No. 1 and a credit for fiber optic splice enclosures is $325,977.00. A payment of $10,094.04 is now due. The remaining ten percent (10%) of the total contract amount, or the sum of $32,597.70, is payable thirty-five days after acceptance of the work, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, KDC, Inc. dba Dynalectric, 4462 Corporate Center Drive, Los Alamitos, California 90720-2539, in accordance with the agreement. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated October 31, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7864 - A Resolution Of The City Council Of The City Of Vernon Accepting The Work Of KdC, Inc., dba Dynalectric In Accordance With Contract No. 552 Of The City Of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7864 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated October 31, 2001, was presented, advising that Contract No. 557, Alameda Street Property Improvements, has been completed. Page 8 of 15 Regular City Council Meeting Minutes November 7, 2001 The total contract amount, including Change Orders 1, 2 and 3 is $91,250.00. A payment of $82,125.00 is now due. The remaining ten percent (10%) of the total contract amount, or the sum of $9,125.00, is payable thirty-five days after acceptance of the work, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Sialic Contractors Corporation, DBA Shawnan, 298 Shawnan Lane, La Habra Heights, California 90631, in accordance with the agreement. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated October 31, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7861 - A Resolution Of The City Council Of The City Of Vernon Accepting The Work Of Sialic Contractors Corporation Dba Shawnan In Accordance With Contract No. 557 Of The City Of Vernon, was presented. It was moved by McCormick seconded by Gonzales, that Resolution No. 7861 be approved and adopted. Motion carried. The City Clerk advised that the following communication and Resolution should be deferred to the next City Council meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 31, 2001, advising that the Utilities Department sought bids for the purchase of a cooling tower necessary to cool -off recycled water to be used to operate the turbines at the Malburg Generating Station: GEA Integrated Cooling Technologies $712,035.00 Marley Cooling Technologies $711,000.00 This has been reviewed by the Director of Utilities and the City Attorney and it is hereby recommended that the bid be awarded to Marley Cooling Technologies for a total cost of $711,000.00, and a purchase contract be approved and executed. RESOLUTION NO. 7859 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Equipment Purchase And Services Contract By And Between The City Of Vernon And Marley Cooling Technologies. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 31, 2001 and Resolution No. 7859 be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administration/City Clerk, dated November 1, 2001, was presented, advising on September 19, 2001, this legislative body approved a Notice of Intent/Authorization to negotiate with Alstom Power, Inc., (Alstom) to supply the following equipment to be utilized at the Malburg Generating Station: Page 9 of 15 Regular City Council Meeting Minutes November 7, 2001 • Two (2) Heat Recover Steam Generators (HRSG) $14,935,000.00 • A Steam Turbine $5,840,000.00 • A Wrap Contract, Service and Performance Guarantees $1,363,000.00 On November 1, 2001, three agreements were finalized and executed by the City Administrator, one for each of the above listed, to ensure the completion of the negotiations with Alstom. This has been reviewed by the Director of Utilities and the City Attorney and it is hereby recommended that the equipment and WRAP contract be approved and ratified for the total amount of $22,138,000.00. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated November 1, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7865 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A HRSG Contract, Malburg Generating Station, By And Between The City Of Vernon And Alstom Power Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7865 be approved and adopted. Motion carried. RESOLUTION NO. 7866 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Steam Turbine Contract, Malburg Generating Station, By And Between The City Of Vernon And Alstom Power Inc., was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7866 be approved and adopted. Motion carried. RESOLUTION NO. 7867 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A WRAP Contract, Services and Performance Guarantees for the Malburg Generating Station, By And Between The City Of Vernon And Alstom Power Inc., was presented. It was moved by Gonzales, seconded Davis, that Resolution No. 7867 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 1, 2001, was presented, advising that the Director of Community Services and Water is requesting that an agreement be entered with VCI Telecom, Inc., (VCI) for the performance of routine maintenance and emergency restoration services related to the City's fiber optic network system. VCI was in charge of Phase II of the City's fiber optic project and it was chosen to provide the maintenance service because its familiarity with the network system. This has been reviewed by the City Attorney and it is hereby recommended that the Services Agreement with VCI Telecom, Inc., be approved and executed. Page 10 of 15 Regular City Council Meeting Minutes November 7, 2001 It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated November 1, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7854 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Maintenance Agreement By And Between The City Of Vernon And VCI Telcom, Inc., was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7854 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 1, 2001, was presented, transmitting the Agenda for the Regular Personnel Committee meeting to be held November 5, 2001 for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations contained on the Agenda for the Regular Personnel Committee meeting held November 5, 2001 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 1, 2001, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee meeting held October 23, 2001, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the Minutes of the Regular Finance Committee meeting held October 23, 2001 be approved and adopted. Motion carried. RESOLUTION NO. 7853 - A Resolution Of The City Council Of The City Of Vernon Amending Section 23(e) And Schedule III (Exhibit "C") Of Resolution No. 7796 Which Fixed The Compensation For Certain Employees And Authorized Certain Expense Allowances, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7853 be approved and adopted. Motion carried. WARRANT REGISTER NO. 1077 covering claims and demands presented during the period of October llth through October 31st, 2001, drawn on Wells Fargo Bank totaling $8,385,033.05, which includes Utility demands as listed below: (Accounting period November 2001): 201175 201177 201180 201183 201185 201186 201196 201199 201200 201205 201206 201209 201211 201213 201215 201218 201219 201220 201221 201222 201227 201229 201231 201236 201240 201242 201245 201250 201255 201260 201265 201266 201267 201269 201270 201273 201289 201293 201299 201303 201328 201330 201331 201332 201342 201343 201347 201348 201354 201360 201362 201371 201375 201388 201389 201390 201394 201397 201409 201411 Page 11 of 15 Regular City Council Meeting Minutes November 7, 2001 201416 201417 201418 201419 201421 201423 201424 201440 201449 201456 201457 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 1077 be approved and payment authorized for Utility demands totaling $8,385,033.05. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. WARRANT REGISTER NO. 1077 covering claims and demands presented during the period of October llth through October 31st, 2001, drawn on Wells Fargo Bank totaling $769,411,99 and includes check nos. 201170 through 201458 (inclusive), excluding Utility demands. (Accounting period November 2001). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1077 be approved and payment authorized for claims and demands totaling $769,411.99, excluding Utility demands. Motion carried. The Mayor called a short recess at 5:40 p.m. The City Council reconvened in regular session at 5:46 p.m., all members present before the recess again being present. The City Clerk advised that now was the time for the City Council to go into closed session on Item No. 2. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item No. 2, the time being 5:47 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, the Chief Deputy City Clerk, the Assistant to the Chief Deputy City Clerk, the Director of Community Services and Water, 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 Section 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); Page 12 of 15 Regular City Council Meeting Minutes November 7, 2001 (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; (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. ER01-313 (ISO); FERC Docket No. ER01-315 (SCE/ISO); FERC Docket No. ER01- 724 (ISO); FERC Docket No. EL01-41 (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. EL01- 1579 (ISO); FERC Docket No. ELO1-57-000 (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 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RT01-82 (SDG&E), RTO1-83 (PG&E), RT01-85 (ISO) and RTO1-92 (SCE); SRP v. ISO, FERC Docket No. EL01- 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 ELO1-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (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; It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session on Item No. 2 and resume regular session, the time being 5:50 p.m. Motion carried. Page 13 of 15 Regular City Council Meeting Minutes November 7, 2001 The City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 5:51 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, the Chief Deputy City Clerk, the Assistant to the Chief Deputy Clerk, the Director of Community Services and Water, Utilityman II, and the City Attorney. 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 II, was excused from closed session at 5:55 p.m. The Director of Community Services and Water was excused from closed session at 6:00 p.m. The Chief Deputy City Clerk, the Assistant to the Chief Deputy City Clerk, and the City Attorney were excused from closed session at 6:03 p.m. The City Clerk advised that now the time to go into closed session on Item No. 3. 3. 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: One (1) potential case. It was moved by Gonzales seconded by Ybarra, that the City Council go out of closed session on Item No. 3, the time being 6:15 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Utilityman II be disciplined as recommended by the Director of Community Services and Water. Motion carried. It was moved by Davis, seconded by McCormick, to accept and ratify the compromise and release in the matter of Gerald Dressen, WCAB Case #MON 0262992; MON 0262994. Motion carried. It was moved by Ybarra, seconded by Davis, that the recommendation regarding the City Administrator be approved. Motion carried. Page 14 of 15 Regular City Council Meeting Minutes November 7, 2001 It was moved by Gonzales, seconded by McCormick, that the Fire Engineer be disciplined as recommended by the Fire Chief. Motion carried. It was moved by Davis, seconded by Gonzales, that the Utilityman II be disciplined as recommended by the Director of Community Services and Water. Motion carried. There being no further business to come before the City Council, it was moved by McCormick, seconded by Ybarra, that the City Council meeting adjourn. ATTEST: x- Bruce V. Malkenhorst City Clerk eonis C. Mal'. ry Mayor Page 15 of 15