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20020227 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 27, 2002, 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 Ybarra, seconded by Davis, that the Minutes of the Regular City Council meeting held February 6, 2002 be approved and adopted as submitted. Motion carried. The City Clerk advised that the following communication be deferred to the next City Council meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 29, 2002, advising that the Director of Utilities Kenneth DeDario, has elected to recommend Ms. Deborah R. Medina, Administrative Associate, to receive a 2001 Level II Department SPIRITS Award. It is hereby recommended that Ms. Deborah R. Medina be awarded the Level II Department SPIRITS Award for the Utilities Department for the year 2001. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated January 29, 2002 be deferred to the next City Council meeting. Motion carried. The City Clerk advised that the following communication be deferred to the next City Council meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 19, 2002, advising that the Director of Community Services and Water Samuel Kevin Wilson, has elected to recommend Mr. Juan Arellano, Utilityman II, to receive a 2001 Level II Department SPIRITS Award. It is hereby recommended that Mr. Juan Arellano be awarded the Level II Department SPIRITS Award for the Community Services and Water Department for the year 2001. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 19, 2002 be deferred to the next City Council meeting. Motion carried. Adjourned Regular City Council Meeting Minutes February 27, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 21, 2002, was presented, advising that the below listed employees qualified in the month of January 2002 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 01/23/99 Glenn Burdick Electronics Technician 3 01/15/89 Manuel Morales Utilityman III 3 06/30/81 Stella Pasillas Utility Clerk 6 01/05/87 Jed Hulsey Fire Captain 9 09/22/87 Christian Moscoso Police Officer 9 04/04/88 Daniel Calleros Sergeant 10 01/02/90 Joan Francone Risk Manager, Personnel Assistant 12 01/02/90 Silas Williams Utilityman III 12 08/09/82 Bruce Olson Chief of Police 13 04/12/66 Edward Saenz Utilityman I 14 09/28/86 Felix Saldana Utilityman II 14 The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head. 01/03/00 Belinda Mejia Police Dispatcher 2 05/16/74 Luke Salerno Warehouse/Garage Foreman 2 05/30/82 Karon Berry Utility Clerk 4 01/12/98 Bryan Dome Fire Engineer 4 01/12/98 Greg Galvan Firefighter 4 09/18/89 William Foltz Fire Engineer 5 01/06/97 George Salazar Police Officer 5 01/05/87 David Kimes Battalion Chief 6 08/17/87 Bradley Miller Fire Engineer 6 01/10/94 Jerry R. Chavez Police Officer 8 10/24/88 Andrew Guth Battalion Chief 8 08/28/88 Mauro Trujillo Utilityman III 10 08/17/87 Anthony Zack Sergeant 10 01/21/91 Anthony Serrano Customer Service Representative 11 09/18/89 Francisco Tostado Fire Engineer 11 10/24/88 Craig Peltier Firefighter 13 The Mayor called a short recess at 5:10 p.m. The City Council reconvened at 5:13 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 1 through 15, 2002, was presented. Page 2 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period February 1 through 15, 2002 be received and filed. Motion carried. Fire Department Activity Report for the period February 1 through 15, 2002, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period February 1 through 15, 2002 be received and filed. Motion carried. Risk Management Report for the month of January 2002, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of January 2002 be received and filed. Motion carried. Health Department Report for the month of January 2002, was presented. It was moved by Gonzales, seconded by McCormick, that the Health Department Report for the month of January 2002 be received and filed. Motion carried. RESOLUTION NO. 7908 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Issuance Of A Request For Proposal For Specialized Tank Engineering Services Regarding The City's 0.75 Million Gallon Elevated Tank, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7908 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 31, 2002, was presented, advising that the Community Services and Water Department is requesting that a Professional Consulting Services agreement be entered with DMJM+Harris for the production of plans, specs, and estimates for the 26th Street Extension Project. This has been reviewed by the City Attorney and it is hereby recommended that a Professional Consulting Services Agreement be entered with DMJM+Harris at a cost not to exceed $447,067.00 not including costs related to the existing Pump Station. Additional services would only be necessary should the study determine the existing pump is inadequate. (Deferred from the Council meeting held February 6, 2002). It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 31, 2002 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7907 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement For Professional Consulting Services By And Between The City Of Vernon And DMJM+HARRIS (deferred from the Council meeting held February 6, 2002), was presented. Page 3 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 It was moved by Ybarra, seconded by Davis, that Resolution No. 7907 be approved and adopted. 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. Ms. Barbara Beck, a representative of South Coast Air Quality Management District, came before the City Council, introduced herself, and also provided some general information about one of their new programs and handed information packets to the Chief Deputy City Clerk. The City Clerk advised that the following communication and resolution be removed from the agenda and no further action be taken at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 21, 2002, transmitting a Lease Agreement to allow Austin Trucking, Inc., to lease the City property located at 4528 Bandini Boulevard. The lease has been set-up on a month -to -month basis with a monthly payment of $4,167.00. This has been reviewed by the City Attorney and it is hereby recommended that the Lease Agreement for Austin Trucking, Inc., be approved and executed. RESOLUTION NO. 7920 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Property Lease By And Between The City Of Vernon And Austin Trucking. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 21, 2002 and Resolution No. 7920 be removed from the agenda and no further action be taken at this time. Motion carried. The City Clerk announced that now was the time to open a public hearing to consider a request from Austin Trucking, Inc., to operate a trucking terminal at 4528 Bandini Boulevard, Vernon, California. It was moved by Gonzales, seconded by Ybarra, to open a public hearing to consider a request for a conditional use permit application from Austin Trucking, Inc., to operate a trucking terminal at 4528 Bandini Boulevard, Vernon, California, the time being 5:17 p.m. Motion carried. Page 4 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 Kevin Wilson, Director of Community Services and Water addressed the City Council and briefly summarized this matter. He also advised them that the South Coast Air Quality Management District (AQMD) submitted a letter regarding this conditional use permit application and their concern about negative impacts on the air quality in the region. Mr. Wilson also advised the Council that he had responded to AQMD's letter advising them that there would not be any negative impact on the air and submitted for the record the letter from AQMD dated February 15, 2002 and his response to such letter dated February 27, 2002. Mr. Wilson recommended that the public hearing be continued and Resolution No. 7917 be deferred to the next Council meeting. Communication from Kevin Wilson, Director of Community Services and Water, dated February 21, 2002, was presented, advising that Austin Trucking, Inc. has applied for a conditional use permit to operate a truck terminal at 4528 Bandini Boulevard. 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, and affidavits of posting and mailing. 4. Environmental Checklist Form and Initial Study. S. Proposed Negative Declaration. The project is consistent with the City of Vernon Comprehensive Zoning Ordinance and the City of Vernon 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: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules, regulations, and be subject to permit fees as adopted by the City of Vernon. All trucking operations, including tractor parking, shall be limited to the lot located at 4528 Bandini Boulevard in the City of Vernon. Page 5 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 b. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. C. All parking and loading facilities 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 installed and maintained to meet City standards. The wall or landscape strip shall be placed in accordance with the City of Vernon setback requirements. Adequate on -site parking shall be maintained so that off-street parking will not occur. d. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal services. e. The proposed site shall be structurally maintained to exclude rodents and be maintained rodent free. f. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. g. No equipment, freight or materials such as but not limited to hazardous materials, hazardous waste, refuse, tires, batteries or abandoned vehicles shall be stored on -site other than in buildings, trailers or on the docks approved by the City of Vernon for such use. h. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. i. A hazardous material permit shall be obtained from the City of Vernon Environmental Health Department if hazardous materials/waste are used, handled or stored. Hazardous materials/waste shall be handled and managed in compliance with all appropriate federal, state, and local laws. j. The facility shall be operated in a manner that will not impede traffic on Bandini Boulevard. k. All existing cracked sidewalk, curb, and gutter adjacent to the site in Bandini Boulevard shall be repaired and maintained in compliance with City Standards. RESOLUTION NO. 7917 - A Resolution Of The City Council Of The City Of Vernon Granting A Conditional Use Permit For Austin Trucking, Inc., For The Operation Of A Trucking Terminal At 4528 Bandini Boulevard. It was moved by Gonzales, seconded by Davis, that the public hearing to consider a conditional use permit application for Austin Trucking Inc., be continued and Resolution No. 7917 be deferred to the next City Council meeting. Motion carried. Page 6 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 Communication from Bruce Olson, Chief of Police, dated January 18, 2002, was presented, requesting authority and funds for Detective Michael Docherty to attend the "Krav Maga Defensive Tactics Seminar" at Los Angeles on March 11 through 15, 2002, with an expense allowance of $600.00. It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for Detective Michael Docherty to attend the above referenced seminar with an expense allowance of $600.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 6, 2002, was presented, requesting authority and funds for Police Officer Mason Chancey to attend the "California Association for Property and Evidence Conference" at Sacramento on March 5 through 8, 2002, with an expense allowance of $860.80. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Police Officer Mason Chancey to attend the above referenced conference with an expense allowance of $860.80. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 29, 2002, was presented, requesting authority and funds for Detective Francesco Pirello to attend the "Search Warrants Advanced and Wire Tap Law Seminar" at Diamond Bar on March 7, 2002, with an expense allowance of $72.40. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Detective Francesco Pirello to attend the aforementioned seminar with an expense allowance of $72.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 13, 2002, was presented, requesting authority and funds for Records Manager Theresa Nicholas to attend the "Pitchess Motion Update Class" at El Segundo on March 7, 2002, with an expense allowance of $141.20. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Records Manager Theresa Nicholas to attend the aforementioned class with an expense allowance of $141.20. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 13, 2002, was presented, requesting authority and funds for the below listed police officers to attend the "Domestic Violence for Patrol Officers Seminar" at Santa Ana on March 20, 2002, with an expense allowance of $41.80 of which POST will reimburse $25.00 each. • Christian Moscoso • Daniel Santos It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed police officers to attend the aforementioned seminar with an expense allowance of $41.80 each. Motion carried. Page 7 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 Communication from Bruce Olson, Chief of Police, dated February 13, 2002, was presented, requesting authority and funds for Vernon Service Officer Arturo Padilla to attend the "Introduction to Control Techniques Seminar" at Huntington Beach on March 25 through 27, 2002, with an expense allowance of $214.80 of which Standards in Training for Corrections Program will reimburse $214.80. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Vernon Service Office Arturo Padilla to attend the aforementioned seminar with an expense allowance of $214.80. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 19, 2002, was presented, requesting authority and funds for the below listed city personnel to attend the "Business Grammar for Professionals Seminar" at Anaheim on March 8, 2002, with an expense allowance of $169.00 each. • Manuela Giron, Assistant to the Chief Deputy City Clerk • Marisol Trujillo, Deputy City Clerk • Gloria Molleda, Account Clerk It was moved by McCormick, seconded by Davis, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $169.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 19, 2002, was presented, requesting authority and funds for Assistant to the Chief Deputy City Clerk Manuela Giron to attend the "Business Writing for Professionals Seminar" at Los Angeles on March 26, 2002, with an expense allowance of $231.40. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Assistant to the Chief Deputy City Clerk Manuela Giron to attend the aforementioned seminar with an expense allowance of $231.40. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 19, 2002, was presented, requesting authority and funds for Assistant to the Chief Deputy City Clerk Manuela Giron to attend the "Management and Leadership Skills Workshop" at Anaheim on April 1 and 2, 2002, with an expense allowance of $456.40. It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for Assistant to the Chief Deputy City Clerk Manuela Giron to attend the aforementioned workshop with an expense allowance of $456.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 19, 2002, was presented, requesting authority and funds for Police Detective Inez Aragon to attend the "Internal Affairs Investigation Seminar" at Los Angeles on March 18 through 20, 2002, with an expense allowance of $160.00 of which POST will reimburse $152.80. Page 8 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Police Detective Inez Aragon to attend the aforementioned seminar with an expense allowance of $152.80. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 21, 2002, was presented, requesting authority and funds for the below listed city officials to attend the "California Municipal Treasurers Association Conference" at Monterey on April 30 through May 3, 2002, with an expense allowance of $1,210.00 each. • Hilario Gonzales, Councilman • William Davis, 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 conference with an expense allowance of $1,210.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 21, 2002, was presented, requesting authority and funds for himself to attend the "California Municipal Treasurers Association Conference" at Monterey on April 30 through May 3, 2002, with an expense allowance of $1,115.00. It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for the City Administrator/City Clerk Bruce V. Malkenhorst to attend the aforementioned conference with an expense allowance of $1.115.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 23, 2002, was presented, submitting an amendment to the Agreement for Consulting Services of Eric T. Fresch and it hereby recommended that the Amendment be approved effective March 1, 2002. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 23, 2002 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7915 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Amendment To Agreement For Legal, Financial And Administrative Consulting Services By And Between The City Of Vernon And Eric T. Fresch, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7915 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 5, 2002, was presented, advising that in accordance with Bid No. 1411, Purchase of (23) Padmounted Distribution Transformers, bids were received and opened on January 16, 2002. The Utilities Department has reviewed and evaluated the bids based on total ownership cost with an Page 9 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 accurate 3% window over a 30-year period and it is hereby recommended that the Purchasing Section be authorized to issue purchase orders to the below listed vendors for the purchase of Padmounted Transformers at the stated costs, excluding sales tax: General Electric c/o Southwest Power $107,057.46 ABB Power c/o Wesco 59,464.00 Cooper c/o Utility Products Supply 31,825.77 Pauwells c/o Pacific Utilities Supply Co. 139,199.00 It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February 5, 2002 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7913 - A Resolution Of The City Council Of The City Of Vernon Ratifying The Issuance Of Bid No. 1411, Accepting The Bids Of General Electric Company c/o Southwest Power, ABB Power c/o Wesco Distribution, Inc., Utility Products Supply And Pauwels Transformers, Inc. c/o Pacific Utilities Supply Company For The Purchase Of Padmounted Distribution Transformers For The Utilities Department And Approving and Authorizing The Execution Of Equipment Purchase Contracts And The Issuance Of Purchase Orders Respecting Said Bid, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7913 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 14, 2002, was presented, advising that the Community Services and Water Department and the Fire Department submitted request for proposals (RFP) to qualified consultants for the renovation and remodel of Fire Station No. 2. The Departments have reviewed and evaluated the RFP's received and are hereby advising that RRM Design Group, a design firm specializing in fire station renovations, is the most qualified consultant that meets the department's specifications and it is hereby recommended that a Professional Consulting Services Agreement with RRM Design Group be approved and executed for the renovation of Fire Station No. 2 at a cost not to exceed $122,450.00. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated February 14, 2002 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7914 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement For Professional Consulting Services (Fire Station No. 2 - Renovation) By And Between The City Of Vernon And RRM Design Group, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7914 be approved and adopted. Motion carried. Page 10 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 14, 2002, was presented advising that due to the construction of the Malburg Generating Station it is necessary that the services of a Bond and Tax Counsel be retained to assist with the financing structure of same. This has been reviewed by our Special Counsel and it is hereby recommended that the services of Orrick, Herrington & Sutcliffe LLP (Orrick) as Bond and Tax Counsel be retained and an agreement be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 14, 2002 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7916 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Letter Agreement By And Between The City Of Vernon And Orrick, Herrington & Sutcliffe LLP Regarding The Malburg Generating Station Project, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7916 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 21, 2002, was presented, transmitting the agenda for the Adjourned Regular Personnel Committee meeting to be held February 25, 2002 for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations on the agenda for the Adjourned Regular Personnel Committee meeting held February 25, 2002 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 21, 2002, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee meeting held February 11, 2002 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, that the Minutes of the Adjourned Regular Finance Committee meeting held February 11, 2002 be approved. Motion carried. RESOLUTION NO. 7909 - A Resolution Of The City Council Of The City Of Vernon Amending Resolution No. 7708 Which Approved The Annual Statement Of Investment Policy Of The City Of Vernon And Delegated Investment Authority To The City Treasurer, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7909 be approved and adopted. Motion carried. Page 11 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 RESOLUTION NO. 7910 - 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 Ybarra, seconded by Gonzales, that Resolution No. 7910 be approved and adopted. Motion carried. RESOLUTION NO. 7911 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Purchase Of Two Chevrolet C2500 Pickup Trucks By Joining On The State Of California, Department Of General Services, Procurement Division, Contract No. 1-02-23-20 Awarded To Maita Chevrolet, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7911 be approved and adopted. Motion carried. RESOLUTION NO. 7912 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A Multi - Phase Protective Relay Test Set For The Utilities Department, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7912 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 21, 2002, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee meeting to be held February 25, 2002 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations on the agenda for the Adjourned Regular Finance Committee meeting held February 25, 2002 be approved. Motion carried. RESOLUTION NO. 7918 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A New Chevrolet Tahoe For The Fire Department, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7918 be approved and adopted. Motion carried. RESOLUTION NO. 7919 - 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 Delta Star, Inc. Regarding The Malburg Generating Station Project, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7919 be approved and adopted. Motion carried. Page 12 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 Warrant Register No. 1084 covering claims and demands presented during the period of January 31 through February 20, 2002, drawn on Wells Fargo Bank totaling $874,827.00, which includes demand Nos. 202927 through 203201 (inclusive), excluding Utilities demands and voided checks as listed below: (Accounting period February 2002). 202928 202960 203017 It was moved by Davis, seconded by McCormick, that Warrant Register No. 1084 be approved and payment authorized for claims and demands totaling $874,827.00, excluding Utilities demands and voided checks as mentioned above. Motion carried. Warrant Register No. 1084 covering claims and demands presented during the period of January 31 through February 20, 2002, drawn on Wells Fargo Bank totaling $10,477,353.26 which includes Utilities demand nos. as listed below. (Accounting period February 2002). 202927 202929 202932 202933 202936 202938 202948 202949 202954 202955 202956 202957 202965 202966 202972 202976 202989 202997 203000 203002 203007 203011 203015 203016 203020 203023 203030 203034 203036 203038 203044 203047 203048 203055 203059 203064 203065 203070 203089 203090 203093 203094 203101 203105 203110 203111 203113 203123 203127 203133 203140 203141 203144 203150 203155 203156 203159 203162 203163 203178 203179 203183 203188 203190 203196 203200 203201 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1084 be approved and payment authorized for Utilities claims and demands totaling $10,477,353.26. 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. Payroll Warrant Register No. 548 covering claims and demands presented during the period of December 16, 2001 through January 12, 2002. Drawn on Wells Fargo Bank totaling $1,883,966.23, which includes demand nos. 7426 through 7469 (inclusive). (Accounting Period: January 2002). It was moved by McCormick, seconded by Davis, that Payroll Warrant Register No. 548 be approved and payment authorized for claims and demands totaling $1,883,966.23. Motion carried. The Mayor called a short recess at 5:50 p.m. The City Council reconvened in regular session at 5:55 p.m., all members present before the recess again being present. The City Clerk announced that now was the time to go into closed session on Item No. 1. Page 13 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 5:55 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, Director of Community Services and Water, and 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 IV was called to closed session at 5:55 p.m., and excused from closed session at 6:00 p.m. Another Utilityman IV was called to closed session at 6:00 p.m., and excused from closed session at 6:09 p.m. Utilityman III was called to closed session at 6:12 p.m., and excused from closed session at 6:15 p.m. Utilityman I was called to closed session at 6:18 p.m., and excused from closed session at 6:25 p.m. Foreman was called to closed session at 6:31 p.m., and excused from closed session at 6:33 p.m. The Director of Community Services and Water was excused from closed session at 6:40 p.m. It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session on Item No. 1 and resume regular session, the time being 6:40 p.m. Motion carried. The City Clerk announced that now was the time to go into closed session on Item Nos. 2, 3, and 4. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session on Item Nos. 2, 3, and 4, the time being 6:41 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 14 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 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) 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; (i) 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; (j) 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. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); EL01-75 (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), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (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; FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02- 636 (SCE); FERC Docket No. ER02-637 (PG&E); FERC Docket No. ER02-651 (ISO); (k) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (1) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (m) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; Page 15 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 (n) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (o) FERC Docket No EL01-33 (SCE/PX); FERC Docket No. ELO1-36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (SRP & SMUD v. PX); (p) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (q) FERC Docket No. ELO1-42 (Universal Studios v. Southern California Edison Company; (r) A-1 Steel Fence Co., Inc. v. Amelco Construction, et al., LASC (SE District) No. 01C00602; (s) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (t) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; 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: Two (2) potential cases. 4. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. Claimant: OWENS-ILLINOIS Agency Claimed Against: CITY OF VERNON It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 6:53 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that Utilityman IV be disciplined as recommended by the Director of Community Services and Water and the City Administrator. Motion carried. It was moved by McCormick, seconded by Gonzales, that Utilityman IV be disciplined as recommended by the Director of Community Services and Water. Motion carried. It was moved by Davis, seconded by McCormick, that Utilityman III be disciplined as recommended by the Director of Community Services and Water and the City Administrator. Motion carried. It was moved by McCormick, seconded by Gonzales, that Utilityman I be disciplined as recommended by the Director of Community Services and Water. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Foreman be disciplined as recommended by the Director of Community Services and Water. Motion carried. It was moved by Ybarra, seconded by Davis, that the liability claim of Owens-Illinois be rejected. Motion carried. Page 16 of 17 Adjourned Regular City Council Meeting Minutes February 27, 2002 It was moved by Gonzales, seoncded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER02-455 (Pacific Gas and Electric Company) are hereby ratified. Motion carried. It was moved by Gonzales, seonded by McCormick, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket Nos. ECO2-31, EL02-36, and CP02-38 (Pacific Gas and Electric Company, et. al.) are hereby ratified. Motion carried. It was moved by McCormick, seconded by Ybarra, to authorize settlement of the City of Vernon's attorney fees claim pursuant to letter dated February 14, 2002 by the City Attorneys McDonough, Holland & Allen in the matter of City of Corona v. All Persons, etc. et al., RSC Case No. 351283. Motion carried. There being no further business to come before the City Council at this time, it was moved by Ybarra, seconded by Davis, that the meeting adjourn, the time being 6:59 p.m. ATTEST: Bruce V. Malkenhorst City Clerk ,eonis C. Malb rg Mayor Page 17 of 17 ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE CITY CLERK OF THE CITY OF VERNON ADJOURNED THE CITY COUNCIL MEETING (DUE TO LACK OF QUORUM) TO BE HELD FEBRUARY 20, 2002, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, TO FEBRUARY 27, 2002, AT 5:00 P.M. B uce V. Malkenhorst City Clerk B [�" Y k-a' oria J. Oro o Chief Deputy Vity Clerk AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon do hereby certify that I did, on the Af7m, day of February 2002, have posted The above Order of Adjournment for the City Council Meeting. Said Order was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: ' �o2��O ? Tom Gloria J. Oro 0 Chief Deputy ty Clerk