Loading...
20020619 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 19, 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 Gonzales, that the Minutes of the Regular City Council Meeting held June 5, 2002, be deferred to the next meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 10, 2002, was presented, advising that the below listed employees qualified in the month of May 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 05/15/00 Marisela Estrada 05/22/00 Jose Ortiz 09/04/94 Victor Modesto 05/26/96 Wesley Cruz 01/23/89 Carlos Fandino 05/19/91 Roger Conant 11/05/90 Robin Tolmasoff 12/21/87 Renan Castro 05/16/88 Curtis Kirkland Award Account Clerk 2 Information System Specialist II 2 Utilityman II 5 Utilityman IV 6 Engineering & Operations Project Manager 9 Utilityman II 11 Administrative Associate 11 Utilityman III 12 Senior Electronics Technician 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. 05/03/99 Joseph Rodriguez Police Officer 3 10/03/94 Jason Bogosian Police Officer 4 02/27/95 Michael Alway Police Officer 6 08/17/87 Paul Woida Fire Engineer 9 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 June 1 through 15, 2002, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period June 1 through 15, 2002, be received and filed. Motion carried. Adjourned Regular City Council Minutes June 19, 2002 Fire Department Activity Report for the period June 1 through 15, 2002, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period June 1 through 15, 2002, be received and filed. Motion carried. Risk Management Report for the month of May 2002, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of May 2002, be received and filed. Motion carried. Health Department Report for the month of May 2002, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of May 2002, 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. The City Clerk announced that now was the time to open the Public Hearing to consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage transmission facilities and entitlements pursuant to Vernon's Transmission Owner Tariff. (Deferred from City Council Meeting held June 5, 2002.) It was moved by McCormick, seconded by Gonzales, to open the public hearing to consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage transmission facilities and entitlements, the time being, 5:12 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, was presented, advising that on August 29, 2000, this legislative body established the Transmission Revenue Requirement (TRR) associated with Vernon's high voltage transmission for the purpose of becoming a Participating Transmission Owner with the ISO. The TRR and Transmission Owner Tariff were approved by FERC on September 14, 2001, and requires the establishment of a Transmission Revenue Balancing Account Adjustment (TRBAA). Based on a testimony prepared by Peter J. Lanzalotta it is hereby recommended that the TRBAA and Appendix I to the Transmission Owner Tariff, implementing the TRBAA, be approved and submitted to the ISO. (Deferred from City Council Meeting held June 5, 2002.) Page 2 of 21 Adjourned Regular City Council Minutes June 19, 2002 Mr. Kenneth DeDario, Director of Utilities, addressed the City Council and summarized this matter; he also advised that the ISO has requested to have action on this delayed but we are required to submit this by July 1, 2002. The City Attorney briefly addressed the City Council on this matter. It was moved by McCormick, seconded by Davis, that the public hearing be continued to the next City Council Meeting. Motion carried. RESOLUTION NO. 7980 - A Resolution of the City Council of the City of Vernon Establishing the Transmission Revenue Balancing Account Adjustment in Accordance with Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment. (Deferred from City Council Meeting held June 5, 2002.) It was moved by McCormick, seconded by Davis, to defer action on Resolution No. 7980 to the next meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, was presented, advising that on May 8, 2002, this legislative body approved entering into an Equipment Purchase Contract and issuance of a purchase order to Doble (c/o Young & Co.), for the purchase of a multi -phase protective relay and an additional module at an approximate cost of $57,765.00. It is hereby recommended that the Contract be executed. (Deferred from City Council Meeting held June 5, 2002.) It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 30, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7975 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Doble Engineering Company, Inc. on Bid No. 1412 for the Purchase of a Multi -Phase Protective Relay Test Set for the Utilities Department and Approving and Authorizing the Execution of an Equipment Purchase And Software License Contract and the Issuance of a Purchase Order Respecting Said Bid. (Deferred from City Council Meeting held June 5, 2002), was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7975 be approved and adopted. Motion carried. The City Clerk advised that the following matter and resolution should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 10, 2002, advising that at this time, staff is recommending that the City retrofit the existing incandescent traffic signal lamps with Light Emitting Diodes (LED), which are energy efficient (they use one -tenth of the energy consumed by incandescent lamps), have a longer life span, and are cost effective. Page 3 of 21 Adjourned Regular City Council Minutes June 19, 2002 The total cost provided by PEEK, Signal Maintenance Inc., (SMI), the City's current traffic Signal operations and maintenance contractor, for Phase I, Santa Fe Avenue, is approximately $35,889.00, which includes a five-year warranty on parts and labor. The Utilities Department currently has a Rebate Program for qualifying energy conservation measures, a one-time rebate of $6,228.00; thus, reducing the project's cost to $29,661.00 with a payback period of 2.5 years. This has been reviewed by the City Attorney and it is hereby recommended that an Equipment Purchase and Services Contract with PEEK, Signal Maintenance Inc., for Phase I, Santa Fe Avenue, LED Traffic Signal Lamps, be approved and executed. RESOLUTION NO. 7996 - 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 Signal Maintenance Inc. Regarding Traffic Signal Lamp Conversion. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 10, 2002, and Resolution No. 7996 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 12, 2002, was presented, advising that on May 8, 2002, this legislative body approved Resolution No. 7952 inviting sealed proposals or bids for the purchase of a new 2002 Ford Excursion. During the waiting period, the Purchasing Section was informed that only 2003 models "made to order" are available. An addendum was issued and sent to all the bidders allowing acceptance of 2002 or 2003 vehicles. On May 30, 2002, only one bid was received from Midway Ford for a 2002 model at an approximate cost of $28,475.00; therefore, the Purchasing Section is requesting to go out a second time and request proposals from a new roster of vendors. It is hereby recommended that the Purchasing Section be authorized to request proposals for the second time for the purchase of a 2002 or 2003 Ford Excursion. The City Clerk stated that if we proceed in this manner, then it is necessary that the bid received from Midway Ford in the amount of $28,475.00 be rejected. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 12, 2002, be received and filed, the bid of Midway Ford rejected, and his recommendation approved. Motion carried. RESOLUTION NO. 7989 - A Resolution of the City Council of the City of Vernon Rejecting the Bid Received for Bid No. 1415 and Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A New Ford Excursion For The Fire Department, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7989 be approved and adopted. Motion carried. Page 4 of 21 Adjourned Regular City Council Minutes June 19, 2002 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 4, 2002, was presented, advising that the bids received and opened June 4, 2002, according to Contract No. 564, Roof Replacement of Vernon Power Plant, are as follows: Stone Roofing Co., Inc. $127,100.00 Best Roofing & Waterproofing, Inc. $127,730.00 SCR Group, Inc., dba Southern California Roofing Co. $133,140.00 The bids have been reviewed and it is hereby recommended that this contract be awarded to Stone Roofing Co., Inc., on the basis of their bid of $127,100.00. The Mayor asked what the engineer's estimate was. The Director of Community Services and Water responded that it was estimated at $140,000.00. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated June 4, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7999 - A Resolution of the City Council of the City Of Vernon Accepting the Bid of Stone Roofing Co., Inc. for Roof Replacement of Vernon Power Plant in Accordance with Contract No. 564 of the City Of Vernon and Approving the Execution of Said Contract, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7999 be approved and adopted. Motion carried. The below listed bids for Contract No. 561, Resurfacing of Fire Station No. 3 and New Paving and Fencing of Booster Plant No. 3, were received and opened June 5, 2002, and were submitted to the Community Services and Water Department for review and recommendation. • Fleming Environmental, Inc. • Commercial Paving and Coating • E.G.N. Construction, Inc. • Pacific Asphalt Services • Excel Paving Co. • E.A. Mendoza, Inc. • Pacific Construction The City Clerk advised that the amounts for the above listed bidders were inadvertently omitted from the agenda and submitted a list that included the bid amounts. The City Clerk read the following bid results for the record. • Fleming Environmental, Inc. $177,190.74 • Commercial Paving and Coating $169,500.00 • E.G.N. Construction, Inc. $164,694.00 • Pacific Asphalt Services $135,335.00 • Excel Paving Co. $182,885.85 Page 5 of 21 Adjourned Regular City Council Minutes June 19, 2002 • E.A. Mendoza, Inc. $216,100.00 • Pacific Construction $188,709.00 The Director of Community Services and Water advised that the engineer's estimate was $130,000.00. It was moved by Gonzales, seconded by Davis, that the bids received for Contract 561 be referred to the Community Services and Water Department for review. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, advising that the bids received and opened on June 5, 2002, according to Contract No. 566, Emergency Vehicle Preemption, are as follows: Signal Maintenance $47,439.00 C.T. & F. Inc. $56,972.00 Steiny & Company, Inc. $71,000.00 California Electrical Service $77,900.00 The bids have been reviewed and it is recommended that this contract be awarded to Signal Maintenance Inc., on the basis of their bid of $47,739.00. Councilman Davis asked about the discrepancy on the bid amount and the award amount. The Director of Community Services and Water explained that the listed bid was incorrectly calculated. After further review, it was deemed that company had made a $300.00 calculation error, but that Signal Maintenance was still the lowest bidder. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated June 13, 2002, be received and filed and his recommendation to award the bid to Signal Maintenance Inc., in the amount of $47,739.00 be approved. Motion carried. RESOLUTION NO. 7986 - A Resolution of the city Council of the City of Vernon Accepting the Bid of Signal Maintenance Inc. for Emergency Vehicle Preemption in Accordance with Contract No. 566 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7986 be approved and adopted. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 11, 2002, was presented, advising that the bids received and opened June 11, 2002, according to Contract No. 563, Resurfacing Soto Street, Bandini Boulevard, Pacific Boulevard, and Atlantic Boulevard, are as follows: All American Asphalt $ 797,797.00 Security Paving Co., Inc. $ 843,732.90 Sully -Miller Contracting Company $ 887,685.15 Page 6 of 21 Adjourned Regular City Council Minutes June 19, 2002 Excel Paving Company $ 939,357.00 Sequel Contractors, Inc. $ 1,019,481.14 The bids have been reviewed and it is hereby recommended that this contract be awarded to All American Asphalt on the basis of their bid of $797,797.00. The Mayor asked what the department's estimate was. The Director of Community Services and Water responded that it was $931,000.00. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated June 11, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7998 - A Resolution of the City Council of the City of Vernon Accepting the Bid of All American Asphalt for Resurfacing of Soto Street, Bandini Boulevard, Pacific Boulevard and Atlantic Boulevard in Accordance with Contract 563 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7998 be approved and adopted. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, advising that the bids received and opened June 13, 2002, according to Contract No. 559, Traffic Signal Modernization, are as follows: Signal Maintenance, Inc. $105,002.00 California Electrical Services $106,590.00 Steiny and Company, Inc. $108,873.00 KDC, Inc. dba Dynalectric $111,181.00 The bids have been reviewed and it is hereby recommended that contract be awarded to Signal Maintenance Inc., 2283 Via Burton, Anaheim, California 92806, on the basis of their bid of $105,002.00� The Mayor asked what the department's estimate was. The Director of Community Services and Water responded that the estimate for Contract No. 559 was $75,000.00. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8001 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Signal Maintenance Inc. for Traffic Signal Modernization in Accordance with Contract No. 559 of the City of Vernon and Approving the Execution of Said Contract, was presented. Page 7 of 21 Adjourned Regular City Council Minutes June 19, 2002 It was moved by Gonzales, seconded by Davis, that Resolution No. 8001 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that in accordance with Ordinance 1076 (Special Parcel Tax) it is necessary to take action prior to the beginning of the new fiscal year to approve a list of properties subject to the tax. A revised property list has been prepared and it is hereby recommended that the tax rate to be imposed on the parcels (per the attached list) pursuant to Ordinance No. 1076 for fiscal year 2002-2003 remain the same. The City Attorney addressed the City Council and advised that this has been reviewed by the Director of Community Services. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7988 - A Resolution of the City Council of the City of Vernon Determining the Tax on all Parcels Subject to the Special Parcel Tax Imposed by Ordinance No. 1076 for Fiscal Year 2002-2003, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7988 be approved and adopted. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, transmitting a fully executed Easement Deed from Violet Street Properties, L.L.C. The Easement Deed is for electrical utility purposes and incidental purposes, including rights of ingress and egress, over, across, under and through the real property located at 2590 Harriet Street, approximately 528 square feet in size, assessor's parcel number 5168-023-008, in the City of Vernon. It is recommended that the Easement Deed be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that on April 4, 2002, the Finance Committee, recommended the purchase and installation of one masterclock and to enter into a five-year maintenance agreement with Pacific Bell to enable the Police and Fire Departments to record the precise time when emergency calls are received at an approximate cost of $10,959.08. It is hereby recommended that such agreement be approved and executed. Page 8 of 21 Adjourned Regular City Council Minutes June 19, 2002 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7993 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for the Provision of Non -Regulated E911 Equipment By and Between the City of Vernon and Pacific Bell Telephone Company dba SBC Pacific Bell, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7993 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that on June 4, 2002, the Finance Committee, recommended to enter into a Professional Services Agreement with Booth & Associates, to provide an economic analysis of the cost of owning, operating, and maintaining an LM 2500 combined cycle power plant for possible use for capacity requirements for the ISO's proposed market redesign as mandated by FERC at a cost not to exceed $22,000.00. It is hereby recommended that such Agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7994 - 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 Booth & Associates International for Power Plant Acquisition Study, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7994 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that since 1998, the City's Redevelopment Agency had actively pursued the implementation of a potential redevelopment project known as the Business and Technology Development Center (BTDC). After further analysis and discussion, legal counsel has determined that the project and its objectives are focused toward an economic development effort and therefore the project should be pursued under the administration of the City. Submitted herewith are the following documents: 1. Staff report 2. Feasibility and Analysis Reports (Woodbury University). a. Phase 1, November 2000 b. Phase 1.5, February 26, 2001 C. Updated report, April 30, 2002 Page 9 of 21 Adjourned Regular City Council Minutes June 19, 2002 It is hereby recommended that the above listed items be received and filed, that the City determine that the BTDC is a viable project in assisting the City's economic development efforts, and that any future necessary actions be submitted to this Council for review and approval. The City Attorney addressed the City Council and briefly summarized this matter. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. Mayor Malburg abstained from voting on this decision. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that the current Street Sweeping Contract No. 548 with Nationwide Environmental Services (NES) will expire December 2002. On July 1, 2002, South Coast Air Quality Management District (SCAQMD) will place a new rule, "Rule 1186.1 Less - Polluting Sweepers," reduction of air toxic air and criteria pollutant emissions. This new ruling will require businesses such as NES to purchase environmentally efficient vehicles by acquiring alternative -fuel or less -polluting sweepers for all "New Contract" business. This change would increase our annual contract price from 25% to 40%; however, NES has provided an alternative to avoid this "New Contract" business rule at the time of expiration of the existing contract by supplementing the existing annual contract with a three-year contract to secure our existing pricing for the next three years. This has been reviewed by the City Attorney and it is hereby recommended that Supplement No. One to Contract 548 with National Environmental Services be approved and executed. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7995 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Supplement No. One to Contract No. 548 (Street Sweeping) by and between the City of Vernon and Joe's Sweeping, Inc., dba Nationwide Environmental Services, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7995 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that the Sheriff's Department is requesting an 830.1 PC Agreement be signed. This agreement will allow sworn peace officers to perform official duties in the jurisdiction of other cities and counties. This has been reviewed by the Chief of Police and the City Attorney and it is hereby recommended that the 830.1 PC Agreement be approved and executed. Page 10 of 21 Adjourned Regular City Council Minutes June 19, 2002 The Chief of Police briefly summarized this matter. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7997 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement Pursuant to California Penal Code Section 830.1 With the Los Angeles County Sheriff's Department for Authority of a Police Officer to Enter Political Subdivisions, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7997 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that Brenntag West, Inc. has requested permission to install, use, and maintain five wells throughout certain public streets in the City. They have executed Encroachment License Agreement No. 398 and have provided the required insurance. The insurance was approved by Risk Management on March 12, 2002. The check in the amount of $2,897.50 includes the issuance fee of $2,500.00 and the first annual renewal fee of $397.50. This has been reviewed by the Director of Community Services and Water, and it is hereby recommended that Encroachment License Agreement No. 398 be approved, and the Mayor and City Clerk be authorized to sign. The Director of Community Services addressed the City Council and advised that he has reviewed this matter and gave them further information. The Director of Environmental Health addressed the City Council and gave them some brief information. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8000 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 398 By and Between the City Of Vernon And Brenntag West, Inc. and Rescinding Encroachment License Agreement No. 395, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8000 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated June 4, 2002, was presented, requesting authority and funds for the below listed Dispatchers to attend the "Stress Management for Dispatchers Course" at San Bernardino on July 16, 2002, with an expense allowance of $53.00, of which POST will reimburse $39.20 each. Page 11 of 21 Adjourned Regular City Council Minutes June 19, 2002 • Jacqueline Hamilton • Debra Davis It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for the above listed dispatchers to attend the aforementioned course with an expense allowance of $53.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated June 4, 2002, was presented, requesting authority and funds for Police Officer Mason Chancey to attend the "Property and Evidence Seminar" at Burbank on July 11 and 12, 2002, with an expense allowance of $308.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Police Officer Mason Chancey to attend the aforementioned seminar with an expense allowance of $308.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 5, 2002, was presented, requesting authority and funds for Account Clerk Raquel Franco to attend the "Collecting Accounts Receivable Seminar" at Pasadena on July 23, 2002, with an expense allowance of $195.50. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Account Clerk Raquel Franco to attend the aforementioned seminar with an expense allowance of $195.50. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 10, 2002, was presented, requesting authority and funds for below listed City Officials to attend the "Independent Cities Association Seminar" at San Diego on July 10 through 14, 2002, with an expense allowance of $1,661.00 each. • Leonis Malburg, Mayor • William Davis, Councilman • Thomas Ybarra, Councilman • William McCormick, Councilman It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the above listed city officials to attend the aforementioned seminar with an expense allowance of $1,661.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 10, 2002, was presented, requesting authority and funds for himself to attend the "Independent Cities Association Seminar" at San Diego on July 10 through 14, 2002, with an expense allowance of $981.00. It was moved by McCormick, seconded by Davis, that authority and funds be approved for the City Administrator/City Clerk to attend the aforementioned seminar with an expense allowance of $981.00. Motion carried. Page 12 of 21 Adjourned Regular City Council Minutes June 19, 2002 Communication from Bruce Olson, Chief of Police, dated June 12, 2002, was presented, requesting authority and funds for the below listed Sergeants to attend the "Krimesite Imager Training" at Riverside on July 22, 2002, with an expense allowance of $346.00 each. • David Zapien • Rex Hill It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed officers to attend the aforementioned training with an expense allowance of $346.00 each. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, requesting authority and funds for himself and the below listed personnel to attend the "CALBO ATC 20/Postdisaster Safety Assessment Seminar" at Alhambra on July 22, 2002, with an expense allowance of $145.00 each. • William Wilson, Code Enforcement Inspector • Wenceslao "Pepe" Reynoso, Building Inspector 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 $145.00 each. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Industrial Training Services Diesel Electronic Engine Controls Seminar" at Burbank on July 24 and 25, 2002, with an expense allowance of $433.00 each. • Art Reynoso, Utilityman I • Victor Trujillo, Utilityman II It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $433.00 each. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "CALBO ATC 20/Postdisaster Safety Assessment Seminar" at Corona on July 26, 2002, with an expense allowance of $145.00 each. • Jerry Schreiber, Sr. Electrical Inspector • Leo Lee, Code Enforcement Inspector 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 $145.00 each. Motion carried. Page 13 of 21 Adjourned Regular City Council Minutes June 19, 2002 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, requesting authority and funds for Utilityman I Fernando Weathers to attend the "AWWA Water Distribution Review D1-D2 Course" at Rancho Cucamonga on August 7 and 8, 2002, with an expense allowance of $141.60. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Utilityman I Fernando Weathers to attend the aforementioned course with an expense allowance of $141.60. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 13, 2002, was presented, requesting authority and funds for Utilityman II Gerald Chavez to attend the "AWWA Water Distribution Review D2- D3 Course" at Rancho Cucamonga on August 14 and 15, 2002, with an expense allowance of $141.60. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Utilityman II Gerald Chavez to attend the aforementioned course with an expense allowance of $141.60. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 13, 2002, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held June 13, 2002, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting held June 13, 2002, be approved. Motion carried. The City Attorney asked that the following item be deferred to after closed session later today. RESOLUTION NO. 7984 - A Resolution of the City Council of the City of Vernon Reaffirming its Intent to Authorize the Procurement of Certain Life Insurance Policies for the City Administrator and Ratifying Such Actions. It was moved by Ybarra, seconded by Davis, that Resolution No. 7984 be deferred until later today. RESOLUTION NO. 7990 - A Resolution of the City Council of the City of Vernon Authorizing the Purchase of Two 2003 Ford Crown Victoria Sedans by Joining on the State of California, Department of General Services, Procurement Division, Contract No. 1-01-23-14, Awarded to Downtown Ford Sales, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7990 be approved and adopted. Motion carried. RESOLUTION NO. 7991 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Animal Control Services By and Between the City of Vernon and the Southeast Area Animal Control Authority for Animal Control Services for the Period July 1, 2002 To June 30, 2003, was presented. Page 14 of 21 Adjourned Regular City Council Minutes June 19, 2002 It was moved by Ybarra, seconded by Davis, that Resolution No. 7991 be approved and adopted. Motion carried. RESOLUTION NO. 7992 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposal for Janitorial Services at City Hall and Related Facilities, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7992 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finanee Personnel, dated May 29, 2002, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held June 17, 2002, for approval of the recommendations contained therein. The City Clerk advised that the aforementioned communication be corrected to reflect the correct title of the Director and that the regularly scheduled meeting to be held June 17, 2002, was adjourned to June 19, 2002. It was moved by Gonzales, seconded by Ybarra, that the recommendations on the Adjourned Regular Personnel Committee Meeting held June 19, 2002, be approved. Motion carried. The City Clerk asked that the following resolution be deferred to the first Council Meeting in the month of July. RESOLUTION NO. 8002 - A Resolution Of The City Council Of The City Of Vernon Commending Rick Torres For His Many Years Of Service To The City Of Vernon. It was moved by Davis, seconded by Ybarra, that Resolution No. 8002 be deferred to the first Council Meeting to be held in the month of July. Motion carried. Warrant Register No. 1092 covering claims and demands presented during the period of May 30 through June 12, 2002, drawn on Wells Fargo Bank totaling $1,153,973.84, which includes demand nos. 204999 through 205245, (inclusive), excluding Utilities' demands and voided check no. 205046. (Accounting period June 2002). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1092 be approved and payment authorized for claims and demands totaling $1,153,973.84, excluding Utilities' demands and voided check no. listed above. Motion carried. Warrant Register No. 1092 covering claims and demands presented during the period of May 30 through June 12, 2002, drawn on Wells Fargo Bank totaling $755,212.83, which includes Utilities' demands nos. as listed below: (Accounting period June 2002). 205001 205006 205007 205008 205009 205010 205012 205016 205021 205037 205040 205041 205053 205083 205087 205089 205102 205108 205120 205129 205148 205149 205161 205172 205174 205191 205190 205192 205197 205204 205206 205208 205213 205215 205219 205225 Page 15 of 21 Adjourned Regular City Council Minutes June 19, 2002 205235 205242 205244 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1092 be approved and payment authorized for Utilities' claims and demands totaling $755,212.83. 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. 552 covering claims and demands presented during the period of April 7 through May 18, 2002. Drawn on Wells Fargo Bank totaling $2,592,131.13, which includes demand nos. 7593 through 7647 (inclusive). (Accounting Period: May 2002). It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 552 be approved and payment authorized for claims and demands totaling $2,592,131.13. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 13, 2002, was presented, advising that the Federal Environmental Protection Agency (EPA) and the State of California, State Water resources Control Board (SWRCB), and California Regional Water Quality Control Board, Los Angeles Region (CRWQCB) are implementing a "Trash Total Maximum Daily Load" requirement of zero, which means that "zero" trash shall be discharged from the Los Angeles River Watershed. This would require a multi -million dollar effort with a low probability of success. The Coalition for Practical Regulation (CPR) is requesting that the Coalition Members join and adopt a resolution challenging the "Trash Total Maximum Daily Load" requirement of zero. This has been reviewed by the City Attorney and it is hereby recommended that a resolution be approved and executed. The City Attorney addressed the City Council and briefly summarized this matter. Samuel Kevin Wilson, Director of Community Services and Water and advised that he has reviewed this matter and further summarized this issue as far as the goals or demands that are being set on the agencies. Councilman Gonzales asked why it appears that the burden is being placed on the Cities or local government agencies and not the general public. Councilman Gonzales also asked if this matter is like the San Gabriel Water issue. The Director of Community Services and Water responded that he was not sure, but he thought that in the future this will also be directed toward other river areas. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 13, 2002, be received and filed and his recommendation approved. Motion carried. Page 16 of 21 Adjourned Regular City Council Minutes June 19, 2002 RESOLUTION NO. 7987 - A Resolution of the City Council of the City of Vernon Authorizing the Filing of Lawsuits in State and Federal Courts Challenging the Trash Total Maximum Daily Loads for the Los Angeles River and Authorizing the City to do all Other Actions Deemed Necessary or Advisable Concerning the Lawsuits, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7987 be approved and adopted. Motion carried. The City Clerk asked that the following resolution be deferred to the next City Council Meeting. RESOLUTION NO. 7985 - A Resolution of the City Council of the City of Vernon Regarding Expense Reimbursement. (Deferred from City Council Meeting held June 5, 2002.) The City Attorney addressed the City Council and briefly summarized this issue. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7985 be deferred to the next City Council Meeting. Motion carried. The Mayor called a short recess at 6:30 p.m. The City Council reconvened in regular session at 6:40 p.m. The City Clerk advised that there was nothing to be discussed on Item No. 2 at this time. 2. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classifications The City Clerk announced that now was the time to go into closed session on Item Nos. 3 and 5 with the exception of the Claim of Pacific Bell. It was moved by Ybarra, seconded by Gonzales, to go into closed session on Item Nos. 3 and 5, the time being 6:41 p.m. Motion carried. All persons were excused from closed session with the exception of the City Administrator/City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, and City Attorney. Page 17 of 21 Adjourned Regular City Council Minutes June 19, 2002 The Mayor ordered all communications to and from closed session deemed privileged and confidential. 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code § 54956.9. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (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) 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; (h) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ERO1-313 (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. ERO1-1579 (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); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RTO1-82 (SDG&E), RTO1-83 (PG&E), RT01-85 (ISO) and RTO1-92 (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; FERC Docket No. ER02-250 ((ISO); 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); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-925 (SCE); (i) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (j) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (k) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; (1) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; Page 18 of 21 Adjourned Regular City Council Minutes June 19, 2002 (m) 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); (n) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (o) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (p) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (q) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (r) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (s) Risk Enterprise Management Co., etc. v. Vernon; LASC No. VC037028; (t) Damon Construction Company v. Amelco Construction, etc. et al., LASC No. HP 02C00672; 5. With respect to every item of business to be discussed in closed session pursuant to Government Code 3 54956.95. LIABILITY CLAIMS Claimant: PAUL CARLTON FAIR Agency Claimed Against: CITY OF VERNON Claimant: PATRICIO BECERRA Agency Claimed Against: CITY OF VERNON Claimant: PAC BELL Agency Claimed Against: CITY OF VERNON The City Administrator/City Clerk was excused from closed session at 6:45 p.m., before discussion of the two anticipated litigation cases on the basis that he may be considered to have a disqualifying conflict of interest under Section 87100 of the Government Code. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on Item Nos., 3 and 5, and resume regular session, the time being 7:42 p.m. Motion carried. The City Attorney advised that the City Council should go into closed session on Item Nos. 1 and 4. It was moved by McCormick, seconded by Davis, that the City Council go into closed session on Item Nos. 1 and 4, the time being 7:42 p.m. Motion carried. All persons were excused from closed session with the exception of the City Attorney, Chief Deputy City Clerk, and Assistant to the Chief Deputy City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 19 of 21 Adjourned Regular City Council Minutes June 19, 2002 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code § 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION 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 McCormick, seconded by Ybarra, that the City Council go out of closed session on Item Nos. 1 and 4 and resume regular session, the time being 8:05 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER02-1656 (California Independent System Operator Corporation) are hereby ratified. Motion carried. It was moved by Ybarra, seconded by McCormick, that authority be granted to the City Attorney to initiate discussions with the FPPC regarding potential conflict of interest issues. Motion carried. RESOLUTION NO. 7984 - A Resolution of the City Council of the City of Vernon Reaffirming its Intent to Authorize the Procurement of Certain Life Insurance Policies for the City Administrator and Ratifying Such Actions, deferred from earlier during this meeting, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7984 be approved and adopted. Motion carried. Addendum to the City of Vernon City Council Meeting Agenda to be held, Wednesday, June 19, 2002, at 5:00 p.m. Consideration of the Agreement(s) by and between the City and Ivanhoe Energy Services & Development Inc., and also the agreement by and between the City and the Law Offices of David B. Brearley. The City Attorney discussed the current issues surrounding this matter. RESOLUTION NO. 8003 - A Resolution of the City Council of the City of Vernon Ratifying: (1) The City Attorney Employment Agreements (listed on the attached exhibit A); and (2) The Consulting Services Agreements By and Between the City of Vernon, The Redevelopment, Inc., (listed on the attached Exhibit "B"), was read by title by the City Attorney. Page 20 of 21 Adjourned Regular City Council Minutes June 19, 2002 It was moved by Gonzales, seconded by Davis, that Resolution No. 8003 be approved and adopted. Motion carried. RESOLUTION NO. 8004 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of An Amendment to the 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 read by title by the City Attorney. The City Attorney discussed this matter and explained this issue. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8004 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the liability claim of Paul Carlton Fair be accepted in the amount of $608.13. Motion carried. It was moved by Davis, seconded by McCormick, that the liability claim of Patricio Becerra be rejected. 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 to June 26, 2002, at 4:30 p.m. Motion carried. ATTEST: — Bruce V. Malkenhorst City Clerk onis C. Mallbtr g Mayor Page 21 of 21 ADDENDUM TO THE CITY OF VERNON CITY COUNCIL MEETING AGENDA TO BE HELD, WEDNESDAY, JUNE 19, 2002 — 5:00 P.M. Consideration of the Agreement(s) by and between the City and Ivanhoe Energy Services & Development Inc. and also the agreement by and between the City and the Law Offices of David B. Brearley This Addendum to the June 19, 2002 City of Vernon City Council Meeting Agenda was posted on June 15, 2002. AFFIDAVIT OF POSTING 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 on the 15th day of June, 2002, I posted a copy of the Addendum to the City Council Meeting Agenda for the meeting to be held June 19, 2002. Said copy was posted in front of the Civic Center Facility at 4305 Santa Fe Avenue, Vernon, California. IN WITNESS HEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Vernon, County of Los Angeles, State of California, on the 15th day of June 2002. . f, Date: 6 / 15 / 0 2�'. Gloria -J. Orosco Secretary to Executive Director State of California ) ". )ss County of Los Angeles) On)dne !1, y� before m`(�Ae, /-I Qitue 6 61rm, personally appeared Gloria J. Orosco , personally known to me to be the person(() whose name(s) is/are subscribed to the within instrument and.a0kp0wledged to me that he/she/t4tey executed the same in4tis/her/their- authorized capacity' ,-and that by his/her/their signature(R) on the instrument the person(s), or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal MANUEL-A GIRON Commission f 1329374 Notary public - California y Los A 4jeWs County My Comm. ExPirea Nov 4, 2005