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20020724 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 24, 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 July 3, 2002, be approved and adopted as submitted. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Irving and Ira Geldin, Owners of Geldin Meat Co., Inc., in Recognition of Their Service and Support of the Vernon Community, was presented. It was moved by McCormick, seconded by Gonzales, that the Proclamation commending and honoring Irving and Ira Geldin be forwarded to them. Motion carried. The Mayor presented the Proclamation to Joel Geldin, present on behalf of Irwing and Ira Geldin, and extended appreciation and congratulations of the City Council. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 8, 2002, was presented, advising that the below listed employees qualified in the month of June 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 06/07/99 Judy Lehr Legal Secretary 3 06/22/98 Otis Smith Electrical Engineer 4 09/01/78 Vince Washington Utilityman II 4 06/27/82 Kevin Wilson Director of Community Services and Water 4 09/18/89 Jeffrey Graves Fire Captain 7 04/22/80 Steven Towles Lieutenant 7 06/28/89 Carol Dacey Customer Service Manager 8 06/11/90 Christopher Romero Administrative Aide I 9 05/19/86 Fernando Rodriguez Sergeant 10 03/16/86 Robert Martinez Utilityman III 10 04/27/88 Solomon Benudiz Police Captain 11 08/30/87 Juan Arellano Utilityman II 12 04/01/84 Gary Sawyer Utilityman II 12 02/21/82 Joe Cervantes Utilityman II 13 12/21/87 Victor Trujillo Utilityman II 14 The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. Adjourned Regular City Council Meeting Minutes July 24, 2002 The following employees were unable to attend the meeting and their awards were accepted by their respective department head. Date of Hire Employee Award 11/28/79 Mason Chancey Police Officer 3 04/28/85 Donald Quiroz Facilities Coordinator 8 06/01/94 John Salomon IT Manager 8 09/03/85 David Zapien Acting Sergeant 11 The Mayor called a short recess at 5:17 p.m. The City Council reconvened at 5:21 p.m., all members present before the recess again being present. Police Department Activity Log for the period July 1 through 15, 2002, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period of July 1 through 15, 2002, be received and filed. Motion carried. Fire Department Activity Report for the period July 1 through 15, 2002, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period of July 1 through 15, 2002, be received and filed. Motion carried. Risk Management Report for the month of June 2002, was presented. It was moved by Davis, seconded by Ybarra, that the Risk Management Report for the month of June 2002 be received and filed. Motion carried. Health Department Report for the month of June 2002, was presented. It was moved by Ybarra, seconded by McCormick, that the Health Department Report for the month of June 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 any one in the audience who wished to address the City Council at this time. Mr. Gary Shushnar of U.S. Filter introduced himself and briefly addressed the City Council on the low-income housing, AB 1170, issue. Mr. Shushnar wanted his opposition of this bill to go on record because of the City's industrial base and the overall impact that such housing would have on the City as a whole. He stated that such housing within the City would be inappropriate for families because of the industrial environmental impact that may adversely affect residential life. Mr. Shushnar asked that the City Council contact our local legislators and government staff and oppose such bill. Page 2 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 Ms. Rosemary Domino of DK Environmental addressed the City Council and briefly addressed her thoughts on AB 1170 issues and continued to advise that they opposed this bill because of environmental issues that can affect additional low- income housing in the City. Such housing in the City of Vernon would not be conducive for the City and asked the City Council to oppose this bill based on environmental justice. Mr. Michael Spivey, President of the Vernon Chamber of Commerce, introduced himself and briefly addressed the City Council on AB 1170. He advised the Council that the Chamber has surveyed members of the Chamber with regard to AB 1170. He continued to say that so far the results they have obtained indicate that businesses in the City oppose such actions (additional housing.) He stated that many members and business owners are highly concerned about the effects such a Bill could have on the City of Vernon. Mr. Spivey stated that the full results of the survey should be available soon. The City Attorney asked when would the survey results be ready. The City Attorney asked if this report would be ready for the public at the next Council Meeting. Mr. Spivey advised that they would have to reschedule their board meeting in order to be able to provide the results prior to the next Council Meeting. Mr. Spivey also stated that he was not sure at this time but that he would discuss this matter with the board to emphasize the completion of such survey. He also stated that the Chamber has many members and that there may be some who do not support their thoughts or efforts but it was his belief that the majority of the members do. He also advised that he would have to present the results of the survey to the Board before he can provide additional information to the City. The Mayor thanked Mr. Spivey on behalf of the City Council. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 10, 2002, was presented, 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. 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. Page 3 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 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. (Deferred from City Council Meeting held June 26, 2002.) It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 10, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8023 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the Execution of an Equipment and Services Agreement By and Between the City of Vernon and Signal Maintenance Inc. Regarding Traffic Signal Lamp Conversion. (Deferred from City Council Meeting held June 26, 2002), was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8023 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 26, 2002, was presented, advising that it is necessary at this time that an agreement be entered with Southern California Edison Company for a Combined System Planning and Facilities Study for the Malburg Generating Station Project (MGSP). The System Planning Study will determine the adequacy of Edison's electrical system to interconnect the MGSP to Vernon's 66kV transmission system and the production of power and/or ancillary services. The Facilities Study will determine the transmission system upgrades and any equipment modification or additions required. The cost for these services is approximately $55,000.00. This has been reviewed by the Director of Utilities and the City Attorney and it is hereby recommended that said agreement be approved and executed. (Deferred from City Council Meeting held July 3, 2002.) The City Attorney advised that the CEC is requesting that this study be completed as part of the application. He also advised that due to the urgency to act on this it was necessary that the agreement be executed; therefore, at this time the execution of the agreement should be ratified as well as the issuance of a check in the amount of $55,000 to pay for such study. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated June 26, 2002, be received and filed and that the execution of the agreement be ratified as well as the issuance of the check. Motion carried. Councilman Davis abstained from voting. RESOLUTION NO. 8017 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Combined System Planning and Facilities Study Agreement By and Between the City of Vernon and Southern California Edison Company Regarding the Malburg Generating Station Project. (Deferred from City Council Meeting held July 3, 2002), was presented. Page 4 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 It was moved by McCormick, seconded by Ybarra, that Resolution No. 8017 be approved and adopted. Motion carried. Councilman Davis abstained from voting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 27, 2002, was presented, advising that on June 19, 2002, the Finance Committee, recommended that the Police Department's existing Hewlett- Packard support services agreement, which covers the equipment and software for the Records Management System, Computer Aided Dispatch System, and the Mobile Computer Terminals, for the period of July 1, 2002 through June 30, 2003, be renewed at an approximate cost of $43,116.00. It is hereby recommended that such agreement be approved and executed. (Deferred from City Council Meeting held July 3, 2002.) It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated June 27, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8015 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Support Services Contract By and Between the City of Vernon and Hewlett-Packard Co. (Deferred from City Council Meeting held July 3, 2002), was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8015 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 8, 2002, was presented, advising that the Agenda for the Adjourned Regular Personnel Meeting held July 2, 2002, was inadvertently omitted from the Agenda for the City Council Meeting held July 3, 2002. It is hereby recommended that all actions contained therein that were recommended to the City Council for approval with an effective date of July 1, 2002, be ratified; it is also recommended that City Council, at this time, approve all other recommendations for actions with other dates. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated July 8, 2002, be received and filed and his recommendations approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 16, 2002, was presented, advising that California Warehouse Co. has requested an additional one-year extension for their temporary office trailer located at 4455 Fruitland Avenue, due to insufficient funds originally set aside for the construction of new permanent office. This has been reviewed by the Director of Community Services and Water, and it is hereby recommended that the trailer permit be extended through July 9, 2003. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated July 16, 2002, be received and filed and his recommendation approved. Motion carried. Page 5 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 16, 2002, was presented, transmitting a one-year Water Right License and Agreement with NI Industries, Inc., for the rights to 138 acre-feet of water. The cost of this water is $245.00 per acre-foot or $33,810.00 total. This has been reviewed by the Director of Community Services and Water and the City Attorney; and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. It was moved by Davis, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated July 16, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8030 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and NI Industries, Inc. Which Grants the City of Vernon a License to Extract 138 Acre -Feet of the Allowed Pumping Allocation of NI Industries, Inc. for the Period July 1, 2002 Through June 30, 2003, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8030 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 16, 2002, was presented, advising that pursuant to Bid No. 1416, Purchase of a 2002/2003 Ford Excursion, the following bids were received and opened on July 15, 2002: Midway Ford $28,710.00 Carmelita Truck Center $29,420.00 Folsom Lake Ford No Bid Downey Ford No Bid This has been reviewed by the Fire Department. It is hereby recommended that the bid be awarded to Midway Ford, the lowest bidder, a vehicle purchase contract be approved and executed, and a purchase order be issued for the purchase of a 2003 Ford Excursion at an approximate cost of $28,710.00. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated July 16, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8029 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Midway Ford on Bid No. 1416 for the Purchase of a 2003 Ford Excursion for the Fire Department and Approving and Authorizing the Execution of a Vehicle Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid, was presented. Page 6 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 It was moved by Ybarra, seconded by Davis, that Resolution No. 8029 be approved and adopted. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated July 17, 2002, was presented, advising that the bids according to 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 the results are as listed below: Pacific Asphalt Services $135,335.00 E.G.N. Construction Inc. $164,694.00 Commercial Paving & Coating $169,500.00 Fleming Environmental Inc. $177,190.74 Excel Paving Company $182,885.85 Pacific Construction Company $188,709.00 E.A. Mendoza Contracting $216,100.00 Pacific Asphalt Services was the lowest bidder; however, on June 12, 2002, Pacific Asphalt Services requested, in writing, to withdraw its bid. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that Contract 561 be awarded to the second lowest bidder, E.G.N. Construction Inc., at an approximate cost of $164,694.00. The Mayor asked what was the engineer's estimate. The Director of Community Services and Water responded that it was $140,000.00. He advised that the lowest bidder had a problem providing references and subsequently withdrew its bids. The City Clerk asked why the engineer's estimate was so low. The Director of Community Services and Water advised that the engineer's asphalt estimate was too low compared to today's market price. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated July 17, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8020 - A Resolution of the City Council of the City of Vernon Accepting the Bid of E.G.N. Construction Inc. for Resurfacing of Fire Station No. 3 and New Paving & Fencing of Booster Plant No. 3 in Accordance with Contract No. 561 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. 8020 be approved and adopted. Motion carried. Page 7 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 16, 2002, was presented, advising that on May 8, 2002, this legislative body approved the rehabilitation and replacement of the entire pump unit for Well No. 19. Layne Christensen was the selected vendor to perform the services due to its familiarity with the City's wells at an approximate cost of $258,127.00. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that the agreement with Layne Christensen be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated July 16, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8031 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services By and Between the City of Vernon and Layne Christensen Company for Rehabilitation of Well No. 19, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8031 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated June 28, 2002, was presented, requesting authority and funds for Records Clerk Rosa Moctezuma to attend the "Crime Analysis Process Seminar" at Sacramento on August 19 through 23, 2002, with an expense allowance of $925.85, of which POST will reimburse $747.24. It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Records Clerk Rosa Moctezuma to attend the aforementioned seminar with an expense allowance of $925.85. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 3, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Tactics/Covert Crisis Entry Course" at Orange on August 7 and 8, 2002, with an expense allowance of $258.40, of which POST will reimburse $249.60 each. • David Zapien, Sergeant • Jerry Winegar, Sergeant • Roberto Sousa, Sergeant • Mike Chavez, Sergeant • Penny Turner, Sergeant • Miguel Torres, Police Officer • Daniel O'Neil, Police Officer • Jose Urita, Police Officer • George Salazar, Police Officer It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for the above listed police personnel to attend the aforementioned course with an expense allowance of $258.40 each. Motion carried. Page 8 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 Communication from Bruce Olson, Chief of Police, dated July 5, 2002, was presented, requesting authority and funds for Sergeant Rex Hill to attend the "Radiological Training for First Responders Seminar" at Ontario on August 26 and 27, 2002, with an expense allowance of $74.00, of which POST will reimburse $62.80. It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Sergeant Rex Hill to attend the aforementioned seminar with an expense allowance of $74.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 9, 2002, was presented, requesting authority and funds for himself to attend the "League of California Cities Annual Conference" at Long Beach on October 2 through 5, 2002, with an expense allowance of $657.00. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the City Administrator/City Clerk to attend the aforementioned conference with an expense allowance of $657.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 9, 2002, was presented, requesting authority and funds for the below listed City Officials to attend the "League of California Cities Annual Conference" at Long Beach on October 2 through 5, 2002, with an expense allowance of $1,124.00 each. • Leonis C. Malburg, Mayor • Thomas Ybarra, Mayor Pro-Tem • Hilario Gonzales, Councilman • William Davis, Councilman • Michael McCormick, Councilman It was moved by Gonzales, 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 $1,124.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 9, 2002, was presented, requesting authority and funds for the below listed City Officials to attend the "League of California Cities Annual Conference" at Long Beach on October 2 through 5, 2002, with an expense allowance of $1,062.00 each. • Kevin Wilson, Director of Community Services and Water • Steven Parker, Fire Chief • Bruce Olson, Chief of Police • Lewis Pozzebon, Director of Environmental Health • Jorge Somoano, Deputy Director of Utilities 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 $1,062.00 each. Motion carried. Page 9 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated July 16, 2002, was presented, requesting authority and funds for Fiber Optic and Traffic Systems Manager Ali Nour to attend the "Negotiating Telecommunications Deals Seminar" at San Francisco on July 25 and 26, 2002, with an expense allowance of $1,067.76. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for Fiber Optic and Traffic Systems Manager Ali Nour to attend the aforementioned seminar with an expense allowance of $1,067.76. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 10, 2002, was presented, transmitting the Minutes of the Regular Finance Committee Meeting held July 9, 2002, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular Finance Committee Meeting held July 9, 2002, be approved. Motion carried. The City Attorney asked that the following resolution be deferred to the next meeting. RESOLUTION NO. 8022 - A Resolution of the City Council of the City of Vernon Delegating Investment Authority to the City Treasurer. It was moved by Gonzales, seconded by Davis, that Resolution No. 8022 be deferred to the next meeting. Motion carried. RESOLUTION NO. 8024 - A Resolution of the City Council of the City of Vernon Ratifying the Actions Taken Regarding Bound Coverage from Hartford Casualty Insurance Company for Excess Workers' Compensation Insurance, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8024 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 18, 2002, was presented, transmitting the Agenda for the Regular Finance Committee Meeting to be held July 23, 2002, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations on the Agenda for the Regular Finance Committee Meeting held July 23, 2002, be approved. Motion carried. RESOLUTION NO. 8025 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8007 By Amending Schedules II, III, and IV of Said Resolution Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8025 be approved and adopted. Motion carried. Page 10 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 RESOLUTION NO. 8026 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to the Agreement for Consulting Services by and Between the City of Vernon and Melvyn Green and Associates, Inc., was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8026 be approved and adopted. Motion carried. RESOLUTION NO. 8027 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and SKS Professional Services, Inc., dba MSW Consultants, for Services Relating to AB 939 Compliance and Franchise Fees, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8027 be approved and adopted. Motion carried. RESOLUTION NO. 8028- A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Professional Consulting Agreement By and Between the City of Vernon and David Turch and Associates for Federal Advocacy Services, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8028 be approved and adopted. Motion carried. RESOLUTION NO. 8032 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Interim Letter Agreement By and Between the City of Vernon and The Scott Company for Project Engineering Design and Permit Support Regarding the Malburg Generating Station Project, was presented. The City Attorney briefly summarized this matter. The Director of Utilities, Kenneth DeDario, advised the Council that the CEC is requesting more information in conjunction with the application process and that this is necessary in order to move forward at this time. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8032 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 18, 2002, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held July 23, 2002, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held July 23, 2002, be approved. Motion carried. Page 11 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 Warrant Register No. 1094 covering claims and demands presented during the period of June 27 through July 17, 2002, drawn on Wells Fargo Bank totaling $798,013.32, which includes demand nos. 205506 through 205776, (inclusive), excluding Utilities' demands and voided check no. 205534. (Accounting period July 2002). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1094 be approved and payment authorized for claims and demands totaling $798,013.32, excluding Utilities' demands and voided check as mentioned above. Motion carried. Warrant Register No. 1094 covering claims and demands presented during the period of June 27 through July 17, 2002, drawn on Wells Fargo Bank totaling $1,868,077.12, which includes Utilities' demands nos. as listed below: (Accounting period July 2002). 205507 205514 205517 205520 205523 205524 205525 205530 205537 205538 205539 205540 205541 205543 205544 205549 205550 205552 205570 205573 205593 205594 205604 205606 205612 205624 205625 205631 205639 205640 205645 205655 205660 205663 205668 205675 205695 205697 205708 205735 205736 205743 205744 205747 205749 205758 205765 205770 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1094 be approved and payment authorized for Utilities' claims and demands totaling $1,868,077.12. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Payroll Warrant Register No. 553 covering claims and demands presented during the period of May 19 through June 15, 2002. Drawn on Wells Fargo Bank totaling $1,730,996.95, which includes demand nos. 7648 through 7691 (inclusive). (Accounting Period: June 2002). It was moved by Davis, seconded by McCormick, that Payroll Warrant Register No. 553 be approved and payment authorized for claims and demands totaling $1,730,996.95. Motion carried. The City Attorney asked that the following communication and resolution be deferred to after closed session later today. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 26, 2002, advising that Contract No. 549, Construction of City Hall Addition and Remodel, has been completed. Page 12 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 The total amount, including Change Orders 1 through 95 is $5,534,946.04. No payment is due now. The remaining ten percent (10%) of the total contract amount, or the sum of $553,494.60, is payable thirty-five days after acceptance of the work, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. The Community Services Department has received one Stop Notice to withhold payment totaling $816.00. The City of Vernon is to withhold one hundred twenty-five percent (125%) of the Stop Notice, the sum of $1,020.00 from the payment. This amount shall be withheld from the payment to Amelco Construction, a division of Amelco Industries. It is hereby recommended that the work be accepted and that City Council withhold the sum of $157,979.97 from the retention to cover various City claims. The payable retention, after withholding the City claims and one stop notice is $552,474.60. (Deferred from City Council Meeting held July 3, 2002.) RESOLUTION NO. 7985 - A Resolution of the City Council of the City of Vernon Accepting the Work of Amelco Construction, a Division of Amelco Industries in Accordance with Contract No. 549 of the City of Vernon. (Deferred from City Council Meeting held July 3, 2002.) It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated June 26, 2002, and Resolution No. 7985 be deferred to after closed session during this meeting. Motion carried. The Mayor asked if there were any other questions or comments. Councilman Gonzales addressed the audience and commented that he would like to publicly state his appreciation to those members of the Board of the Chamber of Commerce for their comments and concerns regarding the low-income housing issue. He advised that the City Council appreciates the comments and input that was offered this evening. The Mayor also commented on this and stated that he wished more business representatives in the community would attend the Council Meetings. Councilman McCormick reiterated Councilman's Gonzales and the Mayor's sentiments and thanked the members of the Chamber for coming forward and speaking to the City Council on issues of such grave importance. The Mayor called a short recess at 6:05 p.m. The City Council reconvened in regular session at 6:10 p.m., all members present before the recess again being present. The City Clerk advised that now was the time to go into closed session on Item No. 1. Page 13 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 It was moved by Davis, seconded by Gonzales, that the City Council go into closed session on Item No. 1, the time being 6:10 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, City Attorney, Director of Community Services and Water, and the Utilityman IV. The Mayor ordered all communications to and from closed session be deemed privileged and confidential. 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 Utilityman IV was excused from closed session at 6:15 p.m. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on Item No. 1, the time being 6:20 p.m. Motion carried. The City Administrator/City Clerk advised that now was the time to go into closed session on Item Nos. 3, 4, and 5. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 6:21 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, City Attorney, and Director of Community Services and Water. The Mayor ordered all communications to and from closed session be 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) ; Page 14 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 (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. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); 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), RTO1-85 (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); FERC Docket No. ER02-1656 (ISO); EL02-103 (Vernon); (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; (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. EL01-37 (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; (u) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (v) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); Page 15 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 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 cases. 5. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. Claimant: PAUL CARLTON FAIR Agency Claimed Against: CITY OF VERNON The Director of Community Services and Water was excused from closed session at 6:32 p.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session on Item Nos. 3,4, and 5, the time being 6:33 p.m. Motion carried. The City Administrator/City Clerk advised that now was the time to go into closed session on Item Nos. 1 and 2. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item Nos. 1 and 2, the time being 6:34 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. The Mayor ordered all communications to and from closed session be deemed privileged and confidential. 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 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code § 54957. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classification It was moved by Gonzales, seconded by Davis, to go out of closed session on Item Nos. 1 and 2 and resume regular session, the time being 6:36 p.m. Motion carried. Page 16 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 It was moved by Ybarra, seconded by McCormick, that the Settlement Agreement and Mutual Release of Claims by and between the City of Vernon and Amelco Construction, a Division of Amelco Industries, with regards to Contract No. 549 be approved and the Mayor authorized to execute the Agreement on behalf of the City. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated June 26, 2002, was presented, advising that Contract No. 549, Construction of City Hall Addition and Remodel, has been completed. The total amount, including Change Orders 1 through 95 is $5,534,946.04. No payment is due now. The remaining ten percent (10%) of the total contract amount, or the sum of $553,494.60, is payable thirty-five days after acceptance of the work, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. The Community Services Department has received one Stop Notice to withhold payment totaling $816.00. The City of Vernon is to withhold one hundred twenty-five percent (125%) of the Stop Notice, the sum of $1,020.00 from the payment. This amount shall be withheld from the payment to Amelco Construction, a division of Amelco Industries. It is hereby recommended that the work be accepted and that City Council withhold the sum of $157,979.97 from the retention to cover various City claims. The payable retention, after withholding the City claims and one stop notice is $552,474.60. (Deferred from an earlier time during this meeting.) It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated June 26, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7985 - A Resolution of the City Council of the City of Vernon Accepting the Work of Amelco Construction, a Division of Amelco Industries in Accordance with Contract No. 549 of the City of Vernon. (Deferred from an earlier time during this meeting.) It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7985 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the discipline recommended by the Director of Community Services and Water for the Utilityman IV be approved. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Settlement Agreement in the Federal Energy Regulatory Commission Docket No. EL00-111-002 and ELO1-84-000 be approved, subject to final review and approval by the City Attorney, and authorize the City Administrator/City Clerk to execute the Agreement on behalf of the City. Motion carried. Page 17 of 18 Adjourned Regular City Council Meeting Minutes July 24, 2002 It was moved by Gonzales, seconded by McCormick, that enrollment in the California Public Employers Retirement System for the City Attorney and the City's Financial Legal Counsel be approved. Motion carried. It was moved by McCormick, seconded by Ybarra, that the liability claim from Paul Carlton Fair be approved and executed and the Release of All Claims be accepted. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn, the time being 6:39 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk ` Leonis C. Malbu g Mayor Page 18 of 18 NOTICE OF ADJOURNMENT Notice is hereby given that the City Council Meeting to be held July 17, 2002 at 5:00 p.m., was adjourned (Due to Lack of Quorum) to July 24, 2002 at 5:00 p.m., to be held in the City Council Chambers of the City Hall located at 4305 Santa Fe Avenue, Vernon, California, by order of the City Council. - C�2 Date Chief Deput City Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Gloria J. Orosco, declare as follows: That I am the Chief Deputy City Clerk of the City of Vernon, and that a regular meeting of the City Council of the City of Vernon to be held July 17, 2002 was adjourned to July 24, 2002, and that a copy of said notice (as set forth above) was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Executed on % o;�d C) mat Vernon, California. C ief Depu City Clerk