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20021023 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 23, 2002, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA LOCATION: VERNON CITY HALL - CITY COUNCIL CHAMBERS 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 Adjourned Regular City Council Meeting held October 9, 2002, be approved and adopted as submitted. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Captain Todd Hewett in Recognition of the Help and Assistance He Rendered a Heart Attack Victim, was read by title. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Captain William Niesley in Recognition of the Help and Assistance He Rendered a Heart Attack Victim, was read by tile. The Fire Chief addressed the City Council and provided further information on this issue. The Mayor presented both Fire Captains with their respective Proclamations and commended them on their dedication and quick action when it was necessary. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 9, 2002, was presented, advising that the below listed employees qualified in the month of September 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 09/28/98 Brett Koontz Environmental Specialist 4 02/25/91 Leonard Grossberg Senior Environmental Specialist 4 05/16/88 David Moore Fire Captain 6 09/12/94 Kurt Smith Fire Engineer 8 O1/06/86 Lewis Pozzebon Director of Environmental Health 9 06/29/87 Michael Gillman Lieutenant 11 07/01/79 Charla Duncan Secretary 19 The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. Adjourned Regular City Council Meeting Minutes October 23, 2002 The following employees were unable to attend the meeting and their awards were accepted by their respective department head. 09/25/00 Christopher Delgado Systems Coordinator 2 09/04/00 Rodolfo Montano Police Officer 2 06/24/98 Leo Lee Code Enforcement Inspector 4 07/14/81 Richard Stoykovich Utilityman I 5 05/19/91 Gerardo Farias Utilityman IV 6 09/18/95 Daniel Santos Police Officer 7 11/02/92 Thomas Egan Firefighter 7 O1/07/91 Anthony Rotell Firefighter 7 09/18/94 Anthony Hinojos Utilityman IV 8 09/12/94 Paul Johnson Fire Engineer 8 09/12/94 David Koltvet Firefighter 8 09/12/94 Michael Langer Fire Captain 8 09/12/94 Jason McEachran Fire Engineer 8 09/12/94 Jeffrey Neely Fire Engineer 8 O1/08/84 Roy Ness Utilityman II 8 08/17/87 Michael Busch Fire Captain 11 The Mayor called a short recess at 5:18 p.m. The City Council reconvened in regular session all members present before the recess again being present, the time being 5:21 p.m. Police Department Activity Log for the period October 1 through 15, 2002, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period October 1 through 15, 2002, be received and filed. Motion carried. Fire Department Activity Report for the period October 1 through 15, 2002, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period October 1 through 15, 2002, be received and filed. Motion carried. Risk Management Report for the month of September 2002, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of September 2002 be received and filed. Motion carried. Health Department Report for the month of September 2002, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of September 2002 be received and filed. Motion carried. Page 2 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 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 the expenditure of Citizens Options for the Public Safety (COPS) funds provided by Senate Bill 832. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider the expenditure of Citizens Options for the Public Safety (COPS) funds provided by Senate Bill 832, the time being 5:22 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 1, 2002, was presented, advising that in October 2001, the City received $100,000.00 through State Citizen's Options for Public Safety (COPS) funds as part of Assembly Bill 823 that must be spent before June 30, 2003. The intent of legislature allocating these funds is to provide, among other things, frontline law enforcement services and the implementation of a comprehensive multi -agency juvenile justice plan. The Police Department has allocated certain amounts from this grant for the acquisition of the following: • $45,000.00 for a Command Vehicle • $35,000.00 for Tactical Response Equipment • $35,000.00 for Wireless Video Equipment This has been reviewed by the City Attorney and it is hereby recommended that the Police Department be authorized to proceed with the acquisition of the requested equipment utilizing the COPS Grant Funds. Lieutenant Towles addressed the City Council on behalf of the Police Department and briefly summarized this matter for them. The Mayor asked if there were any questions or comments. There were no questions or comments at this time. It was moved by Gonzales, seconded by Davis, to close the public hearing to consider the expenditure of Citizens Options for the Public Safety (COPS) funds provided by Senate Bill 832, the time being 5:25 p.m. Motion carried. Page 3 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 It was moved by McCormick, seconded by Ybarra, that the communication from the City Administrator/City Clerk, dated October 1, 2002, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8092 - A Resolution of the City Council of the City of Vernon Providing for the Implementation of the Citizens Option for Public Safety (COPS) Program, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8092 be approved and adopted. Motion carried. The City Attorney asked the City Council to defer the below listed hearing until after closed session during this meeting. HEARING to consider the Industrial Disability Retirement Application from Fire Engineer Randy Bohlander. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 1, 2002, advising that Randy Bohlander was hired as a Firefighter on February 1, 1970; and filed a workers' compensation claim for heart valve replacement surgery on September 4, 2001. Mr. Bohlander has exhausted his Labor Code 4850 benefits as of September 3, 2002 which provides that a safety member while on leave of absence due to an injury or illness arising out of or in the course of his or her duties is entitle to receive no loss of salary for the duration of the disability but not exceeding one year. The unusual nature of this matter and the fact that the City no longer has access to medical report has required the assistance of John Tharp, the City's workers compensation attorney. On a letter dated September 19, 2002, Mr. Tharp refers to Government Code Section 21020 in that either a medical report indicating that the applicant is permanent and stationary and/or disability of permanent or extended and uncertain duration is sufficient entitlement for industrial disability retirement. Based on medical information, Mr. Bohlander's heart problem is of a permanent or an extended and uncertain duration. This has been reviewed by our Risk Manager and it is hereby recommended that the City Council approve Fire Engineer Randy Bohlander's Industrial Disability Retirement Application and issuance of advanced disability pension payments in the amount of $3,177.00 to be paid monthly beginning September 4, 2002. It was moved by Ybarra, seconded by Gonzales, to defer the aforementioned hearing to consider the Industrial Disability Retirement Application from Fire Engineer Randy Bohlander until after closed session during this meeting. Motion carried. The City Clerk asked that the following matter be deferred to the next City Council Meeting. Page 4 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 12, 2002, advising that pursuant to Amendment No. 1 to the Edison -Vernon Victorville-Lugo Transmission Service Agreement, the City has a one-time right to extend the 64 MW additional transmission service beyond December 31, 2002. Utilities' staff advises that the 64 MW of Victorville-Lugo additional transmission service be terminated due to the development of the Malburg Generation Station, which will satisfy a substantial portion of Vernon's energy requirements in the future, save substantial ongoing costs and future cost exposures associated with retaining the Victorville-Lugo additional transmission service, and reduce Edison's transmission cost by approximately $414,000.00 per year. This has been reviewed by the Director of Utilities and it is hereby recommended that the Edison -Vernon Victorville-Lugo Transmission Service Agreement be terminated. (Deferred from City Council Meeting held October 9, 2002.) The Director of Utilities advised the City Council that the City has been given a 45-day extension, through November 14, 2002, to make a decision on whether the City would elect to continue to utilize any/or all of the additional 64MW of transmission through Amendment No. 1 of the Edison -Vernon Victorville-Lugo Transmission Agreement. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication dated September 12, 2002, be deferred to the next City Council Meeting. Motion carried. The City Clerk asked 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 October 3, 2002, advising that in 1997, the City of Vernon and Southern California Edison Company (Edison) entered into a Restructuring Agreement which provides for the issuance of revised franchise agreement to Edison and for the granting of certain Edison property to the City of Vernon for the extension of 26th Street in connection with the I-710 Bandini Interchange Project. After further negotiations, it has been determined that the City will need to acquire new property from Edison rather than the property stated on the original agreement. As part of this agreement, it is necessary at this time that a resolution finding and determining that the public interest and necessity require the acquisition of such property. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that a resolution for "necessity and intent to condemn" be approved and adopted. (Deferred from City Council Meeting held October 9, 2002.) RESOLUTION NO. 8081 - A Resolution of the City Council of the City of Vernon Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Real Property for the Extension of 26th Street in the City of Vernon. (Deferred from City Council Meeting held October 9, 2002.) Page 5 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated September 12, 2002, and Resolution No. 8081 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 10, 2002, was presented, advising that West Pico Foods, Inc., has requested an additional one-year permit extension for their temporary office trailer located at 5201 Downey Road due to significant financial difficulties the company is currently facing, which have limited the funds appropriated for the construction of the permanent structure. This has been reviewed by the Director of Community Services and Water and it is hereby recommended that the trailer permit be extended through August 7, 2003. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 10, 2002, be received and filed and his recommendation approved and that West Pico Foods be granted a one-year extension of their temporary office trailer permit. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 1, 2002, was presented, advising that on September 24, 2002, the Finance Committee recommended that authorization be granted to the Community Services and Water Department to submit request for proposals to qualified firms to provide a Telecommunication Services Feasibility Study. After further review, the department has determined that R.W. Beck is the most qualified firm for this project. On October 8, 2002, the department requested to the Finance Committee that the services of R.W. Beck, Inc., be retained to provide the services listed below at a cost not to exceed $62,500.00. • Market Survey $33,300.00 • Network Technical Review $ 8,250.00 • Financial Pro Forma $11,000.00 • Implementation Plan $ 9,950.00 This has been reviewed by the City Attorney and it is hereby recommended that a Consulting Services Agreement with R.W. Beck, Inc., be approved and executed. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 1, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8072 - 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 R. W. Beck, Inc. for Telecommunication Services Feasibility Study, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8072 be approved and adopted. Motion carried. Page 6 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 16, 2002, was presented, transmitting a fully executed Grant of Easement from Maurice Black and Robert M. Black. The Grant of Easement is for street purposes and all other uses appurtenant thereto in, on, over, under, and through the real property, located on the west of Alcoa Avenue 400 feet north of the centerline of Slauson Avenue, approximately 666.20 square feet in size, assessor's parcel number 6310-006-012, in the City of Vernon. It is recommended that the Grant of Easement Deed be accepted, the Certificates of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated October 16, 2002, be received and filed and the Grant of Easement be approved. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 16, 2002, was presented, advising that the bids according to Contract No. 565, Seville Avenue Sewer Main Replacement, were received and opened October 1, 2002, and the results are as listed below: Cody Engineering Inc. $243,440.00 Paulus Engineering $259,993.00 Ross A. Guy & Son Inc. $269,305.00 Tomovich & Associate $269,468.00 Matthew & Stewart Co. Inc. $271,646.00 John T. Malloy, Inc. $288,030.00 Mladen Grbavac Construction. Co. $311,100.00 Grgo & Gordon Grbavac Co. Inc. $338,202.00 Mike Prlich & Sons Inc. $344,452.00 KEC Engineering $344,750.00 Clarke Contracting Corp. $470,345.00 The Seville Avenue Sewer Main Replacement is part of the proposed Malburg Generating Station Construction Project and was budgeted for 220,000.00 in fiscal year 2002/2003; however, the lowest bid is $243,440.00. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that Contract 565 be awarded to the lowest bidder, Cody Engineering Inc., at an approximate cost of $243,440.00. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated October 16, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8088 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Cody Engineering, Inc. for the Seville Avenue Sewer Main Replacement in Accordance with Contract No. 565 of the City of Vernon and Approving the Execution of Said Contract, was presented. Page 7 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 It was moved by Ybarra, seconded by Davis, that Resolution No. 8088 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 16, 2002, was presented, advising that Contract 553, Traffic Pavement Striping Agreement, with PCI LTD., expires on October 26, 2002. Under Section 16 of the Special Provisions, the contract provides for an extension by mutual agreement and under Section 12 of the same, they are eligible for a Consumer Price Index (CPI) increase of 75% of the CPI as published November 1, 2002. The present CPI is 2.2%; therefore, the present monthly contract amount of $31,250.68 will increase to approximately $31,766.31. This has been reviewed by the Director of Community Services and Water Department and the City Attorney and it is hereby recommended that Contract 553, Traffic Pavement Striping Agreement, be extended through October 27, 2003. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 16, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8091 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a One -Year Extension of Contract No. 553 (October 27, 2002- October 26, 2003) By and Between the City of Vernon and Paving Contractors, Inc., was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8091 be approved and adopted. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 17, 2002, was presented, advising that XB Partners, LP. has submitted Final Parcel Map No. 26476. On August 7, 2002, the City Council approved the Tentative Parcel Map with the following conditions: 1. Reconstruct to City standards curb, gutter, sidewalk, and associated pavement along the entire Bickett Street frontage within the City of Vernon to Master Plan width. The curb face of the curb and gutter shall be 15 feet from the street centerline. Appropriate transitions to existing curb and gutter at the City of Huntington Park boundary shall be provided as necessary. All utility poles, water meters, and vaults, fire hydrants, and any Utilities or structures interfering with the relocation of the curb shall be removed or relocated as part of the construction. Street trees shall be planted in accordance with City Standards, unless onsite landscaping is approved by the City. Said improvements shall be provided at no cost to the City. All public improvements shall be shown on Frontage Improvement Plans in standard City format with centerline stationing and elevations consistent with an approved City benchmark. Frontage Improvement Plans will be subject to approval by the City prior to issuance of an encroachment or building permit. Page 8 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 2. All storm drainage shall be in accordance with NPDES requirements. The properties shall be graded such that drainage shall not cross property lines except as provided by a drainage easement approved by the City. Parkway drains per City of Vernon standards shall be provided to channel on -site drainage into the public right-of-way. 3. The parcels shall be provided with utilities. New and existing utilities shall not cross property lines, unless utility easements are approved by the City of Vernon Community Services and Water or Utilities Departments. 4. The Developer shall provide at no cost to the City of Vernon a three (3) foot dedication for road and utility purposes along the westerly side of Bickett Street, adjoining parcel "A", and within Vernon. The conditions of the Tentative Parcel Map have been met or Performance Bonds have been obtained. The project is consistent with the Vernon General Plan as adopted by the City of Vernon, and is consistent with the State Subdivision Map Act. As part of the tentative map approval process, it was determined that the project was categorically exempt from the California Environmental Quality Act. It is hereby recommended that Final Parcel Map No. 26476 be approved. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated October 17, 2002, be received and filed and Final Parcel Map No. 26476 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 17, 2002, was presented, advising that on April 28, 1987, this legislative body approved Resolution No. 5379, authorizing the Police Chief to destroy certain police department records. At this time, it is necessary that an amendment to the existing resolution be adopted to include the destruction of restraining orders. This has been reviewed by the City Attorney and it is hereby recommended that an amendment to Resolution No. 5379 be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 17, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8089 - A Resolution of the City Council of the City Of Vernon Amending Resolution No. 5379 and Authorizing the Police Chief to Destroy Certain Police Department Records Pursuant to Sections 12236, 34090, 34090.5 and 34090.6 of the Government Code of the State of California, was presented. Page 9 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 It was moved by McCormick, seconded by Gonzales, that Resolution No. 8089 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 17, 2002, was presented, advising that the City currently has adjudicated water rights of 8,039 acre-feet per year. The City's water demand has remained relatively constant at approximately 12,039 acre-feet per year. This leaves the City with a shortfall of nearly 4,000 acre-feet. On October 10, 2002, the City received notification from Central Basin MWD that the City's request to increase the Base Allocation to 3,350 acre-feet per year had been granted. The purchase commitment will require the City to purchase a minimum of 10,050 acre-feet of water over a 5-year term. The cost associated with the Tier 1 water rate is at $457.00 per acre- foot; leased water rates currently range from approximately $467.00 to $472.00 per acre-foot. Without an agreement, the City would have to purchase supplemental water from Central Basin MWD at Tier II rates of $538.00 per acre-foot. This has been reviewed by the Director of Community Services and the City Attorney and it is hereby recommended that a Purchase Agreement be entered with Central Basin Municipal Water District to provide the City with imported water. The Director of Community Services and Water addressed the City Council and briefly summarized this matter. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 17, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8095 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Purchase Agreement for Imported Water to be Provided by Central Basin Municipal Water District By and Between the City of Vernon and Central Basin Municipal Water District, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8095 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 17, 2002, was presented, advising that in August 2002, the appraisal process to acquire the property from the U.S. Postal Service that is necessary to construct the on -ramp to the northbound I-710 and 26th Street Extension was completed. The review appraiser required by CalTrans, Ralph Brown, made a field and office study, reconciled the two independent appraisals required by CalTrans, and determined the final value of the parcel to be $15.00 per square foot for a total valuation of $6,391,000.00. Page 10 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 After further review and negotiations, U.S. Postal Service has accepted the City's offer at the appraised value subject to the conditions and terms of the purchase and sale agreement. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that an Agreement of Purchase and Sale with the United States Postal Service be executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 17, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8096 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement of Purchase and Sale By and Between the City of Vernon and United States Postal Service for Atlantic/Bandini Property, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8096 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 17, 2002, was presented, advising that in 1997, the City of Vernon and Southern California Edison Company (Edison) entered into a Restructuring Agreement which provides for the issuance of revised franchise agreement to Edison and for the granting of certain Edison property to the City of Vernon for the extension of 26th Street in connection with the I-710 Bandini Interchange Project. After the Agreement was executed, the plans for the Interchange Project were amended. At this time, the City needs to amend the Agreement to secure the right-of-way to maintain our funding for this project. This has been reviewed the Director of Community Services and Water and the City Attorney and it is hereby recommended that Amendment No. 1 to the Edison -Vernon Agreement be approved and executed. The City Attorney advised that there may be some minor changes regarding this matter and asked that he be authorized to move forward and report back to the City Council. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 17, 2002, be received and filed and his recommendation approved and authorization be granted to the City Attorney to move forward on this matter and report back to the City Council. 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. RESOLUTION NO. 8097 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to the Edison -Vernon 1997 Supplemental Restructuring Agreement By and Between the City of Vernon and Southern California Edison Company, was presented. Page 11 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 It was moved by McCormick, seconded by Gonzales, that authorization be granted to the City Attorney move forward on this matter and report back to the City Council. 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. Communication from Bruce Olson, Chief of Police, dated October 3, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Handling the Mentally Ill Seminar" at Montebello on November 6, 2002, with an expense allowance of $29.80, of which POST will reimburse $12.16 each. • Roberto Sousa, Sergeant • Lorenzo Gaytan, Police Officer • Celestino Chavez, Police Officer 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 $29.80 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 8, 2002, was presented, requesting authority and funds for Sergeant Jerry Winegar to attend the "Annual Police Traffic Services Seminar" at Palm Springs on November 3 through 6, 2002, with an expense allowance of $695.05, of which The California Office of Traffic Safety (OTS) will reimburse $695.05. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Sergeant Jerry Winegar to attend the aforementioned seminar with an expense allowance of $695.05. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 9, 2002, was presented, requesting authority and funds for the below listed Lieutenants to attend the "Officer -Involved Shootings: Supervisor/Management Responsibilities Seminar" at Pomona on November 21 and 22, 2002, with an expense allowance of $225.40, of which POST will reimburse $217.08 each. • Michael Gillman • James Rodino It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed lieutenants to attend the aforementioned seminar with an expense allowance of $225.40 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 15, 2002, was presented, requesting authority and funds for the Assistant to the Chief Deputy City Clerk Manuela Giron to attend the "City Clerks New Law and Election Conference" at Monterey on December 11 through 13, 2002, with an expense allowance of $1,215.00. Page 12 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 It was moved by Davis, seconded by Ybarra, that authority and funds be approved for the Assistant to the Chief Deputy City Clerk Manuela Giron to attend the aforementioned conference with an expense allowance of $1,215.00. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 15, 2002, was presented, requesting authority and funds for Victor Modesto, Utilityman II, to attend the "Ford Truck Fuel Injection Class" at Glendale on October 17, 2002, with an expense allowance of $105.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for Victor Modesto, Utilityman II, to attend the aforementioned class with an expense allowance of $105.00. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 15, 2002, was presented, requesting authority and funds for Code Enforcement Inspector Leo Lee to attend the "2001 California Plumbing and Mechanical Code Class" at Long Beach on October 29, 2002, with an expense allowance of $80.20. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Code Enforcement Inspector Leo Lee to attend the aforementioned class with an expense allowance of $80.20. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 15, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "CLA-VAL Automatic Control Valves Training School" at Costa Mesa on November 13 and 14, 2002, with an expense allowance of $40.00 each. • Jerry Chavez, Utilityman II • Lorenzo Mendoza, Utilityman II It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned class with an expense allowance of $40.00 each. Motion carried. Communication from Steven Parker, Fire Chief, dated October 17, 2002, was presented, requesting authority and funds for the below listed firefighters to attend the "Hazmat Technician Modules 1C and 1D Training" at Santa Ana on November 4 through 15, 2002, with an expense allowance of $650.00 each. • Michael Byard • Troy Durbin • Robert Hawkins It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed firefighters to attend the aforementioned training with an expense allowance of $650.00 each. Motion carried. Page 13 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 Communication from Bruce V. Malkenhorst, Director of Finance, dated October 17, 2002, was presented, transmitting the Agenda for the Regular Finance Committee Meeting to be held October 22, 2002, for approval of the recommendations contained therein. The City Clerk advised that the 911 Vehicle.com matter for the Fire Department is being reviewed for additional information and was deferred by the Committee. It was moved by McCormick, seconded by Gonzales, that the recommendations on the Agenda for the Regular Finance Committee Meeting held October 22, 2002, be approved with the exception of the 911 Vehicle.com for the Fire Department. Motion carried. RESOLUTION NO. 8087 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of a New Ford Ranger XL Super Cab Pickup Truck for the Community Services & Water Department, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8087 be approved and adopted. Motion carried. RESOLUTION NO. 8090 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for Professional Consulting Services By and Between the City of Vernon and Michael R. Kodama Planning Consultants, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8090 be approved and adopted. Motion carried. RESOLUTION NO. 8093 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of a 2003 Chevrolet Blazer LS for the Police Department, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8093 be approved and adopted. Motion carried. The City Clerk advised that the following resolution should be removed from the Agenda and no further action be taken at this time. RESOLUTION NO. 8094 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and 911 Vehicle.com. It was moved by Davis, seconded by Gonzales, that Resolution No. 8094 be removed from the Agenda and no further action be taken at this time. Motion carried. Page 14 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 17, 2002, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held October 22, 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 Personnel Committee Meeting held October 22, 2002, be approved. Motion carried. Warrant Register No. 1100 covering claims and demands presented during the period of October 3 through October 16, 2002, drawn on Wells Fargo Bank totaling $488,449.05, which includes demand nos. 207034 through 207245, (inclusive), excluding Utilities' demands. (Accounting period October 2002). It was moved by McCormick, seconded by Davis, that Warrant Register No. 1100 be approved and payment authorized for claims and demands totaling $488,449.05, excluding Utilities' demands as mentioned above. Warrant Register No. 1100 covering claims and demands presented during the period of October 3 through October 16, 2002, drawn on Wells Fargo Bank totaling $202,262.52, which includes Utilities' demands nos. as listed below: (Accounting period October 2002). 207037 207049 207053 207054 207055 207057 207058 207059 207078 207091 207101 207106 207108 207114 207130 207135 207145 207147 207152 207155 207156 207160 207162 207181 207187 207195 207197 207205 207207 207211 207240 207243 207244 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1100 be approved and payment authorized for Utilities' claims and demands totaling $202,262.52. 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. 556 covering claims and demands presented during the period of August 11 through September 11, 2002. Drawn on Wells Fargo Bank totaling $1,952,069.72, which includes demand nos. 7791 through 7836 (inclusive). (Accounting Period: September 2002). It was moved by McCormick, seconded by Davis, that Payroll Warrant Register No. 556 be approved and payment authorized for claims and demands totaling $1,952,069.72. Motion carried. Mr. Ronald Garcia with Southern California Edison introduced himself and informed the City Council of Edison's effort to come back into the industry. Page 15 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 The Mayor called a short recess at 5:59 p.m. The City Council reconvened in regular session at 6:01 p.m., all members present before the recess again being present. The City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session on Item No. 1, the time being 6:02 p.m. Motion carried. All persons were excluded 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 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 It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session on Item No. 1 and resume regular session, the time being 6:07 p.m. Motion carried. HEARING to consider the Industrial Disability Retirement Application from Fire Engineer Randy Bohlander. (Deferred from earlier during this meeting.) It was moved by Davis, seconded by Ybarra, to open the hearing to consider the Industrial Disability Retirement Application from Fire Engineer Randy Bohlander, the time being 6:08 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 1, 2002, was presented, advising that Randy Bohlander was hired as a Firefighter on February 1, 1970; and filed a workers' compensation claim for heart valve replacement surgery on September 4, 2001. Mr. Bohlander has exhausted his Labor Code 4850 benefits as of September 3, 2002 which provides that a safety member while on leave of absence due to an injury or illness arising out of or in the course of his or her duties is entitle to receive no loss of salary for the duration of the disability but not exceeding one year. The unusual nature of this matter and the fact that the City no longer has access to medical report has required the assistance of John Tharp, the City's workers compensation attorney. Page 16 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 On a letter dated September 19, 2002, Mr. Tharp refers to Government Code Section 21020 in that either a medical report indicating that the applicant is permanent and stationary and/or disability of permanent or extended and uncertain duration is sufficient entitlement for industrial disability retirement. Based on medical information, Mr. Bohlander's heart problem is of a permanent or an extended and uncertain duration. This has been reviewed by our Risk Manager and it is hereby recommended that the City Council approve Fire Engineer Randy Bohlander's Industrial Disability Retirement Application and issuance of advanced disability pension payments in the amount of $3,177.00 to be paid monthly beginning September 4, 2002. It was moved by McCormick, seconded by Davis, that the hearing to consider the Industrial Disability Retirement Application from Fire Engineer Randy Bohlander be continued to the next City Council Meeting. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Advanced Disability Pension Payments in the amount of $3,177.00 to be paid monthly beginning September 4, 2002, for Fire Engineer Randy Bohlander be approved for a maximum of three months. Motion carried. The City Clerk announced that there was nothing to be discussed in closed session on Item No. 2. 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 The City Clerk announced that now was the time to go into closed session on Item Nos. 3, 4, 5, and 6. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session on Item Nos. 3, 4, 5, and 6, the time being 6:12 p.m. Motion carried. All persons were excluded 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 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. Page 17 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 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. ER01-313 (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. ER01-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); EL01-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RT01-82 (SDG&E), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (SCE); SRP v. ISO, FERC Docket No. EL01-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-250 ((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); FERC Docket No. ER02-2192 (ISO); FERC Docket No. ER02-2321 (ISO); (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) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (1) FERC Docket No EL01-33 (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); (m) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (n) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (o) Department of Water Resources v. ACN Energy, Inc., et al., Case No. 01AS05497; Page 18 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 (p) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (q) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (r) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (s) Aucensio Saucedo Lopez v. Vernon; LASC No. 02CO0862 (H.P. District); (t) Scarlett Alvarez v. Tutor -Saliba, etc., et al., LASC No. BC275083; (u) Pacific Bell Telephone Company v. Vernon; LASC No. 02CO0927 (H.P. District); 4. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: R. A. REED ELECTRIC Agency Claimed Against: CITY OF VERNON 5. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation: Two (2) potential cases. 6. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR City Negotiator: Bruce V. Malkenhorst, City Administrator Property: Northeasterly corner of Atlantic Blvd. and Bandini Blvd. in Vernon Negotiating Party: United States Postal Service Under Negotiation: Property acquisition The City Administrator/City Clerk was excused from closed session at 6:20 p.m. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on Item Nos. 3, 4, 5, and 6, and resume regular session, the time being 6:34 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that authorization be granted to the City Attorney to Amend the Retainer Letter with Richards, Watson, Gershon. Motion carried. It was moved by Gonzales, seconded by Davis, that authorization be granted to the City Attorney to retain the services of Blecher & Collins. Motion carried. Mayor Leonis Malburg abstained voting and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Page 19 of 20 Adjourned Regular City Council Meeting Minutes October 23, 2002 It was moved by Gonzales, seconded by Davis, that the liability claim from R.A. Reed Electric be denied. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the City Council Meeting adjourn, the time being 6:36 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk Leonis C. Malh`urg Mayor Page 20 of 20 NOTICE OF ADJOURNMENT Notice is hereby given that the Regular City Council Meeting to be held October 16, 2002, at 5:00 p.m., was adjourned (Due to Lack of Quorum) to October 23, 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. r' i7 Z11) 2 Date hief De ty 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 the Regular Meeting of the City Council of the City of Vernon to be held October 16, 2002, was adjourned to October 23, 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 & at Vernon, California. C ief Deputy qgty Clerk