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20030108 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 8, 2003, 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 Regular City Council Meeting held December 18, 2002, be approved and adopted as submitted. Motion carried. The City Clerk announced that now was the time to present the Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council. Victor Trujillo Utilityman II 15 years Renan Castro Utilityman II 15 years Daniel Garcia Power Resource Coordinator 5 years Police Department Activity Log for the period December 16 through 31, 2002, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period December 16 through 31, 2002 be received and filed. Motion carried. Fire Department Activity Report for the period December 16 through 31, 2002, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period December 16 through 31, 2002 be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished to address the City Council on any item on the agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. There was no one wishing to address the City Council at this time. Adjourned Regular City Council Meeting Minutes January 8, 2003 The City Clerk announced that now was the time to open the public hearing to consider a request for a variance from Owens Brockway Glass Container, Inc., located at 2923 Fruitland Avenue, to allow the applicant to utilize the parking and loading requirement in compliance with Section 26.4.2-6 of the Comprehensive Zoning Ordinance. (Continued from the City Council meeting held December 18, 2002.) The Director of Community Services and Water addressed the City Council and advised them that staff is still waiting for documents pertaining to this matter and asked that the public hearing to consider a variance application from Owens Brockway Glass Container, Inc., be continued to the next meeting. Communication from Kevin Wilson, Director of Community Services and Water, dated December 11, 2002, advising that Owens Brockway Glass Container, Inc. has submitted a complete application for a variance from Section 26.4.2-6 of the Comprehensive Zoning Ordinance. They are proposing to exclude a designated area used exclusively for housing of equipment from the required parking and loading requirements of Section 26.4.2- E at their existing facility located at 2923 Fruitland Avenue. This site is located in the M-Zone, General Industrial. (Continued from the City Council meeting held December 18, 2002.) Submitted herewith for your consideration are the following supporting documents: 1. Staff Report dated December 12, 2002. 2. Request for variance application permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. It was moved by Gonzales, seconded by Davis, that the public hearing to consider a request for a variance from Owens Brockway Glass Container, Inc., located at 2923 Fruitland Avenue, to allow the applicant to utilize the parking and loading requirement in compliance with Section 26.4.2-6 of the Comprehensive Zoning Ordinance, be continued at the next meeting. Motion carried. The City Clerk advised that the following communication dated December 10, 2002 and Resolution No. 8115 be removed from the agenda for further review and no action be taken at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 10, 2002, advising that at this time it is necessary to enter into an Automatic Aid/Initial Action Agreement with the City of Los Angeles to set forth the terms and conditions for an exchange of fire and rescue services for responses along or adjacent to the Alameda Corridor. Page 2 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 This has been reviewed by the Fire Chief and the City Attorney and it is hereby recommended that the Automatic Aid/Initial Agreement for Exchange of Fire Protection and Rescue Services be approved and executed. (Deferred from the City Council meeting held December 18, 2002.) RESOLUTION NO. 8115 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Automatic Aid/Initial Action Agreement for Exchange of Fire Protection and Rescue Services By and Between the City of Vernon and the City of Los Angeles. (Deferred from the City Council meeting held December 18, 2002.) It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated December 10, 2002 and Resolution No. 8115 be removed from the agenda and no further action be taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 12, 2002, was presented, advising that on September 4, 2002, this legislative body approved retaining the construction services of Chalmers Corporation dba CEG Construction for the proposed Business Technology Development Center at an approximate cost of $2,900,000.00 including tax and building permit fees. The City Attorney has completed the agreement and it is hereby recommended that the agreement be approved and executed for the construction of the Center. (Deferred from the City Council meeting held December 18, 2002.) It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated December 12, 2002, be received and filed and his recommendation approved. Motion carried. Mayor Malburg abstained from voting on this matter due to the fact that he is an unpaid trustee for Woodbury University, which will be a consultant on the project. RESOLUTION NO. 8122 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Chalmers Corporation, dba C.E.G. Construction and Repealing Resolution No. 8055. (Deferred from the City Council meeting held December 18, 2002), was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8122 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter due to the fact that he is an unpaid trustee for Woodbury University, which will be a consultant on the project. Page 3 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated December 16, 2002, was presented, transmitting a fully executed Grant Deed from 4321 Boyle Avenue, LLC. The Grant Deed is for street purposes and all other uses appurtenant thereto in, on, over, under, and through the real property, located on the southwest corner of Vernon Avenue and Boyle Avenue 263.5 feet west on Vernon Avenue 134.36 feet, assessors' parcel number 6303-012-034, in the City of Vernon. It is recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. The Director of Community Services and Water addressed the City Council and advised that the aforementioned description on the communication dated December 16, 2002 with respect to the Grant Deed was incorrect and asked that it be corrected for the record to read as follows: The Grant Deed is for a portion of property approximately 2,543 square feet in size, located on the southwest corner of Vernon Avenue and Boyle Avenue, extending south on Boyle Avenue 263.5 feet and west on Vernon Avenue 134.36 feet in the City of Vernon, assessors' parcel number 6303-012-034. The property will be used for street purposes. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated December 12, 2002, be received and filed as corrected and his recommendation approved. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated December 12, 2002, was presented, advising that the inspection report of the City of Vernon Jail performed December 3, 2002, indicates that the facility complies with the standards and requirements prescribed by the Board of Corrections regarding sanitary conditions. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the Director of Environmental Health, dated December 12, 2002 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 2, 2003, was presented, advising that on October 9, 2002, this legislative body approved Resolution No. 8084 authorizing the Purchasing Department to submit Request for Proposals to qualified vendors for the purchase of a Caterpillar 420D Backhoe Loader for the Community Services and Water Department. However, the Purchasing Section sought formal bids and the following bids were received and opened on November 21, 2002: Page 4 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 • Shepherd Machinery Co. $74,114.00 • Johnson Machinery Co. $85,608.00 • Quinn Company $89,022.00 • Hawthorne Machinery Co. No Bid This has been reviewed by staff and it is hereby recommended that the bidding process be ratified, Bid No. 1420 be awarded to Shepherd, the lowest bidder, Amendment No. One to the contract be approved, and a purchase order be issued for the purchase of a Caterpillar 420D Backhoe Loader at an approximate cost of $74,114.00. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 2, 2003 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8113 - A Resolution of the City Council of the City Of Vernon Ratifying the Issuance of Bid No. 1420, Accepting the Bid of Shepherd Machinery Co. on Bid No. 1420 for the Purchase of a Caterpillar 420D Backhoe Loader for the Community Services & Water Department and Approving and Authorizing the Execution of an Equipment Purchase Contract and Amendment #1 and the Issuance of a Purchase Order Respecting Said Bid, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8113 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 2, 2003, was presented, advising that staff has determined that during the construction of the Malburg Generation Station Project (MGSP), the City will need to utilize real property adjacent to the MGSP site to accommodate general office facilities for all contractors, provide parking space for personnel as well as for visitors, provide storage space for equipment, and/or any other construction -related issues. A Lease Agreement with Charles D. Perry, III, owner of the properties located at 2650 and 2670 Leonis Boulevard, was executed to retain such properties for the period from December 15, 2002 to October 31, 2004 (22.5 months) as follow: • $27,000.00 will be due upon execution of the lease (rent from December 15, 2002 to January 31, 2003 and security deposit). • $9,000.00 per month from February 1, 2003 through April 31, 2003. • $13,500.00 per month from May 1, 2003 through October 31, 2004. If the City desires to cancel or extend the term of the lease, notice must be given by August 1, 2004. If the City wishes to extend the Lease it will be on a month -to -month basis at a monthly fee of $15,525.00. Page 5 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 This has been reviewed by staff and the City Attorney and it is hereby recommended that the execution of the Lease with Charles D. Perry, III, for the lease of the properties located at 2650 and 2670 Leonis Boulevard, be ratified. It was moved by Davis, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 2, 2003 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8126 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Standard Industrial/ Commercial Single -Tenant Lease —Gross By and Between the City of Vernon and Charles D. Perry, III Regarding the Malburg Generating Station Project, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8126 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 2, 2003, was presented, advising that on January 1994, the State Assembly passed Assembly Bill 813, which mandated the California Highway Patrol (CHP) to implement and maintain an ongoing statewide cargo theft suppression effort and established the Cargo Theft Interdiction Program (CTIP). The CTIP focus is to combat theft related crimes on a statewide basis and to target those regions most significantly impacted. Specific to Los Angeles and the Inland Empire, a joint CHP, Multi -jurisdictional, investigative team was implemented in January 1995. This has been reviewed by the Chief of Police and the City Attorney and it is hereby recommended that the City be a participant of said program and that the Southern Cargo Theft Interdiction Program, a Multi -Agency Task Force Memorandum of Understanding be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 2, 2003 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8131 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Southern CTIP, Southern Cargo Theft Interdiction Program, a Multi -Agency Task Force, Memorandum of Understanding, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8131 be approved and adopted. Motion carried. The City Attorney addressed the City Council and asked that the following communication from the City Administrator/City Clerk, dated January 2, 2003 and corresponding resolution be deferred to after closed session during this meeting. Page 6 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 2, 2003, advising that in December 2001, forty-nine (49) local cities, Los Angeles County, the Building Industry Association, the Los Angeles Economic Development Corporation, the Construction Industry Coalition on Water Quality, and other interested parties appealed the Municipal NPDES Permit (Storm Water Permit) adopted by the Regional Water Quality Control Board (Regional Board). The Storm Water Permit imposes substantial new and unfunded mandates that are believed to exceed requirements under existing State and Federal Law. On June 19, 2002, the City adopted Resolution No. 7987 authorizing the City's participation with the Coalition challenging this action. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that at this time the City participates in the filing of a lawsuit challenging the Storm Water/Urban Runoff Permit and approve the City's proportionate share of $3,000.00. RESOLUTION NO. 8130 - A Resolution of the City Council of the City of Vernon Authorizing the Filing of a Lawsuit Challenging the Storm Water/Urban Runoff Permit for the County of Los Angeles and the Unincorporated Cities Therein, Except the City of Long Beach (NPDES No. CAS004001) and Authorizing the City to do All Other Actions Deemed Necessary or Advisable Concerning the Lawsuit. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 2, 2003 and Resolution No. 8130 be deferred to after closed session during this meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 20, 2002, was presented, requesting authority and funds for Risk Manager/Personnel Assistant Joan Francone to attend the "2003 PARMA Conference" at Palm Springs on February 18 through 21, 2003, with an expense allowance of $993.78. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Risk Manager/Personnel Assistant Joan Francone to attend the aforementioned conference with an expense allowance of $993.78. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated December 11, 2002, was presented, requesting authority and funds for Utility Clerk Stella Pasillas to attend the "Microsoft Excel Workshop" at Anaheim on February 4, 2003, with an expense allowance of $161.60. It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Utility Clerk Stella Pasillas to attend the aforementioned workshop with an expense allowance of $161.60. Motion carried. Page 7 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 17, 2002, was presented, requesting authority and funds for himself to attend the "League of California Cities City Managers Meeting" at Monterey on February 12 through 14, 2003, with an expense allowance of $1,205.80. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the City Administrator/City Clerk to attend the aforementioned meeting with an expense allowance of $1,205.80. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 18, 2002, was presented, requesting authority and funds for Sergeant Rex Hill to attend the "Chemical Agents Instructors' Course" at Carlsbad on February 17 through 21, 2003, with an expense allowance of $963.50, of which POST will reimburse $660.00. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Sergeant Rex Hill to attend the aforementioned course with an expense allowance of $660.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 18, 2002, was presented, requesting authority and funds for Detective Michael Docherty to attend the "F.B.I. Firearms Instructors Course" at Castaic on January 27 through 31, 2003, with an expense allowance of $50.00, of which POST will reimburse $48.00. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Detective Michael Docherty to attend the aforementioned course with an expense allowance of $48.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 18, 2002, was presented, requesting authority and funds for himself to attend the "Independent Cities Association Winter Seminar" at Santa Barbara on February 21 through 23, 2003, with an expense allowance of $1,013.04. It was moved by McCormick, seconded by Davis, that authority and funds be approved for the Chief of Police to attend the aforementioned seminar with an expense allowance of $1,013.04. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 18, 2002, was presented, requesting authority and funds for Dispatcher Supervisor Maria Alway to attend the "California Emergency Number Association Conference" at Anaheim on January 22 through 24, 2003, with an expense allowance of $248.40. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Dispatcher Supervisor Maria Alway to attend the aforementioned conference with an expense allowance of $248.40. Motion carried. Page 8 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 Communication from Lewis Pozzebon, Director of Environmental Health, dated December 18, 2002, was presented, requesting authority and funds for the below listed Environmental Specialists to attend the "California Unified Program Conference" at Anaheim on February 3 through 6, 2003, with an expense allowance of $402.20 each. • David LeDuff • Jerrick Torres • Brett Koontz It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed Environmental Specialists to attend the aforementioned conference with an expense allowance of $402.20 each. Motion carried. Communication from Steven Parker, Fire Chief, dated December 19, 2002, was presented, requesting authority and funds for Firefighter Jeff Smith to attend the "Background Investigation Course" at Riverside on February 3 through 7, 2003, with an expense allowance of $95.00. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Firefighter Jeff Smith to attend the aforementioned course with an expense allowance of $95.00. Motion carried. Communication from Steven Parker, Fire Chief, dated December 19, 2002, was presented, requesting authority and funds for Battalion Chief Andrew S. Guth to attend the "Firehouse World Exposition and Conference" at Riverside on February 18 through 20, 2003, with an expense allowance of $669.82. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Battalion Chief Andrew S. Guth to attend the aforementioned conference with an expense allowance of $669.82. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 2, 2003, was presented, transmitting the Agenda for the Regular Finance Committee Meeting to be held January 7, 2003, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations on the Agenda for the Regular Finance Committee Meeting held January 7, 2003 be approved. Motion carried. RESOLUTION NO. 8127 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Request for Proposals or Bids for Garage Workstation Installation Project for the Community Services & Water Department, was presented. Page 9 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 It was moved by McCormick, seconded by Gonzales, that Resolution No. 8127 be approved and adopted. Motion carried. RESOLUTION NO. 8128 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Request for Proposals or Bids for Installation of a Security System at Vernon Booster Plant 2 for the Community Services & Water Department, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8128 be approved and adopted. Motion carried. The City Clerk advised that Resolution No. 8129 should be removed from the agenda and no further action be taken at this time. RESOLUTION NO. 8129 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Request for Proposals or Bids for the Purchase of a TMT-116P- Pathway, Hydraulic Airless Stencil Truck for the Community Services & Water Department. It was moved by Davis, seconded by Ybarra, that Resolution No. 8129 be removed from the agenda and no further action be taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 2, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held January 7, 2003, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held January 7, 2003 be approved. Motion carried. Warrant Register No. 1105 covering claims and demands presented during the period of December 12 through December 30, 2002, drawn on Wells Fargo Bank totaling $573,605.21, which includes demand nos. 208195 through 208400, (inclusive), excluding Utilities' demands. (Accounting period January 2003). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1105 be approved and payment authorized for claims and demands totaling $573,605.21, excluding Utilities' demands. Motion carried. Page 10 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 Warrant Register No. 1105 covering claims and demands presented during the period of December 12 through December 30, 2002, drawn on Wells Fargo Bank totaling $5,251,651.51, which includes Utilities, demands nos. as listed below: (Accounting period January 2003). 208201 208204 208206 208207 208210 208211 208215 208222 208233 208234 208239 208246 208261 208264 208270 208273 208277 208278 208279 208302 208303 208314 208315 208318 208327 208328 208339 208351 208352 208355 208360 208362 208364 208366 208395 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1105 be approved and payment authorized for Utilities, claims and demands totaling $5,251,651.51. 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. Consideration of Agreement(s) for Engineering, Procurement and Contracting Services Regarding the Construction of the Malburg Generating Station Project, was presented. The City Attorney addressed the City Council and briefly summarized for them the ongoing negotiations with regards to the aforementioned consideration item. The Mayor called a short recess at 5:44 p.m. The City Council reconvened in regular session at 5:46 p.m., all members present before the recess again being present. The City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 5:46 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Assistant to the Chief Deputy City Clerk, Fire Chief, Fire Engineer, and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION Page 11 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 Fire Engineer was excused from closed session at 5:51 p.m. The Fire Chief was excused from closed session at 5:55 p.m. 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 5:55 p.m. Motion carried. The City Clerk advised that there was nothing to be discussed 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 Section 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, and 5. It was moved by Ybarra, seconded by McCormick, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 5:56 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/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. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (b) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (c) Vernon v. All Persons; LASC No. BC 222145; CA B148676; (d) 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); (e) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b); (f) 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; Page 12 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 (g) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ERO1-313 (ISO); FERC Docket Nos. EL00-95- 022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95- 023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95- 024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95- 025/EL00-98-024 (SCE); FERC Docket No. ERO1-1579 (ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RTO1-82 (SDG&E), RT01-83 (PG&E), RT01-85 (ISO) and RTO1-92 (SCE); SRP v. ISO, FERC Docket No. ELO1-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-250 ((ISO); FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02-636 (SCE); FERC Docket No. ER02- 637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-925 (SCE); FERC Docket No. ER02-1656 (ISO); EL02-103 (Vernon); FERC Docket No. ER02-2192 (ISO); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL03-21 (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); (h) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (i) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (j) Cities of Arcadia, et al. v. The California Regional _Water Quality Control Board, etc., et al., LASC No BC 245633; (k) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (SRP & SMUD v. PX); (1) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (m) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (n) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (o) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (p) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (q) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (r) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (s) Pacific Bell Telephone Company v. Vernon; LASC No. 02C00927 (H.P. District); (t) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; Page 13 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 Warrant Register No. 1105 covering claims and demands presented during the period of December 12 through December 30, 2002, drawn on Wells Fargo Bank totaling $5,251,651.51, which includes Utilities' demands nos. as listed below: (Accounting period January 2003). 208201 208204 208206 208207 208210 208211 208215 208222 208233 208234 208239 208246 208261 208264 208270 208273 208277 208278 208279 208302 208303 208314 208315 208318 208327 208328 208339 208351 208352 208355 208360 208362 208364 208366 208395 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1105 be approved and payment authorized for Utilities' claims and demands totaling $5,251,651.51. 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. Consideration of Agreement(s) for Engineering, Procurement and Contracting Services Regarding the Construction of the Malburg Generating Station Project, was presented. The City Attorney addressed the City Council and briefly summarized for them the ongoing negotiations with regards to the aforementioned consideration item. ** It was moved by Gonzales, seconded by McCormick, that approval be granted to negotiate contracts with Power Engineering for engineering support and professional services and authorize said contracts. Motion carried. The Mayor called a short recess at 5:44 p.m. The City Council reconvened in regular session at 5:46 p.m., all members present before the recess again being present. The City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 5:46 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Assistant to the Chief Deputy City Clerk, Fire Chief, Fire Engineer, and City Attorney. ** Minutes corrected pursuant to Council action on March 5, 2003, (p 4). Page 11 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 The Mayor ordered all communications to and from closed session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION Fire Engineer was excused from closed session at 5:51 p.m. The Fire Chief was excused from closed session at 5:55 p.m. 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 5:55 p.m. Motion carried. The City Clerk advised that there was nothing to be discussed 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 Section 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, and 5. It was moved by Ybarra, seconded by McCormick, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 5:56 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/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. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (b) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (c) Vernon v. All Persons; LASC No. BC 222145; CA B148676; Page 12 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 (d) 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); (e) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (f) 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; (g) 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. ER01-1579 (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. RT01-82 (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); FERC Docket No. ER02-2192 (ISO); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL03-21 (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); (h) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (i) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (j) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (k) 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); (1) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (m) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (n) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (o) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); Page 13 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 (p) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (q) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (r) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H. P. District) ; (s) Pacific Bell Telephone Company v. Vernon; LASC No. 02C00927 (H.P. District); (t) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; 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: Three (3) potential cases. 5. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: LAMONICA'S PIZZA DOUGH CO. Agency Claimed Against: CITY OF VERNON It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session on Item Nos. 3, 4, and 5 and resume regular session, the time being 6:05 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 2, 2003, was presented, advising that in December 2001, forty-nine (49) local cities, Los Angeles County, the Building Industry Association, the Los Angeles Economic Development Corporation, the Construction Industry Coalition on Water Quality, and other interested parties appealed the Municipal NPDES Permit (Storm Water Permit) adopted by the Regional Water Quality Control Board (Regional Board). The Storm Water Permit imposes substantial new and unfunded mandates that are believed to exceed requirements under existing State and Federal Law. On June 19, 2002, the City adopted Resolution No. 7987 authorizing the City's participation with the Coalition challenging this action. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that at this time the City participates in the filing of a lawsuit challenging the Storm Water/Urban Runoff Permit and approve the City's proportionate share of $3,000.00. (Deferred from earlier during this meeting.) It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 2, 2003 be received and filed, the services of Rutan & Tucker be retained, and his recommendation approved. Motion carried. Page 14 of 15 Adjourned Regular City Council Meeting Minutes January 8, 2003 RESOLUTION NO. 8130 - A Resolution of the City Council of the City of Vernon Authorizing the Filing of a Lawsuit Challenging the Storm Water/Urban Runoff Permit for the County of Los Angeles and the Unincorporated Cities Therein, Except the City of Long Beach (NPDES No. CAS004001) and Authorizing the City to do All Other Actions Deemed Necessary or Advisable Concerning the Lawsuit. Deferred to after closed session earlier during this meeting, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8130 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER03-219 (California Independent System Operator Corporation) are hereby ratified. Motion carried. It was moved by McCormick, seconded by Davis, that the Liability Claim of Lamonica's Pizza Dough Co., be rejected. Motion carried. It was moved by Ybarra, seconded by Davis, that the discipline recommended by the Fire Chief for the Fire Engineer be approved. 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 Council Meeting adjourn, the time being 6:09 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk eoni s C .V Mal `erg w� Mayor Page 15 of 15 NOTICE OF ADJOURNMENT Notice is hereby given that the Regular City Council Meeting to be held January 1, 2003, at 5:00 p.m., was adjourned (In Observance of a Legal Holiday) to January 8, 2003, 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. 1 d p 3 �,:::� � ate f Deput ity 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 January 1, 2003, was adjourned to January 8, 2003, 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. hief De ty City Clerk