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20030205 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 5, 2003, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None Mayor Malburg called the meeting to order. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held January 22, 2003 be approved and adopted. 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. Lorenzo Gaytan Bryan Dome Gregory Galvan Police Officer Fire Engineer Fire Engineer 5 years 5 years 5 years The City Clerk announced that now was the time to present the Environmental Excellence Award Certificates to the following companies for their outstanding efforts to reduce solid waste and promote recycling during the year 2002: • Ameripride Uniform Services • Arcadia Inc. • Barksdale Inc. • BCBG • Bon Appetit • Box USA • BSH Home Appliances Corp. • BW Provisions Inc. • C.R. Laurence • Charlie's Pride • Clougherty Packing Co. • Core Mark International • Excelpro Inc. • Hollander Home Fashions • International Baking/Sara Lee • Ivy Hill Corp. • J & J Snack Foods • King Meat Inc. • Klistoff & Sons • Kronfli Spundale Mills Inc. • Lido Veal and Lamb Inc. • Neptune Foods • Orval Kent Company • Overhill Farms Plant #2 • Overhill Farms Plant #3 Regular City Council Minutes February 5, 2003 • Packaging Advantage Corp. • Packaging Corporation of America • Paul Davril Inc. • Pennzoil Products • PEP Boys 46112 • Randall Foods Inc. Police Department Activity Log for the period January 15 through 31, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period January 15 through 31, 2003 be received and filed. Motion carried. Fire Department Activity Report for the period January 15 through 31, 2003, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period January 15 through 31, 2003 be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished to address the City Council on any item on the agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. There was no one wishing to address the City Council at this time. The City Clerk advised 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 to the next City Council Meeting. The City Clerk asked that this public hearing be continued to the next city council 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 January 22, 2003.) Page 2 of 22 Regular City Council Minutes February 5, 2003 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 Davis, seconded by Ybarra, that the public hearing to consider a request for a variance from Owens Brockway Glass Container, Inc., be continued to the next City Council Meeting. Motion carried. The City Clerk advised that now was the time to open the hearing to consider the Industrial Disability Retirement Application of Police Sergeant Penny Turner. (Deferred from the City Council Meeting held January 22, 2003.) It was moved by Ybarra, seconded by McCormick, to open the hearing to consider the Industrial Disability Retirement Application of Police Sergeant Penny Turner, the time being 5:06 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 15, 2003, was presented, advising that on December 17, 2002, the City applied for an Industrial Disability Retirement with the Public Employees Retirement System (PERS) on behalf of Penny Turner under Government code 21152 (c) which states that an application to the board for retirement of a member for disability may be made by the governing body or an official designated by the governing body, of the contracting agency. Ms. Penny Turner was hired by the City of Vernon as a Police Officer on September 19, 1988. During her employment she suffered work -related injuries to various parts of her body including her left elbow and left wrist. On a medical examination report, dated October 16, 2002, submitted by Dr. Woods, it has been determined that for the left upper extremity, Ms. Turner is precluded from heavy lifting, forceful grasping, repetitive pushing and pulling, and repetitive torquing. A functional capacity evaluation was performed November 19, 2002. The results of the evaluation indicate she is unable to meet the job requirements for a Police Officer or Police Sergeant. One hundred percent (100%) of her symptomatology and disability would be due to her job duties as a Police Officer with the City of Vernon. She is permanent and stationary as of October 16, 2002. This has been reviewed by our Risk Manager and it is hereby recommended that the City Council approve Ms. Penny Turner's Industrial Disability Retirement Application and issuance of advanced disability pension payments in the amount of $3,549.00 to be paid monthly beginning January 23, 2003. Page 3 of 22 Regular City Council Minutes February 5, 2003 It was moved by Gonzales, seconded by McCormick, to close the hearing regarding the Industrial Disability Retirement Application of Police Sergeant Penny Turner, the time being 5:10 p.m. Motion carried. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 15, 2003, be received and filed and that the Industrial Disability Retirement Application and issuance of advanced disability monthly pension payments for Ms. Penny Turner be approved beginning January 23, 2003. Motion carried. RESOLUTION NO. 8135 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of Penny Turner, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156), was presented. Motion carried. It was moved by McCormick, seconded by Davis, that Resolution No. 8135 be approved and adopted. Motion carried. The City Clerk advised that the hearing to consider Industrial Disability Retirement Qualification of Mr. Larry Weaver and respective resolution be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 28, 2003, advising that the City has reviewed Mr. Larry Weaver's personnel file and any available workers' compensation proceedings in relation to his case. This review does not appear to justify a determination by the City Council that Mr. Weaver qualifies for disability retirement in accordance with Government Code Sections 21154 and 21156. This has been reviewed by the Risk Manager and it is hereby recommended that Mr. Weaver's request for disability retirement be denied. RESOLUTION NO. 8136 - A Resolution of the City Council of the City of Vernon Denying the Disability Retirement of Larry J. Weaver, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156). It was moved by Ybarra, seconded by Davis, that the hearing to consider to Industrial Disability Retirement Qualification of Mr. Larry Weaver and Resolution No. 8136 be deferred to the next City Council Meeting and no further action be taken at this time. Motion carried. The City Clerk advised that the following matter should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 16, 2003 recommending that the letter directed to the Superintendent of the Los Angeles Unified School District regarding the possible closure of Vernon Elementary School in the City of Vernon be ratified. (Deferred from the City Council Meeting held January 22, 2003.) Page 4 of 22 Regular City Council Minutes February 5, 2003 It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 16, 2003, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 23, 2003, was presented, advising that on January 8, 2003, this legislative body approved Resolution No. 8127, authorizing notice inviting Request for Proposals (RFPs) for the Garage Workstation Installation Project. Out of three RFPs submitted, the following proposals were received on January 16, 2003: Cal Partitions $5,477.00 D & R Office Works $6,015.00 Office Depot No Response This has been reviewed by the Director of Community Services and Water and it is hereby recommended that the proposal from Cal Partitions, the lowest bidder, be accepted and a purchase order be issued for the Garage Workstation Installation Project at an approximate cost of $5,477.00. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/ City Clerk, dated January 23, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8141 - A Resolution of the City Council of the City of Vernon Accepting the Proposal of Cal Partitions, Inc. for Garage Workstation Installation Project for the Community Services & Water Department and Authorizing the Issuance of a Purchase Order Respecting said Proposal, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8141 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 23, 2003, was presented, advising that on January 8, 2003, this legislative body approved Resolution No. 8128, authorizing notice inviting Request for Proposals (RFPs) for the purchase and installation of a Security System at Vernon Booster Plant 2. Out of three RFPs submitted, the following proposals were received on January 16, 2003: Spy -Tech Surveillance $18,848.96 Tyco Fire & Security $27,467.58 Video Tec Security No Response This has been reviewed by the Director of Community Services and Water and it is hereby recommended that the proposal from Spy - Tech Surveillance, the lowest bidder, be accepted and a purchase order be issued for the purchase and installation of a Security System at an approximate cost of $18,848.96. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City administrator/City Clerk, dated January 23, 2003, be received and filed and his recommendation approved. Motion carried. Page 5 of 22 Regular City Council Minutes February 5, 2003 RESOLUTION NO. 8140 - A Resolution of the City Council of the City of Vernon Accepting the Proposal of Spy -Tech Surveillance, Inc. for the Purchase and Installation of a Security System at Vernon Booster Plant 2 For the Community Services & Water Department and Authorizing the Issuance of a Purchase Order Respecting said Proposal, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8140 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 27, 2003, was presented, advising that the Southern California Association of Government and the Gateway Cities Council of Governments (COG) has published a feasibility study for the Orangeline, a proposed Maglev (Magnetic Levitation) train line that would run from Downtown Los Angeles through the southeastern portion of Los Angeles County and into Orange County. The Gateway COG is proposing that a Joint Powers Authority (JPA) be formed to provide oversee the project. The JPA is proposed to be comprised of seventeen participating municipalities as well as the Metropolitan Transportation Authority (MTA), the Orange County Transportation Authority (OCTA), the Orange County Council of Government (OCCOG) and the Southern California Association of Governments. Due to the fact that the Orangeline may cause both positive and negative impacts to the City, it is hereby recommended that authorization to participate in the formation of a JPA for the development of the Maglev train line be approved. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/ City Clerk, dated January 27, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8138 - A Resolution of the City Council of the City of Vernon Supporting the City's Participation in the Orangeline Development Authority, a Joint Powers Authority, Being Formed to Facilitate Further Study of the Proposed Orangeline, was presented. It was moved Ybarra, seconded by Davis, that Resolution No. 8138 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 27, 2003, was presented, advising that the County of Los Angeles Proposes to perform seismic retrofitting and other miscellaneous structural repairs on the Soto Street Bridge over the Los Angeles River. The work will be done from the inside of the Los Angeles River channel with impact on the traffic on Soto Street. An agreement for this work has been prepared based on correspondence between Los Angeles County and the City of Vernon and subsequent discussions between the respective staffs. Under the agreement, Los Angeles County will perform the preliminary engineering, administer the construction of the project, and finance the entire cost of the retrofit work estimated to be $2,456,000.00, by utilizing Federal, State and Los Angeles County funds. Page 6 of 22 Regular City Council Minutes February 5, 2003 The City of Vernon is to pay its proportionate share of this cost by utilizing a portion of its available Aid -To -Cities allocation from Los Angeles County. The City of Vernon's cost is estimated to be $134,000.00, although the actual share will be based upon a final accounting after completion of the project. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that the Agreement with the County of Los Angeles regarding the repairs and a Resolution consenting to the inclusion of a portion of Soto Street into the Los Angeles County Systems of Highways for the purpose of performing a seismic safety retrofit of the Soto Street Bridge over the Los Angeles River be approved and executed, repealing Resolution No. 7532. It is further recommended that City Council determine that: 1. The Project is categorically exempt from the requirement for an Environmental Impact Report pursuant to Section 15301, Class (c) and (d) of the California Environmental Quality Act. 2. The Project is of a minor nature and the provisions of Government Code, Section 65402 (b), required the submission to and a report upon said project by the City of Vernon Planning Agency do not apply. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 27, 2003, be received and filed and his recommendation approved. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Council hereby determine that the Project is categorically exempt from the requirement for an Environmental Impact Report pursuant to Section 15301, Class (c) and (d) of the California Environmental Quality Act. Motion carried. It was moved by Ybarra, seconded by Davis, that City The Council determine that the Project is of a minor nature and the provisions of Government Code, Section 65402 (b), required the submission to and a report upon said project by the City of Vernon Planning Agency do not apply. Motion carried. RESOLUTION NO. 8121 - A Resolution of the City Council of the City of Vernon Consenting to the Establishment of a Portion of Soto Street Over the Los Angeles River in the City of Vernon to be a Part of the System of Highways of the County of Los Angeles for the Purpose of Performing a Seismic Safety Retrofit of the Bridge and Repealing Resolution No. 7532, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8121 be approved and adopted. Motion carried. Page 7 of 22 Regular City Council Minutes February 5, 2003 RESOLUTION NO. 8137 - 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 the County of Los Angeles Regarding Seismic Retrofit and Repair of the Bridge on Soto Street Over the Los Angeles River, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8137 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 27, 2003, was presented, advising that on January 7, 2003, the Finance Committee recommended to City Council that the proposed renewal rates submitted by Universal Care for the HMO Premier 100 Plan for the period of January 1, 2003 through December 31, 2003, be approved and executed. This has been reviewed by the City's Risk Manager and it is hereby recommended that the execution of the Agreement for the Premier 100 Plan for the period of January 1, 2003 through December 31, 2003, with Universal Care be ratified. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 27, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8144 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Universal Care Large Group Subscriber Agreement By and Between the City of Vernon and Universal Care for the HMO Premier 100 Plan, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8144 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 29, 2003, was presented, advising that staff has prepared and mailed a Request for Proposal (RFP) for the study of the City of Vernon's current parking and loading ordinance to determine if any amendments to the City's parking regulations should be considered. Cotton/ Bridge/Associates (CBA) submitted a proposal that is complete and meets the requirements outlined on the RFP to be performed in two phases: • Phase I will be accomplished in 180 days, and will include the review of existing ordinances, case studies, determine alternatives, and develop the pros and cons of each alternative, at an approximate cost of $70,900.00. • Phase II will be accomplished in 185 days, and will be a detailed analysis of selected alternative and the preparation of a financial model to determine the economic impacts of each scenario, at an approximate cost of $88,520.00. Page 8 of 22 Regular City Council Minutes February 5, 2003 This has been reviewed by the Director of Community Services and Water and the City Attorney. It is hereby recommended that a Consulting Services Agreement with Cotton/Bridge/Associates for the preparation of a Parking and Loading Study be approved at a cost not -to -exceed $159,420.00. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 29, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8139 - 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 P & D Consultants, Inc. dba Cotton/ Bridges/Associates for Parking and Loading Study, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8139 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 29, 2003, was presented, advising that on December 18, 2002, this legislative body approved Resolution No. 8124, approving notice inviting sealed bids for the purchase of a Backup Generation System at Booster Plant 2 for the Community Services and Water Department. On January 21, 2003, the Purchasing Section received and opened the following bids: • Western Power Industrial Electric $ 97,710.55 • Duthie Power Services $ 99,383.00 • Cummins Cal Pacific $135,161.68 • Thomason Mechanical No Bid • Valley Detroit Diesel No Bid This has been reviewed by the Community Services and Water Department and it is hereby recommended that Bid No. 1423 be awarded to Western Power Industrial Electric, the lowest bidder, an Equipment Purchase Contract be executed, and a purchase order be issued for the purchase a Backup Generation System for Booster Plant 2 at an approximate cost of $97,710.55. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 29, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8142 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Western Power Industrial Electric, Inc. on Bid No. 1423 for the Purchase of One Backup Generation System for Booster Plant 2 for the Community Services & Water Department and Approving and Authorizing the Execution of an Equipment Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid, was presented. Page 9 of 22 Regular City Council Minutes February 5, 2003 It was moved by McCormick, seconded by Davis, that Resolution No. 8142 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 29, 2003, was presented, advising that on December 18, 2002, this legislative body approved Resolution No. 8125, approving notice inviting sealed bids for the purchase of a Backup Generation System at Booster Plant 3 for the Community Services and Water Department. On January 21, 2003, the Purchasing Section received and opened the following bids: • Western Power Industrial Electric $ 93,125.63 • Duthie Power Services $ 97,474.00 • Cummins Cal Pacific $133,861.60 • Thomason Mechanical No Bid • Valley Detroit Diesel No Bid This has been reviewed by the Community Services and Water Department and it is hereby recommended that Bid No. 1424 be awarded to Western Power Industrial Electric, the lowest bidder, an Equipment Purchase Contract be executed, and a purchase order be issued for the purchase a Backup Generation System for Booster Plant 3 at an approximate cost of $93,125.63. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 29, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8143 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Western Power Industrial Electric, Inc. on Bid No. 1424 for the Purchase of One Backup Generation System for Booster Plant 3 for the Community Services & Water Department and Approving and Authorizing the Execution of an Equipment Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8143 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 30, 2003, was presented, advising that in connection with the Malburg Generating Station Project (MGSP), the City is required to hire the services of a Chief Building Officer from a list of acceptable -qualified contractors submitted by the California Energy Commission. This has been reviewed by the Director of Utilities and the City Attorney and it is hereby recommended that a contract for the services of Chief Building Official with CCC Consultants be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 30, 2003, be received and filed and his recommendation approved. Motion carried. Page 10 of 22 Regular City Council Minutes February 5, 2003 RESOLUTION NO. 8145 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for Chief Building Officer Services By and Between the City of Vernon and CCC Consultants for the Malburg Generating Station Project, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8145 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 30, 2003, was presented, advising that the Malburg Generating Station Project facility must be designed to comply with a noise requirement of 70 dBA CNEL at the site boundaries with adjoining industrial uses pursuant to the Vernon General Plan: Noise Element. Major equipment has been pre -purchased for this project and while noise limits are stipulated in the contract, substantial noise control treatments are anticipated to meet the 70 dBA CNEL noise limit at the property boundaries. This has been reviewed by the Director of Utilities and the City Attorney and it is hereby recommended that a Consulting Services Agreement with Parsons Engineering Science, Inc., for Noise Emission Control Studies be approved and executed at an approximate cost of $117.000.00 It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 30, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8146 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for Noise Control Studies By and Between the City of Vernon and Parsons Engineering Science, Inc. for the Malburg Generating Station Project, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8146 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 30, 2003, was presented, advising that the City's Zoning Ordinance does not include any specific requirements with regards to the establishment of adult oriented businesses in the City of Vernon. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that an Interim Ordinance placing a Moratorium on the issuance of conditional permits, building permits, occupancy permits, and/or any other type of permit for the establishment of adult oriented businesses be approved and executed immediately. Page 11 of 22 Regular City Council Minutes February 5, 2003 It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 30, 2003 be received and filed and that an Interim Ordinance placing a Moratorium on the issuance of conditional permits, building permits, occupancy permits, and/or any other type of permit for the establishment of adult oriented businesses be approved and executed immediately. Motion carried. ORDINANCE NO. 1091 - An Interim Ordinance of the City Council of the City of Vernon Placing a Moratorium on the Issuance of Conditional Use Permits, Building Permits for Buildings or Facilities to be Constructed and/or Occupancy Permits or any Other Permit Required by the Provisions of the Vernon City Code Whose Principal Purpose would be Adult -Oriented Businesses; Making Findings with Respect Thereto; Declaring the Urgency Thereof and a Basis for said Ordinance to take Effect Immediately, was read by title for a first and final reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1091 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None Communication from Bruce Olson, Chief of Police, dated December 4, 2002, was presented, requesting authority and funds for Police Officer Mason Chancey to attend the "California Association for Property & Evidence Conference" at Ontario on March 4 through 7, 2003, with an expense allowance of $291.00. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Police Officer Mason Chancey to attend the aforementioned conference with an expense allowance of $291.00. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated December 11, 2002, was presented, requesting authority and funds for Water Operations Supervisor Scott Rigg to attend the "Microsoft Excel Workshop" at Long Beach on March 19, 2003, with an expense allowance of $149.00. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Water Operations Supervisor Scott Rigg to attend the aforementioned workshop with an expense allowance of $149.00. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated December 19, 2002, was presented, requesting authority and funds for Secretary to the Director of Community Services and Water Claudia Arellano to attend the "Conflict Management and Confrontational Skills Seminar" at Pasadena on March 13, 2003, with an expense allowance of $219.80. Page 12 of 22 Regular City Council Minutes February 5, 2003 It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Secretary to the Director of Community Services and Water Claudia Arellano to attend the aforementioned seminar with an expense allowance of $219.80. Motion carried. Communication from Steven Parker, Fire Chief, dated December 19, 2002, was presented, requesting authority and funds for the below listed Firefighters to attend the "Investigation 1A" at Garden Grove on March 17 through 21, 2003, with an expense allowance of $110.00 each. • Anthony S. Rotell • James Espalin It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above listed firefighters to attend the aforementioned course with an expense allowance of $110.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 3, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "OMEGA Group User Conference" at San Diego on March 5 through 7, 2003, with an expense allowance of $790.08 each. • James Rodino, Lieutenant • Rosa Moctezuma, Administrative Assistant It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the aforementioned police personnel to attend the aforementioned conference with an expense allowance of $790.08 each. Motion carried. The City Clerk advised that the following request should be removed from the agenda due to cancellation of the seminar. Communication from Bruce Olson, Chief of Police, dated January 3, 2003, requesting authority and funds for the below listed Police Officers to attend the "Driving Under the Influence Seminar" at Laguna Hills on March 3 through 7, 2003, with an expense allowance of $1,018.40, of which POST will reimburse $940.84 each. • Gustavo Herrera • Christian Moscoso It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Chief of Police, dated January 3, 2003 be removed from the agenda. Motion carried. Page 13 of 22 Regular City Council Minutes February 5, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 7, 2003, was presented, requesting authority and funds for the below listed Deputy City Clerks to attend the "Secrets of Successful Technical Writing Seminar" at Pasadena on March 28, 2003, with an expense allowance of $220.70 each. • Marisol Trujillo • Gloria Molleda It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for the above listed Deputy City Clerks to attend the aforementioned seminar with an expense allowance of $220.70 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated January 8, 2003, was presented, requesting authority and funds for Environmental Specialist Brett Koontz to attend the "Introduction to Crystal Reports Workshop" at Westwood on March 8 and 9, 2003, with an expense allowance of $638.60. It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Environmental Specialist Brett Koonts to attend the aforementioned workshop with an expense allowance of $638.60. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated January 15, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "California Fire Mechanics Academy - Class: FM109-Basic Automotive and Truck Electronics Workshop" at Rancho Cucamonga on March 17 through 21, 2003, with an expense allowance of $412.00 each. • Victor Trujillo, Utilityman II • Victor Modesto, Utilityman II It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed personnel with an expense allowance of $412.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 16, 2003, was presented, requesting authority and funds for Police Officer Donald Vanover to attend the "Beretta Armorer Training Course" at Gardena on February 26 through 28, 2003, with an expense allowance of $253.40. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Police Officer Donald Vanover to attend the aforementioned course with an expense allowance of $253.40. Motion carried. Page 14 of 22 Regular City Council Minutes February 5, 2003 Communication from Bruce Olson, Chief of Police, dated January 16, 2003, was presented, requesting authority and funds for Vernon Service Officer Richard Villegas to attend the "Corrections Officer Core Course" at Orange on March 3, 2003 through April 4, 2003, with an expense allowance of $1,404.79, of which STC will reimburse $1,404.79. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Vernon Service Officer Richard Villegas to attend the aforementioned course with an expense allowance of $1,404.79. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated January 20, 2003, was presented, requesting authority and funds for Engineering Aide Sergio A. Canales to attend the "CEQA Workshop - Learn About the Latest Trends" at Irvine on February 24, 2003, with an expense allowance of $144.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Engineering Aide Sergio A. Canales to attend the aforementioned workshop with an expense allowance of $144.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 21, 2003, was presented, requesting authority and funds for Lieutenant Steve Towles to attend the "Personal Protective Equipment Seminar" at Irvine on February 24, 2003, with an expense allowance of $36.80, of which POST will reimburse $27.76. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Lieutenant Steve Towles to attend the aforementioned seminar with an expense allowance of $36.80. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated January 21, 2003, was presented, requesting authority and funds for the Utilityman II Victor Modesto to attend the "Labscope-Diagnostics Workshop" at Glendale on February 4, 2003, with an expense allowance of $104.94. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Utilityman II Victor Modesto to attend the aforementioned workshop with an expense allowance of $104.94. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated January 21, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Labscope-Diagnostics Workshop" at Downey on February 3, 2003, with an expense allowance of $105.33, $110.13, and $109.59, respectively. • Art Reynoso, Utilityman I • Victor Trujillo, Utilityman II • Silas Williams, Utilityman III Page 15 of 22 Regular City Council Minutes February 5, 2003 It was moved by McCormick, seconded by Davis, that authority and funds be approved for the above listed personnel to attend the aforementioned workshop with the expense allowances as indicated. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated January 23, 2003, was presented, requesting authority and funds for Environmental Specialist Jerrick Torres to attend the "Healthy Urban Watersheds Seminar" at Santa Monica on February 12, 2003, with an expense allowance of $147.80. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Environmental Specialist Jerrick Torres to attend the aforementioned seminar with an expense allowance of $147.80. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated January 29, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "APWA Construction Inspection Seminar" at Anaheim on March 3-6, 2003, with an expense allowance of $585.00 and $565.80, respectively. • Vincent Rodriguez, Project Engineer • Pin K. Chan, Engineering Associate It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $585.00 and $565.80, respectively. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated January 29, 2003, was presented, requesting authority and funds for Code Enforcement Inspector Kevin Murphy to attend the "Post Disaster Safety Assessment Evaluator Training" at Tustin on February 12, 2003, with an expense allowance of $167.64. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Code Enforcement Inspector Kevin Murphy to attend the aforementioned training with an expense allowance of $167.64. Motion carried. Communication from Steven Parker, Fire Chief, dated January 29, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Rescue System II" at Anaheim on March 3 through 7, 2003, with an expense allowance of $325.00 each. • Michael Wilson, Battalion Chief • Michael Busch, Fire Captain • Dean Richens, Fire Captain It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for the above listed fire personnel to attend the aforementioned course with an expense allowance of $325.00 each. Motion carried. Page 16 of 22 Regular City Council Minutes February 5, 2003 Communication from Steven Parker, Fire Chief, dated January 30, 2003, was presented, requesting authority and funds for Fire Engineer Greg Galvan to attend the "Driver Operator 1A" at Los Angeles on March 31 through April 4, 2003, with an expense allowance of $135.00. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Fire Engineer Greg Galvan to attend the aforementioned course with an expense allowance of $135.00. Motion carried. Communication from Steven Parker, Fire Chief, dated January 30, 2003, was presented, requesting authority and funds for the below listed Firefighters to attend the "Fourteenth Los Angeles Area Fire Chiefs' Fire Officer Academy" at Burbank on February 24 through 28, 2003, with an expense allowance of $100.00 each. • Mat Holtzendorff • Larry Muno It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed firefighters to attend the aforementioned academy with an expense allowance of $100.00 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 30, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held February 5, 2003, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held February 5, 2003 be approved. Motion carried. Warrant Register No. 1107 covering claims and demands presented during the period of January 16, 2003 through January 29, 2003, drawn on Wells Fargo Bank totaling $670,484.93, which includes demand nos. 208652 through 20B870, (inclusive), excluding Utilities' demands. (Accounting period February 2003). It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1107 be approved and payment authorized for claims and demands totaling $670,484.93, excluding Utilities' demands. Motion carried. Page 17 of 22 Regular City Council Minutes February 5, 2003 Warrant Register No. 1107 covering claims and demands presented during the period of January 16, 2003 through January 29, 2003, drawn on Wells Fargo Bank totaling $5,409,631.89, which includes Utilities' demands nos. as listed below: (Accounting period February 2003). 208652 208655 208660 208661 208662 208663 208668 208670 208671 208674 208676 208678 208679 208684 208687 208690 208691 208694 208696 208712 208722 208733 208749 208758 208765 208768 208770 208788 208825 208835 208838 208849 208852 208858 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1107 be approved and payment authorized for Utilities' claims and demands totaling $5,409,631.89. Motion carried. Councilman Davis abstained from voting and disquali- fied himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 30, 2003, was presented, advising that staff has determined that it is necessary that the City of Vernon document a Policy regarding the obligations of City employee Notaries Public. This has been reviewed by the City Attorney and it is hereby recommended that the Policy regarding the use of City Notaries Public be approved and adopted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 30, 2003 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8147 - A Resolution of the City Council of the City of Vernon Documenting A Policy Regarding the Use of City Notaries Public, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8147 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 30, 2003, was presented, advising that at the City Council Meeting held January 22, 2002, the City Attorney advised that based on the importance of the matter related to the construction of the Malburg Generating Station Project (MGSP) that it was necessary that authorization be granted to the City Administrator to execute a Professional Consulting Services Agreement with WRMS Engineering, Inc., a Wholly Owned Subsidiary of Calpine Corporation in connection with the engineering portion of the MGSP. It is hereby recommended that the Professional Services Agreement with WRMS Engineering, Inc. Generating Station Project be ratified. Consulting for the Malburg Page 18 of 22 Regular City Council Minutes February 5, 2003 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 30, 2003 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8148 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and WRMS Engineering, Inc., a Wholly Owned Subsidiary of Calpine Corporation, for the Malburg Generating Station Project, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8148 be approved and adopted. Motion carried. Councilman Davis was excused from the City Council Meeting at 5:55 p.m. The Mayor called a short recess at 5:55 p.m. The City Council reconvened in regular session at 6:00 p.m., all members present before the recess again being present with the exception of Councilman Davis. The City Clerk advised that there was nothing to be discussed in closed session on Item Nos. 1 and 2. 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 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 classifications The City Clerk advised that now was the time to go into closed session on Item Nos. 3, 4, and 5. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session on Items Nos. 3, 4, and 5, the time being 6:00 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk and City Attorney. Page 19 of 22 Regular City Council Minutes February 5, 2003 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; (g) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ER00-105 (Vernon); 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); 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); FERC Docket No. ER03-219 (ISO); ER03-338 (SCE) Page 20 of 22 Regular City Council Minutes February 5, 2003 (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.); (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) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; (t) Paul Robert Zook v. Vernon, WCAB Nos. OXN 130176/130177 and VEN 105260 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation: Two (2) potential cases. 5. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: METAL PRODUCTS ENGINEERING INC. Agency Claimed Against: CITY OF VERNON Claimant: MIRANT AMERICAS ENERGY MARKETING, LP (FORMERLY KNOWN AS SOUTHERN COMPANY ENERGY MARKETING L.P.) Agency Claimed Against: CITY OF VERNON It was moved by Ybarra, seconded by McCormick, that the City Council go out of closed session and resume regular session, the time being 6:18 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that Page 21 of 22 Regular City Council Minutes February 5, 2003 It was moved by McCormick, seconded by Gonzales, that the liability claim of Metal Products Engineering Inc., be denied. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the City Council Meeting be adjourned, the time being 6:19 p.m. Motion carried. Leonis C. Malburg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 22 of 22