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20030219 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 19, 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 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 February 5, 2003, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that the Utilities Department has selected Mr. Jose Pereyra, Systems Coordinator II, to receive a 2002 Level II Department SPIRITS Award. It is hereby recommended that Mr. Jose Pereyra be awarded the Level II Department SPIRITS Award for the Utilities Department for the year 2002. The Mayor presented Mr. Jose Pereyra with his award and extended congratulations on behalf of the entire City Council. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that the Community Services and Water Department has selected Mr. Michael DeFrank, Project Engineer, to receive a 2002 Level II Department SPIRITS Award. It is hereby recommended that Mr. Michael DeFrank be awarded the Level II Department SPIRITS Award for the Community Services and Water Department for the year 2002. The Mayor presented Mr. Michael DeFrank with his award and extended congratulations on behalf of the entire City Council. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, be received and filed and his recommendation approved. Motion carried. Regular City Council Minutes February 19, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that the Police Department has selected Ms. Cerissa Diaz, Dispatcher to receive a 2002 Level II Department SPIRITS Award. It is hereby recommended that Ms. Cerissa Diaz be awarded the Level II Department SPIRITS Award for the Police Department for the year 2002. The Mayor presented Ms. Cerissa Diaz with her award and extended congratulations on behalf of the entire City Council. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 8, 2003, was presented, advising that the below listed employees qualified in the month of January 2003 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award O1/15/01 Efrain Sandoval Associate Resource Scheduler 2 O1/23/99 Glenn Burdick Electronics Technician 4 O1/10/94 Jerry Chavez Police Officer 9 O1/05/87 Jed Hulsey Fire Captain 10 04/04/88 Daniel Calleros Sergeant 11 O1/21/91 Anthony Serrano Customer Service Representative 12 09/18/89 Francisco Tostado Fire Engineer 12 O1/02/90 Silas Williams Utilityman III 13 08/09/82 Bruce Olson Chief of Police 14 09/28/86 Felix Saldana Utilityman II 15 The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head. Date of Hire Employee Award 11/20/00 Gustavo Martinez Police Officer 2 11/27/00 Jose Urita Police Officer 2 O1/03/00 Belinda Mejia Dispatcher 3 05/30/82 Karon Berry Utility Clerk 5 O1/12/98 Bryan Dome Fire Engineer 5 O1/12/98 Gregory Galvan Fire Engineer 5 09/18/89 William Foltz Fire Engineer 6 Page 2 of 19 Regular City Council Minutes February 19, 2003 O1/06/97 George Salazar Police Officer 6 O1/05/87 David Kimes Battalion Chief 7 08/17/87 Bradley Miller Fire Engineer 7 06/30/81 Stella Pasillas Utility Clerk 7 10/24/88 Andrew Guth Battalion Chief 9 09/22/87 Christian Moscoso Police Officer 10 08/28/88 Mauro Trujillo Utilityman III 11 08/17/87 Anthony Zack Lieutenant 11 O1/02/90 Joan Francone Risk Manager/ Personnel Assistant 13 10/24/88 Craig Peltier Firefighter 14 The Mayor called a short recess at 5:15 p.m. The City Council reconvened at 5:18 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 1 through 15, 2003, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period February 1 through 15, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period February 1 through 15, 2003, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period February 1 through 15, 2003, be received and filed. Motion carried. Risk Management Report for the month of January 2003, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of January 2003, be received and filed. Motion carried. Health Department Report for the month of January 2003, was presented. It was moved by Ybarra, seconded by McCormick, that the Health Department Report for the month of January 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. Page 3 of 19 Regular City Council Minutes February 19, 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. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider a request for a variance from Owens Brockway Glass Container, Inc., located at 2923 Fruitland Avenue, the time being 5:20 p.m. Motion carried. The Director of Community Services and Water addressed the City Council and advised that the review is complete and at this time he is ready to make a recommendation and briefly summarized this issue for them. Communication from Kevin Wilson, Director of Community Services and Water, dated February 11, 2003 (replacing previous communication submitted on December 11, 2002, in which no action was taken), was presented, 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 26.4.2-6 at their existing facility located at 2923 Fruitland Avenue. This site is located in the M-Zone, General Industrial. Submitted herewith are the following supporting documents: 1. Staff Report dated February 11, 2003. 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. The project is categorically exempt from California Environmental Quality Act (CEQA) guidelines because it is an existing facility as described in Section 15301. Notice of Exemption will be prepared and filed with County. It is hereby recommended that the variance be granted subject to the following conditions: a. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. b. The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris. Page 4 of 19 Regular City Council Minutes February 19, 2003 c. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. d. This variance shall automatically expire at the time of any expansion, or structural alteration of any building on the Property (for purposes of these conditions, the "Property" means that portion of the real property located at 2923 Fruitland Avenue that remains intact after the lot line adjustment and sale of the subject property), or upon change of ownership, or if the covenant and agreement restricting the use of Building A2 is breached or terminated, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. e. Upon any change in use, occupancy, or ownership of all or a portion of the Property, the entire Property shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, unless a new variance is requested and granted by the City Council. f. All parking and loading areas necessary for Owens Brockway operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be maintained to meet City standards. Adequate on - site parking shall be maintained so that off-street parking will not occur. g. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. h. All existing and future tenants shall be notified of these restrictions on the Property and a condition stating this shall be placed in all future leases. i. The second floor of Building A, shown as Building A2, on the site map shall remain unoccupied by people with the exception of a conveyor line. No warehousing or manufacturing areas shall be maintained in this area. Owens Brockway must execute a covenant and agreement that is satisfactory to the City, that will be recorded with the Los Angeles County Recorders Office, indicating the restriction of the use of Building A2 within 180 days of the granting of this variance. Failure to execute and record a covenant and agreement restricting the use of the property will void the variance. j. This variance shall become void if the lot line adjustment described in this variance document is not approved by the City Council by July 1, 2003. k. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require Owens Brockway to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. Page 5 of 19 Regular City Council Minutes February 19, 2003 It was moved by Gonzales, seconded by Davis, to close the public hearing to consider a request for a variance from Owens Brockway Glass Container, Inc., located at 2923 Fruitland Avenue, the time being 5:29 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 11, 2003, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8152 - A Resolution of the City Council of the City of Vernon Granting a Variance to Owens Brockway Glass Container, Inc. from Section 26.4.2-6 of the Comprehensive Zoning Ordinance, for the Property Located at 2923 Fruitland Avenue in the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8152 be approved and adopted. Motion carried. The City Clerk advised that the following matter and respective resolution should be deferred to the next City Council Meeting. HEARING - To consider Industrial Disability Retirement Qualification for Mr. Larry Weaver. (Continued from the City Council Meeting held February 5, 2003.) 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. (Continued from the City Council Meeting held February 5, 2003.) 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). (Continued from the City Council Meeting held February 5, 2003.) It was moved by Davis, seconded by McCormick, that the aforementioned matter and Resolution No. 8136 be deferred to the next City Council Meeting. Motion carried. The City Clerk announced that now was the time to open the public hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with O.K. Disposal Services. Page 6 of 19 Regular City Council Minutes February 19, 2003 It was moved by Gonzales, seconded by Ybarra, to open the public hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with O.K. Disposal Services, the time being 5:31 p.m. Motion carried. The Director of Environmental Health addressed the City Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 11, 2003, was presented, advising that on December 21, 1999, O.K. Disposal Services, entered into a Non -Exclusive Franchise Agreement for Solid Waste Management Services with the City of Vernon. Health Department records indicate that O.K. Disposal Services, has failed to provide: • Insurance coverage, pursuant to Section 5.2. • Keeping performance bond in force, pursuant to Section 5.3. and that O.K. Disposal Services was purchased by Waste Management, Inc., a company that currently has a Non -Exclusive Franchise Agreement and is in compliance with the City. This has been reviewed by the City Attorney and it is hereby recommended that the Non -Exclusive Franchise Agreement with O.K. Disposal Services, be terminated. It was moved by Gonzales, seconded by McCormick, to close the public hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with O.K. Disposal Services, the time being 5:34 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 11, 2003, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8157 - A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to OK Disposal Services by the City of Vernon Pursuant to Resolution No. 7456, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8157 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 16, 2003, was presented, 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 February 5, 2003.) Page 7 of 19 Regular City Council Minutes February 19, 2003 The Mayor addressed the Council and commented on the special events that the local businesses and public departments do and/or contributions they make to this local school. He also stated that he felt that this is a school that we can help and contribute to and any help from the local businesses is greatly welcomed. Councilman Gonzales stated that his recollection was that the School District did not respond to a letter that was sent over ten years ago and he believed that this letter can not hurt the City and that if the Unified School District fails to respond or chooses not too it would not affect us. We are just letting them know we are still interested. Mayor Pro Tem Ybarra had no comments. Councilman Davis stated that his children attended the school and that he was sure that other children from current residents have done or are still attending. Councilman Davis asked approximately how many students attend the school. The City Clerk responded that approximately 300 attend this school. It was moved by McCormick, seconded by Gonzales, that the action taken by the City Administrator/City Clerk be ratified. Motion carried. Mayor Pro Tem Ybarra abstained from voting on this issue and disqualified himself because the decision may have a material financial effect on his source income. Mayor Malburg abstained from voting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 11, 2003, was presented, advising that on December 18, 2002, this legislative body approved Resolution No. 8123, inviting sealed proposals or bids for the purchase of a 2003 Ford Ranger XLT Super Cab Pickup Truck for the Community Services and Water Department. On January 28, 2003, the Purchasing Section received the following bids. • Don Kott Ford $18,014.94 • Midway Ford $18,845.24 • Peck Road Truck Center $20,209.19 • Cal Worthington Ford No Bid This has been reviewed by the Community Services and Water Department and the Purchasing Section and it is hereby recommended that Bid No. 1425 be awarded to Don Kott Ford, a vehicle purchase contract be prepared, and a purchase order be issued for the purchase a 2003 Ford Ranger XLT Super Cab Pickup Truck at an approximate total cost of $18,014.94, including additional options. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 11, 2003, be received and filed and his recommendation approved. Motion carried. Page 8 of 19 Regular City Council Minutes February 19, 2003 RESOLUTION NO. 8154 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Don Kott Ford on Bid No. 1425 for the Purchase of a 2003 Ford Ranger XLT Super Cab Pickup Truck for the Community Services & Water Department and Approving and Authorizing the Execution of a Vehicle Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8154 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 11, 2003, was presented, advising that on November 20, 2002, this legislative body approved Resolution No. 8094, authorizing the execution of an equipment purchase and professional services contract with 911Vehicle.com for the equipment and installation of the Fire Department's 2003 Ford Excursion conversion to a Mobile Command Vehicle. 911Vehicle.com was unable to provide necessary insurance coverage. Nida Companies, the vendor that submitted the next lowest quote, has provided the appropriate insurance documentation. It is hereby recommended that an equipment purchase and professional services contract be entered into with Nida Companies at an approximate cost of $27,485.59. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 11, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8160 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and K.R. Nida Corporation, dba Nida Companies, and Repealing Resolution No. 8094, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8160 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that United Parcel Service has requested a one-year permit extension for their temporary office trailer located at 2820 E. 26th Street due to the fact that the construction of their parking structure has not yet been completed. This has been reviewed by the Director of Community Services and Water and it is hereby recommended that the trailer permit be extended through January 23, 2004. It was moved by Davis, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, be received and filed and his recommendation approved. Motion carried. Page 9 of 19 Regular City Council Minutes February 19, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that Valley Vista Services has submitted a franchise agreement package that includes: two original agreements, insurance documentation, and a performance bond instrument. This has been reviewed by the Director of Environmental Health and City Attorney, and it is hereby recommended that the franchise agreement for Valley Vista Services be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, and related documents be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8156 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Non -Exclusive Solid Waste Franchise Agreement Pursuant to Article VI of Chapter 12 of the Vernon City Code By and Between the City Of Vernon and Valley Vista Services, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8156 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, recommending that the Personnel Committee Meetings presently held on the first and third Monday of each month be changed to the first and third Tuesday of each month and/or the Tuesday prior to a Regularly Scheduled City Council Meeting. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8161 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 7682 Which Set the Time and Place for Regular Meetings of Committees and Commissions of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8161 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that on December 4, 2002, this legislative body approved, through the amendment to the 1997 Supplement Agreement, acquisition of a small triangular portion of the Southern California Edison (Edison) Bandini Sub -station and in exchange, deed a portion of property the City acquired from the U.S. Postal Service. At this time it is necessary that the City of Vernon accept the deed to the triangular portion of the Edison Bandini Sub -station and execute the deed that transmits the property the City will provide to Edison. Page 10 of 19 Regular City Council Minutes February 19, 2003 This has been reviewed by the City Attorney and the Director of Community Services and Water. It is hereby recommended that the City of Vernon accept the deed to the triangular portion of the Edison Bandini Sub -station and execute the deed that transfer the property the City will provide to Edison. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that Colonel Lee's Enterprises has requested a variance from the 2001 California Building Code Table No. 5-A, which states that no openings in the exterior wall are allowed within five feet of the property line. They have recently expanded their processing operation from 3080 50th Street to 3090 50th Street and in order to improve the efficiency of their operation, they will need access between the two contiguous buildings. They are proposing to make two 7 foot by 10 foot openings in the adjoining wall. Submitted herewith is a Staff Report as prepared by the Community Services and Water Department. This has been reviewed by the Fire Chief and the Director of Community Services and Water and it is recommended that the variance be granted with the following conditions: 1.A three-hour fire rated door assembly shall be provided at the openings in the property line wall. The doors shall have fusible links on both sides. 2.Upon any change in occupancy, ownership or use, the doors shall be removed and the wall shall be reconstructed under a building permit. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 13, 2003, was presented, advising that at this time it is necessary to approve the issuance of bonds to finance the acquisition and construction of the Malburg Generating Station Project. The bond financing documents, bond swap agreement, and the amendment to the City's existing Investment Policy, set forth the approval and authorization to issue the bonds in the principal sum of $165,000,000.00. This has been reviewed by the City Attorney, our Finance Administrator, and the Director of Utilities. It is hereby recommended that the bond financing documents, bond swap agreement and the amendment to the City's existing Investment Policy be approved and executed. Submitted herewith are the following documents: Page 11 of 19 Regular City Council Minutes February 19, 2003 1. Indenture of Trust 2. First Supplement Indenture of Trust 3. Second Supplemental Indenture of Trust 4. Preliminary Official Statement 5. Bond Purchase Contract, Series A 6. Bond Purchase Contract, Series B 7. Reimbursement Agreement 8. Series A Bond Remarketing Agreement The Director of Utilities addressed the City Council and briefly provided additional information with regard to the letter of credit and other financing issues as well project cost. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 13, 2003, and all supporting documents be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8149 - A Resolution of the City Council of the City of Vernon Approving an Amendment to the City's Annual Statement of Investment Policy, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8149 be approved and adopted. Motion carried. RESOLUTION NO. 8150 - A Resolution of the City Council of the City of Vernon Authorizing and Approving the Issuance of Not to Exceed $165,000,000 Aggregate Principal Amount of Electric System Revenue Bonds; Approving the Indenture of Trust and Supplemental Indentures of Trust Pursuant to which such Bonds are to be Issued; Authorizing and Approving Certain Documents in Connection with the Issuance, Securing and Sale of such Bonds; and Authorizing Certain Other Matters Relating Thereto, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8150 be approved and adopted. Motion carried. RESOLUTION NO. 8151 - A Resolution of the City Council of the City of Vernon Approving the Form of an Interest Rate Swap Agreement and Authorizing the Entry into One or More Interest Rate Swap Transactions and Certain Actions Relating Thereto, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8151 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 29, 2003, was presented, requesting authority and funds for Lieutenant James Wohlt to attend the "Officer Involved Shootings: Supervisor/Management Responsibilities Course" at Newport Beach on March 27 and 28, 2003, with an expense allowance of $264.20. Page 12 of 19 Regular City Council Minutes February 19, 2003 It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Lieutenant James Wohlt to attend the aforementioned course with an expense allowance of $264.20. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 29, 2003, was presented, requesting authority and funds for below listed personnel to attend the "Type I Jail Watch Commanders Overview Training" at Pasadena on March 13, 2003, with an expense allowance of $118.20 each. • Steve Towles, Lieutenant • Ben Busse, Sergeant It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above listed police personnel to attend the aforementioned training with an expense allowance of $118.20 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 29, 2003, was presented, requesting authority and funds for Sergeant Roberto Sousa to attend the "Supervisory Course" at Whittier on March 10 through 21, 2003, with an expense allowance of $250.00, of which POST will reimburse $155.40. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Sergeant Roberto Sousa to attend the aforementioned course with an expense allowance of 250.00. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated February 4, 2003, was presented, requesting authority and funds for Code Enforcement Inspector Leo Lee to attend the "2000 Uniform Plumbing Code Seminar" at Ontario on April 8 and 9, 2003, with an expense allowance of $215.04. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Code Enforcement Inspector Leo Lee to attend the aforementioned seminar with an expense allowance of $215.04. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 5, 2003, was presented, requesting authority and funds for Utility Clerk Araceli Ayon to attend the "Secrets of Successful Technical Writing Seminar" at Pasadena on March 28, 2003, with an expense allowance of $205.00. It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Utility Clerk Araceli Ayon to attend the aforementioned seminar with an expense allowance of $205.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 5, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "SB 90 State mandated Cost Claiming Workshop" at Ontario on March 18, 2003, with an expense allowance of $100.20 each. Page 13 of 19 Regular City Council Minutes February 19, 2003 • Daniel Calleros, Sergeant • Danita Robertson, Records Manager It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed police personnel to attend the aforementioned workshop with an expense allowance of $100.20 each. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities, dated February 5, 2003, was presented, requesting authority and funds for Electronics Technician Antonio Lopez to attend the "Conflict Management and Confrontational Skills Seminar" at Pasadena on March 12, 2003, with an expense allowance of $255.80. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Electronics Technician Antonio Lopez to attend the aforementioned seminar with an expense allowance of $255.80. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities, dated February 5, 2003, was presented, requesting authority and funds for Electronics Technician Glenn Burdick to attend the "Conflict Management and Confrontational Skills Seminar" at Long Beach on March 5, 2003, with an expense allowance of $257.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Electronics Technician Glenn Burdick to attend the aforementioned seminar with an expense allowance of $257.00. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities, dated February 5, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Vacuum Based Interruption Technology and Application Seminar" at Diamond Bar on March 25, 2003, with an expense allowance of $65.60 each. • Matthew Daniels, Senior Substation Technician • Mike Hendrickson, Substation Technician It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with'an expense allowance of $65.60 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 13, 2003, was presented, transmitting the Minutes of the Regular Finance Committee Meeting held February 11, 2003, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations on the Minutes of the Regular Finance Committee Meeting held February 11, 2003, be approved. Motion carried. Page 14 of 19 Regular City Council Minutes February 19, 2003 RESOLUTION NO. 8153 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Vehicle Purchase Contract By and Between the City of Vernon and TMT-Pathway, L.L.C. for the Purchase of a Stencil Truck for the Community Services & Water Department, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8153 be approved and adopted. Motion carried. RESOLUTION NO. 8155 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Two to Consulting Services Agreement By and Between the City of Vernon and Lindborg & Associates, Inc., was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8155 be approved and adopted. Motion carried. RESOLUTION NO. 8158 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of One 2003 Ford Explorer XLT for the Health Department, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8158 be approved and adopted. Motion carried. RESOLUTION NO. 8159 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Vehicle Purchase Contract By and Between the City of Vernon and Sopp Chevrolet for the Purchase of Two 2003 Chevrolet Blazers for the Community Services & Water Department. It was moved by Davis, seconded by Gonzales, that Resolution No. 8159 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 13, 2003, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held February 19, 2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations on the Agenda for the Regular Personnel Committee Meeting held February 19, 2003, be approved. Motion carried. Warrant Register No. 1108 covering claims and demands presented during the period of January 30, 2003 through February 12, 2003, drawn on Wells Fargo Bank totaling $599,427.27, which includes demand nos. 208871 through 209130, (inclusive), excluding Utilities' demands and voided check no. 208887. (Accounting period February 2003). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1108 be approved and payment authorized for claims and demands totaling $599,427.27, excluding Utilities' demands and voided check as listed above. Motion carried. Page 15 of 19 Regular City Council Minutes February 19, 2003 Warrant Register No. 1108 covering claims and demands presented during the period of January 30, 2003 through February 12, 2003, drawn on Wells Fargo Bank totaling $4,220,559.65, which includes Utilities' demands nos. as listed below: (Accounting period February 2003). 208876 208877 208878 208879 208880 208881 208882 208884 208885 208886 208898 208899 208900 208919 208922 208929 208944 208945 208950 208957 208963 208964 208968 208982 208983 208984 208989 209024 209025 209028 209029 209036 209049 209057 209072 209079 209085 209093 209097 209098 209118 209126 209129 209130 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1108 be approved and payment authorized for Utilities' claims and demands totaling $4,220,559.65. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that his decision may have material financial effect on his source of income. Payroll Warrant Register No. 560 covering claims and demands presented during the period of December 15 through January 11, 2003. Drawn on Wells Fargo Bank totaling $2,062,410.94, which includes demand nos. 7950 through 7987 inclusive). (Accounting Period: January 2003). It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 560 be approved and payment authorized for claims and demands totaling $2,062,410.94. Motion carried. The Mayor called a short recess at 6:30 p.m. The City Council reconvened in regular session at 6:34 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 6:34 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Chief Deputy City Clerk, Chief of Police, Police Captain, 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 16 of 19 Regular City Council Minutes February 19, 2003 The Chief of Police and Captain were excused from closed session at 5:34 p.m. It was moved by McCormick, seconded by Gonzales, that the City Council go out of closed session on Item No. 1, the time being 6:36 p.m. Motion carried. The City Clerk advised that there was nothing to discuss 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 Gonzales, seconded by Ybarra, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 6:36 p.m. Motion carried. 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. 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. 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 Page 17 of 19 Regular City Council Minutes February 19, 2003 Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RTO1-82 (SDG&E), RTO1-83 (PG&E), RTO1-85 (ISO) and RTO1-92 (SCE); SRP v. ISO, FERC Docket No. ELO1-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-250 ((ISO); FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02-636 (SCE); FERC Docket No. ER02- 637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-925 (SCE); FERC Docket No. ER02-1656 (ISO); EL02-103 (Vernon); 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) (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. EL01-34 (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, E1 Paso Natural Gas, et al., Case No. BC 265905; (t) Randy Bohlander v. Vernon, Workers' Compensation Claim Nos. 013-01-00007 & 013-02-00002 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. Page 18 of 19 Regular City Council Minutes February 19, 2003 5. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: RAMON MIRAMONTES Agency Claimed Against: CITY OF VERNON Claimant: METRO WASH & LAUNDRY Agency Claimed Against: CITY OF VERNON It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session on Item Nos. 3, 4, and 5, and resumed regular session, the time being 6:48 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Liability Claim of Ramon Miramontes be approved and the Release of All Claims be accepted in the amount of $944.20. Motion carried. It was moved by Ybarra, seconded by Davis, that the Liability Claim of Metro Wash & Laundry be rejected. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the discipline recommended by the Chief of Police for Police Sergeant be approved. Motion carried. It was moved by Gonzales, seconded by Davis, that authorization be granted to the City Attorney to proceed with negotiations with Personnel Attorney. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the City Council Meeting adjourn, the time being 6:50 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk Leonis C. Mal urg Mayor Page 19 of 19