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19980908 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 8, 1998 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales MEMBERS ABSENT: Davis The meeting was called to order by Mayor Malburg. The City Clerk announced that now was the time to present Service Pins to the following employees: The following employees were unable to attend the meeting and their Service Pins were presented by the Mayor and accepted by their respective department head: Robert Kipness Foreman 20 Years Vince Washington Utilityman II 20 Years Penny Turner Sergeant 10 Years Police Department Activity Log for the period August 16t'' thru 315t, 1998, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period August 16th thru 31", 1998, be received and filed. Motion carried. Fire Department Activity Report for the period August 16t'' thru 31st, 1998, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period August 16th thru 31St, 1998, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience 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 anyone in the audience wished to address the Council at this time. Their was no one wishing to address the City Council at this time. RESOLUTION NO. 7141 - A Resolution of the City Council of the City of Vernon Amending the Guidelines for Filming in Vernon to Provide for the Use of Vernon Off -Duty Police Officers for Security at Filming Locations. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7141 be approved and adopted. Motion carried. RESOLUTION NO. 7211 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Implementation of a Trusty Program at the Vernon City Jail. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7211 be deferred to the next City Council meeting. Motion carried. Page 1 of 8 City Council Minutes September 8, 1998 Communication from Bruce V. Malkenhorst, City Clerk, was presented, dated August 27, 1998, transmitting a Water Right License and Agreement with Coast Packing Company for the rights to 425 acre-feet of water. The cost of this water is $160.00 per acre foot or $68,000 total. This has been reviewed by the Director of Community Services & Water and the City Attorney, and it is hereby recommended that the agreement be approved and the Mayor and City Clerk be authorized to execute same. It was moved by McCormick, seconded by Gonzales, that the agreement be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7212 - A Resoluticn of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and Coast Packing Company, which grants the City of Vernon a License to Extract 425 Acre -Feet of Coast Packing's Allowed Pumping Allocation for the Period July 1, 1998 through June 30, 1999, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7212 be approved and adopted. Motion carried. RESOLUTION NO. 7213 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. One to the Confidential Agreement for Real Estate Consulting and Representation Services By and Among the City of Vernon, the Redevelopment Agency of the City of Vernon and McKinney Travers • Oncor International, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7213 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated August 24, 1998, was presented requesting a Trailer Permit Extension for Kronfli Spundale Mills, Inc., located at 4440 26th Street, to August 21, 1999. The permit fee has been received, and it is hereby recommended to extend the Trailer Permit. It was moved by McCormick, seconded by Ybarra to approve the extension of a Trailer Permit for Kronfli Spundale Mills to August 21, 1999. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 9, 1998, was presented, requesting authority and funds for Randolph Phillips, Detective, to attend the Western States Safe & Burglary Investigators Association Seminar at San Francisco on October 5th thru October 8th, 1998, with an expense allowance of $799.60 of which $536.12 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Detective Randolph Phillips to attend the aforementioned seminar with a total expense allowance of $799.60 of which $536.12 will be reimbursed by POST. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 26, 1998, was presented, requesting authority and funds for Michael Chavez, Sergeant, to attend the Annual Training Manager Update at Buellton on October 7th thru October 9th, 1998, with an expense allowance of $472.80. Page 2 of 8 City Council Minutes September 8, 1998 It was moved by McCormick, seconded by Gonzales, that authority be granted for Sergeant Michael Chavez to attend the aforementioned update with a total expense allowance of $472.80. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 20, 1998, was presented requesting authority and funds for Steven Wiles, Police Officer, to attend the Auto Theft Investigators Seminar at San Diego on October 15t thru 2nd, 1998, with an expense allowance of $289.37. It was moved by Gonzales, seconded by Ybarra that authority be granted for Police Officer Steven Wiles to attend the aforementioned seminar with a total expense allowance of $289.37. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 2, 1998, was presented requesting authority and funds for Paul Salazar, Police Officer, to attend the Arrest & Control Defense Tactics Instructors Course (Part 1) at Palm Springs on October 5th thru 9th, 1998 with an expense allowance of $1209.69 of which $1081.04 will be reimbursed by POST. It was moved by McCormick, seconded by Ybarra, that authority be granted for Police Officer Paul Salazar to attend the aforementioned course with a total expense allowance of $1209.69 of which $1081.04 will be reimbursed by POST. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated September 1, 1998, was presented requesting authority and funds for Elizabeth Quaranta, Environmental Health Specialist, to attend the Northern Environmental Health Update & Training - CEHA Conference at South Lake Tahoe on October 22nd thru 23rd, 1998, with an expense allowance of $634.80. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Environmental Health Specialist Elizabeth Quaranta to attend the aforementioned conference with a total expense allowance of $634.80. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated, September 3, 1998, was presented recommending that the following personnel actions be approved. Reimbursements: Police Captain, Solomon Benudiz, be reimbursed $99.54, for the purchase of uniform shoes. It was moved by McCormick, seconded by Ybarra, to reimburse Solomon Benudiz $99.54. Motion carried. Yvonne Jennings, Account Clerk, in the Finance Department, be reimbursed $235.94 from the Education and Training Appropriation Account for costs incurred for her satisfactory completion of two courses taken in the Spring 1998 Semester at West Los Angeles College, related to her position with the City. It was moved by Gonzales, seconded by Ybarra, to reimburse Yvonne Jennings $235.94 from the Education and Training Appropriation Account. Motion carried. Page 3 of 8 City Council Minutes September 8, 1998 Martha Parra, Transcriber Typist in the Police Department, be reimbursed $66.50 from the Education and Training Appropriation Account for costs incurred for her satisfactory completion of a course taken in the Spring 1998 Semester at East Los Angeles College, related to her position with the City. It was moved by Ybarra, seconded by McCormick, to reimburse Martha Parra $66.50 from the Education and Training Appropriation Account. Motion carried. Sergio Rodriguez, Resource Scheduler, in the Utilities Department, be reimbursed $934.80 from the Education and Training Appropriation Account for costs incurred for his satisfactory completion a course taken in the Spring 1998 Semester at Woodbury University, related to his position with the City. This recommendation is on an individual basis and is not intended to automatically cover all employees. It was moved by Gonzales, seconded by Ybarra, to reimburse Sergio Rodriguez $934.80 from the Education and Training Appropriation Account. Motion carried. Linda Smith, Utility Clerk, in the Health Department, be reimbursed $983.99 from the Education and Training Appropriation Account for costs incurred for her satisfactory completion of a course taken in the Summer 1998 Semester at Woodbury University, related to her position with the City. This recommendation is on an individual basis and is not intended to automatically cover all employees. It was moved by Ybarra, seconded by McCormick to reimburse Linda Smith $983.99 from the Education and Training Appropriation Account. Motion carried. Abraham Alemu, Associate Engineer, in the Utilities Department, be reimbursed $3,511.65 from the Education and Training Appropriation Account for costs incurred for his satisfactory completion of two courses taken in the Summer 1998 Semester at Woodbury University, related to his position with the City. This recommendation is on an individual basis and is not intended to automatically cover all employees. It was moved by McCormick, seconded by Ybarra, to reimburse Abraham Alemu $3,511.65 from the Education and Training Appropriation Account. Motion carried. Manuela Giron, Account Clerk, in the Finance Department, be reimbursed $972.75 from the Education and Training Appropriation Account for costs incurred for her satisfactory completion of a course taken in the Summer 1998 Semester at the University of Phoenix, related to her position with the City. This recommendation is on an individual basis and is not intended to automatically cover all employees. It was moved by Ybarra, seconded by Gonzales, to reimburse Manuela Giron $972.75 from the Education and Training Appropriation Account. Motion carried. Employment Agreements: The thirty-six (36) month Employment Agreement by and between the City of Vernon and Police Officer Velecia Martinez be accepted and ratified effective August 15, 1998. Page 4 of 8 City Council Minutes September 8, 1998 It was moved by McCormick, seconded by Gonzales, that the thirty-six (36) month Employment Agreement by and between the City of Vernon and Police Officer Velecia Martinez be accepted and ratified effective August 15, 1998. Motion carried. The eighteen (18) month Employment Agreement by and between the City of Vernon and Police Officer Lorenzo Gaytan be accepted and ratified effective August 16, 1998. It was moved by Ybarra, seconded by Gonzales, that the eighteen (18) month Employment Agreement by and between the City of Vernon and Police Officer Lorenzo Gaytan be accepted and ratified effective August 16, 1998. Motion carried. Salary Increases: Phillip Swinford, Police Officer, Step 5, be granted a merit step increase to Police Officer, Step 4, with a new monthly base salary of $3825. This recommendation is based on Officer Swinford's satisfactory job performance during the past year, and if approval is granted it shall be effective September 16, 1998. It was moved by McCormick, seconded by Ybarra, that recommendation be made to City Council to grant a merit step increase to Phillip Swinford, Step 4, with a new monthly base salary of $3825, effective September 16, 1998 based on his satisfactory job performance during the past year. Motion carried. New Hires: Brett Koontz, be hired as an Environmental Specialist, Step 8, assigned to the Health Department, with a monthly salary of $3882, contingent upon satisfactory completion of a job related physical, and if approval is granted it shall be effective September 28, 1998. It was moved by Gonzales, seconded by McCormick, that recommendation be made to City Council to hire Brett Koontz as an Environmental Specialist, Step 8, assigned to the Health Department, effective September 28, 1998. Motion carried. Resignations• The resignation of Police Officer David Cheng, dated August 14, 1998, be accepted effective August 28, 1998 at the end of his shift. It was moved by Ybarra, seconded by Gonzales, that recommendation be made to City Council to accept the resignation of David Cheng, a Police Officer, dated August 14, 1998, be accepted effective August 28, 1998 at the end of his shift. Motion carried. The resignation of Firefighter Jason Toshack, dated August 30, 1998, with an effective date of September 23, 1998, be rejected. Firefighter Jason Toshack signed a 24 month Employment Agreement with the City on January 12, 1998, and by intending to resign, is in violation of said contract, and will be considered as abandoning his position as a Firefighter if he fails to report for duty on September 26, 1998. It was moved by McCormick, seconded by Gonzales, that the resignation of Firefighter Jason Toshack dated August 30, 1998, be rejected. Motion carried. Page 5 of 8 City Council Minutes September 8, 1998 WARRANT REGISTER NO. 997 covering claims and demands presented during the period of August 14th thru September 3ra, 1998, drawn on Wells Fargo Bank totaling $268,346.43, which includes Demand Nos. 68231 thru 68505 (inclusive), excluding Utility Demands and Void Demands as listed below (accounting period September, 1998), was presented. 68236 68250 68252 68278 68302 68326 68333 68341 68342 68343 68344 68345 68346 68347 68348 68436 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 997 be approved and payment authorized for demands totaling $268,346.43. Motion carried. WARRANT REGISTER NO. 997 covering claims and demands presented during the period of August 14t'' thru September 3ra, 1998, drawn on Wells Fargo Bank totaling $3,790,815.82, which includes Utility Demand Nos. as listed below (accounting period September, 1998), was presented. 68231 68257 68294 68316 68232 68259 68296 68317 68233 68260 68297 68318 68234 68261 68298 68319 68235 68266 68303 68321 68238 68275 68306 68322 68240 68276 68311 68329 68243 68277 68312 68334 68244 68289 68313 68335 68246 68292 68314 68255 68293 68315 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 997 be approved and payment authorized for Utility claims and demands totaling $3,790,815.82. Motion carried. The Mayor called a recess at 5:25 p.m. The Council reconvened in Regular Session at 5:29 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by McCormick, that Council go into Closed Session, Item No. 1, the time being 5:30 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, Acting City Attorney, Chief of Police, Police Captain, Director of Community Services, the Chief Deputy City Clerk, Director of Environmental Health, Police Lieutenant, and the Environmental Specialist. The Mayor ordered all communications to and from the 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 The Police Lieutenant was excused at 5:30 p.m. The Director of Environmental Health and the Environmental Health Specialist were excused at 5:35 p.m. Page 6 of 8 City Council Minutes p.m. 5:49 p.m. September 8, 1998 Police Lieutenant returned to Closed Session at 5:36 Police Lieutenant was excused at 5:42 p.m. Chief of Police and Police Captain were excused at The Utilityman entered Closed Session at 5:49 p.m. The Utilityman was excused at 5:55 p.m. The Director of Community Services & Water was excused at 5:55 p.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 5:56 p.m. Motion carried. The Acting City Attorney advised that there were no items to be discussed in Closed Session 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 54956.9. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) City of Vernon vs. Central Basin, etc., Zastrow, et al. LASC No. BC 130693; (b) City of Vernon v. Board of Harbor Commissioners of the City Of Long Beach, et al., LASC Case No. BC 158591; 2CIV B112374 (Pier T) (c) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (d) Johnson & Vincent v. Vernon, LASC BS 039646; (e) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (f) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 16,33 and EL96-48 (Restructuring); (g) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (h) Alex Mendrin (Al's Plastics) v. City of Vernon; Norwalk Superior Court No. VC 025592 consolidated with Scottsdale Insurance Company, et al, v. Vernon; Norwalk Superior Court No. VC 025888; (i) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned (j) City of Vernon v. All Persons Interested in the Matter of the Validity of City of Vernon Ordinance No. 1057 etc., Los Angeles Superior Court No. BC 190791; (k) FERC Docket No. ER98-3594 (ISO); (1) CPUC Application No. 98-07-005; (m) FERC Docket No. ER98-3760 (ISO); Page 7 of 8 City Council Minutes September 8, 1998 It was moved by McCormick, seconded by Gonzales, that the City Council go into Closed Session, Item No. 3, the time being 5:56 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk and the Acting City Attorney. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code §54956.95 LIABILITY CLAIMS Claimant: Vicenta Plascencia Agency claimed against: City of Vernon Claimant: Maria Aguayo Agency claimed against: City of Vernon Claimant: Manuel Plascencia Agency claimed against: City of Vernon It was moved by Ybarra, seconded by Gonzales, that the City Council go out of Closed Session and resume Regular Session, the time being 6:00 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to suspend the Environmental Health Specialist for one day which shall be held in abeyance for 12 months and to not pay the employee for time missed on September 3, 1998. Motion carried. It was moved by Gonzales, seconded by Ybarra, to approve disciplinary action of a Police Lieutenant as recommended by the Chief of Police. Motion carried. It was moved by McCormick, seconded by Gonzales, to terminate the Utilityman based on his failure to pass his job evaluation period. Motion carried. It was moved by Ybarra, seconded by Gonzales, to accept the resignation of Police Officer Jeffrey Bullock. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. eonis C. Malhurg Mayor Attest: Bruce V. Malkenhorst City Clerk Page 8 of 8