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19981006 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 6, 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, Davis 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 City Council Meeting held September 22, 1998 be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period September 16th thru 30th, 1998, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period September 16th thru 30th, 1998, be received and filed. Motion carried. Fire Department Activity Report for the period September 16th thru 30th, 1998, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period September 16th thru 30th, 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. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. There was no one in the audience who wished to address the City Council at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated October 1,1998, was presented, requesting a Trailer Permit Extension for Akzo Nobel, located at 3492 E. 26th Street, to September 18, 1999. The permit fee has been received, and it is hereby recommended to extend the Trailer Permit. It was moved by Gonzales, seconded by Davis, to approve the extension of a Trailer Permit for Akzo Nobel to September 18, 1999. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 23, 1998, was presented transmitting Contract No. 548, Street Sweeping - 1999, and recommending that the contract be approved and authority be granted to advertise for bids. It was moved by McCormick, seconded by Ybarra, that Contract No. 548, Street Sweeping - 1999 be approved and authority be granted to advertise for bids. Motion carried. RESOLUTION NO. 7222 - A Resolution of the City Council of the City of Vernon Approving Contract No. 548 of the City of Vernon for Street Sweeping - 1999 and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. Page 1 of 9 City Council Minutes October 6, 1998 It was moved by Davis, seconded by Ybarra, that Resolution No. 7222 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 23, 1998, was presented, advising that Contract No. 542, Power Plant Re- roofing, has been completed. The total contract amount is $142,000.00. A final partial payment totaling $9,900.00 is now due. The remaining ten percent, $14,200.00, is payable (35) days after acceptance of the work. It is hereby recommended that the work be accepted and authority be granted to pay the contractor, Letner Roofing Company, 1490 N. Glassell Street, Orange, CA 92867. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication be received and filed and the recommendations approved. Motion carried. RESOLUTION NO. 7223 - A Resolution of the City Council of the City of Vernon Accepting the Work of Letner Roofing Company in Accordance with Contract No. 542 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7223 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 24, 1998, was presented advising that Contract No. 524, Vernon Gas Distribution System, Phase I, has been completed. The total contract amount, including Change Orders and Extra Work Orders, is $1,649,387.85. A final partial payment of $202,315.90 is now due. The remaining ten percent (10%), $164,938.79, is payable 35 days after acceptance of the work. 125% of the amount of any claims filed shall be withheld until the claims are settled or until the funds are subject to release in the manner provided by law. It is hereby recommended that the work be accepted and authority be granted to pay the contractor, Kenko, Inc., DBA McGrand & Associates, 8990 Springbrook Drive, Suite 230, Minneapolis, MN 55433. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication be received and filed and the recommendations approved. Motion carried. RESOLUTION NO. 7221 - A Resolution of the City Council of the City of Vernon Accepting the Work of Kenko, Inc. in Accordance with Contract No. 524 of the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7221 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 23, 1998, was presented transmitting a fully executed Grant Deed from Dixon and Lois Harwin Trust, a family trust, for a portion of property situated at the southwest corner of Corona Avenue and 50th Street (approximately 343 square feet). The property will be used for street purposes and it is recommended that the Grant Deed be accepted, the Certificates of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. It was moved by Ybarra, seconded by Gonzales, that the Grant Deed from Dixon and Lois Harwin Trust be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. Motion carried. Page 2 of 9 City Council Minutes October 6, 1998 The City Clerk stated that the following matter should be deferred to the next meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated September 28, 1998 transmitting a request from the Alameda Corridor Transportation Authority (ACTA) that the City of Vernon issue a Right of Entry for certain parcels of property within Alameda Street and 25th Street for construction purposes. The City Attorney's office has prepared a Franchise Agreement for ACTA which, among other things, will give ACTA the authority to construct the corridor within our right-of-way. This agreement will also require that ACTA obtain the necessary City permits or licenses as required. This request has been reviewed by the Director of Community Services & Water and the City Attorney, and it is hereby recommended that the Franchise Agreement be approved. It was moved by Gonzales, seconded by Davis, to defer the aforementioned communication to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, dated September 28, 1998, was presented transmitting a proposed agreement for consulting services with David M. Griffith & Assoc., Ltd. (DMG) for the purpose of assisting the City in filing for reimbursable state mandated costs for fiscal year 1998-99. DMG proposes to prepare the listed claims that are state mandated for a fixed fee of $3400. This is $150 more this year due to the two additional types of claims DMG will be preparing for us. They will also complete any new claims for which there are state mandated claiming instructions issued in 1998-99 for a maximum fee amount of $3100. The proposed agreement is essentially the same as last year's with the exception of the increased costs. This issue has been reviewed by the Director of Environmental Health and the City Attorney has reviewed the agreement, and it is hereby recommended that the 1998-99 Agreement with David M. Griffith & Associates, Ltd., be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Clerk pertaining to the 1998-99 Agreement with David M. Griffith & Associates, Ltd., be approved. Motion carried. RESOLUTION NO. 7224 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Provide Mandated Cost Claiming Services By and Between the City of Vernon and David M. Griffith and Associates, Ltd. For Fiscal Year 1998-1999 was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7224 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 29, 1998, was presented transmitting a proposed In -Lieu Replenishment Agreement with the Water Replenishment District of Southern California covering the period July 1, 1998 thru June 30, 1999. 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. Page 3 of 9 City Council Minutes October 6, 1998 It was moved by Ybarra, seconded by Davis, that the aforementioned agreement be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7219 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an In -Lieu Replenishment Agreement (Central Basin and West Coast Basin: July 1, 1998-June 30, 1999) By and Between the City of Vernon and the Water Replenishment District of Southern California, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7219 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 29, 1998, was presented transmitting a Program Supplement Agreement to the State -Local Transportation Partnership Program Agreement No. SLTPP-5139 for the reconstruction of portions of Loma Vista, Corona Avenue, and 50tn Street, and the resurfacing of Santa Fe Avenue and District/Atlantic intersection, which has been scheduled by the City. The City is eligible to receive $232,842.00 towards the reconstruction. This program has been reviewed by the Director of Community Services & Water, and the City Attorney, and it is hereby recommended that Program Supplement Agreement No. 010 to SLTPP-5139 be approved and the Mayor and City Clerk be authorized to execute same. It was moved by Ybarra, seconded by Davis, that Program Supplement Agreement No. 010 to SLTPP-5139 be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7225 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement No. 010 to State -Local Transportation Partnership Program Agreement No. SLTPP-5139 By and Between the City of Vernon and the State of California, Acting By and Through the Department of Transportation was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7225 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 1, 1998, was presented advising that the Finance Committee ,recommended approval of an "Energy Management Representative" (Trainee) position in the Utilities Department at their meeting held September 15, 1998, which was subsequently approved by City Council on September 22, 1998, and it is hereby recommended that the following resolution be approved adding the "Energy Management Representative" (Trainee) position. It was moved by Gonzales, seconded by Ybarra, that the "Energy Management Representative" (Trainee) position be approved.Motion carried. RESOLUTION NO. 7220 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B," Page 6 of Resolution No. 6976, Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7220 be approved and adopted. Motion carried. Page 4 of 9 City Council Minutes October 6, 1998 Communication from Bruce V. Malkenhorst, City Clerk, dated October 1, 1998, was presented advising that Finance Office Manager Martha Valenzuela has been attending the Southeast Community Development Corporation ("SCDC") meetings on behalf of the City in conjunction with Councilman Gonzales and when Councilman Gonzales has not been able to attend. The SCDC Bylaws require that an alternate be appointed by the City Council of a member Agency, and it is hereby recommended that Martha Valenzuela be appointed to serve as the Alternate on the SCDC Board of Directors on behalf of the City of Vernon. It was moved by Davis, seconded by Ybarra, that Martha Valenzuela be appointed to serve as the Alternate on the SCDC Board of Directors on behalf of the City of Vernon. Motion carried. Communication from Dave Telford, Fire Chief, dated September 10, 1998, was presented, requesting authority and funds for Firefighter Jeff Wilson to attend'the Hazmat Technical Module 1C on September 28th thru October 2nd, 1998 at Mobil Oil Fire Dept., with a total expense allowance of $250.00. It was moved by Ybarra, seconded by McCormick, that authority be granted for Firefighter Jeff Wilson to attend the Hazmat Technical Module 1C on September 28th thru October 2nd, 1998, with an expense allowance of $250.00. Motion carried. Communication from Dave Telford, Fire Chief, dated September 10, 1998, was presented, requesting authority and funds for Firefighter Jeff Wilson to attend the Hazmat Technical Module 1D on October 5th thru 9th, 1998 at Mobil Oil Fire Dept., with a total expense allowance of $250.00. It was moved Davis, seconded by Gonzales, that authority be granted for Firefighter Jeff Wilson to attend the Hazmat Technical Module 1D on October 5th thru 9th, 1998, with a total expense allowance of $250.00. Motion carried. Communication from Dave Telford, Fire Chief, dated September 30, 1998, was presented, requesting authority and funds for Firefighters Craig Peltier and Andrew Guth to attend the Northern & Southern California Training Officers -Fall Training Symposium on November 1st thru 4th, 1998 at Fresno with a total expense allowance of $652.08 and $295.00, respectively. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Firefighters Craig Peltier and Andrew Guth to attend the aforementioned training Symposium on November 1st thru 4th, 1998, with a total expense allowance of $652.08 and $295.00, respectively. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 2, 1998, was presented, requesting authority and funds for Police Officer Paul Salazar to attend the Arrest & Control Defensive Tactics Instructor's Course (Part 2) on November 2nd thru 6th, 1998 at Palm Springs with a total expense allowance of $1,209.69 of which $1,081.04 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 Instructors Course on November 2nd thru 6th, 1998 with a total expense allowance of $1,209.69. Motion carried. Page 5 of 9 City Council Minutes Communication dated September 18, 1998, funds for Police Officers attend the Bicycle Patrol 6th, 1998 at San Bernardino $575.70 each of which $512 by POST. October 6, 1998 from Bruce Olson, Chief of Police, was presented, requesting authority and David Zapien and Jason Bogosian to Instructors Course on November 2nd thru with a total expense allowance of .08 will be reimbursed to each officer It was moved by Davis, seconded by Ybarra, that authority be granted for Police Officers David Zapien and Jason Bogosian to attend the aforementioned Instructors Course on November 2nd thru 6th, 1998 with a total expense allowance of $575.70 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 22, 1998, was presented, requesting authority and funds for Sergeant Glenn Finley and Sergeant Ben Busse to attend the Chemical Agents Instructors Course on November 2nd thru 6tn, 1998 at Carlsbad with a total expense allowance of $672.56 each and of which $546.96 will be reimbursed to each officer by POST. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Sergeant Glenn Finley and Sergeant Ben Busse to attend the aforementioned Instructors Course on November 2nd thru 6t'', 1998 with a total expense allowance of $672.56 each. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities, dated September 8, 1998, was presented, requesting authority and funds for Senior Electronics Technician Curtis Kirkland to attend the Protective Relay Maintenance Training in Southern California on November 2nd thru 6t'', 1998 at Wilmington with a total expense allowance of $1,550.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Senior Electronics Technician Curtis Kirkland to attend the aforementioned training on November 2nd thru 6th, 1998 with a total expense allowance of $1,550.00. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 30, 1998, was presented transmitting the Agenda for the Personnel Committee Meeting to be held October 5, 1998 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations listed on the October 5, 1998 Agenda for the Personnel Committee meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 30, 1998, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee meeting held September 29, 1998 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the September 29, 1998 Minutes of the Finance Committee meeting, be approved. Motion carried. Page 6 of 9 City Council Minutes October 6, 1998 WARRANT REGISTER NO. 999 covering claims and demands presented during the period of September 18th thru October 1st, 1998, drawn on Wells Fargo Bank totaling $242,779.67, which includes Demand Nos. 68706 thru 68961 (inclusive), excluding (Utility Demands) and Void Demand Nos. as listed below (accounting period October, 1998) was examined and audited. 68752 68793 68796 68934 68769 68794 68797 68792 68795 68798 It was moved Gonzales, seconded by Ybarra, that Warrant Register No. 999 be approved and payment authorized for claims and demands totaling $242,779.67, excluding Utility Demands and Void Demands as listed above. Motion carried. WARRANT REGISTER NO. 999 covering claims and demands presented during the period of September 18th thru October 1st, 1998, drawn on Wells Fargo Bank totaling $4,349,329.87, which includes Utility Demand Nos. as listed below (accounting period October, 1998) was examined and audited. 68707 68733 68747 68814 68888 68922 68957 68710 68734 68749 68816 68889 68923 68958 68711 68735 68750 68820 68893 68924 68959 68712 68736 68777 68824 68899 68926 68963 68714 68737 68786 68828 68902 68931 68715 68738 68787 68833 68905 68935 68717 68739 68789 68840 68909 68943 68719 68740 68791 68866 68913 68948 68730 68741 68801 68867 68914 68950 68731 68742 68804 68868 68917 68951 68732 68746 68812 68881 68919 68955 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 999 be approved and payment authorized for Utility claims and demands totaling $4,349,329.87. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. The Mayor called a recess at 5:30 p.m. The Council reconvened in Regular Session at 5:33 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that Council go into Closed Session, Item No. 1, the time being 5:33 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Chief of Police, Police Captain, Chief Deputy City Clerk, Police Officers and Attorney on behalf of the Police Officer. 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 Page 7 of 9 City Council Minutes p.m. at 6:24 p.m. October 6, 1998 The Police Officer and Attorney were excused at 6:15 Police Officer dismissed at 6:15 p.m. The Chief of Police and Police Captain were excused 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 6:28 p.m. Motion carried. It was moved by Davis, seconded by Ybarra, that the Chief of Police's recommendation to terminate the Police Officer be approved. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Council go into Closed Session, Item Nos. 2 & 3, the time being 6:29 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 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) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (c) Johnson & Vincent v. Vernon, LASC BS 039646; (d) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (e) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 16,33 and EL96-48 (Restructuring); (f) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (g) 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; (h) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned (i) 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 (j) FERC Docket No. ER98-3594 (ISO); (k) CPUC Application No. 98-07-005; (1) FERC Docket No. ER98-3760 (ISO); Page 8 of 9 City Council Minutes October 6, 1998 (m) Donald Glaze v. City of Vernon, WCAB No. AHM 027019, 027021, 039637 (n) James Mason v. City of Vernon, WCAB No. MON 0215293 (o) Unicare Insurance Co. Vs. City of Vernon, Case No. VCO26942 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code § 54956.95. LIABILITY CLAIMS Claimant: Mauro Trujillo Agency claimed against: City of Vernon It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session pertaining to Item Nos. 2 and 3, and resume Regular Session, the time being 6:33 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, to accept and ratify the compromise and release in the matter of James Mason v. Vernon, WCAB No. MON 0215293. Motion carried. It was moved by Ybarra, seconded by Davis, that the claim from Mauro Trujillo be approved in the amount of $466.84 and the Release be accepted. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk f nis C. Mal urgor Page 9 of 9