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19981020 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 20, 1998 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro Tem Ybarra. It was moved by McCormick, seconded by Gonzales, that the minutes of the City Council Meeting held October 6, 1998 be approved as submitted and adopted. Motion carried. The Mayor Pro Tem presented Perfect Attendance Awards to the following employees and extended congratulations on behalf of the entire City Council. Sharon Capper, Customer Service Representative David Moore, Fire Captain Glenn Burdick, Electronics Technician David Koltvet, Firefighter Lawrence Muno, Firefighter Kurt Smith, Fire Engineer Gary Dressen, Fire Captain Lewis Pozzebon, Director of Environmental Health Michael Busch, Fire Captain James Smith, Battalion Chief Charla Duncan, Secretary The following employees were unable to attend the meeting and their Perfect Attendance Awards were accepted by their respective department head: Gerardo Faria, Utilityman Daniel Santos, Police Officer Todd Egan, Firefighter Anthony Rotell, Firefighter Robert Combe, Firefighter Anthony Hinojos, Utilityman Paul Johnson, Firefighter Michael Langer, Firefighter Jason McEachran, Firefighter Jeffrey Neely, Firefighter Roy Ness, Utilityman James Persons, Project Engineer Michael Gillman, Lieutenant The Mayor Pro Tem called a short recess, the time being 5:06 P.M. Council reconvened at 5:10 P.M. Police Department Activity Log for the period October 1st thru 15t'', 1998, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period October 1st thru 15t'', 1998, be received and filed. Motion carried. Fire Department Activity Report for the period October 1st thru 15t'', 1998, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period October 1st thru 15t'', 1998, be received and filed. Motion carried. City Council Minutes October 20, 1998 Health Department Report for the month of September, 1998, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of September, be received and filed. Motion carried. Risk Management Report for the month of September, 1998, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of September, 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 Pro Tem 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. The City Clerk announced that the following matter should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated September 28, 1998 advising the Alameda Corridor Transportation Authority (ACTA) is requesting 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 will give ACTA the authority to construct the corridor within our right-of-way and will require ACTA to 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. (Deferred from City Council meeting held October 6, 1998). It was moved by Davis, seconded by Gonzales, to defer the aforementioned matter to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 15, 1998, was presented transmitting a Water Right License and Agreement with California Water Service, Inc., for the rights to 2,000 acre-feet of water. The cost of this water is $178.00 per acre foot or $356,000 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 Gonzales, seconded by McCormick, that the communication be received and filed, the recommendation approved, and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7227 - A Resolution 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 California Water Service Company Which Grants the City of Vernon a License to Extract 2,000 Acre -Feet of California Water Service Company's Allowed Pumping Allocation for the Period July 1, 1998 through June 30, 1999, was presented. Page 2 of 8 City Council Minutes October 20, 1998 It was moved by Davis, seconded by Gonzales, that Resolution No. 7227 be approved and adopted. Motion carried. RESOLUTION NO. 7226 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electric Vehicle Loan Agreement between the City of Vernon and Southern California Edison Company, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7226 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 29, 1998, was presented requesting authority and funds for Police Officer Matthew W. Brown to attend the Field Training Officer Course at Whittier on November 2Id thru 6th, 1998 with an expense allowance of $86.80 which $86.80 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that authority be granted for Police Officer Matthew W. Brown to attend the aforementioned seminar with a total expense allowance of $86.80 which will be reimbursed by POST. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 1, 1998, was presented requesting authority and funds for Dispatcher Malcom Herrington to attend the Power Phone Dispatch Training Program at Monrovia on November 5th & 6th, 1998 with an expense allowance of $238.71 of which $34.72 will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Dispatcher Malcom Herrington to attend the aforementioned training program with a total expense allowance of $238.71 of which $34.72 will be reimbursed by POST. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 30, 1998, was presented requesting authority and funds for himself to attend the Los Angeles County Police Chiefs' Association Training Seminar at Pala Mesa (Temecula) on November 8th _ 10th, 1998 with an expense allowance of $291.38 of which $279.60 will be reimbursed by POST. It was moved by Gonzales, seconded by Davis, that authority be granted for Chief of Police Bruce Olson to attend the aforementioned seminar with a total expense allowance of $291.38 of which $279.60 will be reimbursed by Post. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 24, 1998, was presented requesting authority and funds for Police Officer David Rumley to attend the California Narcotic Officers' Association Training Conference at San Diego on November 21st thru 24th, 1998 with an expense allowance of $733.61. It was moved by McCormick, seconded by Davis, that authority be granted for Police Officer David Rumley to attend the aforementioned conference with a total expense allowance of $733.61. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1998, was presented requesting authority and funds for himself to attend the NLC Conference at Kansas City, MO on December 2nd thru 6th, 1998 with an expense allowance of $685.00. Page 3 of 8 City Council Minutes October 20, 1998 It was moved by McCormick, seconded by Gonzales, that authority be granted for City Clerk Bruce V. Malkenhorst to attend the aforementioned conference with a total expense allowance of $685.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1998, was presented requesting authority and funds for Councilmen Bill Davis, Larry Gonzales, and Mike McCormick to attend the NLC Conference at Kansas City, MO on December 2nd thru 6th, 1998 with an expense allowance of $1385.00 each. It was moved by Davis, seconded by Gonzales, that authority be granted for the above mentioned Councilmen to attend the aforementioned conference with a total expense allowance of $1385.00 each. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities dated October 14, 1998, was presented requesting authority and funds for Engineering Aide Timothy F. Bass to attend the General Orders 95/128 Rules Committee Fall 1998 General Meeting at Pleasanton on November 3rd thru 5th, 1998 with an expense allowance of $350.90. It was moved by McCormick, seconded by Davis, that authority be granted for Engineering Aide Timothy F. Bass to attend the aforementioned meeting with a total expense allowance of $350.90. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities dated October 14, 1998, was presented requesting authority and funds for Energy Management Representative -Trainee, Eva De La Rosa to attend the Basic Electricity Seminar at Edison CTAC, Irwindale on October 28, 1998 with an expense allowance of $110.00. It was moved by Gonzales, seconded by Davis, that authority be granted for Energy Management Representative - Trainee, Eva De La Rosa to attend the aforementioned seminar with a total expense allowance of $110.00. Motion carried. Communication from Dave Telford, Fire Chief dated October 15, 1998, was presented requesting authority and funds for Firefighters Jeff Wilson and Jason Hurd to attend the Hazmat Specialist "Upgrade"- Module 1F Seminar at Mobil Oil Fire Department on November 2nd thru 6th, 1998 with an expense allowance of $250.00 each. It was moved by McCormick, seconded by Gonzales, that authority be granted for Firefighters Jeff Wilson and Jason Hurd to attend the aforementioned seminar with a total expense allowance of $250.00 each. Motion carried. Communication from Dave Telford, Fire Chief dated October 15, 1998, was presented requesting authority and funds for Firefighters Jeff Wilson and Jason Hurd to attend the Hazmat Specialist "Upgrade"- Module 1G Seminar at Mobil Oil Fire Department on November 9th thru 13th, 1998 with an expense allowance of $250.00 each. It was moved by Davis, seconded by Gonzales, that authority be granted for Firefighters Jeff Wilson and Jason Hurd to attend the aforementioned seminar with a total expense allowance of $250.00. each. Motion carried. Page 4 of 8 City Council Minutes October 20, 1998 Communication from Bruce V. Malkenhorst, Director of Finance, dated October 14, 1998, was presented transmitting the Minutes of the Regular Finance Committee meeting held October 13, 1998 for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that recommendations listed on the October 13, 1998 Minutes of the Finance Committee meeting, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 14, 1998, was presented transmitting the Agenda for the Personnel Committee Meeting to be held October 19, 1998 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the October 19, 1998 Agenda for the Personnel Committee meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 14, 1998, was presented transmitting the Agenda for the Adjourned Regular Finance Committee meeting to be held October 19, 1998 for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations listed on October 19, 1998 Agenda for the Finance Committee meeting be approved. Motion carried. WARRANT REGISTER NO. 1000 covering claims and demands presented during the period of October 2nd thru 15th, 1998, drawn on Wells Fargo Bank totaling $1,735,460.44, which includes Demand Nos. 68964 thru 69158 (inclusive), excluding Utility Demands and Void Demands as listed below (accounting period October, 1998):, was examined and audited. 69003 69027 69030 69066 69025 69028 69031 69026 69029 69032 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 1000 be approved and payment authorized for claims and demands totaling $1,735,460.44, excluding Utility Demands and Void Demands as listed above. Motion carried. WARRANT REGISTER NO. 1000 covering claims and demands presented during the period of October 2nd thru 15th, 1998, drawn on Wells Fargo Bank totaling $1,944,059.79, which includes Utility Demand Nos. as listed below (accounting period October, 1998):, was examined and audited. 68967 68989 69019 69043 69062 69094 69136 68978 69010 69021 69047 69067 69095 69137 68979 69011 69022 69056 69083 69097 69146 68983 69012 69023 69058 69085 69116 69151 68984 69013 69039 69060 69088 69127 69157 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1000 be approved and payment authorized for Utility claims and demands totaling $1,944,059.79. 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. Page 5 of 8 City Council Minutes October 20, 1998 PAYROLL WARRANT REGISTER NO. 508 covering claims and demands presented during the period of August 16th thru September 12th, 1998, drawn on Wells Fargo Bank totaling $1,717,492.18 which includes Demand Nos. 5904 thru 5935 (inclusive) (accounting period September, 1998), was examined and audited. It was moved by Davis, seconded by McCormick, that Payroll Warrant Register No. 508 be approved and payment authorized for claims and,demands totaling $1,717,492.18. Motion carried. Consideration of Kern River's Southern California Expansion Confidentiality Agreement between Kern River Gas Transmission Company and the City of Vernon as submitted by Kenneth J. DeDario, Director of Utilities, October 15, 1998, was presented. Kenneth J. DeDario, Director of Utilities, addressed the City Council and briefly summarized this matter. RESOLUTION NO. 7228 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of Kern River's California Expansion Confidentiality Agreement and Open Season Election By and Between the City of Vernon and Kern River Gas Transmission Company, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7228 be approved and adopted. Motion carried. The Mayor Pro Tem called a recess at 5:44 P.M. The Council reconvened in Regular Session at 5:45 P.M., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that Council go into Closed Session, Item No. 1, the time being 5:46 P.M. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, Director of Community Services & Water, Utilityman, and the Secretary. The Mayor Pro Tem 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 Utilityman was excused at 5:48 P.M. The Director of Community Services was excused at 5:48 P.M. It was moved by McCormick, seconded by Gonzales, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 5:48 P.M. Motion carried. The City Attorney advised that there were no items to be discussed in Closed Session No. 2. Page 6 of 8 City Council Minutes October 20, 1998 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) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (d) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 16,33 and EL96-48 (Restructuring); (e) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (f) 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; (g) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned (h) 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 (i) FERC Docket No. ER98-3594 (ISO); (j) CPUC Application No. 98-07-005; (k) FERC Docket No. ER98-3760 (ISO); (1) Donald Glaze v. City of Vernon, WCAB No. AHM 027019, 027021, 039637 (m) Unicare Insurance Co. Vs. City of Vernon, Case No. VCO26942 It was moved by Davis, seconded by Gonzales, that the City Council go into Closed Session, Item No. 3, the time being 5:49 P.M. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, and the Secretary. The Mayor Pro Tem 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: Agency claimed against: Seung Choon Lim City of Vernon Page 7 of 8 City Council Minutes October 20, 1998 It was moved by McCormick, seconded by Gonzales, that the City Council go out of Closed Session pertaining to Item No. 3, the time being 5:50 P.M. Motion carried. It was moved by Gonzales, seconded by Davis, to approve disciplinary action of the Utilityman as recommended by the Director of Community Services and Water. Motion carried. It was moved McCormick, seconded by Davis, that the claim from Seung Choon Lim be approved in the amount of $635.00 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 -� Thomas A. Yba a Mayor Pro Tem. Page 8 of 8