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19981215 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 15, 1998 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, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. Communication from Bruce V. Malkenhorst, City Clerk, dated December 9, 1998, was presented advising that the below listed employees have qualified in the month of November 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 11-18-96 Mark Goodman 08-17-87 John Cusolito 07-01-85 Wenceslao Reynoso 10-06-91 Andrew Ippolito 11-02-92 Andrew Kroner 11-04-91 Claudia Aguilar 11-16-83 James Rodino 07-25-79 Martha Valenzuela 11-06-89 Elias Zepeda 05-19-80 Manuel Giron 08-01-83 Edward Rodriguez Employee Award Police Officer 2 Years Fire Captain 3 Years Engineering Aide I 3 Years Information System 6 Years Specialist II Firefighter 6 Years Secretary 7 Years Lieutenant 8 Years Office Manager 9 Years Utilityman III 9 Years Utilityman I 10 Years Utilityman II 10 Years 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. 10-25-98 Kenneth Fraser Police Officer 3 Years 01-07-91 Jeff Smith Firefighter 4 Years 11-15-93 Michael Docherty Police Officer 5 Years 08-18-89 Daniel Kimes Fire Captain 5 Years 08-17-87 William Niesley Fire Captain 5 Years 11-15-93 Matthew Saidleman Police Officer 5 Years 11-02-92 Todd Painton Fire Engineer 6 Years 06-23-85 Martin Sanchez Systems Coordinator II 11 Years The Mayor called a recess at 5:05 p.m. The Council reconvened in regular session at 5:07. p.m., all members present before the recess again being present. Police Department Activity Log for the period December 1st thru 14th, 1998 . , was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period December 1st thru 14t'', 1998, be received and filed. Motion carried. Fire Department Activity Report for the period December 1st thru 14t'', 1998, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period December 1st thru 14t'', 1998, be received and filed. Motion carried. City Council Meeting Minutes December 15, 1998 Health Department Report for the month of November, 1998, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of November, 1998 be received and filed. Motion carried. Risk Management Report for the month of November, 1998, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of November, 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. There was no one wishing to address the City Council. ORDINANCE NO. 1068 - An Ordinance of the City Council of the City of Vernon Amending the Zoning Map of the City of Vernon to Prezone Territory Being Annexed Pursuant to the Proposal Designated "Reorganization - City of Vernon" Involving the Cities of Vernon and Bell Therewith, was read by title for a second and final reading. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 1068 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None ORDINANCE NO. 1069 - An Ordinance of the City Council of the City of Vernon, Repealing Ordinance No. 80, which granted to F. E. Fitzpatrick a Franchise to Maintain and Operate a Pipeline System in the City of Vernon Therewith, was read by title for a second and final reading. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None It was moved by McCormick, seconded by Davis, that Ordinance No. 1069 be approved and adopted. Motion carried. The City Clerk advised the Council that the following matter should be deferred to the next City Council meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated December 10, 1998, advising the Police Department has applied for and received a 1998 grant from the COPS MORE program amounting to $165,424.00. One of the requirements of the program is that the agency must have an Equal Employment Opportunity Plan. This plan, developed by Risk Management, has been reviewed by the Chief of Police and the City Attorney, and it is hereby recommended that Council adopt the City of Vernon Equal Employment Opportunity Plan to fulfill the requirements of the COPS MORE 1998 Award program. It was moved by Gonzales, seconded by Ybarra, that the above mentioned communication be deferred to the next City Council meeting. Motion carried. Page 2 of 9 City Council Meeting Minutes December 15, 1998 Communication from Bruce V. Malkenhorst, City Clerk, dated December 10, 1998, was presented advising the Finance Committee at its September 15, 1998 meeting approved a $10.00 co - payment fee for employees enrolled in the Universal Care HMO program, which was subsequently approved by City Council on September 22, 1998. This plan coverage has been changed to the M10 Plan which will provide a net savings to the City of approximately $18,000 annually. This plan has been reviewed by the Risk Manager/Personnel Assistant and the City Attorney, and it is hereby recommended that the M10 Plan be approved and the Mayor and City Clerk be authorized to execute same. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated December 10, 1998 be received and filed and the M10 Plan be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7252 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a New Universal Care Group Subscriber Agreement M10 Plan (90-100) By and Between the City of Vernon and Universal Care, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7252 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 10, 1998, was presented advising that Governor Wilson recently signed Assembly Bill 1978 into law (effective March 1, 1999) which requires food facilities to have an owner or employee who has successfully passed an approved food safety certification examination. This will allow a City to conduct a Food Handler Certification Program if it is in effect prior to January 1, 1999. Under the food handler program law, agencies that have an established program will be allowed to continue food handler training until January 1, 2001. At that time the agency must either be accredited by the State as a certified food safety training program or relinquish the training to available accredited agencies or companies. In order to continue our successful food handlers' training program and comply with the new State law the Environmental Health Department prepared Regulations for the City of Vernon Food Handler Training and Certification Program. This program has been reviewed by the Director of Environmental Health and it is hereby recommended that the program be approved and implemented. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk, dated December 10, 1998 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7250 - A Resolution of the City Council of the City of Vernon Approving Regulations for the City of Vernon Food Handler Training and Certification Program, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7250 be approved and adopted. Motion carried. Page 3 of 9 City Council Meeting Minutes December 15, 1998 Communication from Bruce V. Malkenhorst, City Clerk dated December 9, 1998, was presented requesting authority and funds for himself, Mayor Pro Tem Ybarra and Councilmen Davis and Gonzales to attend the California Contract Cities Association 32"d Legislative Tour at Sacramento on January llth thru 14th, 1999, with an expense allowance of $950.74 each. It was moved by Gonzales, seconded by Davis, that authority be granted for the above mentioned personnel to attend the California Contract Cities Association 21st Legislative Tour with an expense allowance of $950.74 each. Motion carried. WARRANT REGISTER NO. 1004 covering claims and demands presented during the period of December 4th thru December loth, 1998, drawn on Wells Fargo Bank totaling $239,847.10. which includes Demand Nos. 69814 thru 69909 (inclusive), excluding Utility Demands and Void Demands as listed below (accounting period December, 1998) was examined and audited. 69822 69854 69860 69861 69862 69863 69883 It was moved by Davis, seconded by Ybarra, that Warrant Register 1004 be approved and payment authorized for claims and demands totaling $239,847.10, excluding Utility Demands and Void Demands listed above. Motion carried. WARRANT REGISTER NO. 1004 covering claims and demands presented during the period of December 4th thru December loth, 1998, drawn on Wells Fargo Bank totaling $903,139.90, which includes Utility Demand Nos. as listed below (accounting period December, 1998) was examined and audited. 69814 69824 69839 69872 69901 69815 69827 69840 69887 69903 69816 69834 69843 69889 69905 69821 69835 69858 69895 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1004 be approved and payment authorized for Utility Claims and Demands totaling $903,139.90. 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. PAYROLL WARRANT REGISTER NO. 510 covering claims and demands presented during the period of October llth thru November 5th, 1998, drawn on Wells Fargo Bank totaling $1,685,929.47 which includes Demand Nos. 5972 thru 6010 (inclusive) (accounting period November, 1998) was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 510 be approved and payment authorized for claims and demands totaling $1,685,929.47. Motion carried. Consideration of Amendment Number Four to the Transmission Service Agreement Between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility located at the southwest corner of Vernon and Alcoa Avenue as submitted by Kenneth J. DeDario, Director of Utilities, dated December 3, 1998. (Deferred from City Council Meeting held December 8, 1998). Ken DeDario, Director of Utilities, addressed the City Council and .briefly summarized this matter. Page 4 of 9 City Council Meeting Minutes December 15, 1998 It was moved by Gonzales, seconded by McCormick, that Amendment Number Four to the Transmission Service Agreement Between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility located at the southwest corner of Vernon and Alcoa Avenue be approved. Motion carried. RESOLUTION NO. 7243 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment Number Four to the Transmission Service Agreement Between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility Located at the Southwest Corner of Vernon and Alcoa Avenues, was presented. (Deferred from City Council Meeting held December 8, 1998) It was moved by Ybarra, seconded Davis, that Resolution No. 7243 be approved and adopted. Motion carried. Consideration of Amendment Number Four to the transmission Service Agreement Between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility located at Downey Road at 50th Street as submitted by Kenneth J. DeDario, Director of Utilities, dated December 3, 1998. (Deferred from City Council Meeting held December 8, 1998) It was moved by McCormick, seconded by Gonzales, that the transmission Service Agreement Between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility located at Downey Road at 50th Street be approved. Motion carried. RESOLUTION NO. 7244 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment Number Four to the Transmission Service Agreement Between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility Located at Downey Road at 50th Street, was presented. (Deferred from City Council Meeting held December 8, 1998). It was moved by Ybarra, seconded by Davis, that Resolution No. 7244 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 10,1998, was presented advising that the Finance Committee, at their Special Meeting held December 7, 1998, approved changes in electrical rates, specifically the TOU-V and TOU-G rate schedules, and recommending that the following resolution be approved. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated December 10, 1998 be received and filed and the changes in electrical rates, specifically the TOU-V AND TOU-G rate schedules, be approved. Motion carried. RESOLUTION NO. 7248 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 7034 Which Provided for the Establishment of Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by Said City Within its Boundaries by Amending Rate Schedule TOU-V and TOU-G to Provide for Different Rates for Electrical Service During the Year, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7248 be approved and adopted. Motion carried. Page 5 of 9 City Council Meeting Minutes December 15, 1998 Consideration of a Consulting Services Agreement Between the City of Vernon and Henwood Energy Services, Inc. as submitted by Kenneth J. DeDario, Director of Utilities, dated December 10, 1998. Ken DeDario, Director of Utilities, addressed the City Council and briefly summarized the above matter. It was moved by Ybarra, seconded by Gonzales, that the Consulting Services Agreement Between the City of Vernon and Henwood Energy Services, Inc. as submitted by Kenneth J. DeDario, Director of Utilities, be received and filed and the Consulting Services Agreement approved. Motion carried. RESOLUTION NO. 7253 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and Henwood Energy Services, Inc. for the Development of a Resource Procurement Management Policy and Implementation Plan, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7253 be approved adopted. Motion carried. The City Clerk advised the Council that the following matter and Resolution No. 7255 should be deferred to the next City Council meeting. Motion carried. Consideration of a Brokering Agreement Between the City of Vernon and California Polar Power Brokers, LLC. as submitted by Kenneth J. DeDario, Director of Utilities, dated December 10, 1998. RESOLUTION NO. 7255 A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Brokering Agreement By and Between the City of Vernon and California Polar Power Brokers, LLC ("CALPOL") Providing for the Facilitation of Power Transactions on Behalf of the City of Vernon. It was moved by Davis, seconded by Ybarra, that the above consideration of a Brokering Agreement Between the City of Vernon and California Polar Power Brokers, LLC. as submitted by the Director of Utilities, dated December 10, 1998 and Resolution No. 7255 be deferred to the next City Council meeting. Motion carried. The City Clerk advised the Council that the following matter and Resolution No. 7254 be deferred to after Closed Session Personnel. Communication from Bruce V. Malkenhorst, Director of Finance, dated December .10, 1998 transmitting the Agenda for the Adjourned Finance Committee Meeting to be held December 14, 1998 for approval of the recommendations contained therein. RESOLUTION NO. 7254 - A Resolution of the City Council of the City of Vernon Adopting the ICMA Retirement Corporation Money Purchase Plan and Approving and Authorizing the Execution of the ICMA Retirement Trust Adoption Agreement and Administrative Services Agreement and Appointing the City Administrator to be the Coordinator of this Plan on Behalf of the City of Vernon. It was moved by Ybarra, seconded by Gonzales that the above communication from the Director of Finance dated December 10, 1998 and Resolution No. 7254 be deferred to after Closed Session Personnel. Motion carried. Page 6 of 9 City Council Meeting Minutes December 15, 1998 RESOLUTION NO. 7249 - A Resolution of the City Council of the City of Vernon Approving and Authorizing an Application for a Safe and Clean Water Grant from the Water Replenishment District of Southern California, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7249 be approved and adopted. Motion carried. RESOLUTION NO. 7251 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the City of Vernon and Herbert Leon Johnson, Jr. for Field Inspection Services on the City's Natural Gas System, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7251 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 10, 1998 was presented transmitting the Agenda for the Personnel Committee Meeting to be held December 14, 1998, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the December 14, 1998 Agenda for the Personnel Committee meeting be approved. Motion carried. The Mayor called a recess at 5:35 p.m. The Council reconvened in regular session at 5:40 p.m. all members present before the recess again being present. The City Attorney requested that the City Council add to the Agenda the following item, because it arose after the preparation and posting of the Agenda: 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (e) of Government Code 5 54956.9 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation: (One) potential case It was moved by Gonzales, seconded by Davis, that the City Attorney's recommendation to add Item No. 3 to the Agenda be approved. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session, Item Nos. 2 & 3, the time being 5:45 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Director of Community Services and Water, and the Secretary. 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 -ANTICIPATED LITIGATION (a) City of Vernon vs Central Basin, etc., Zastrow, et al. LASC No. BC 130693; Page 7 of 9 City Council Meeting Minutes December 15, 1998 (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 19079; (i) FERC Docket No. ER98-3594 (ISO); (j) CPUC Application No. 98-07-005 (k) FERC Docket No. ER98-3760 (ISO); (1) Unicare Insurance Co. Vs. CitV of Vernon, Case No. VCO26942 It was moved by McCormick, seconded by Ybarra, that the Committee go out of Closed Session, Item Nos. 2 & 3, the time being 5:48 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session, Item No. 1, the time being 5:48 p.m. Motion carried. The Director of Community Services and Water, the City Attorney, and the Secretary were excused at 5:48 p.m. All persons were excluded from Closed Session except the City Clerk. The Mayor ordered that all communications to and from the Closed Session be 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 It was moved by McCormick, seconded by Davis, that the Committee go out of Closed Session and resume regular session, the time being 5:49 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 10, 1998, was presented transmitting the Agenda for the Adjourned Finance Committee Meeting to be held December 14, 1998 for approval of the recommendations contained therein. Page 8 of 9 City Council Meeting Minutes December 15, 1998 It was moved by Gonzales, seconded by Davis, that the recommendations listed on the December 14, 1998 Agenda for the Adjourned Regular Finance Committee meeting be approved. Motion carried. RESOLUTION NO. 7254 - A Resolution of the City Council of the City of Vernon Adopting the ICMA Retirement Corporation Money Purchase Plan and Approving and Authorizing the Execution of the ICMA Retirement Trust Adoption Agreement and Administrative Services Agreement and Appointing the City Administrator to be the Coordinator of this Plan on Behalf of the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7254 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, that ,the City Attorney's recommendation to Intervene in FERC Docket No. ER98-3594 be approved. It was moved by Gonzales, seconded by Davis, that Thursday, December 24th and Thursday, December 31st be deemed additional holidays in observance of Christmas and New Years, for all miscellaneous personnel and non -emergency personnel as long as it does not have an adverse effect on the operations of the City. Motion carried. There being no further business to come before the Council at this time, it was moved McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk eonis C. Malb rg yor Page 9 of 9