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19990302 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 2, 1999 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 City Council Meeting held February 16, 1999 be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period February 16th thru 28th, 1999, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period February 16th thru 28th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period February 16th thru 28th, 1999, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period February 16th thru 28th, 1999, 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. The following bids were received and opened February 24, 1999, in accordance to Contract No. 549, Construction of City Hall Addition: R. P. Wages Inc. $6,416,155.00 Mall Craft Inc. 5,577,000.00 AR Willinger, Co., Inc. 5,216,567.00 DKS Contracting & Engineering, Inc. 5,459,850.00 Amelco Construction 5,176,000.00 B & P Group Inc. - dba BMP Group 5,191,000.00 The bids have been referred to the Department of Community Services & Water for further review. Communication from Kevin Wilson, Director of Community Services & Water, dated February 24, 1999, was presented transmitting for your consideration, Contract No. 547, Vernon Gas Distribution System, Phase IV, and recommending that the contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Davis, that Contract No. 547, Vernon Gas Distribution System, Phase IV, be approved and authority be granted to advertise for bids. Motion carried. City Council Minutes March 2, 1999 RESOLUTION NO. 7279 - A Resolution of the City Council of the City of Vernon Approving Contract No. 547 of the City of Vernon for Vernon Gas Distribution System, Phase IV and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7279 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated February 24, 1999, was presented transmitting for your consideration, Contract No. 550, Vernon Gas Distribution System, Phase V, and recommending that the contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Davis, that Contract No. 550, Vernon Gas Distribution System, Phase V, be approved and authority be granted to advertise for bids. Motion carried. RESOLUTION NO. 7280 - A Resolution of the City Council of the City of Vernon Approving Contract No. 550 of the City of Vernon for Vernon Gas Distribution System, Phase V and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7280 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 9, 1999, was presented, requesting authority and funds for Police Officer Inez Aragon to attend the D.A.R.E. In - Service Training Seminar at Sacramento on April 7th to 9th, 1999 with an expense allowance of $512.40 of which 566.24 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Police Officer Inez Aragon to attend the aforementioned training with an expense allowance of $512.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 9, 1999, was presented, requesting authority and funds for Elizabeth Sawickis, Records Manager to attend the Public Records Act Seminar at Ontario on March 24th and 25th, 1999 with an expense allowance of $210.80 of which $206.80 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Elizabeth Sawickis, Records Manager, to attend the aforementioned seminar with an expense allowance of $210.80. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health dated February 16, 1999, was presented, requesting authority and funds for Chief Deputy Director Dan Downing to attend the Contaminated Soils & Water Conference at Oxnard on March 8th to 11th, 1999 with an expense allowance of $411.80. It was moved Davis, seconded by Ybarra, that authority and funds be granted for Chief Deputy Director Dan Downing to attend the aforementioned Conference with an expense allowance of $411.80. Motion carried. Page 2 of 7 City Council Minutes March 2, 1999 Communication from Lewis Pozzebon, Director of Environmental Health dated February 17, 1999, was presented, requesting authority and funds for Elizabeth Quaranta, Environmental Health Specialist to attend the CEHA-48th Annual Educational Symposium at San Diego on April 14th to 16th, 1999 with an expense allowance of $585.10. It was moved by Gonzales, seconded by Davis, that authority and funds be granted for Elizabeth Quaranta, Environmental Health Specialist to attend the aforementioned Conference with an expense allowance of $585.10. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated February 18, 1999, was presented, requesting authority and funds for himself, and Councilman William Davis to attend the California Municipal Utilities Association (CMUA) 67th Annual Conference at Palm Springs on March 23rd to 26th, 1999 with an expense allowance of $1072.00 each. It was moved by McCormick, seconded by Ybarra, that authority and funds be granted for Bruce Malkenhorst, City Clerk, and Councilman William Davis to attend the aforementioned Conference with an expense allowance of $1072 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated February 18, 1999, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, Councilmen William Davis and Hilario Gonzales to attend the CMTA Annual Conference at Brea on April 20th to 23rd, 1999 with an expense allowance of $818.50 each. It was moved Davis, seconded by Ybarra, that authority and funds be granted for the above mentioned personnel to attend the aforementioned Conference with an expense allowance of $818.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated February 18, 1999, was presented, requesting authority and funds for Sharon Johnson, Deputy City Treasurer to attend the CMTA 1999 Pre -Conference and Conference at Brea on April 19th to 23rd, 1999 with an expense allowance of $887.50. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Sharon Johnson, Deputy City Treasurer to attend the aforementioned Conferences with an expense allowance of $887.50. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water dated February 22, 1999, was presented, requesting authority and funds for Andrew Thompson, Utilityman II to attend the OSHA 10 Hour Construction Safety Course at Covina on March 23rd & 24th, 1999 with an expense allowance of $255.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Andrew Thompson, Utilityman II, to attend the aforementioned Safety Course with an expense allowance of $255.00. Motion carried. Page 3 of 7 City Council Minutes March 2, 1999 Communication from Bruce V. Malkenhorst, City Clerk dated February 25, 1999, was presented advising that due to the recent restructuring and the partial deregulation of the electric industry in California, certain demands and criteria by the Independent System Operator (ISO) required immediate attention. In order to enable the City, as a Municipal Utility, to participate in the ISO, to function in the newly created electrical generation market, and to satisfy certain deadlines, the Utilities Department advised of the urgency to have an ISO Application and various ISO Agreements and Amendments to said Agreements executed. At this time, it is hereby recommended that the execution of the ISO Application and the various ISO Agreements and Amendments to said Agreements be ratified. It was moved by Gonzales, seconded by Davis, that the communication be received and filed, and the execution of the ISO Application and the various ISO Agreements and Amendments to said Agreements be ratified. Motion carried. RESOLUTION NO. 7278 - A Resolution of the City Council of the City of Vernon Approving and Ratifying (1) The Independent System Operator Corporation ("ISO") Scheduling Coordinator Application; (2) The ISO Scheduling Coordinator Agreement; (3) The ISO Meter Service Agreement for Scheduling Coordinators; (4) Amendments to the ISO Scheduling Coordinator Agreement; (5) Amendments to the Meter Service Agreement for Scheduling Coordinators and (6) The ISO System Security Policies and Procedures Agreement, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7278 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 25, 1999, was presented transmitting the Minutes of the Adjourned Regular Finance Committee meeting held February 23, 1999 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that recommendations listed on the February 23, 1999 Minutes of the Finance Committee meeting, be approved. Motion carried. RESOLUTION NO. 7285 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: Community Services, City Administrator/City Clerk (Finance), Fire, and Police, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7285 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 25, 1999, was presented transmitting the Agenda for the Personnel Committee Meeting to be held March 2, 1999, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations listed on the March 2, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. Page 4 of 7 City Council Minutes March 2, 1999 WARRANT REGISTER NO. 1010 covering claims and demands presented during the period of February 12, 1999 thru February 25, 1999, drawn on Wells Fargo Bank totaling $463,501.44, which includes demand nos. 70889 thru 71078 (inclusive), excluding Utility Demands and void Demands as listed below (accounting period March, 1999), was examined and audited. 70911 70919 70951 70958 70959 70960 70961 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1010 by approved and payment authorized for claims and demands totaling $463,501.44, excluding Utility Demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1010 covering claims and demands presented during the period of February 12, 1999 thru February 25, 1999, drawn on Wells Fargo Bank totaling $230,745.62, which includes Utility Demand Nos. as listed below (accounting period March, 1999), was examined and audited. 70891 70929 70965 71027 71067 70898 70931 70970 71031 71068 70899 70934 70977 71032 71076 70901 70936 70986 71037 71077 70904 70938 70992 71038 70909 70941 70996 71047 70912 70946 71007 71049 70915 70949 71008 71053 70922 70952 71010 71060 70926 70957 71014 71063 70927 70963 71015 71066 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 1010 be approved and payment authorized for Utility Claims and Demands totaling $230,745.62. 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. Communication from Bruce V. Malkenhorst, City Clerk dated February 25, 1999, was presented advising the City presently has a License Agreement with Southern California Edison Company that allows Vernon to use a portion of property at Laguna Bell Substation in the City of Commerce for Vernon's SCADA remote terminal unit (RTU) for an annual fee of $250.00. This Agreement will expire on March 31, 1999. A new agreement has been submitted to us by Southern California Edison and will require an annual fee of $300.00 and proper insurance coverage. The Agreement has been reviewed by the Director of Utilities and the City Attorney's office 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 Ybarra, seconded by Gonzales, 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. 7281 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a License Agreement By and Between the City of Vernon and Southern California Edison Company for the Use of Land At the Laguna Bell Substation, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7281 be approved and adopted. Motion carried. Page 5 of 7 City Council Minutes March 2, 1999 The City Clerk announced that Resolution Nos. 7282 and 7283 should be deferred and no further action taken until after the next Finance Committee Meeting (March 15, 1999). RESOLUTION NO. 7282 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to the City Attorney Employment Agreement Establishing Compensation for David B. Brearley as City Attorney. RESOLUTION NO. 7283 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Consulting Services By and Among the City of Vernon, The Redevelopment Agency of the City of Vernon and Ivanhoe Energy Services & Development, Inc. It was moved by Ybarra, seconded by Davis, that Resolution Nos. 7282 and 7283 be deferred and no further action taken at this time. Motion carried. The Mayor called a recess at 5:31 p.m. The Council reconvened in Regular Session at 5:36 p.m., all members present before the recess again being present. The City Clerk advised that there were no issues for Closed Session, Item No. 1. 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. Public Employee Appointment 1) City Attorney It was moved by Ybarra, seconded by Gonzales, that Council go into Closed Session on Item Nos. 2 & 3, the time being 5:37 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, and the City Attorney. 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; (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- 1633 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; Page 6 of 7 City Council Minutes March 2, 1999 (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) FERC Docket No. ER98-3594 (ISO); (i) CPUC Application No. 98-07-005; (j) FERC Docket No. ER98-3760 (ISO); (k) Unicare Insurance Co. vs. City of Vernon, Case No. VCO26942; (1) Don Green v. City of Vernon, WC No. VNO 0332300; (m) Mark Moen v. City of Vernon, WCAB MON 0198685; MON 0204641; 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (b) of Government Code § 54956.9 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to, litigation: One (1) potential case. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume Regular Session, the time being 5:50 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the Administrative Order on Consent --De Minimis Contributors in the action entitled IN THE MATTER OF: Casmalia Disposal Site, Santa Barbara County, California, U.S. EPA Docket No. 99-02, a copy of which has been presented to the City Council, is hereby approved, and (i) that the Mayor and City Clerk are hereby authorized to execute the Consent and Authorization set forth on page 32 of the Administrative Order on Consent on behalf of the City of Vernon, (ii) that the City Clerk is hereby ordered to remit payment in the sum of $103,946 and submit the original executed Consent and Authorization together with the Payment Invoice to the U.S. Environmental Protection Agency pursuant to said Agency's Settlement Instructions not later than 5:00 p.m. PST on April 9, 1999, and (iii) that the City Clerk is hereby ordered to receive and file said Administrative Order on Consent. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk ,Gc Leonis C. Mal urg Mayor Page 7 of 7