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19990921 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 21, 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 Gonzales, that the Minutes of the City Council Meeting held September 7, 1999 be II approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated September 15, 1999, was presented, advising that the below listed employees have qualified in the month of August 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 Employee Award 09-18-89 Gregory Bringhurst Firefighter 3 Yrs. 09-06-87 Andrew Thompson Utilityman 4 Yrs. 09-01-78 Robert Kipness Foreman 6 Yrs. 08-27-84 William Wilson Code Enforcement 7 Yrs. Inspector 05-27-84 Manuel Garcia Systems Manager 13 Yrs. 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. 04-24-95 08-11-97 08-19-96 08-23-93 06-18-90 5:05 p.m. Malcolm Herrington Roberto Sousa Vito Gaxiola Ana Bedoy Benjamin Potter Senior Dispatcher 2 Yrs. Police Officer 2 Yrs. Police Officer 3 Yrs. Police Dispatcher 6 Yrs. Vernon Service 7 Yrs. Officer The Mayor called a short recess, the time being Council reconvened at 5:07 p.m., all members present before the recess again being present. Police Department Activity Log for the period September 1st thru 15 th, 1999, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period September 1st thru 15th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period September 1st thru 15th, 1999, was presented. It was moved by Ybarra, seconded by Davis that the Fire Department Activity Report for the period September 1st thru 15th, 1999, be received and filed. Motion carried. City Council Minutes September 21, 1999 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. Communication from Bruce V. Malkenhorst, City Clerk, dated August 31, 1999, was presented, advising that the i Governor's Office of Emergency Services (OES) is proposing to contract with Certified Unified Program Agencies (CUPAs) in order to conduct on -site visits of businesses in the State to reduce the risk of Y2K related hazardous material releases. OES has allotted almost $22,000 to our Health Department as Vernon's CUPA to work with approximately 80 Vernon businesses which have been identified as potential Y2K risk sites. This has been reviewed by the Director of Environmental Health and the City Attorney and it is hereby recommended that the agreement with the State of California Office of Emergency Services be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated August 31, 1999 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7410 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Standard Agreement By and Between the City of Vernon and the Governor's Office of Emergency Services Relating to the Environmental Health Department of the City of Vernon, as a Certified Unified Program Agency, Working with Potential Y2K Risk Sites, was presented. It was moved McCormick, seconded by Davis, that Resolution No. 7410 be approved and adopted. Motion carried. RESOLUTION NO. 7412 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Understanding By and Between the City of Vernon and the California Highway Patrol ("CHP") Regarding CHP Handling of Traffic Collisions in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7412 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1999, was presented, advising that the Utilities Department requested the purchase of seven "intelligent multiplexers" which was approved by City Council during the meeting held August 3, 1999 through Resolution No. 7390. A Purchase Contract has been prepared by the City Attorney's office, and it is hereby recommended that the Equipment Purchase Contract with RFL Electronics, Inc. for seven multiplexers be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated September 16, 1999 be received and filed and the recommendation approved. Motion carried. Page 2 of 9 City Council Minutes September 21, 1999 RESOLUTION NO. 7413 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and RFL Electronics, Inc. for Seven (7) Multiplexers, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7413 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1999, was presented, advising that the Community Services Department is requesting to renew the In -Lieu Replenishment Agreement with the Water Replenishment District of Southern California for the period July 1, 1999 thru June 30, 2000, and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to execute said agreement. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated September 16, 1999 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7419 - 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 Basin: July 1, 1999-June 30, 2000) By and Between the City of Vernon and the Water Replenishment District of Southern California, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7419 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 16, 1999, was presented, transmitting the Minutes of the Finance Committee Meeting held September 14, 1999, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations listed in the Minutes of the Finance Committee Meeting held September 14, 1999, be approved. Motion carried. RESOLUTION NO. 7416 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B," Pages 4 and 14 of Resolution No. 7359, Which Fixed the Compensation for Certain of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7416 be approved and adopted. Motion carried. RESOLUTION NO. 7418 - 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 Sergio R. Valenzuela for the Preparation of a Study Relating to the City's Management Information Services, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7418 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel dated September 15, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 20, 1999, for the approval of the recommendations contained therein. Page 3 of 9 City Council Minutes September 21, 1999 It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the Agenda for the Personnel Committee Meeting held September 20, 1999, be approved. Motion carried. Consideration as submitted by Kenneth DeDario, Director of Utilities, of a Natural Gas Sales Agreement Between TXU Energy Services, Inc. and the City of Vernon for gas supply for the turbines. RESOLUTION NO. 7417 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Natural Gas Sales Agreement By and Between the City of Vernon and TXU Energy Services, Inc., was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7417 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 2, 1999, was presented, requesting authority and funds for Ben Potter, Vernon Service Officer, to attend the Property Management Course at Santa Rosa on October 25t' thru 27th, 1999 with an expense allowance of $561.13 of which $617.20 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Ben Potter to attend the aforementioned course with an expense allowance of $561.13. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 7, 1999, was presented, requesting authority and funds for Dispatchers Ana Bedoy and Daveau Haugen, to attend the Public Safety Dispatcher in Emergency Management at Glendale on October 12th thru 14th, 1999 with an expense allowance of $273.72 each and of which $267.72 each will be reimbursed by POST. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Dispatchers Ana Bedoy and Daveau Haugen to attend the aforementioned Seminar with an expense allowance of $273.72 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 7, 1999, was presented, requesting authority and funds for Detective Michael Docherty, to attend the Tactical Shotgun Instructor Course at San Bernardino on October 18th thru 21st, 1999 with an expense allowance of $423.00 of which $415.00 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Detective Michael Docherty to attend the aforementioned course with an expense allowance of $423.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, was presented, dated September 14, 1999 requesting authority and funds for Elizabeth Quaranta, Environmental Health Specialist, to attend the California Environmental Health Association Conference at Palm Springs on October 1, 1999 with an expense allowance of $147.50. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Elizabeth Quaranta to attend the aforementioned conference with an expense allowance of $147.50. Motion carried. Page 4 of 9 City Council Minutes September 21, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1999, was presented, advising that the Customer Service Division of the Utilities Department is in need of replacing their automatic mailer which enables the department to process its utility bills in a more expeditious and economical manner. Their present equipment is over seven years old, unreliable, and irreparable, and it is hereby recommended that an automatic mailer for the Utilities Department, Customer Service Division, be purchased at an approximate cost of $18,700. This item is budgeted and funds are available. It was moved by Gonzales, seconded by Ybarra, that the communication dated September 16, 1999 be received and filed and the recommendation approved. Motion carried. The results of the bids received and opened September 16, 1999 at 2PM, were presented, in accordance with Bid No. 1385 for a Back Up Power Generation System for the Water Department, as listed below and it is hereby recommended that they be referred to the Director of Community Services & Water: Duthie Power Services $54,493.00 Valley Detroit Diesel Allison 57,808.75 Western Power Industrial 62,400.71 Electrical, Inc. Power Systems Associates 77,896.70 It was moved by McCormick, seconded by Gonzales, that the results of the bids listed above, be received and filed and the recommendation approved. Motion carried. WARRANT REGISTER NO. 1025 covering claims and demands presented during the period of September 3rd thru September 16t'', 1999, drawn on Wells Fargo Bank totaling $687,703.04, which includes demand Nos. 74014 thru 74180 (inclusive), excluding Utility demands and Void demands as listed below (accounting period September, 1999), was examined and audited. 74024 74053 74068 74071 74101 74051 74054 74069 74072 74108 74052 74064 74070 74073 74126 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1025 be approved and payment authorized for claims and demands totaling $687,703.04, excluding Utility demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1025 covering claims and demands presented during the period of September 3rd thru September 16th, 1999, drawn on Wells Fargo Bank totaling $889,364.62, which includes Utility demand Nos. as listed below (accounting period September, 1999), was examined and audited. 74017 74047 74097 74132 74026 74050 74102 74144 74029 74059 74105 74147 74030 74062 74109 74162 74031 74076 74116 74164 74032 74084 74124 74172 74042 74091 74127 74173 74044 74093 74130 74178 It was moved by Warrant Register No. 1025 Utility claims and demands McCormick, seconded by be approved and payment totaling $889,364.62. Gonzales, that authorized for Motion carried. Page 5 of 9 City Council Minutes September 21, 1999 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. 519 covering claims and demands presented during the period of July 18th thru August 14th, 1999, drawn on Wells Fargo Bank totaling $1,627,156.68 which includes demand Nos. 6340 thru 6380 (inclusive) (accounting period August, 1999), was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 519 covering claims and demands presented j during the period of July 18th thru August 14th, 1999 drawn on Wells Fargo Bank totaling $1,627,156.68. Motion carried. RESOLUTION NO. 7414 - A Resolution of the City Council of h i he Transfer the City of Vernon Approving in n Authorizing 1 t ov and ut ) y PP g g Payment of of Funds to the Redevelopment 'n F n 2 the a e Revolving Fund; ( ) ym Monies in the Redevelopment Revolving Fund to the Redevelopment Agency of the City of Vernon; and (3) the Execution of Redevelopment Revolving Fund Loan No. 5 Agreement Between the City of Vernon and the Redevelopment Agency of the City of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7414 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1999, was presented, advising that Fortune Fashions Inc. (FFI) has purchased the property at 4700 Boyle Avenue in the City of Vernon. The Redevelopment Agency is proposing to provide FFI with a credit up to 30% of the electrical bill and in return they agree to purchase electricity from the City for the next seven years. The City has prepared a Staff Report which has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that the Electrical Service.Credit Agreement be approved. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Clerk be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7415 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electrical Service Credit Agreement By and Between the City of Vernon, the Redevelopment Agency of the City of Vernon and Fortune Fashions, Inc., was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7415 be approved and adopted. Motion carried. The Mayor called a recess at 5:28 p.m. The Council reconvened in regular session at 5:48 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Ybarra, that Council go into closed session on Item No. 1, the time being 5:29 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, Assistant City Attorney, Chief Deputy City Clerk, Chief of Police, and Police Captain. Page 6 of 9 City Council Minutes September 21, 1999 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 Chief of Police and Police Captain were excused at 5:51 p.m. It was moved by Davis, seconded by Gonzales, that the City Council go out of closed session pertaining to Item No. 1, the time being 5:51 p.m. Motion carried. The City Clerk advised there were no issues for 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 -ANTICIPATED LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (b) FERC Docket Nos. OA96-76, OA97-602, OA97-604, ER96-222,(open access); (c) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-1633 and EL96-48 (Restructuring) (d) CPUC Application No. 96-10-038 (SDG&E/SoCalGas, Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES);FERC Docket EC97-12-000; (e) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (f) FERC Docket No. ER98-3594 (ISO); (g) CPUC Application No. 98-07-005; (h) FERC Docket No. ER98-3760 (ISO); (i) David Venegas, et al. V. City of Vernon, LASC No. BC 207136; (j) Joe Lawrence River, et al. V. City of Vernon, USDC No. CV99-02923 CM (RZx); (k) Casmalia Disposal Site, Santa Barbara County, California, U.S. EPA Docket No. 99-02; It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session pertaining to Item No. 3, the time being 5:52 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, Assistant City Attorney, and the Chief Deputy City Clerk. Mayor ordered all communications to and from the closed session deemed privileged and confidential. Page 7 of 9 City Council Minutes September 21, 1999 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIMS Claimant: SHELL OIL COMPANY, for itself and for SHELL CHEMICAL COMPANY, on behalf of themselves and other potentially responsible parties for the CAL COMPACT SITE Agency claimed against: CITY OF VERNON Claimant: PRUDENTIAL OVERALL SUPPLY, for itself and other potentially responsible parties for the CAL COMPACT SITE Agency claimed against: CITY OF VERNON It was moved by Davis, seconded by Davis, that the City Council go out of Closed Session pertaining to Item No. 3 and resume Regular Session, the time being 5:55 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Police Officer be disciplined as recommended by the Chief of Police. Motion carried. It was moved by Gonzales, seconded by Davis, that the claim of Shell Oil Company be denied. Motion carried. It was moved by McCormick, seconded by Ybarra, that the claim of Prudential Overall Supply be denied. Motion carried. Councilman Gonzales asked about the Mayor's abstention on his votes for Resolutions during the Redevelopment Agency meeting and asked if he should have also abstained on the City Council Resolutions pertaining to the same subject matter. The Assistant City Attorney responded that "Yes, even though it is after the fact at this time, he should have abstained on the related City Council Resolution." The Mayor advised that he now recognizes that he should have abstained on Resolution No. 7414, the matter pertaining to FFI, and Resolution No. 7415; and at this time, he would like to go on record as abstaining on each matter. RESOLUTION NO. 7414 - A Resolution of the City Council of the City of Vernon Approving and Authorizing (1) the Transfer of Funds to the Redevelopment Revolving Fund; (2) the Payment of Monies in the Redevelopment Revolving Fund to the Redevelopment Agency of the City of Vernon; and (3) the Execution of Redevelopment Revolving Fund Loan No. 5 Agreement Between the City of Vernon and the Redevelopment Agency of the City of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7414 be approved and adopted. Motion carried. The Mayor abstained from voting. Page 8 of 9 City Council Minutes September 21, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1999, was presented, advising that Fortune Fashions Inc. (FFI) has purchased the property at 4700 Boyle Avenue in the City of Vernon. The Redevelopment Agency is proposing to provide FFI with a credit up to 30% of the electrical bill and in return they agree to purchase electricity from the City for the next seven years. The City has prepared a Staff Report which has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that the Electrical Service Credit Agreement be approved. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Clerk be received and filed and the recommendation approved. Motion carried. The Mayor abstained from voting. RESOLUTION NO. 7415 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electrical Service Credit Agreement By and Between the City of Vernon, the Redevelopment Agency of the City of Vernon and Fortune Fashions, Inc., was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7415 be approved and adopted. Motion carried. The Mayor abstained from voting. 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. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk Leonis C. Malb rg Mayor Page 9 of 9