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19991005 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 5, 1999 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, McCormick MEMBERS ABSENT: Malburg (Excused), Davis (Excused) 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 September 21, 1999 be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present Service Pins. The Mayor Pro Tem presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council. Jeffrey Graves Firefighter 10 Years Dean Richens Fire Engineer 10 Years David Shea Fire Engineer 10 Years Victor Modesto Utilityman II 5 Years Robert Combe Firefighter 5 Years Paul Johnson Firefighter 5 Years David Koltvet Firefighter 5 Years Michael Langer Firefighter 5 Years Anthony Hinojos Utilityman IV 5 Years The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department head. Gregory Bringhurst Firefighter 10 Years William Foltz Fire Engineer 10 Years Daniel Kimes Fire Captain 10 Years Michael Roche, Fire Captain 10 Years Francisco Tostado Fire Engineer 10 Years Jason McEachran Firefighter 5 Years Lawrence Muno Firefighter 5 Years Jeffrey Neely Firefighter 5 Years Kurt Smith Fire Engineer 5 Years The Mayor Pro Tem called a short recess, the time being 5:06 p.m. Council reconvened at 5:08 p.m., all members present before the recess again being present. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1999, was presented, advising that the below listed employees have qualified 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 03-16-63 James Dunn Fire Captain 2 Years 09-18-89 William Foltz Fire Engineer 2 Years City Council Minutes October 5, 1999 The aforementioned employees were unable to attend the meeting and their awards were accepted by their respective department head. Police Department Activity Log for the period September 16th thru 30th, 1999, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period September 16th thru 30th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period September 16th thru 30th, 1999, was presented. It was moved by McCormick, seconded by Gonzales that the Fire Department Activity Report for the period September 16th thru 30th, 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 Pro Tem 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 Kevin Wilson, Director of Community Services & Water, dated September 28, 1999, was presented, transmitting a fully executed Easement Deed from Vernon Partners Limited Partnership. The deed is for a portion of property located mid block between Soto Street and Sierra Pine Avenue at 3211 26th Street, consisting of approximately 4,000 square feet. The properties will be used for utility purposes, and it is hereby recommended that the Easement Deed be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. It was moved by Gonzales, seconded by McCormick, that the communication from the Director of Community Services & Water dated September 28, 1999 be received and filed and the recommendations approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1999, was presented, advising that on August 18, 1999 the Purchasing section sought formal bids for Bid No. 1385 for one backup power generation set as requested by the Community Services Department. The below listed bids were received and opened September 16, 1999 and were presented to this legislative body on September 21, 1999. Duthie Power $54,493.00 Valley Detroit Diesel Allison 57,808.75 Western Power Industrial Electrical 62,400.71 Power Systems Associates 77,896.70 The bids have been reviewed and approved by the Purchasing Department, and it is hereby recommended that Bid Number 1385 be accepted and authority be granted to issue a purchase order to Duthie Power and execute an Equipment Purchase Contract on the basis of their bid of $54,493.00. Page 2 of 9 City Council Minutes It was moved by the communication from the received and filed and the carried. October 5, 1999 McCormick, seconded by Gonzales, that City Clerk dated September 30, 1999 be recommendation approved. Motion RESOLUTION NO. 7420 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Duthie Power Services on Bid No. 1385 for the Purchase of a Generator and Transfer Switch for the Community Services and Water Department for Well 18 on 51st Street and Approving and Authorizing the Execution of an Equipment Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7420 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1999, was presented, advising the Finance Committee, approved at their meeting held September 14, 1999, entering into an agreement with WTL Trading, for services on various Risk Management matters for the Utilities Department. We have now been advised that the agreement should be with Thomas J. Langan, an individual doing business as WTL Trading. This Agreement has been reviewed by the City Attorney, and it is hereby recommended that the Consulting Agreement be approved. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated September 30, 1999 be received and filed, and the recommendation approved. Motion carried. RESOLUTION NO. 7421 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and Thomas J. Langan, an Individual Doing Business as WTL Trading, for Risk Management Services and Assistance in the Implementation of the City's Resource Procurement Plan & Credit Risk Management Policy, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7421 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1999, was presented, advising the Finance Committee approved, at their meeting held September 14, 1999, to retain the services from Ionics Ultrapure Water Corporation for an additional 12 month lease period for purified water for the operation and maintenance of the turbine generators. This lease has been reviewed by the City Attorney, and it is hereby recommended that the lease be approved for 12 month lease period. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated September 30, 1999 be received and filed, and the recommendation approved. Motion carried. RESOLUTION NO. 7422 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Lease By and Between the City of Vernon and Ionics Ultrapure Water Corp. Providing for Purified Water for the Operation and Maintenance of the Turbine Generators, was presented. Page 3 of 9 City Council Minutes October 5, 1999 It was moved by Gonzales,.seconded by McCormick, that Resolution No. 7422 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 14, 1999, was presented, requesting authority and funds for Detective Michael Docherty to attend the California Narcotics Officers Association Annual Training at Sacramento on November 13th thru 16th, 1999 with an expense allowance of $1,031.10. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Detective Michael Docherty to attend the aforementioned training with an expense allowance of $1,031.10. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 21, 1999, was presented, requesting authority and funds for Detective Donald Vanover to attend the Western States Auto Theft Annual Training Seminar at Monterey on November 8th & 9th, 1999 with an expense allowance of $422.99. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Detective Donald Vanover to attend the aforementioned Seminar with an expense allowance of $422.99. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 24, 1999, was presented, requesting authority and funds for Vivian Henriquez, Records Clerk, to attend the Records Basic Course at El Monte on November 1st thru 5th, 1999 with an expense allowance of $117.70 of which $77.70 will be reimbursed by POST. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Vivian Henriquez to attend the aforementioned course with an expense allowance of $117.70. Motion carried. Communication from Dave Telford, Fire Chief, dated September 22, 1999, was presented, requesting authority and funds for Chris Hanson, Firefighter, to attend the Confined Space Rescue CS-11-99 at North Net Fire Training, Anaheim on November 15th thru 19th, 1999 with an expense allowance of $325.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Chris Hanson to attend the aforementioned training with an expense allowance of $325.00. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 20, 1999, was presented, requesting authority and funds for Bill Wilson, Code Enforcement Inspector, to attend the Uniform Fire Code Academy at Embassy Suites, Covina on October 25th thru 29th, 1999 with an expense allowance of $632.50. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Bill Wilson to attend the aforementioned academy with an expense allowance of $632.50. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 22, 1999, was presented, requesting authority and funds for Andrew Thompson, Utilityman II, to attend the Pest Management Seminar at Arcadia on October 6, 1999 with an expense allowance of $83.75. Page 4 of 9 City Council Minutes October 5, 1999 It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Andrew Thompson to attend the aforementioned seminar with an expense allowance of $83.75. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 23, 1999, was presented, requesting authority and funds for Peter Pirnejad, Planning Assistant, to attend the GIS Executive Management Forum Workshop at the University of California in Riverside on November 13, 1999 with an expense allowance of $177.25. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Peter Pirnejad to attend the aforementioned workshop with an expense allowance of $177.25. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 29, 1999, was presented, requesting authority and funds for Andrew Thompson, Utilityman II, to attend the Pesticide Applicator Seminar at Lakewood on November 4, 1999 with an expense allowance of $54.25. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Andrew Thompson to attend the aforementioned seminar with an expense allowance of $54.25. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 29, 1999, was presented, requesting authority and funds for Andrew Thompson, Utilityman II, to attend the Pesticide Applicator Seminar at Burbank on December 8, 1999 with an expense allowance of $52.50. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Andrew Thompson to attend the aforementioned seminar with an expense allowance of $52.50. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated September 30, 1999, was presented, requesting authority and funds for Dan Downing, Chief Deputy Director of Environmental Health, to attend the Vector Control Training at Target's 27th Annual Fall Seminar and Exhibit at the Ontario Convention Center, Ontario on November 2, 1999 with an expense allowance of $117.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Dan Downing to attend the aforementioned seminar with an expense allowance of $117.00. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated September 30, 1999, was presented, requesting authority and funds for Glenn Burdick, Electronics Technician, to attend the Electrical Safety Requirements and Procedures - NTT, Inc. Seminar at Los Angeles on October 20th & 21st, 1999 with an expense allowance of $741.00. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Glenn Burdick to attend the aforementioned seminar with an expense allowance of $741.00. Motion carried. Page 5 of 9 City Council Minutes October 5, 1999 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 30, 1999, was presented, requesting authority and funds for himself to attend the California Public Employers Labor Relations Association Conference at Monterey, California on November 10th thru 12th, 1999 with an expense allowance of $1450.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Bruce V. Malkenhorst to attend the aforementioned conference with an expense allowance of $1450.00. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 30, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 4, 1999, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the Agenda for the Personnel Committee meeting held October 4, 1999, be approved. Motion carried. WARRANT REGISTER NO. 1026 covering claims and demands presented during the period of September 17th, thru September 30, 1999, drawn on Wells Fargo Bank totaling $298,846.79, which includes demand Nos. 74181 thru 74384 (inclusive), excluding Utility demands and Void demands as listed below (accounting period October, 1999), was examined and audited. 74184 74233 74255 74195 74234 74256 74224 74250 74257 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1026 be approved and payment authorized for claims and demands totaling $298,846.79, excluding Utility demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1026 covering claims and demands presented during the period of September 17th, thru September 30, 1999, drawn on Wells Fargo Bank totaling $5,818,234.27, which includes Utility demand Nos. as listed below: (accounting period October, 1999), was examined and audited. 74185 74203 74242 74299 74355 74186 74214 74243 74305 74358 74187 74216 74244 74307 74361 74189 74217 74246 74317 74365 74190 74220 74253 74322 74373 74193 74221 74259 74327 74375 74198 74222 74263 74328 74376 74199 74223 74270 74329 74378 74200 74229 74279 74334 74384 74201 74230 74281 74339 74202 74237 74296 74341 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 1026 be approved and payment authorized for Utility claims and demands totaling $5,818,234.27. Motion carried. The Mayor Pro Tem called a recess at 5:22 p.m. Page 6 of 9 City Council Minutes October 5, 1999 The Council reconvened in regular session at 5:25 p.m., all members present before the recess again being present. The Assistant City Attorney advised the Council that, on late Thursday afternoon, a matter came up regarding the Alameda Corridor Transportation Authority violating the August 5, 1998 Memorandum of Understanding. This matter came up after the completion and posting of the City Council Agenda; therefore, it was not placed on the agenda. At this time, it is necessary to discuss this matter, and I am hereby requesting that action be taken to place this on the agenda in closed session pursuant to Government Code § 54956.9 (c). The purpose of this is to allow you to discuss this with legal counsel as a potential litigation item. It was moved Gonzales, seconded by McCormick to place the aforementioned item on the agenda under Closed Session, Item Number 2 (m). Motion carried. It was moved by McCormick, seconded by Gonzales, that Council go into closed session on Item No. 1, the time being 5:26 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, Director of Community Services & Water, Police Captain, Police Lieutenant, Assistant City Attorney, and the Chief Deputy City Clerk. 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 Police Captain and Police Lieutenant were excused at 5:29 p.m. The Director of Community Services & Water was excused at 5:30 p.m. It was moved by Gonzales, seconded by McCormick, that the City Council go out of closed session pertaining to Item No. 1, the time being 5:30 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Council go into closed session pertaining to Item Nos. 2 & 3, the time being 5:31 p.m. Motion carried. All persons were excluded from closed session except the Chief Deputy City Clerk, Assistant City Attorney, and the City Clerk. Mayor Pro Tem ordered all communications to and from the closed session deemed privileged and confidential. Page 7 of 9 City Council Minutes October 5, 1999 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code § 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. OA96-76, OA97-602, OA97- 604, ER96-222; (Open access); (d) FERC Docket Nos. ER97-2355, EC96-19-00 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; (f) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (g) FERC Docket No. ER98-3594 (ISO); (h) CPUC Application No. 98-07-005; (i) FERC Docket No. ER98-3760 (ISO) (j) David Venegas, et al. V. City of Vernon, LASC No. LASC No. BC 207136; (k) Joe Lawrence Rivera, et al. V. City of Vernon, USDC No. CV 99-02923 CM (RZx); (1) Casmalia Disposal Site, Santa Barbara County, California, U.S. EPA Docket No. 99-02; (m) City of Vernon vs. Alameda Corridor Transportation Authority 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIM Claimant: PACIFIC BELL Agency Claimed Against: CITY OF VERNON It was moved by McCormick, seconded by Gonzales, that the City Council go out of closed session pertaining to Item Nos. 2 & 3 and resume regular session, the time being 5:37 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Chief of Police's discipline of the Police Officer be ratified. Motion carried. Page 8 of 9 City Council Minutes October 5, 1999 It was moved by Gonzales, seconded by McCormick, that the claim from Pacific Bell be approved in the amount of $258.19 and accept the executed Release of all Claims. Motion carried. It was moved by McCormick, seconded by Gonzales, to accept the resignation of the Utilityman Ray Arias. Motion carried. 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. Thomas A. Yba a Mayor Pro Te ATTEST: Bruce V. Malkenhorst City Clerk Page 9 of 9 NOTICE OF ADJOURNMENT Notice is hereby given that by order of the City Council of the City of Vernon, the October 5, 1999 City Concil meeting was adjourned to October 12, 1999 at 5:00 p.m., in the City Council Chambers of the City Hall located at 4305 Santa Fe Avenue, Vernon, California. ate ief Deput City Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Gloria J. Orosco, declare as follows: That I am the Chief Deputy City Clerk of the City of Vernon, and that the regular meeting of the City Council of the City of Vernon held October 5, 1999, was adjourned to October 12, 1999, and that a copy of said notice (as set forth above) was posted at a conspicuous place near the door of the room at which said meeting is to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Executed on l/ �, at Vernon, California. 1 1 &/.f-cv hief 'Deputy ty Clerk