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19991019 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 19, 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. The City Clerk announced that the Minutes of the City Council meetings held October 5th and 14th, 1999, should be deferred to the next City Council Meeting. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council meetings held October 5th and 14tn, 1999 be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1999, was presented, advising that the below listed employees have qualified in the month of September 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 07-14-81 Richard Stoykovich Utilityman I 2 Yrs. 07-23-90 Sharon Capper Customer Service 3 Yrs. Representative 11-02-92 Thomas Egan Firefighter 4 Yrs. 01-07-91 Anthony Rotell Firefighter 4 Yrs. 09-12-94 David Koltvet Firefighter 5 Yrs. 09-12-94 Jeffrey Neely Firefighter 5 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. 05-19-91 Gerardo Farias 05-16-88 David Moore 09-18-95 Daniel Santos 09-12-94 Robert Combe 09-18-94 Anthony Hinojos 09-12-94 Paul Johnson 09-12-94 Michael Langer 09-12-94 Jason McEachran 01-08-84 Roy Ness 09-12-94 Kurt Smith 02-01-65 Gary Dressen 01-06-86 Lewis Pozzebon 08-17-87 Michael Busch 06-29-87 Michael Gillman 02-01-70 James Smith 07-01-79 Charla Duncan Utilityman IV 3 Yrs. Fire Captain 3 Yrs. .Police Officer 4 Yrs. Firefighter 5 Yrs. Utilityman IV 5 Yrs. Firefighter 5 Yrs. Firefighter 5 Yrs. Firefighter 5 Yrs. Utilityman II 5 Yrs. Fire Engineer 5 Yrs. Fire Captain 6 Yrs. Director of 6 Yrs. Environmental Health Fire Captain 8 Yrs. Lieutenant 8 Yrs. Battalion Chief 9 Yrs. Secretary 16 Yrs. City Council Minutes October 19, 1999 The Mayor called a short recess, the time being 5:05 p.m. Council reconvened at 5:07 p.m., all members present before the recess again being present. Police Department Activity Log for the period October 1st thru 15th, 1999, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period October 1st thru 15th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period October 1s' thru 15t', 1999, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period October 1st thru 15th, 1999, be received and filed. Motion carried. Health Department Report for the month of September, 1999, was presented. It was moved by McCormick, seconded by Davis, that the Health Department Report for the month of September, 1999, be received and filed. Motion carried. Risk Management Report for the month of September, 1999, was presented. It was moved by Ybarra, seconded by Gonzales, that the Risk Management Report for the month of September, 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 in the audience who wished to address the City Council at this time. ORDINANCE NO. 1077 - An Ordinance of the City Council of the City of Vernon Establishing a Date for Certification of the Results of the Canvass of the November 16, 1999, Special Municipal Election; and Declaring that Said Ordinance Shall take Effect Immediately, was read by title by the City Clerk. It was moved Ybarra, seconded by Gonzales, that Ordinance No. 1077 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Page 2 of 9 City Council Minutes October 19, 1999 RESOLUTION NO. 7424 - A Resolution of the City Council of the City of Vernon, California Ordering the Canvass of the Special Municipal Election to be held on Tuesday, November 16, 1999, be made by the City Clerk, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7424 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1999, was presented, advising that the enclosed Speed Zone Survey was performed by the Community Services Department throughout the City and it has been determined that certain speed limits should be changed and the Code of the City of Vernon should be changed to affect those changes. It is hereby ebY recomm ended ed th at the Speed Zone Survey be appro ved. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk, dated October 14, 1999, be received and filed and the recommendation approved. Motion carried. ORDINANCE NO. 1078 - An Ordinance of the City Council of the City of Vernon Amending Sections 16.14, 16.15 and 16.16 of the Code of the City of Vernon, California, 1959, to Change Speed Limits on Certain Streets and to Repeal all Ordinances or Parts of Ordinances in Conflict Herewith was read by title by the City Clerk for a first reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1078 be approved for a first reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1999, was presented, transmitting the Water Right License and Agreement with Southern California Edison Company for the rights to 350 acre-feet of water. The cost of this water is $210.00 per acre-foot or $73,500.00 total. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. It was moved communication from the received and filed and carried. by Davis, seconded by Ybarra, that the City Clerk, dated October 14, 1999, be the recommendation approved. Motion RESOLUTION NO. 7423 - 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 Southern California Edison Company, Which Grants the City of Vernon a License to Extract 350 Acre -Feet of the Allowed Pumping Allocation of Southern California Edison Company for the Period July 1, 1999 through June 30, 2000, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7423 be approved and adopted. Motion carried. Page 3 of 9 City Council Minutes October 19, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1999, was presented, advising that the City is required by State Law to establish a policy regarding hate crimes. This policy has been prepared by the City of Vernon Police Department and has been reviewed by the City Attorney, and it is hereby recommended that the Hate Crimes Policy be approved and adopted. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Clerk be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7430 - A Resolution of the City Council of the City of Vernon Adopting a Vernon Police Department Hate Crime Policy, was presented. It was moved by McCormick, seconded Gonzales, that Resolution No. 7430 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1999, was presented, advising that an Amendment to the Agreement between the City of Vernon and County of Los Angeles is required by the County for their providing Justice Data Interface Controller system (JDIC) service to our police department. This Amendment has been reviewed by the Chief of Police and the City Attorney and it is hereby recommended that Amendment Number 2 to Agreement Number 30577 be approved. It was moved by Davis, seconded by McCormick, that the communication from the City Clerk dated October 14, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7431 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 2 to Agreement No. 30577 By and Between the City of Vernon and the County of Los Angeles for Participation by the Vernon Police Department in the Justice Data Interface Controller System, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7431 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 14, 1999, was presented, transmitting the Minutes for the Finance Committee Meeting held October 12, 1999, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the October 12, 1999 Minutes of the Finance Committee Meeting be approved. Motion carried. RESOLUTION NO. 7426 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: Community Services (Warehouse), Fire, Police, and Utilities, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7426 be approved and adopted. Motion carried. Page 4 of 9 City Council Minutes October 19, 1999 RESOLUTION NO. 7427 - A Resolution of the City Council of the City of -Vernon Accepting the Bid of Cal Protection Inc., on Bid No. 1386 for the Purchase and Installation of One (1) FM- 200 Fire Protection System for the Community Services and Water Department 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 Davis, that Resolution No. 7427 be approved and adopted. Motion carried. RESOLUTION NO. 7428 - A Resolution of the City Council of the City of Vernon Directing the Purchasing Agent to Enter into Negotiations with Accurate Telecom, Inc. for the Installation and Testing of the Telecommunications System for the Annexation and Remodeling Project at City Hall Pursuant to Section 2.29-3 of the Vernon City Code, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7428 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 14, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 18, 1999, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the October 18, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. The City Clerk announced that the following matter should be removed from the Agenda. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 14, 1999, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held October 19, 1999, for the approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Finance dated October 14, 1999, be removed from the agenda and no further action be taken. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 16, 1999, was presented, requesting authority and funds for the personnel listed below to attend the AutoCAD 2000 Level 2 Course at Los Angeles on November 22nd & 23rd, 1999, with an expense allowance of $395.00 each. • Fred Amiri Engineering Assistant • Mike DeFrank Engineering Assistant • Art Cervantes Engineering Assistant • Brian Adel Senior Civil Engineer It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for the personnel listed above to attend the aforementioned course with an expense allowance of $395.00 each. Motion carried. Page 5 of 9 City Council Minutes Communication from Dave September 22, 1999, was presented, for the personnel listed below to Tech 1 Class SW-11-99 at the North Anaheim on November 22nd thru 24th, allowance of $160.00 each. October 19, 1999 Telford, Fire Chief, dated requesting authority and funds attend the Swift Water Rescue Net Fire Training Center, 1999, with an expense • Kevin Millikan Firefighter • Rory Moore Engineer • Dave Moore Captain It was moved by Davis, seconded by McCormick, that j authority and funds be granted for the Fire Personnel listed above to attend the aforementioned rescue class with an expense allowance of $160.00 each. Motion carried. Communication from Dave Telford, Fire Chief, dated October 13, 1999, was presented, requesting authority and funds for Firefighters Dan Armellini and Craig Peltier to attend the Northern & Sputhern California Training Officers Fall Symposium at Fresno on November 7th thru 10th, 1999, with an expense allowance of $413.00 and $701.84 respectively. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Firefighters Dan Armellini and Craig Peltier to attend the aforementioned symposium with an expense allowance of $413.00 and $701.84 respectively. Motion carried. Communication from Dave Telford, Fire Chief, dated October 13, 1999, was presented, requesting authority and funds for Captain Steve Ruffoni to attend the Swift Water Rescue Tech 1 Class at North Net Fire Training Center, Anaheim on November 22nd thru 24, 1999, with an expense allowance of $160.00. It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Captain Steve Ruffoni to attend the aforementioned class with an expense allowance of $160.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 28, 1999, was presented, requesting authority and funds for Gregory Lynch, Dispatcher, to attend the Public Safety Basic Dispatcher Course at E1 Monte on November 29th to December 17th, 1999, with an expense allowance of $313.10 of which $233.10 will be reimbursed by POST. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Dispatcher Gregory Lynch to attend the aforementioned course with an expense allowance of $313.10. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 29, 1999, was presented, requesting authority and funds for Daniel Santos, Police Officer, to attend the D.A.R.E. Officer Training at Van Nuys on November 8th thru 19th, 1999, with an expense allowance of $1153.24 of which $984.64 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Officer Daniel Santos to attend the aforementioned training with an expense allowance of $1,153.24. Motion carried. Page 6 of 9 City Council Minutes October 19, 1999 Communication from Bruce Olson, Chief of Police, dated October 5, 1999, was presented, requesting authority and funds for Alfred Jaime, Detective Sergeant, to attend the LASO Homicide Investigator's School at Downey on October llth thru October 22, 1999, with an expense allowance of $492.40 of which the full amount will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Alfred Jaime, Detective Sergeant, to attend the aforementioned school with an expense allowance of $492.40. Motion carried. WARRANT REGISTER NO. 1027 covering claims and demands presented during the period of October 1st thru October 14th, 1999, drawn on Wells Fargo Bank totaling $1,629,656.32, which includes demand Nos. 74385 thru 74603 (inclusive), excluding Utility demands and Void demands as listed below (accounting period October, 1999), was examined and audited. 74387 74448 74452 74455 74402 74450 74453 74456 74405 74451 74454 74493 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 1027 be approved and payment authorized for claims and demands totaling $1,629,656.32, excluding Utility demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1027 covering claims and demands presented during the period of October 1st thru October 14th, 1999, drawn on Wells Fargo Bank totaling $1,097,031.35 which includes Utility demand Nos. as listed below (accounting period October, 1999), was examined and audited. 74386 74459 74500 74559 74577 74396 74468 74504 74561 74596 74407 74476 74514 74562 74600 74421 74478 74523 74567 74603 74422 74479 74527 74568 74431 74481 74532 74570 74439 74484 74533 74571 74442 74487 74535 74572 74445 74494 74536 74574 74449 74495 74550 74575 74457 74498 74557 74576 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1027 be approved and payment authorized for Utility claims and demands totaling $1,097,031.35. 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. 520 covering claims and demands presented during the period of August 15th thru September llth, 1999, drawn on Wells Fargo Bank totaling $1,680,185.01 which includes demand Nos. 6381 thru 6417 (inclusive) (accounting period September, 1999), was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 520 covering claims and demands presented during the period of August 15th thru September 11th, 1999, drawn on Wells Fargo Bank totaling $1,680,185.01. Motion carried. Page 7 of 9 City Council Minutes October 19, 1999 RESOLUTION NO. 7425 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 7359 by (1) Amending Subsections (a) and (c) of Section 18; (2) Deleting Subsection (f) of Section 27; (3) Amending 'Section 4 of Schedule I, Exhibit "A," Page a-2; and (4) Amending Schedule II, Exhibit "B," Page 15 of said Resolution which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7425 be approved and adopted. Motion carried. RESOLUTION NO. 7432 - A Resolution of the City Council of the City of Vernon Appointing Eduardo O1'ivo to Serve as the City Attorney of the City of Vernon as of November 1, 1999, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7432 be approved and adopted. Motion carried. The Mayor called a recess at 5:50p.m. The Council reconvened in regular session at 5:57 p.m., all members present before the recess again being present. The City Clerk advised 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 It was moved by Ybarra, seconded by Gonzales, that Council go into closed session on Item No. 2, the time being 5:57 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, Chief Deputy City Clerk, and the Assistant City Attorney. 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. 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); Page 8 of 9 City Council Minutes October 19, 1999 (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. 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) Myong Kye Pak v. Utility Boring, Inc., City of Vernon, et al.; HPMC 99C00831; (n) Utility Boring v. City of Vernon, et al, Norwalk Superior Court No. VC 029477 It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session pertaining to Item No. 2 and resume regular session, the time being 6:00 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the revised Administrative Order and 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), a copy of which has been presented to the City Council is hereby approved, and (i) that the Mayor is hereby authorized to execute the Consent and Authorization on behalf of the City of Vernon, (ii) that the City Clerk is hereby ordered to remit payment in the sum of $68,196 and submit the original executed Consent and Authorization together with the Payment Invoiced to the U.S. Environmental Protection Agency pursuant to said Agency's Settlement Instructions not later than 5:00 p.m. PST on December 6, 1999, and (iii) that the City Clerk is hereby ordered to receive and file said Administrative Order and Consent. 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. ATTEST: Bruce V. Malkenhorst City Clerk L(eonis C. Malburg Mayor Page 9 of 9