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19991102 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 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 October 5, 1999, be approved as submitted and adopted. (Deferred from City Council meeting held October 19 199 9) M ca rried. arried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the City Council Meeting held October 14, 1999 be approved as submitted and adopted. (Deferred from City Council meeting held October 19, 1999) Motion carried. It was moved by Davis, seconded by Ybarra, that the Minutes of the City Council Meeting held October 19, 1999 be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present Service Pins. The Mayor presented a Five Year Service Pin to Armando Hinojos, Systems Coordinator II, and extended congratulations on behalf of the entire City Council. Jason Bogosian, Police Officer, was unable to attend the meeting and his Five Year Service Pin was accepted by the Chief of Police. The Mayor called a short recess, the time being 5:04 p.m. Council reconvened at 5:05 p.m., all members present before the recess again being present. The City Clerk advised that the following Resolution should be deferred to the next City Council meeting. RESOLUTION NO. 7433 - A Resolution of the City Council of the City of Vernon Commending David B. Brearley for His Many Years of Service to the City of Vernon. It was moved by Gonzales, seconded by Davis, that Resolution No. 7433 be deferred to the next City Council meeting. Motion carried. Police Department Activity Log for the period October 16th thru 315t, 1999, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period October 16th thru 315t, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period October 16th thru 315t, 1999, was presented. City Council Minutes November 2, 1999 It was moved by McCormick, seconded by Gonzales that the Fire Department Activity Report for the period October 16th thru 31st, 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. RESOLUTION NO. 7434 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7434 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider the issuance and sale by California Statewide Communities Development Authority (CSCDA) of its Equipment Purchase Program Notes or Notes (Fisherman's Pride Processors, Inc. project). It was moved by Davis, seconded by McCormick, to open the PUBLIC HEARING to consider the issuance and sale by California Statewide Communities Development Authority (CSCDA) of its Equipment Purchase Program Notes or Notes (Fisherman's Pride Processors, Inc. project), the time being 5:07 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water addressed the City Council and briefly summarized the Staff Report. Lawrence Tonamora, Representative for California Statewide Communities Development Authority, spoke briefly about the organization. Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1999, was presented, advising that the City has received a request from the California Statewide Community Development Authority (CSCDA) to become a member of the CSCDA. The CSCDA offers several benefits to local governments and private entities, however does not mandate any action by the City other than holding the Public Hearing. Fisherman's Pride Processors, Inc. has applied for $1,750,000 through the CSCDA. The funds will be used to purchase equipment to assist in the processing of their seafood products. Located at 4510 S. Alameda, Fisherman's Pride employs approximately 250 employees and this project will result in additional 45 jobs. Submitted herewith as evidence are the following supporting documents: 1) Staff Report 2) Notice of Public Hearing 3) Affidavit of Posting of Notice of Public Hearing and Proof of Publication. Page 2 of 9 City Council Minutes November 2, 1999 Also submitted herewith are the following documents for Council approval: 1) Joint Exercise of Power Agreement 2) Resolution Approving and Executing Joint Exercise of Power Agreement 3) A Completed Application and Eligibility Worksheet 4) Resolution by CSCDA Approving Financing to Fund from Proceeds of Indebtedness This has been reviewed by the Director of Community Services and Water and the City Attorney, and it is hereby recommended that City Council approve the issuance of Notes by CSCDA for Fisherman's Pride Processors, Inc. The Mayor asked if there was anyone in the audience who had any questions. There was no one in the audience wishing to address this matter. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing, the time being 5:12 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk, dated October 27, 1999, and all supporting documents, be received and filed as evidence and his recommendation be approved. Motion carried. RESOLUTION NO. 7436 - A Resolution of the City Council of the City of Vernon Approving the Issuance of Equipment Only Purchase Program Notes for Fisherman's Pride Processors, Inc. by the California Statewide Communities Development Authority, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7436 be approved and adopted. Motion carried. Communication from S. Kevin Wilson, Director of Community Services and Water, dated October 26, 1999, was presented, advising that Contract No. 548 for street sweeping services, with Nationwide Environmental Services, expires December 31, 1999. The contract provides for extension by mutual agreement under the Section Contract Extension of the Special Provisions. Nationwide Environmental Services has indicated that they would like to continue under the present contract. Under the Compensation Section of the Special Provisions they are eligible for a Consumer Price Index (CPI) increase in the contract. This would be 75% of the CPI as published January 2000. The present CPI is 2.3%. This would be an increase of the present monthly contract of $93.50 for a monthly total of approximately $5,593.50. It is hereby recommended that the contract be extended to December 31, 2000. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services and Water, dated October 26, 1999, be received and filed and the recommendation approved. Motion carried. Page 3 of 9 City Council Minutes November 2, 1999 RESOLUTION NO. 7435 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a One -Year Extension of Contract No. 548 (January 1, 2000 - December 31, 2000) By and Between the City of Vernon and Joe's Sweeping, Inc., dba Nationwide Environmental Services, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7435 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 26, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held November 1, 1999, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the Agenda for the Personnel Committee meeting held November 1, 1999, be 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 for a second and final reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1078 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None Communication from Bruce Olson, Chief of Police, dated September 3, 1999, was presented, requesting authority and funds for James Rodino, Lieutenant, to attend the Polygraph Work Conference at Downey on December 6th - 10th, 1999, with an expense allowance of $1,079.06. It was moved by McCormick, seconded by Ybarra, that authority and funds be granted for Lieutenant James Rodino to attend the aforementioned conference with an expense allowance of $1,079.06. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated October 26, 1999, was presented, requesting authority and funds for Carol Childers, CAD Technician, to attend the AutoCAD 2000 Level 2 Course C222 at Los Angeles on November 22na and 23ra, 1999, with an expense allowance of $395.00. It was moved by Davis, seconded by Gonzales, that authority and funds be granted for Carol Childers to attend the aforementioned course with an expense allowance of $395.00. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated October 26, 1999, was presented, requesting authority and funds for Eva De La Rosa, Energy Management Representative, to attend the Northern California Power Association (NCPA) Key Accounts Group Workshop at Santa Clara on November 18th and 19th, 1999, with an expense allowance of $439.30. Page 4_of 9 City Council Minutes It was moved authority and funds be aforementioned workshop Motion carried. November 2, 1999 by McCormick, seconded by Ybarra, that granted for Eva De La Rosa to attend the with an expense allowance of $439.50. Communication from Lewis Pozzebon, Director of Environmental Health, dated October 26, 1999, was presented, requesting authority and funds for Leonard Grossberg, Environmental Health Specialist, to attend the Commercial Reduction & Recycling Audits Workshop at Los Angeles on November 1st, 1999, with an expense allowance of $35.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Leonard Grossberg to attend the aforementioned workshop with an expense allowance of $35.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 28, 1999, was presented, requesting authority and funds for Christopher Romero, Administrative Aide, to attend the Community Development Block Grant Program Training Workshop at San Diego on November 1st& 2nd, 1999, with an expense allowance of $390.00. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Christopher Romero to attend the aforementioned workshop with an expense allowance of $390.00. Motion carried. Communication from Dave Telford, Fire Chief, dated October 28, 1999, was presented, requesting authority and funds for the personnel listed below to attend the Hazardous Material Training Chemistry Refresher at the Corona Fire Training Center, on November 15th thru 18th, 1999, with an expense allowance of $210.00 each. • Doug Barker, Firefighter • Tom Egan, Engineer • Robert Combe, Captain It was moved by McCormick, seconded by Ybarra, that authority and funds be granted for the fire personnel listed above to attend the aforementioned training with an expense allowance of $210.00 each. Motion carried. WARRANT REGISTER NO. 1028 covering claims and demands presented during the period of October 15th, thru October 28th, 1999, drawn on Wells Fargo Bank totaling $1,241,697.35, which includes demand Nos. 74604 thru 74848 (inclusive), excluding Utility demands and Void demands as listed below (accounting period November, 1999), was examined and audited. 74617 74639 74650 74676 74677 74678 74679 74680 74729 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1028 be approved and payment authorized for claims and demands totaling $1,241,697.35, excluding Utility demands and Void demands as listed above. Motion carried. Page 5 of 9 City Council Minutes November 2, 1999 WARRANT REGISTER NO. 1028 covering claims and demands presented during the period of October 15th, thru October 28th, 1999, drawn on Wells Fargo Bank totaling $4,577,115.38, which includes Utility demand Nos. as listed below: (accounting period November, 1999), was examined and audited. 74605 74607 74609 74614 74623 74624 74625 74627 74628 74630 74631 74633 74634 74637 74649 74651 74657 74661 74666 74675 74682 74692 74712 74717 74730 74732 74750 74757 74777 74779 74800 74820 74822 74833 74834 74836 74840 74843 74846 74847 74848 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1028 be approved and payment authorized for Utility claims and demands totaling $4,577,115.38. 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. The City Clerk advised that the following two matters be deferred to after closed session later this date. Consideration of retaining the Law Firm of Nielsen, Merksamer, Parinello, and Naylor in relation to the Bandini/710 Project. RESOLUTION NO. 7437 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement Letter Agreement By and Between the City of Vernon and Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP. It was moved by McCormick, seconded by Gonzales, that the Consideration of retaining the Law Firm of Nielsen, Merksamer, Parinello, and Naylor in relation to the Bandini/710 Project and Resolution No. 7437 be deferred to after closed session later this date. Motion carried. The Mayor called a recess at 5:47 p.m. The Council reconvened in regular session at 5:50 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session, Item No. 1, the time being 5:50 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, City Attorney, Chief Deputy City Clerk, Director of Community Services & Water, Chief of Police, and Fire Chief. The 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 Page 6 of 9 City Council Minutes November 2, 1999 Councilman Davis was excused at 5:51 p.m. The Chief of Police was excused at 6:02 p.m. Councilman Davis returned to the Council at 6:03 p.m. The Fire Chief was excused at 6:06 p.m. The Utilityman III came before the City Council at 6:07 p.m. The Utilityman III was excused at 6:12 p.m. The next Utilityman III came before the City Council at 6:12 p.m. The Utilityman III was excused at 6:20 P.M. The Utilityman II came before the City Council at 6:20 p.m. The Utilityman II was excused at 6:28 P.M. It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session pertaining to Item No. 1, the time being 6:28 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session, Item Nos. 2 & 3, the time being 6:28 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, Chief Deputy City Clerk, City Attorney, and the Director of Community Services and Water. 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. 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); Page 7 of 9 City Council Minutes November 2, 1999 (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; (o) Foster v. City of Napa, AO84652 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIM Claimant: Justin Realty Partners (John T. Malloy, Inc.) Agency Claimed Against: City of Vernon The Director of Community Services and Water was excused at 6:35 p.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session pertaining to Item Nos. 2 & 3 and resume regular session, the time being 5:39 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the termination of the Police Dispatcher be approved as recommended by the Chief of Police. Motion carried. Councilman Davis abstained from voting. It was moved by McCormick, seconded by Davis, that the disciplinary action for the Fire Captain be approved as recommended by the Fire Chief. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the disciplinary action for the Utilityman III be approved as recommended by the Director of Community Services & Water. Motion carried. It was moved by Davis, seconded by McCormick, that the disciplinary action for the second Utilityman III be approved as recommended by the Director of Community Services & Water. Motion carried. It was moved by Ybarra, seconded by Davis, that the disciplinary action for the Utilityman II be approved as recommended by the Director of Community Services & Water. Motion carried. Page 8 of 9 City Council Minutes November 2, 1999 Consideration of retaining the Law Firm of Nielsen, Merksamer, Parinello, and Naylor in relation to the Bandini/710 Project. RESOLUTION NO. 7437 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement Letter Agreement By and Between the City of Vernon and Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7437 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, that the claim for Justin Realty Partners be rejected. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. Leonis C. malikirg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 9 of 9