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19991123 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 23, 1999 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE 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 November 2, 1999, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 18, 1999, was presented, advising that the below listed employees have qualified in the month of October 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 01-07-91 Chris Hanson Firefighter 3 Yrs. 01-07-91 Jason Haugen Firefighter 3 Yrs. 05-12-80 Joe Jimenez Systems Coordinator II 4 Yrs. 03-18-84 Michael DeFrank Engineering Aide 5 Yrs. 02-01-79 Sharon Johnson Budget Auditor 5 Yrs. 10-16-94 Armando Hinojos Systems Coordinator II 5 Yrs. 01-03-89 Robert Valenzuela Systems Coordinator I 5 Yrs. 06-26-89 Peter Gantes Firefighter 6 Yrs. 10-19-92 Abraham Alemu Associate Engineer 7 Yrs. 09-18-89 David Shea Fire Engineer 8 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. 02-01-70 Randy.Bohlander Fire Engineer 2 Yrs. 10-13-97 Richard Hill Police Officer 2 Yrs. 02-29-88 Jose Alvarez Utilityman III 3 Yrs. 11-16-87 Martha Parra Transciber/Typist 4 Yrs. 12-04-89 Deborah Medina Administrative 5 Yrs. Associate 01-01-67 Paul Zook Fire Engineer 5 Yrs. 08-11-80 Louie Saenz Utilityman II 9 Yrs. 10-01-87 Jerry Schreiber Sr. Electrical 12 Yrs. Inspector 06-03-74 Ron Anderson Foreman 18 Yrs. The Mayor called a short recess, the time being 5:03 p.m. Council reconvened at 5:07 p.m., all members present before the recess again being present. City Council Minutes November 23, 1999 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, was presented. (Deferred from the City Council Meeting held November 2, 1999). It was moved by Ybarra, seconded by Davis, that Resolution No. 7433 be approved and adopted. Motion carried. The City Clerk read the Resolution in its entirety, and it was duly signed by the Mayor and City Clerk and presented to David Brearley by the Mayor. Police Department Activity Log for the period November st th 1 thru 15 1999, was presented. It was moved b McCormick seconded b Davis that the Y Y Police Department Activity Log for the period November 1st thru 15th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period November lst thru 15th, 1999, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period November 1st thru 15th, 1999, be received and filed. Motion carried. Health Department Report for the month of October 1999, was presented. It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of October 1999, be received and filed. Motion carried. Risk Management Report for the month of October 1999, was presented. It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of October 1999, be received and filed. Motion carried. RESOLUTION NO. 7439 - A Resolution Of The City Council Of The City Of Vernon Reciting The Fact Of The Special Municipal Election Held On November 16, 1999, Declaring The Result Thereof And Such Other Matters As Provided By Law, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7439 be approved and adopted. 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. Communication from Bruce V. Malkenhorst, City Administrator, dated November 17, 1999, was presented, advising that Dynamic Builders, Inc. is the owner of three (3) adjoining parcels of land located at 3268, 3288, and 3300 Vernon Avenue in the City of Vernon. They have requested an adjustment of the boundary lines between the parcels. The boundary line adjustment Page 2 of 10 City Council Minutes November 23, 1999 will result in a total reconfiguration of the three parcels. This has been reviewed by the Director of Community Services and Water and the City Attorney, and it is hereby recommended that the requested lot line adjustment be granted. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk, dated November 17, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7438 - A Resolution Of The City Council Of The City Of Vernon Approving A Lot Line Adjustment Requested By Dynamic Builders, Inc., was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7438 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated November 17, 1999, was presented, trans- mitting a Utility Pole Lease Agreement with Nextlink California, Inc. to lease space for the installation and maintenance of tele- communication facilities on City owned and operated utility poles. The annual rental charge to Nextlink is $25.00 per pole and $12.50 per attachment to a City pole anchor. In addition, Nextlink will pay for all relevant engineering costs and all make-ready charges. The initial term of the lease is for 10 years. This has been reviewed by the Director of Utilities and the City Attorney, and it is hereby recommended that the agree- ment be approved, contingent upon all requirements therein being met, and the Mayor and City Clerk be authorized to execute same. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk, dated November 17, 1999, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 7451 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Utility Pole Lease Agreement By And Between Nextlink California, Inc. And The City Of Vernon For Installation Of Fiber Optic Lines On Certain City Utility Poles, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7451 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated November 17, 1999, was presented, transmitting a Wireline Crossing Agreement, by and between Union Pacific Railroad Company and the City of Vernon, and a Contractor's Right of Entry Agreement. These Agreements will permit the Utilities Department to cross the Union Pacific Railroad tracks west of Alcoa Avenue behind Lot 5 of the Alcoa Development Project. The Wireline Crossing Agreement requires a license fee of $4,105.00 and the Contractor's Right of Entry Agreement requires a permit fee of $500.00. This has been reviewed by the Director of Utilities and the City Attorney, and it is hereby recommended that the Wireline Crossing Agreement and, if necessary, the Contractor's Right of Entry Agreement be approved and the Mayor and City Clerk be authorized to execute the required Agreements. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk, dated November 17, 1999, be received and filed and the recommendation approved. Motion carried. Page 3 of 10 City Council Minutes November 23, 1999 RESOLUTION NO. 7449 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Wireline Crossing Agreement By And Between The City Of Vernon And Union Pacific Railroad Company For One Underground 7.2kv Wireline Crossing And Approving A Standard Form Contractor's Right Of Entry Agreement Required To Be Provided To The City's Contractor Pursuant To Said Wireline Crossing Agreement, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7449 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated November 17, 1999, was presented, advising that the Department of Environmental Health had previously requested to prepare a State Grant Application for Household Hazardous Waste/Used Oil Program Funding, which was subsequently approved by this Council on September 7, 1999. The application was submitted to the California Integrated Waste Management Board (CIWMB) on November 1, 1999 for the amount of $78,418. In addition, CIWMB also requires a City Council Resolution to be adopted and forwarded to the State. This has been reviewed by the Director of Environmental Health and City Attorney, and it is hereby recommended that City Council adopt and approve a Resolution authorizing the execution and submittal of a regional application to the CIWMB for a Household Hazardous Waste Grant. 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. 7450 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Regional Application To The California Integrated Waste Management Board For A Household Hazardous Waste Grant -Eighth Cycle, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7450 be approved and adopted. Motion carried. ORDINANCE NO. 1079 - An Ordinance Of The City Council Of The City Of Vernon To Permit The Use Of The Mailed Ballot On An Established Election Date And Declaring That Said Ordinance Shall Take Effect Immediately, was read by title by the City Clerk. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1079 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None RESOLUTION NO. 7440 - A Resolution Of The City Council Of The City Of Vernon, California, Calling And Giving Notice Of A General Municipal Election To Be Held On Tuesday, April 11, 2000, For The Election Of Certain Officers As Required By The Provisions Of The City Of Vernon Charter, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7440 be approved and adopted. Motion carried. RESOLUTION NO. 7441 - A Resolution Of The City Council Of The City Of Vernon, California, Requesting The Board Of Supervisors Of The County Of Los Angeles To Render Specified Page 4 of 10 City Council Minutes November 23, 1999 Services To The City Relating To The Conduct Of A General Municipal Election To Be Held On Tuesday, April 11, 2000, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7441 be approved and adopted. Motion carried. RESOLUTION NO. 7442 - A Resolution Of The City Council Of The City Of Vernon, California, Adopting Regulations For Candidates For Elective Office Pertaining To Candidates Statements Submitted To The Voters At An Election To Be Held On Tuesday, April 11, 2000, was presented. III It was moved by McCormick, seconded by Gonzales, that Resolution No. 7442 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 6, 1999, was presented, requesting authority and funds for Manuela (Nelly) Giron, Account Clerk, to attend the "What Matters Most" Seminar at Long Beach on December 17, 1999, with an expense allowance of $217.34. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Manuela (Nelly) Giron to attend the aforementioned seminar with an expense allowance of $217.34. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 1, 1999, was presented, requesting authority and funds for Fabiola Salceda, Personnel Clerk, to attend the complete Course on OSHA Records Keeping Seminar at Los Angeles on December 2nd 1999, with an expense allowance of $197.60. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Fabiola Salceda to attend the aforementioned seminar with an expense allowance of $197.60. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated November 10, 1999, was presented, requesting authority and funds for Jim Wilcox, Senior Environmental Health Specialist, to attend the Water Supply Cross -Connection Control & Hydraulic Research at Los Angeles on February 7th - 11th 2000, with an expense allowance of $717.50. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Jim Wilcox to attend the aforementioned seminar with an expense allowance of $717.50. Motion carried. Communication from Bruce Olson, Chief of Police, dated November 18, 1999, was presented, requesting authority to attend the California Police Chiefs Annual Conference at Monterey on February 14th - 17th 2000, with an expense allowance of $1094.88. It was moved by Davis, seconded by Ybarra, that authority and funds be granted for Bruce Olson to attend the aforementioned conference with an expense allowance of $1094.88. Motion carried. Page 5 of 10 City Council Minutes November 23, 1999 Communication from Dave Telford, Fire Chief, dated November 18, 1999, was presented, requesting authority and funds for the personnel listed below to attend the Critical Incident Stress Management Continuing Education at San Diego, on December 2nd and 3rd, 1999, with expense allowances of $454.90 and $275.00 respectively. • Brad Miller, Fire Engineer • Peter Gantes, Firefighter It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for the above listed personnel to attend the aforementioned seminar with an expense allowance of $454.90 and $275.00 respectively. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 18, 1999, was presented, transmitting the Minutes for the Finance Committee Meeting held November 9, 1999, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed in the Minutes of the Finance Committee Meeting held November 9, 1999, be approved. Motion carried. RESOLUTION NO. 7443 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Sale Of Surplus Property From The Community Services Department (Vernon City Hall Addition And Remodel Project), Pursuant To Section 2.31 Of The Vernon City Code, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7443 be approved and adopted. Motion carried. RESOLUTION NO. 7444 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Sale Of Surplus Property From The Police Department Pursuant To Section 2.31 Of The Vernon City Code, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7444 be approved and adopted. Motion carried. RESOLUTION NO. 7445 - A Resolution Of The City Council Of The City Of Vernon Amending Resolution No. 7359 By Amending Page 5 Of Schedule II, Exhibit "B" Of Said Resolution Which Fixed The Compensation For Certain Employees Of Said City And Authorized Certain Expense Allowances, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7445 be approved and adopted. Motion carried. RESOLUTION NO. 7446 - A Resolution Of The City Council Of The City Of Vernon Directing The Purchasing Agent To Enter Into Negotiations With Saulsbury Fire Rescue, Inc. For The Purchase Of One Urban Search And Rescue Vehicle Pursuant To Section 2.29-3 Of The Vernon City Code, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7446 be approved and adopted. Motion carried. RESOLUTION NO. 7447 - A Resolution Of The City Council Of The City Of Vernon Directing The Purchasing Agent To Enter Into Negotiations With Quindar Products Ltd. For The Purchase Of Replacement Remote Terminal Units At Various Electric And Water Sites To Complete The Upgrade Of The Scada System Pursuant To Section 2.29-3 Of The Vernon City Code, was presented. Page 6 of 10 City Council Minutes November 23, 1999 It was moved by Ybarra, seconded by McCormick, that Resolution No. 7447 be approved and adopted. Motion carried. RESOLUTION NO. 7448 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of 95 Overhead Distribution Transformers To Replenish Stock For Electrical Service Construction, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7448 be approved and adopted. Motion carried. RESOLUTION NO. 7452 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Purchase Of A 2000 Chevrolet Malibu For The Utilities Department By Joining On The State Of California, Department Of General Services, Procurement Division's Awarded Vehicle Contract No. 01-00-23-10-01, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7452 be approved and adopted. Motion carried. RESOLUTION NO. 7453 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Purchase Of A 2000 Ford Crown Victoria Police Sedan By Joining Onto Los Angeles County Bid No. 200205 Awarded To Wondries Ford, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7453 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 18, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held November 22, 1999, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held November 22, 1999, be approved. Motion carried. WARRANT REGISTER NO. 1029 covering claims and demands presented during the period of October 29th, thru November 18th, 1999, drawn on Wells Fargo Bank totaling $1,371,474.39, and includes check Nos. 74849 thru 75128 (inclusive); excluding Utility claims and demands, and voided checks as listed below (accounting period November, 1999), was examined and audited. 74910 74938 74940 74942 74991 74913 74939 74941 74943 75060 It was moved by Davis, seconded by McCormick, that Warrant Register No. 1029 be approved and payment authorized for claims and demands totaling $1,371,474.39, excluding Utility claims and demands, and voided checks as listed above. Motion carried. WARRANT REGISTER NO. 1029 covering Utility claims and demands presented during the period of October 29th, thru November 18th, 1999, drawn on Wells Fargo Bank totaling $2,489,636.92, and includes check Nos. as listed below: (accounting period November, 1999), was examined and audited. 74851 74901 74933 75011 75078 74859 74909 74936 75013 75084 74862 74917 74955 75024 75086 Page 7 of 10 City Council Minutes November 23, 1999 74866 74918 74964 75026 75088 74870 74919 74966 75036 75093 74888 74920 74979 75038 75096 74889 74921 74984 75054 75087 74891 74925 74986 75057 75098 74893 74926 74992 75061 75116 74896 74928 74994 75068 75125 74900 74929 75000 75072 75126 It was moved Ybarra, seconded by Gonzales, that Warrant Register No. 1029 be approved and payment authorized for Utility claims and demands totaling $2,489,636.92. 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. 521 covering claims and demands presented during the period of September 12th, thru October 9th, 1999, drawn on Wells Fargo Bank totaling $1,663,760.59, which includes check Nos. 6418 thru 6454 (inclusive), (accounting period October, 1999). It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 521 covering claims and demands presented during the period of September 12ththru October 9th, 1999, drawn on Wells Fargo Bank totaling $1,663,760.59. Motion carried. The City Clerk advised that the following item should be deferred to after closed session later this date. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 18, 1999, transmitting a communication from Jan Chatten-Brown of Chatten-Brown and Associates concerning Measure A of the November 16, 1999 Special Municipal Election. The Mayor called a recess at 5:50 p.m. The Council reconvened in regular session at 5:53 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that Council go into closed session on Item No. 1, the time being 5:53 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, City Attorney, Chief Deputy City Clerk, Chief of Police, and Police Captain. 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 5:54 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 5:55 p.m. Motion carried. Page 8 of 10 City Council Minutes November 23, 1999 It was moved by Davis, seconded by Gonzales, that the City Council go into closed session pertaining to Item Nos. 2, 3, & 4, the time being 5:55 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, City Attorney and the Chief Deputy City Clerk. 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) 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, EC96-19-00 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 No. 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 Rivera, et al. V. City of Vernon, USDC No. CV 99-02923 CM (RZx); (k) Casmalia Disposal Site, Santa Barbara County, California, U.S. EPA Docket No. 99-02; (1) Myong Kye Pak v. Utility Boring, Inc., City of Vernon, et al.; HPMC 99C00831; (m) Utility Boring v. City of Vernon, et al, Norwalk Superior Court No. VC 029477; 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIM Claimant: Al's Plastics Agency Claimed Against: City of Vernon Page 9 of 10 City Council Minutes 4. With respect to discussed in closed session Government Code § 54956.9. November 23, 1999 every item of business to be pursuant to subdivision(c) of CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case. It was moved by McCormick, seconded by Gonzales, that the City Council go out of closed session pertaining to Item Nos. 2, 3, & 4 and resume regular session, the time being 6:01 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 18, 1999, was presented, transmitting a communication from Jan Chatten-Brown of Chatten-Brown and Associates concerning Measure A of the November 16, 1999 Special Municipal Election. It was moved by Gonzales, seconded by Ybarra, that the letter from Jan Chatten-Brown, dated November 15, 1999, be received and filed. Motion carried. Communication from Eduardo Olivo, City Attorney, dated November 23, 1999, was presented, addressing the issues raised in the November 18, 1999 communication from Jan Chatten-Brown of Chatten-Brown and Associates concerning Measure A of the November 16, 1999 Special Municipal Election. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Attorney, dated November 23, 1999, be received and filed. Motion carried. It was moved by Davis, seconded by Ybarra, that the City Attorney be authorized, pursuant to California Civil Code of Procedure § 860 et seg., to file a tax validation action in the Superior Court of the County of Los Angeles to validate City of Vernon Ordinance No. 1076, which was adopted by the voters of the City of Vernon as certified by the City Council of the City of Vernon in Resolution No. 7439, adopted on November 23, 1999. Motion carried. It was moved by Ybarra, seconded by Davis, that the Police Officer be disciplined as recommended by the Chief of Police. Motion carried. It was moved by Gonzales, seconded by McCormick, that the claim for Al's Plastic be rejected. 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. eo is C. Mal urg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 10 of 10