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20001017 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 17, 2000 AT AT 5:OO P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, MEMBERS ABSENT: Davis 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 October 3, 2000 be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2000, 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 08/17/87 Robert Faldetta Lieutenant 2 02/25/91 Leonard Grossberg Environmental Specialist 2 09/28/98 Brett Koontz Environmental Specialist 2 07/23/90 Sharon Capper Customer Service Representative 4 09/12/94 Robert Combe Firefighter 6 09/12/94 Paul Johnson Firefighter 6 09/12/94 Michael Langer Firefighter 6 O1/06/86 Lewis Pozzebon Director of Environmental Health 7 08/17/87 Michael Busch Fire Captain 9 06/29/87 Michael Gillman Lieutenant 9 07/01/79 Charla Duncan Secretary 17 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. 06/24/98 Leo Lee Code Enforcement Inspector 2 07/14/81 Richard Stoykovich Utilityman I 3 05/19/91 Gerardo Farias Utilityman IV 4 05/16/88 David Moore Fire Captain 4 09/18/95 Daniel Santos Police Officer 5 11/02/92 Thomas Egan Firefighter 5 O1/07/91 Anthony Rotell Firefighter 5 09/18/94 Anthony Hinojos Utilityman IV 6 09/12/94 David Kolvet Firefighter 6 City Council Minutes October 17, 2000 09/12/94 Jason McEachran Firefighter 6 09/12/94 Jeffrey Neely Firefighter 6 O1/08/84 Roy Ness Utilityman II 6 09/12/94 Kurt Smith Fire Engineer 6 The Mayor called a short recess at 5:07 p.m. The City Council reconvened at 5:10 p.m., all members present before the recess again being present. Health Department Report for the month of September 2000, was presented. It was moved by Ybarra, seconded by McCormick, that the Health Department Report for the month of September 2000, be received and filed. Motion carried. Risk Management Report for the month of September 2000, was presented. It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of September 2000, be received and filed. Motion carried. Police Department Activity Log for the period October 1st thru October 15th, 2000, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period October 1st thru October 15th, 2000, be received and filed. Motion carried. Fire Department Activity Report for the period October 18t thru October 15th, 2000, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period October ist thru October 15th, 2000 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 there was anyone wishing to address the City Council at this time. Harold Arsenian, President of Innovative Waste Company, addressed the City Council wanting to give them some insight from a different perspective on the current issue of the parcel tax. He-- .tried to express to the City Council that he understood their position and advised them that he will try to relay to the business community in the City that it promotes the welfare of the City and explain or advise the benefits that are here in the City as opposed to any other City. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 31, 2000, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant to attend the Tenth Annual Public Retirement Journal Training Seminar at Costa Mesa on October 19th, 2000, with an expense allowance of $182.50. Page 2 of 9 City Council Minutes October 17, 2000 It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Joan Francone to attend the aforementioned seminar with an expense allowance of $182.50. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 3, 2000, was presented, requesting authority and funds for the below listed Utility Clerks to attend the Professional Telephone Skills Seminar at Long Beach on November 30, 2000, with an expense allowance of $89.00 each. 0 Stella Pasillas • Karon Berry It was moved by McCormick, seconded by Gonzales, that authority and funds be granted to the above listed employees to attend the aforementioned seminar with an expense allowance of $89.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 27, 2000, requesting authority and funds for Rosa Moctezuma, Records Clerk to attend the Basic Records Course at El Monte on November 6th thru loth, 2000, with an expense allowance of $119.20. The City Clerk advised that the aforementioned communication from the Chief of Police, dated September 27, 2000, should be removed from the agenda. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Chief of Police, dated September 27, 2000 be removed from the agenda. Motion carried. Communication from Gary Wiskus, Battalion Chief, dated October 12, 2000, was presented, requesting authority and funds for Craig Peltier, Firefighter, and Battalion Chief Michael Wilson to attend the California Training Officers Fifth Annual Training Symposium at Fresno on November 5th thru 8th, 2000, with an expense allowance of $300.00 and $801.32 respectively. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Craig Peltier and Michael Wilson to attend the aforementioned symposium with an expense allowance of $300.00 and $801.32 respectively. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2000, was presented, advising that DMG-Maximus submitted a proposal to renew their Mandated Cost Claiming Services Agreement with the City. Records reflect that the City was reimbursed $64,143.00 by the State during fiscal year 1999-2000 as a result of the claims filed by DMG-Maximus. The proposed agreement is for a fixed fee of $3,650.00 (an increase of $100.00 from last year), due to the additional claims they will be preparing. In addition, the proposed agreement is offering to process any new claims for which claiming instructions are issued later in 2000-2001 for a fee of thirty-five (35) percent of the reimbursements the City receives pertaining to the new claims filed. Page 3 of 9 City Council Minutes October 17, 2000 It is hereby recommended that the services of DMG-Maximus be retained for fiscal year 2000-2001 in accordance with the proposed agreement. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk dated October 11, 2000, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7644 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement To Provide Mandated Cost Claiming Services By And Between The City Of Vernon And DMG-MAXIMUS For Fiscal Year 2000- 2001, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7644 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 12, 2000, was presented, advising that it has been discovered that the current Holiday/Vacation Resolution (No. 5645) needs to be amended in order to clarify and revise certain language. Staff has verified that the proposed Resolution's vacation schedules are current and consistent with today's work schedules. It is hereby recommended that the resolution submitted herewith be approved and adopted. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk dated October 12, 2000, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7649 - A Resolution Of The City Council Of The City Of Vernon Establishing Vacation Policies, Holidays And "In Lieu" Holidays For Employees Of The City Of Vernon And Repealing All Resolutions In Conflict Therewith, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7649 be approved and adopted. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated October 11, 2000, was presented, transmitting a fully executed Grant Deed from Ricardo and Lucia Durazo. The Grant Deed is for a portion of property approximately 2,136 square feet in size, located on the northeast corner of 37th Street and Alameda Street, Vernon, California.. The property will be used for street purposes. It is hereby recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water dated October 11, 2000 be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 11, 2000, was presented, recommending that an electrical service credit be granted to Rite -Way Meat Packers to assist them with their relocation into Page 4 of 9 City Council Minutes October 17, 2000 the City of Vernon. The credit will be based on sixty (60) percent of the company's electrical monthly demand charge for a period of twelve (12) months in exchange for the company's obligation to purchase electricity from the City for a seven (7) year period. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk dated October 11, 2000, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7642 - 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 R.B.R. Meat Co., Inc., was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7642 be approved and adopted. Motion carried. Communication from Samuel Community Services and Water, dated presented, advising that one bid wa September 26, 2000, for Contract No Distribution System - Replacement o as follows: Kevin Wilson, Director of October 12, 2000, was received and opened on 555, Vernon Gas Gas Main Couplings and was 0 Doty Bros. Equipment Company $582,010.00 The bid received has been reviewed and it exceeds the Engineer's estimated rate. It is hereby recommended that the bid be rejected. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water dated October 12, 2000, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7651 - A Resolution of the City Council Of the City of Vernon Rejecting the Bid Received For Contract No. 555 of the City of Vernon For Vernon Gas Distribution System, Replacement of Gas Main Couplings, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7651 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 12, 2000, was presented, transmitting the Agenda for the Personnel Committee meeting to be held October 16, 2000 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, that the recommendations listed on the Agenda for the Personnel Committee meeting held September 12, 2000 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 12, 2000, was presented, transmitting the Agenda for the Finance Committee meeting to be held October 16, 2000 for approval of the recommendations contained therein. Page 5 of 9 City Council Minutes October 17, 2000 It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the Agenda for the Finance Committee meeting held October 12, 2000 be approved. Motion carried. RESOLUTION NO. 7645 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A New Dodge Intrepid Sedan And A New Chevrolet Astro Van For The Police Department, Detective Bureau, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7645 be approved and adopted. Motion carried. RESOLUTION NO. 7646 - A Resolution Of The City Council Of The City Of Vernon Delegating Investment Authority to the City Treasurer, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7646 be approved and adopted. Motion carried. RESOLUTION NO. 7647 - A Resolution Of The City Council Of The City Of Vernon Amending Resolution No. 6868, Which Authorized The Establishment Of The Power Resource Cost Reduction Account, Provided Procedures For Deposits To And Withdrawals From The Account And Authorized City Officers To Do All Things Necessary Concerning The Account, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7647 be approved and adopted. Motion carried. RESOLUTION NO. 7648 - A Resolution Of The City Council Of The City Of Vernon Amending Resolution No. 7247, Which Approved And Authorized The Participation Of The City Of Vernon In The California Power Exchange And The Execution Of Certain Documents, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7648 be approved and adopted. Motion carried. RESOLUTION NO. 7643 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of An Agreement for Consulting Services by and between the City of Vernon and Compupub, Richard M. Bird, Owner, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7643 be approved and adopted. Motion carried`. RESOLUTION NO. 7650 - A Resolution of the City Council Of the City of Vernon Approving and Authorizing the Execution of a Contract By & Between the City of Vernon and Rolls Royce Engine Services -Oakland, Inc. For the Overhauling Of Two Gas Turbines, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7650 be approved and adopted. Motion carried. Warrant Register No. 1051 covering claims and demands presented during the period of September 29th, 2000 thru October 12th, 2000 drawn on Well Fargo Bank totaling $512,030.53, and includes check Nos. 79860 thru 80054 (inclusive), excluding Utilities Demands and voided checks as listed below (accounting period October, 2000) Page 6 of 9 City Council Minutes October 17, 2000 79864 79878 79879 79880 79881 79899 79929 79930 79931 79932 79933 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1051 be approved and payment authorized for claims and demands totaling $512,030.53, excluding Utility demands and voided checks as mentioned above. Motion carried. Warrant Register No. 1051 covering claims and demands presented during the period of September 29th, 2000 thru October 12th 2000, drawn on Well Fargo Bank Totaling $963,531.87, which includes Utility demands and check Nos. as listed below: (accounting period October, 2000): 79867 79870 79871 79876 79877 79882 79884 79886 79891 79892 79898 79906 79912 79914 79915 79920 79922 79924 79936 79943 79948 79951 79955 79961 79964 79970 79985 79987 79990 79998 80000 80009 80011 80015 80016 80021 80023 80024 80025 80033 80038 80047 80051 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 1051 be approved and payment authorized for Utility claims and demands totaling $963,531.87. Motion carried. Payroll Warrant Register No. 532 covering claims and demands presented during the period of August 13th, 2000 thru September 9th, 2000, drawn on Wells Fargo Bank totaling $1,636,440.09 which includes demand Nos. 6812 thru 6844 (inclusive), (accounting period September, 2000). It was moved by Gonzales, seconded by McCormick, that Payroll Warrant Register No. 532 be approved and payment authorized for claims and demands totaling $1,636,440.09. Motion carried. The Mayor called a recess at 5:47 p.m. The Council reconvened in Regular Session at 5:56 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by McCormick, that the City Council go into closed session on Item No. 1, the time being 5:57 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, Chief of Police, City Attorney, Police Captain, and Records Manager. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 7 of 9 City Council Minutes October 17, 2000 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 addressed the City Council. The non -sworn supervisory staff member in the Police Department addressed the City Council. The non -sworn supervisory staff member in the Police Department was excused at 6:00 p.m. The Chief of Police and Police Captain were excused at 6:07 p.m. It was moved by Ybarra, seconded by McCormick, that the City Council go out of closed session pertaining to Item No. 1, the time being 6:07 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item Nos. 2 and 3, the time being 6:08 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, and City Attorney. The Mayor ordered all communications to and from 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 -EXISTING LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railwav, CPUC Case No. 96-01-019; (b) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633 and EL96-48 (Restructuring); (c) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (d) FERC Docket No. ER98-3594 (ISO); (e) FERC Docket No. ER98-3760 (ISO); (f) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (g) Vernon v. All Persons; LASC No. BC 222145; (h) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; (i) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b); (j) Arnold Klein dba AMRO Industries v. City of Vernon, Kevin Wilson, Jerry Schreiber, et al._, LASC No. BC 226167; Page 8 of 9 City Council Minutes October 17, 2000 (k) FERC Docket No. EL00-58-000 (ISO); (1) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; (m) Mark A. Suarez v. New Matic Construction, etc., et al., LASC No. BC 228903; (n) FERC Docket No. ER00-2019-000 (ISO); (o) Paveco Construction, Inc. v. Valley Engineers, Inc., et al., LASC Case No. BC 236933; (p) Kelly Pipe Co., etc. v. Valley Engineers, Inc., etc., et al; Valley Engineers Inc., etc. v. City of Vernon, etc. et al., LASC Case No. BC 227815; 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIMS Claimant: SERGIO CARDOSO Agency claimed against: CITY OF VERNON It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session pertaining to Item Nos. 2 and 3, the time being 6:15 p.m. Motion_ carried. It was moved by McCormick, seconded by Ybarra, that the claim from Sergio Cardoso be rejected. Motion carried. It was moved by McCormick, seconded by Ybarra, that discipline as recommended by the Chief of Police for the non - sworn supervisory staff member in the Police Department be approved. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. eonis C. Mal rg ayor ATTEST: Bruce V. Malkenhorst City Clerk Page 9 of 9