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20030305 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 5, 2003, 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 Regular City Council Meeting held February 19, 2003, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 24, 2003, was presented, advising that the below listed employee qualified in the month of January 2003 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 12/05/99 Marisol Trujillo, Deputy City Clerk 2 The Mayor presented an award to the aforementioned employee and extended congratulations on behalf of the entire City Council. The City Clerk announced that now was the time to present Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council. Jose Alvarez Utilityman III 15 years Maria Gonzalez Records Clerk 5 years Antonio Lopez Electronics Technician 5 years Greg Tsujiuchi Assistant to the City Administrator 5 years Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 27, 2003, was presented, advising that the SPIRITS Award Committee, composed of Department Heads and the Chief Deputy City Clerk, has selected Cerissa Diaz, Dispatcher in the Police Department, to receive the 2002 Annual SPIRITS Award for her exemplary performance during the past year. Based on their review it is hereby recommended that Cerissa Diaz be awarded the 2002 Annual City Spirits Award. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 27, 2003, be received and filed and the recommendation approved. Motion carried. Regular City Council Minutes March 5, 2003 RESOLUTION NO. 8168 - A Resolution of the City Council of the City of Vernon Awarding Cerissa Diaz, a Dispatcher in the Police Department, the Year 2002 Annual City Spirits Award and Commending Her for Her Exemplary Services to the City of Vernon During the Year 2002. It was moved by McCormick, seconded by Davis, that Resolution No. 8168 be approved and adopted. Motion carried. Police Department Activity Log for the period February 16 through 28, 2003, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period February 16 through 28, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period February 16 through 28, 2003, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period February 16 through 28, 2003, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished 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 in the audience who wished to address the City Council at this time. There was no one wishing to address the City Council at this time. The City Clerk advised that the following matter and respective resolution should be deferred to the City Council Meeting scheduled for April 2, 2003. HEARING - To consider Industrial Disability Retirement Qualification for Mr. Larry Weaver. (Continued from the City Council Meeting held February 19, 2003.) Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 28, 2003, advising that the City has reviewed Mr. Larry Weaver's personnel file and any available workers' compensation proceedings in relation to his case. This review does not appear to justify a determination by the City Council that Mr. Weaver qualifies for disability retirement in accordance with Government Code Sections 21154 and 21156. This has been reviewed by the Risk Manager and it is hereby recommended that Mr. Weaver's request for disability retirement be denied. (Continued from the City Council Meeting held February 19, 2003.) Page 2 of 10 Regular City Council Minutes March 5, 2003 RESOLUTION NO. 8136 - A Resolution of the City Council of the City of Vernon Denying the Disability Retirement of Larry J. Weaver, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156). (Continued from the City Council Meeting held February 19, 2003.) It was moved by Ybarra, seconded by Davis, that the aforementioned communication and Resolution No. 8136 be deferred to the City Council Meeting scheduled for April 2, 2003. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 24, 2003, was presented, advising that on January 25, 2003, this legislative body approved Resolution No. 8133, inviting sealed proposals or bids for the purchase of two (2) 2003 Ford F250 XL Regular Pickup Trucks for the Community Services and Water Department. On February 18, 2003, the Purchasing Section received the following bids: • Don Kott Ford $36,215.06 • Peck Road Truck Center $37,499.98 • Midway Ford $37,744.62 • Wondries Ford No Bid This has been reviewed by the Community Services and Water Department and the Purchasing Section and it is hereby recommended that Bid No. 1426 be awarded to Don Kott Ford, a vehicle purchase agreement be prepared, and a purchase order be issued for the purchase of two (2) 2003 Ford F250 XL Regular Pickup Trucks at an approximate total cost of $36,215.06. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February 24, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8164 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Don Kott Ford on Bid No. 1426 for the Purchase of Two 2003 Ford XL Regular Cab Pickup Trucks for the Community Services & Water Department and Approving and Authorizing the Execution of a Vehicle Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid. It was moved by Ybarra, seconded by Davis, that Resolution No. 8164 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 24, 2003, was presented, advising that on the Agenda for the City Council Meeting held January 8, 2003, a consideration item appeared on page 7 regarding engineering support and professional services with Power Engineering. This matter was discussed and approved; however, a motion that reflected the City Council's approval was inadvertently omitted from the Minutes of said meeting. Page 3 of 10 Regular City Council Minutes March 5, 2003 At this time it is necessary that the January 8, 2003 minutes be corrected, for the official record, to reflect the Council's authorizing to enter into two contracts with Power Engineering for engineering support and professional services in conjunction with the construction of the Malburg Generating Station. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February 24, 2003, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 26, 2003, was presented, advising that David Seewack & Scott Spiwak on behalf of Julius & Anita Zelman, have requested a variance from the 2001 California Building Code Table No. 5-A, which states that openings in the exterior wall are not allowed within five feet of the property line. Doheny Trading (3360 Fruitland) is proposing to sublease and expand into 10,000 square feet of the building located at 3366 Fruitland Avenue (Zelman's property). Due to the nature of this operation, they will need access between the two buildings. They are proposing to construct one standard loading door measuring 121x 14' in size on the west wall of the building. Submitted herewith is a Staff Report as prepared by the Community Services and Water Department. This has been reviewed by the Fire Chief and the Director of Community Services and Water and it is recommended that the variance be granted with the following conditions: 1. A three-hour fire rated door assembly shall be provided at the openings in the property line wall. The doors shall have fusible links on both sides. 2. Upon any change in occupancy, ownership or use, the doors shall be removed and the wall shall be reconstructed under a building permit. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated February 26, 2003, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated February 27, 2003, was presented, advising that Federal Funds in the amount of $282,270.00 were previously allocated for investigation of the widening & strengthening of the Atlantic Bridge over the Los Angeles River. In order receive & expend funds we must execute "Program Supplement No. M002 to Administering Agency -State Agreement for Federal -Aid Projects No. 07-5139." This matter has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that said Program Supplement be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 27, 2003, be received and filed and his recommendation approved. Motion carried. Page 4 of 10 Regular City Council Minutes March 5, 2003 RESOLUTION NO. 8167 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement No. M002 to Administering Agency -State Agreement for Federal -Aid Projects No. 07-5139 By and Between the City of Vernon and the State of California, Acting by and through the Department of Transportation. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8167 be approved and adopted. Motion carried. The City Clerk advised that the following matter and respective resolution should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 27, 2003, advising that this legislative body previously agreed to rebate a portion of Kal Kan Food, Inc.'s personal property tax. This was based on Kal Kan's intent to expand their manufacturing facility. As a condition of that agreement a Utility Use Agreement for the purchase and use of electricity, water, natural gas, and communication services for a five (5) year period has been prepared. This has been reviewed by the City Attorney and it is hereby recommended that the Utility Use Agreement be approved and executed. RESOLUTION NO. 8166 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Utility Use Agreement By and Among the City of Vernon, the Redevelopment Agency of the City of Vernon and Kal Kan Foods, Inc. It was moved by Davis, seconded by Gonzales, that the aforementioned communication and Resolution No. 8166 be deferred to the next City Council Meeting. Motion carried. Communication from Steven Parker, Fire Chief, dated February 24, 2003, was presented, requesting authority and funds for the below listed Firefighters to attend the "Emergency Trench Rescue and Shoring Class" at Anaheim on April 15 and 16, 2003, with an expense allowance of $125.00 each. • Brian Brown • Jonathan Flagler • Frank Quinones It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the above listed fire personnel to attend the aforementioned course with an expense allowance of $125.00 each. Motion carried. Page 5 of 10 Regular City Council Minutes March 5, 2003 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated February 25, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Pesticide Applicator Seminar" at Anaheim on April 8, 2003, with an expense allowance of $68.20 and $70.60, respectively. • Andrew Thompson, Utilityman II • David Muniz, Utilityman III It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed Community Services and Water personnel to attend the aforementioned training with an expense allowance of $68.20 and $70.60, respectively. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated February 25, 2003, was presented, requesting authority and funds for Utilityman II Andrew Thompson to attend the 1115th Annual CAL/OSHA Update" at Anaheim on April 3, 2003, with an expense allowance of $390.36. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Utilityman II Andrew Thompson to attend the aforementioned course with an expense allowance of $390.36. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated February 26, 2003, was presented, requesting authority and funds for Environmental Specialist David LeDuff to attend the "California Environmental Health Association, 52nd Annual Educational Symposium" at Napa Valley on April 2 through 4, 2003, with an expense allowance of $1,000.22. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Environmental Specialist David LeDuff to attend the aforementioned seminar with an expense allowance of $1,000.22. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 27, 2003, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held March 4, 2003, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting held March 4, 2003, be approved. Motion carried. RESOLUTION NO. 8162 - A Resolution of the City Council of the City of Vernon Adopting an Annual Statement of Investment Policy for 2003 and Delegating Investment Authority to the City Treasurer. It was moved by Davis, seconded by McCormick, that Resolution No. 8162 be approved and adopted. Motion carried. Page 6 of 10 Regular City Council Minutes March 5, 2003 RESOLUTION NO. 8163- A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of One 2003 Chevrolet Tahoe for the Fire Department. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8163 be approved and adopted. Motion carried. RESOLUTION NO. 8165 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of Request for Proposals from Qualified Environmental Consultants to Perform Soil Investigation and Remediation of Property for the I-710 Atlantic/Bandini Interchange Improvement Project. It was moved by McCormick, seconded by Davis, that Resolution No. 8165 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 27, 2003, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held March 4, 2003, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations on the Agenda for the Regular Personnel Committee Meeting held March 4, 2003, be approved. Motion carried. Warrant Register No. 1109 covering claims and demands presented during the period of February 13, 2003 through February 26, 2003, drawn on Wells Fargo Bank totaling $392,010.30, which includes demand nos. 209131 through 209420, (inclusive), excluding Utilities' demands and voided check nos. as listed below: (Accounting period March 2003). 209131 209132 209133 209134 209135 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1109 be approved and payment authorized for claims and demands totaling $392,010.30, excluding Utilities' demands and voided check as listed above. Motion carried. Warrant Register No. 1109 covering claims and demands presented during the period of February 13, 2003 through February 26, 2003, drawn on Wells Fargo Bank totaling $6,396,309.86, which includes Utilities' demands nos. as listed below: (Accounting period March 2003). 209142 209143 209144 209149 209151 209154 209156 209165 209166 209171 209178 209186 209190 209191 209192 209196 209198 209205 209207 209231 209238 209239 209245 209247 209265 209286 209303 209307 209329 209346 209357 209359 209360 209374 209401 209402 209404 209407 209420 Page 7 of 10 Regular City Council Minutes March 5, 2003 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 1109 be approved and payment authorized for Utilities' claims and demands totaling $6,396,309.86. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have material financial effect on his source of income. The Mayor called a short recess at 5:45 p.m. The City Council reconvened in regular session at 5:50 p.m., all members present before the recess again being present. The City Clerk announced that there was nothing to be discussed under closed session Items No. 1 and 2. 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 b. EMPLOYEE PERFORMANCE EVALUATION 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54957. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classification The City Clerk announced that now was the time to go into closed session on Items No. 3, 4, and 5. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Items No. 3, 4, and 5, the time being 5:51 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. 3. 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 -EXISTING LITIGATION (a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (b) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (c) Vernon v. All Persons; LASC No. BC 222145; CA B148676; Page 8 of 10 Regular City Council Minutes March 5, 2003 (d) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; Shell Chemical Company, et al. v. County of Los Angeles, et al., USDC Case No. 00-01917 MRP (MANx); Phillips Petroleum Company, et al., v. County of Los Angeles, et al., USDC Case No. CV00-01938 MRP (MANx); (e) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b); (f) Alameda Corridor Transportation Authority, etc. v. City of Vernon, etc., et al., LASC Case No. BC 238846 cons. with City of Vernon v. Alameda Corridor Transp. Auth., LASC Case No. BC 238841; (g) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ER00-105 (Vernon); FERC Docket No. ER01-313 (ISO); FERC Docket Nos. EL00-95-022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95-023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95-024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95-025/EL00-98-024 (SCE); FERC Docket No. ER01-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); EL01-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RT01-82 (SDG&E), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (SCE); SRP v. ISO, FERC Docket No. EL01-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-1656 (ISO); EL02-103 (Vernon); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL03-21 (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); FERC Docket No. ER03-219 (ISO); ER03- 338 (SCE) (h) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (i) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (j) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (k) FERC Docket No EL01-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. EL01-37 (SRP & SMUD v. PX); (1) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (m) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (n) Department of Water Resources v. ACN Energy, Inc., et al., Case No. 01AS05497; (o) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (p) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (q) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); Page 9 of 10 Regular City Council Minutes March 5, 2003 (r) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (s) Vernon v. SoCalGas, E1 Paso Natural Gas, et al., Case No. BC 265905; (t) Randy Bohlander v. Vernon, Workers' Compensation Claim Nos. 013-01-00007 & 013-02-00002; 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case. 5. With respect to every item of business to be discussed in closed session pursuant to subdivision (b) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation: One (1) potential case. It was moved by McCormick, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 6:03 p.m. Motion carried. It was moved by Gonzales, second by Davis, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. PA02-2-001 (Fact -Finding Investigation into Possible Manipulation of Electric and Natural Gas Prices) are hereby ratified. Motion carried. It was moved by Gonzales, second Ybarra, that the letter retainer agreement with Loeb & Loeb, LLP be approved and the Mayor be authorized to execute same. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the City Council Meeting adjourn, the time being 6:10 p.m. Motion carried. ,,Leonis C. Ma burg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 10 of 10