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20031001 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 1, 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 September 17, 2003, be approved and adopted as submitted.- Motion carried. The Mayor presented Service Pins to the following employees and extended congratulations on behalf ofthe entire City Council.. Robert Kipness Foreman 25 years Vincent Washington Utilityman II 25 years Brett Koontz Environmental Specialist 15 years The City Clerk advised that now was the time to present the Police Department's Merit Bar Award to Police Officer Victor Ontiveros for his outstanding performance in his investigative efforts and technical skills:. The Chief of Police gave a brief summary of the details of and how the award was achieved by Police Officer Victor Ontiveros. The Mayor congratulated Officer Ontiveros. The City Clerk advised that now was the time to present the Police Department's Merit Bar Award to Sergeant Jerry Winegar for his performance as the Project Supervisor for the recently completed "Office of Traffic Safety Strategic Traffic Safety Program". - The Chief of Police summarized the details for the award given to Sergeant Winegar. The Mayor congratulated Sergeant Jerry Winegar 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 Council at this time. There was no one in the audience who wished to address the Council Police Department Activity Log for the period September 15 through 30, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period September 15 through 30, 2003, be received and filed. Motion carried. Regular City Council MeetingMinutes October 1, 2003 Fire Department Activity Report for the period September-15 through 30, 2003, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for theperiodSeptember 15 through 30, 2003, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 23, 2003, was presented,. advising that it is necessary to enter into an Automatic. Aid/Initial Action Agreement with the City of Los Angeles to set forth the terms and conditions for an exchange of fire and rescue services for responses along or .adjacent to the Alameda Corridor. This has been reviewed by the Fire Chief and the City Attorney. It is hereby recommended that the Automatic Aid/Initial Agreement with the City of Los Angeles be approved and executed. It was moved by Davis, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated September 23, 2003, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO.. 8285 A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of _. an Automatic Aid/Initial Action Agreement for Fire Protection and Rescue Services By and Between the City of Los Angeles and the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8285 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of .Community Services and Water, dated September 24, 2603,. was presented, advising that the Resurfacing.of Soto Street., Bandini Boulevard, Pacific Boulevard and Atlantic Boulevard, Contract No. •563, has been completed by All American Asphalt according to the plans and specifications. The total contract amount expended is . $697,896.33.. It is hereby recommended that the work be accepted and the City of Vernon pay the contractor, All American Asphalt, the remaining ten percent (10%) of the total contract amount, $69,789.63, thirty-five, days after acceptance of the work. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated September 24, 2003, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 8284 - A Resolution of, the City Council of the City of Vernon Accepting the Work of All American Asphalt in Accordance With Contract No. 563 of the City of Vernon, was presented. - It was moved by Gonzales,seconded by Davis, that Resolution No. 8284 be approved and adopted. Motion carried. Page 2 of 10 Regular City Council Meeting Minutes October 1, 2003 Communication from Kevin Wilson, Director of Community Services and Water, dated September 25, 2003, was presented, advising that the City of Vernon and the Central Basin Municipal Water District are cooperating to construct a pump station to provide additional capacity to the existing recycled water system and to provide recycled water to the City of Vernon and to the new Malburg Generating Station. The plans and specifications were drawn and have been approved by the City Attorney for the advertisement for bids. The project consists of a pump station located in the city of South Gate that will boost the pressure and addvolumeto the recycled water system. The pump station is in the City of South Gate-tooptimize the effect on the operation of the system. The City of Vernon has secured the cooperation of the City of South Gate and will ,coordinate the construction with them. The pump station will be constructed in the first part of 2004, will be administered by the City of Vernon, and will be managed and inspected by the Central Basin Municipal water District who will be the eventual owner of the facility. The approximate cost for Contract No. 586, Hollydale Pump Station, is $1,096,475.00. It is hereby recommended that this contract be approved and authorization be granted to advertise for bids. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated September 25, 2003, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 8293 - A Resolution of the City Council of the City of Vernon Approving Contract No. 586 for the Hollydale Pump Station and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It wasmoved by Davis, seconded by Gonzales, that Resolution No. 8293 be approved and adopted. Motion carried. _ Communication from Bruce Olson., Chief of Police, dated September 2, 2003, was presented, requesting authority and funds for Senior Dispatcher Maria Alway to attend the "Computerized. California Law Enforcement Telecommunications System Users Group Conference" at San Francisco on November 3 through 7, 2003, with an expense allowance of $1,236.50. It was movedbyYbarra, seconded by McCormick, that authority and funds be approved for Senior Dispatcher Maria Alway to attend the aforementioned conference with an expense allowance of $1,236.50. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 3, 2003, was presented, requesting authority and funds for Lieutenant -James Wohlt to attend the "Correctional - Facilities Administrators' Seminar" at Sacramento on November 3 through 6, 2003, with an expense allowance of $909.72., Page 3 of 10 Regular City Council Meeting Minutes October 1, 2003 It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Lieutenant James Wohlt to attend the aforementioned seminar with an expense allowance of $909.72. Motion carried. Communication fromBruceOlson,- Chief of Police, dated September 3, 2003, was presented, requesting authority and funds for Detective Michael Docherty to attend the "California Narcotic Officers' Association Conference" at Sacramento on November 22 through 25, 2003, with an expense allowance of $1,027.00. It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for Detective Michael Docherty to attend the aforementioned conference with an expense allowance of 01,027.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 4, 2003, was presented, requesting authority and funds for the below listed Sergeants to attend the "Instructor Recertification Course" at Los Angeles on October 20 through 22, 2003, with an expense allowance of $198.60, of which POSTwill reimburse $40.12 each. • David zapien • Michael Alway It was moved by Ybarra, seconded by McCormick, that _.authority and funds be approved for the above listed Sergeants to attend the aforementioned course with an expense allowance of $198.60. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 4., 2003, was presented, requesting authority and funds for Court Officer Eliseo Genera to attend the "Court and Short Run Transportation Course" at Torrance on October 15, 2003, with an expense allowance of $116.20, of which STC will reimburse $116.20. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Court Officer Eliseo Genera to attend the aforementioned course with an expense allowance of $116.20. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 4, 2003, was presented,. requesting authority and funds for Detective- Inez Aragon to attend the "California Background Investigator's Association Training" at San Diego on November.17 through 19, 2003, with an expense allowance of $596.08. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Detective Inez Aragon to attend the aforementioned training with an expense allowance of $596.08. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes October 1, 2003 Communication from Kevin Wilson, Director of Community Services and Water, dated September 10, 2003, was presented, requesting authority and funds for Code Enforcement Inspector Steven Michael to attend the "CALBO 13th Annual Education Week" at Ontario on November 4 and 6, 2003, with an expense allowance of $309.20. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for Code Enforcement Inspector Steven Michael to attend the aforementioned training with an expense allowance of $309.20. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 10, 2003, was presented, requesting authority and funds for the below listed Sergeants to attend the "Mistake Free Grammar and Proofreading Seminar" at Burbank on October 29, 2003, with.an expense allowance of $125.40 each. • Ben Busse • David Zapien - It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the above listed Sergeants to attend the aforementioned seminar with an expense allowance of $125.40 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, was presented, dated September 15, 2003, requesting authority and funds for the below listed personnel to attend the "Envision User Group Training and Conference" at Fresno on October 15 and 16, 2003, with an expense allowance of $545.84 and $734.14, respectively. • Brett Koontz, Environmental Specialist • Linda Smith, Utility Clerk It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed personnel to attend the aforementioned conference with an expense allowance of $545.84 and $734.14, respectively. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated September 23, 2603, was presented, requesting authority and funds for the below listed personnel to attend the _ "C.A.D. Training.Seminar" at Los Angeles on November 14, 2003, with an expense allowance of $187.70, $184.10, $181.55, respectively., - • Jose Lugo, Electrical Engineer • Carol J. Childers, CAD Technician • Jose A. Ortiz Villa, Electric Service Planner Trainee It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of,$187.70, $184.10 and $181.55, respectively. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes October 1, 2003 Communication from Kevin Wilson, Director of Community Services. and Water, dated September 24, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "C.A.D. Training Seminar" at Los Angeles on November 14, 2003, with an expense allowance of $192.20, $191.00, $196.40, $183..80, and $188.00, respectively. • Ali Nour, Fiber Optic & Traffic Systems Manager • Pin Chan, Engineering Associate • Holly Webb, Engineering Assistant • Lissette Melendez, Engineering Assistant • Wesley Cruz, Engineering Aide It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $192.20, $191._00, $196.40, $183.80'and $188.00, respectively. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 25, 2003, was presented, transmitting the Minutes for the Adjourned Regular Finance Committee Meeting. held on September 23, 2003, for approval of the recommendations -contained therein.. It was moved by Gonzales, seconded by Davis, that the recommendations on the Minutes for the Adjourned Regular Finance Committee Meeting held on September 23, 2003, be approved. Motion carried. RESOLUTION NO. 8286 - A Resolution of the City Council of the City of Vernon Amending Schedule IV (Exhibit "D") of Resolution No. 8228 Which Fixed The Compensation For Certain Employees Of Said City And Authorized Certain Expense Allowances, was presented. - It was moved by Ybarra, seconded by McCormick, that Resolution No. 8286 be approved and adopted. Motion carried. RESOLUTION NO. 8287 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of 19 Padmounted Transformers for the Light & Power Department, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8287 be approved and adopted. Motion carried. RESOLUTION NO. 8288 - A Resolution of the City Council of the City of,Vernon Approving and Authorizing Notice Inviting Sealed Proposals.or Bids for the Purchase of Two TVi 3-Line Decontamination Shelter Systems for the Fire Department, was presented. It was moved. by McCormick, seconded by Davis, that Resolution No. 8288 be approved and adopted. Motion carried. RESOLUTION NO. 8289 -.A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: City Administrator/City Clerk, Community Services and Water, Fire, Light & Power and Police, Pursuant to Section 2.31 of the Vernon City Code, was presented. Page 6 of 10 Regular City Council Meeting Minutes October 1, 2003 It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8289 be approved and adopted. Motion carried. RESOLUTION NO. 8290 - A Resolution of the.City Council of the City of.Vernon Authorizing the Purchase of One 2003 Ford F250 XL Super Cab Pick -Up Truck for the Light & Power Department by Joining on the State of California, Department of General' Services, Procurement Division, Contract No.. 1-03-23-20 Awarded to Downtown Ford Sales,was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8290 be approved and adopted. .Motion carried. RESOLUTION NO. 82.91 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase ContractByand Between the City of Vernon and Power Monitors, Inc., through McAvoy & Markham, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8291 be approved and adopted. Motion carried. RESOLUTION NO. 8292 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Off -Site Storage and Services Agreement By and Between the City of Vernon and American Vault-Datavault, Inc, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8292 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 25, 2003, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held on October 1, 2003, for approval of the recommendations contained therein. It was movedbyYbarra, seconded by Davis, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting to be held on October 1, 2003, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of - Personnel, dated September 25, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held on October 1, 2003, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations on the Agenda .for the Adjourned Regular Personnel Committee Meeting held on October 1, 2603, be approved. Motion carried. Warrant Register No.'1123 covering claims and demands presented during the period of September 11, 2003 through September 24, 2003, drawn on Wells Fargo Bank totaling $967,389.21, which includes demand nos. 212385 through 212644, (inclusive), and also excluding Light & Power's demands and voided check no. 212392 (Accounting period October 2063). Page 7 of 10 Regular City Council Meeting Minutes October 1, 2003 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 1123 be approved and payment authorized for claims and demands totaling $967,389.21. Motion carried. ,Warrant Register No. 1123 covering claims and demands presented.during.-the period.of September 11, 2003 through September 24, 2003, drawn on Wells Fargo Bank totaling $5,585,644.25, which includes Light & Power .demand nos. as listed below: (Accounting period October 2003).. 212385 212393 212196 212399 212402 212403 212404 212405 212406 212408 212409 212413 212418 212424 212426 - 212427 212428 212429 212430 212431 212432 212455 212462 212463 212465 -212467 212469 212471 212472 212474 - 212475 212479 212482 212485 212487 212490 212497 212499 212508 212520 212522 212533 212534 212538 212543 212546 212553 212563 212564 212566 212577 212579 212584 212588 212591 212593 212594 212600 212602 212609 212610 212612' 212616 212621 212626 212631 212641 212643 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1123 be approved and payment. authorized for Light & Power's claims and demands totaling $5,585,644.25. 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 Mayor called a short recess.at 5:30 p.m. The City Council reconvened in regular.session at 5:35 p.m., all members present before the recess again being present. The City Clerk advised that there was nothing to discuss on Item Nos.. 1 and 2. 1. With respect toeveryitem 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(s) The.City Clerk advised that now was the time to go into closed session on Item No. 3. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item No. 3, the time being 5:35 p.m. Motion carried. Page 8 of 10 Regular City Council Meeting Minutes October 1, 2003 All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, Chief Deputy City Clerk, and Assistant to the Chief Deputy City Clerk. The Mayor ordered allcommunicationsto 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 Governments 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. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b).; (d) Alameda Corridor Transportation Authorityetc. v .:City of Vernon „etc., et al., LASC Case No. BC 238846 cons, with City of Vernon. v. AlamedaCorridor Transp. - Auth., LASC Case No. BC 238841; (e) FERC Docket No.: ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO), FERC Docket No. BROO-2019-000 (ISO); FERC Docket No. EROO-105 (Vernon); FERC Docket No. ERO1-313 (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. ELOO-95--024/EL00-98-023 (PG&E); FERC Docket Nos. ELOO-95-025/EL00-98-024 (SCE); FERC Docket No. ERO1-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); FERC Docket No. ELO1-75 (Vernon v. ISO); USCA No,01- 1187 (consolidated with 01-1190) (PG&E v. FERC); FERC Docket No. ELOO-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket. No. EL00-98; FERC _ Docket Nos. RT01-82 (SDG&E), RTO1-83 (PG&E), RT01-85. (ISO) and RTO1-92 (SCE); FERC Docket No. ELOI-84 (SRP ISO); City of. Anaheim, et al. v. I SO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No, ER02-599 (ISO); FERC Docket No. ' ER02-637. (PG&E); FERC Docket No.. ER02-651 (180); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-1656 (ISO); FERC Docket No, EL02-103 (Vernon); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-14 (Azusa); FERC Docket No. EL03-15 (Anaheim); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL 03-21 - (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket - No. EL03-31 (Vernon TRBA); FERC Docket No. ER03-219 (ISO); FERC Docket No. ER03-338 (SCE); FERC Docket No. PA02-2-001; FERC Docket No.ER03-310 (ISO); FERC. Docket No. ER03-407 (ISO); FERC Docket No. EL03-54 (Anaheim; et al, 'v. ISO) (f) The Burlington Northern and Santa,Fe Railway Company, v. City of Vernon; USDC No. CV-00-12891 NM'(AJWx); (g) Sterling Davie v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); Page 9 of 10 Regular City Council Meeting Minutes October 1, 2003 (h) Cities of Arcadia, at al. v. The California Regional Water Quality Control Board, etc, et al.., LASC No BC 245633; (i) FERC Docket No ELO1-33 (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); - (j) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E).; (k) Central and West Basin Water ReDlenishment District. etc.., v. cnaries E. Adams, et al,, LASC No. C 786656; (1) _Department of Water Resources v. ACN Energy, Inc., et al., Case No.. 01ASO5497; (m) FERC Docket No. ER02-455 (PG&E); .FERC Docket Nos, - ECO2-31, EL02-36 and CP02-38 .(PG&E, et al.); (n) -Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (o) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (p) Aucensio Saucedo Lopez. v. Vernon; LASC No. 02000862 (H.P. District); (q) Vernon v. SoCalGas, E1 Paso Natural Gas, et al::, Case No. BCC 2659051•' (r) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW (Mcx); (a) Jessica Rodriguez v. Vernon; WCAB Case No. RIV 0056007; (t) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131,(AJG); (u) Robert S. SDradlin, etc. v. Vernon; Norwalk Superior Court No. VC 039280; (v) Jessica Rodriguez v. Vernon; LASC No. BC298890; (w) Lexington Insurance Company v. Vernon; Norwalk Superior Court No. VC 040647; (x) Vernon v. Scott Co., et al., LASC No. BC 300307; It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 5:36 p.m. 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 meeting adjourn, the time being 5:36 p.m. Motion carried. .. ® eoLeo is C. Mal urg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 10 of 10