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20031217 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 17, 2003, AT 4:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA PE 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 December 3, 2003, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 8, 2003, was presented, advising that the 'below listed employees qualified in the month of November 2003 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: O8/13/79 Carol Childers Computer Aided Drafting Technician 2 11/26/01 -Raquel Franco Account Clerk 2 11/19/01 Pin Chan Engineering Associate 2 O1/02/98 Lorenzo Gaytan Police Officer 2 11/08/89 Frank Saldana Utilityman II 4 07/01/85 Wenceslao Reynoso Plan Checker 8 08/17/87 William Niesley Fire Captain 10 11/02/92 Todd Painton Fire Engineer 11 11/04/91 Claudia Arellano Secretary to the Director of Community Services and Water 12 07/25/79 Martha _Valenzuela Office Manager 14 11/06/89 Elias Zepeda Utilityman II 14 The Mayor presented the 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 heads. 07/01/85 Jaime DeLaRosa Utilityman. III. 2 03/12/01 Miguel Torres Police Officer 2 11/09/98 Victor Ontiveros Police Officer 5 11/09/98 Vipul Patel, Information _ Technology Analyst 5. 11/24/97 Bruce Malkenhorst Jr. Systems Coordinator 6 08/17/87 John Cusolito Captain 8 O1/07/91 Jeff Smith Firefighter 9 09/18/89 Daniel Kimes Fire Captain 10 11/02/92 Andrew Kroner Fire Engineer 11 11/16/83 -James Rodino Police Lieutenant 13 08/01/83 Edward.Rodriguez Utilityman II - 15 06/23/85 Martin Sanchez Systems Coordinator I1 16 Adjourned City Council Meeting Minutes December 17, 2003 The Mayor called a short recess at 4:07 p.m. The City Council reconvened in regular session at 4:10 p.m., all members present before the recessagain being present. Police Department Activity Log for the period December 1 through 15, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period December 1 through 15, 2003, be received and filed. Motion carried.. Fire Department Activity Reportforthe period December 1 through 15, 2003, was.presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period December 1 through 15, 2003„ be received and filed. Motion. carried. Risk Management Report for the month of November 2003, was presented. It was moved by Davis, seconded by Ybarra, that the Risk Management Report for the month of November 2003, be received and filed. Motion carried. Health Department Report for the month of November 2003, was presented. It was moved by Gonzales, seconded by McCormick,that the Health Department Report for the month of November 2003, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 17, 2003, was presented, requesting authority and funds for himself to attend the "City Managers Department Meeting" at Huntington Beach on February 4 through 6, 2004, with an expense allowance of $1,079.40. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Bruce V. Malkenhorst to attend the aforementioned meeting with an expense allowance of $1,079.40, Motion carried. Communication from Steven Parker, Fire Chief, dated November 20, 2003, was presented, requesting authority and funds for .the below listed Firefighters to attend the "Hazmat Technical — Modules IA & 1B Training" at Santa Fe Springs on January 12 through 23, 2004, with an expense allowance of $750.00 each. • Fabian Reyes • Anthony Rotell. • Chris shields It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed Firefighters to attend the aforementioned training with an expense allowance of $750.00 each. Motion -carried. Page 2 of 10 Adjourned City Council Meeting Minutes December 17, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 1, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Security Essentials for Front Desk Professionals Workshop at Pasadena on January 12, 2004, with an expense allowance of $436.40 for both. • Cindy Calzada, Secretary • Karina Rueda, Personnel Clerk It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned workshop with an expense allowance of $436.40 for both. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 1, 2003, was presented, requesting authority and funds for Personnel Clerk Michelle Tolmasoff to attend the "Security Essentials for Front Desk Professionals Workshop" at Long Beach on January 14, 2004, with an expense allowance of $228.60.. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Michelle Tolmasoff to attend the aforementioned workshop with an expense allowance of $228.60.. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 2, 2003, was presented, requesting authority and funds for himself and the below listed legislative body to attend the "California Contract Cities Association - 37th Annual Sacramento Legislative Orientation Tour" at Sacramento on January 12 through 14, 20.04, with an expense allowance of $1,056.00 each. • Thomas Ybarra, Mayor Pro-Tem • William Davis, Councilman It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed legislative body to attend the aforementioned orientation tour with an expense allowance of $1,056.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 2, 2003, was presented, requesting authority and funds for Police Officer Mason Chancey to attend the "International Association for Property and Evidence Management Training Seminar" at Burbank on January 21 and 22, 2004, with an expense allowance of $302.00, It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Mason Chancey to attend the aforementioned seminar with an expense allowance of $302.60. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 2, 2003, was presented, requesting authority and funds for the below listed Police Officers to attend the "Driving . Under the Influence Seminar" at Laguna Hills on February 2 through 6, 2004, with an expense allowance of $999.96, of which POST will. reimburse $904.44 each. Page 3 of 10 Adjourned City Council Meeting Minutes December 17, 2003 • Fernando Valenzuela • Oscar Zozaya It was moved by Gonzales,, seconded by Davis, that. authority and .funds be approved for the above listed Police Officers to attend the aforementioned seminar with an expense allowance of $999.96 each. Motion .carried. Communication from Bruce Olson, Chief of Police, dated December 4, 2003, was presented, requesting authority and funds for the below listed Detectives to attend -the "Criminal Investigation Core Course" at San Diego on January 19 through 30, 2004, with an expense allowance of $1,819.90, of which POST will reimburse $1,108.48 each. • Brandon Gray • Phillip Swinford It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed Detectives to attend the aforementioned course with an expense allowance of $1,108.48 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 5, 2003, was. presented, requesting authority and funds for the below listed police personnel to attend the "911 Seminar" at Garden Grove on January 20, 2004, with an expense allowance of-$136.80, of which POST will reimburse $14.56 each. • Debra Davis, Dispatcher • Jacqueline Hamilton, Dispatcher • Stephanie Johnson, Records Clerk • Norma .Rodriguez, Dispatcher It was moved by McCormick, seconded by Davis,,that _ authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $136.80 each. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated December 10, 2003, was presented, requesting authority and funds for the below listed personnel to. attend the "Anti -Lock Brake Systems -Light Duty Trucks Training" at Burbank on January 15, 2004, with an expense allowance of $125.00 each. - • Art Reynoso, Utilityman I • Jason Tomlinson, Utilityman III e Victor Trujillo, Utilityman Ii • Jose Uriarte, Utilityman III It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the above listed personnel to attend the aforementioned training with an expense allowance of $125.00 each. Motion carried. RESOLUTION NO. 8338 - A Resolution of the City Council of the City ofVernonAmending Section 25(c)(2)—Page48, of Resolution No. -8228 which Fixed the Compensation for Certain Employees of said City and Authorized Certain Expense Allowances, was presented. - Page 4 of 10 Adjourned City Council Meeting Minutes December 17, 2003 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8338 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 11, 2003, was presented, transmitting the Minutes for the Adjourned Finance Committee Meeting held on December 8, 2003, forapprovalof the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations on the Minutes for the Adjourned Finance - Committee Meeting held on December 8, 2003, be approved. Motion carried. RESOLUTION NO. 8332 - A Resolution of the City Council of .the City of Vernon Approving and Authorizing the Execution of a TMDL Consultant Cost -Sharing and Retention Agreement By and Among the Executive Advisory Committee Municipalities Regarding .the National Pollutant Discharge Elimination System (NPDES), was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8332 be approved and adopted. Motion carried. RESOLUTION NO. 8333 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between, the City of Vernon and B. Foster & Company, Inc. For Auxiliary Rescue Unit and Related Equipment,was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8333 be. approved and adopted. Motion carried. RESOLUTION NO. 8334 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Galliera Inc. dba Trico Construction for the Malburg Generating Station Project, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8334 be approved and adopted. Motion carried. RESOLUTION NO. 8335 - 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 (IT Division and Finance), Community Services And Water,. Fire, Legal And Police, Pursuant To Section 2.31 Of The Vernon City Code, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8335 be approved and adopted. Motion carried. RESOLUTION NO. 8336 - A Resolution of the City Council of the City of Vernon Authorizing the Donation of Surplus Property from the Vernon Fire Department to the Rio Hondo Fire Technology Department, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8336be approved and adopted. Motion carried. Page 5 of 10 Adjourned City Council Meeting Minutes. December 17, 2003 RESOLUTION NO. 8337 - A Resolution of the City Council of the City of Vernon Authorizing the Donation of Surplus Property from the Information Technology Division of the City Administrator/City Clerk Department to the Vernon City Elementary School, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 8337 be approved and adopted. Motion carried. Communicationfrom Bruce V. Malkenhorst, Director of Finance, dated December 11, 2003, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held on December 16, 2003,.for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting to be .held on December 16, 2003, be approved. Motion carried. Ordinance No. 1097 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Adding Section 2.3 to Chapter 2, Article I Creating a Public Benefits Resource Committee (First Reading), was presented. It was moved by Ybarra, seconded by Davis, that Ordinance. No. 1097 be approved for a first reading. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None. Communication from.Bruce V. Malkenhorst, Director of Personnel, dated December 11, 2003, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held on December 16, 2003, for approval of the recommendations contained therein It was moved by McCormick, seconded by Gonzales, that the recommendations on the Agenda for the Regular Personnel Committee Meeting to be held on December 16, 2003, be approved. Motion carried. Warrant Register No. 1128 covering claims and demands presented during the period of November 27,. 2003 through December 10, 2003, drawn on Bank of America totaling $989,090.73, which includes demand nos. 2136b1 through213939 (inclusive), and also excluding Light & Power's demands (Accounting period December 2003). It was moved.by Ybarra, seconded by Davis, that Warrant Register No. 1128 be approved and payment authorized for claims and demands totaling $989,090..73. Motion carried. Page 6 of 10 Adjourned City Council Meeting Minutes December 17, 2003 Warrant Register No. 1128 covering claims and demands presented during the period of November 27, 2003throughDecember 10, 2003, drawn on Bank of America totaling $1,068,962.64, which includes Light & Power's demand nos... as listed below; (Accounting period December 2003.). 213687 213688 213689 213690 213694 213695 - 213696 213702 213706 213716 21.3723 213725 213735 213737 213738 2137.39 213740 213741 • 213747 213756 213762 213764 213777 213783 213795 213809 213811 213832 213833 213836 213862 213869 213885 213887 213900 213919 213936 213938 213939 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1128 be approved and payment authorized for Light & Power's claims and demands totaling $1,068,982.64. 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. 570 covering claims and demands presented during the period of October 19, 2003 through November 15, 2003, drawn on Wells Fargo Bank totaling $2,042,653.38, which includes demand nos. 8352 through 8390 (inclusive). (Accounting Period: November 2003). It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 570 be approved and payment authorized for claims and demands totaling $2,042,653..38. Motion carried. The Mayor called a short recess at 4:30 p.m. The City Council reconvened in regular session at 4:40 p.m., all members present before the recess again being present. The City Clerk advised that now was the time to go into closed session on Item No. 1. 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 It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on item No. 1, the time being 4:40 p.m.. Motion.carried. All persons were excluded from closed session with the exception of the City.Administrator/City Clerk, Acting City Attorney, Chief Deputy City Clerk, Director of Community. Services and Water, Deputy Director of Community Services and Water, Assistant to the Chief Deputy City Clerk and Utility Clerk. Page 7 of 10 Adjourned City Council Meeting Minutes December 17, 2003 The Mayor ordered all communications to and from closed session deemed privileged and confidential,. The Utility Clerk was excused at 4:48 p.m. The Director of Community Services and Water and Deputy Director of Community Services and Water were excused at 4:55 p.m. It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session on Item No, 1, the time being 4:55 p.m. Motion carried. The City Clerk advised that there was nothing to discussion Item No. 2. - 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 Nos. 3 and 4. It was moved by McCormick, seconded by Ybarra, that the City Council go into closed session on Item Nos. 3 and 4, the time being 4:56 p.m. Motion carried. Allpersons were excluded from closed session with the exception of the City Administrator/City Clerk, Acting City Attorney, Chief Deputy City Clerk and the Assistant to the Chief Deputy City Clerk. 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. Regional Water Quality Control Board; Nos. A-1280,A1280(a) and A-1280(b), V (d) 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; (e) FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy., et al.) consolidated with FERC Docket No. EL00-98; FERC Docket No. EL03-31 (Vernon TREA); FERC Docket No. EL03-54 (Anaheim,, et al, v. ISO) Page 8 of 10 Adjourned City Council Meeting Minutes December 17, 2003 (f) The Burlington Northern and Santa Fe Railwav Comnan v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (g) Sterling Davis v. City of Vernon, et al., USDC No. CV-. 01-01602 DDP (AJWx); (h) Cities of Arcadia, et al, v. The California Regional _Water Quality Control Board, etc., et al.., LASC No BC 245633; (i) Central and West Basin Water Replenishment District etc., v.. Charles E. Adams, et al, LASC No. C 786656;. (j) Department of Water Resources V. ACN Energy, Inc et al., Case No. 01AS05497; (k) Aucensio Saucedo Lopez v. Vernon; LASC No. 02CO0862 (H.P.. District); - (1) Vernon v, SoCalGas,. E1 Paso Natural Gas, et al., Case . No. BC265905; (m) Jessica Rodriguez v.. Vernon; WCAB Case No.-RIV 0056007; (n) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); (o) Mirant Americas Energy Marketing, LP v. Vernon; USBC Adversary Proceeding No. 03-04440-dml; (p) Robert S. Spradlin, etc. v. Vernon; Norwalk Superior Court No. VC 039280; - - (g) _ Jessica Rodriguez v. Vernon; LASC No. BC298890; - (r) Lexington Insurance Company v. Vernon; Norwalk Superior Court No. VC 040647; (s) Vernon v. Scott Co., et al., LASC No. BC 300307; (t) CPUC No.-03-09-008 (SoCalGas BCAP); 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: Two (2) potential cases. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being5:01 p.m. -Motion carried. - .It was moved by Gonzales, seconded by Davis, that discipline in the matter of the Utility Clerk be approved as recommended. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Settlement Agreement in the matter of Robert S. Spradlin Vernon, et. ai., Case No. VC 039280, be approved and the Mayor e authorized to execute the .Agreement for an on behalfofthe City.. Motion carried. Motion by Gonzales, seconded by Davis to authorize Legal Counsel to initiate a lawsuit against RMIUS Utility Services and Perry Thomas Construction in connection with a fuel spill that occurred in July of 2001. Motion carried. Page 9 of 10 Adjourned City Council.Meeting Minutes - December 17, 2003 It was moved, by McCormick, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER04-109 (Pacific Gas and Electric Company) are hereby ratified. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting be adjourned, the time being 5:02 p.m. Motion carried. 'eons C.. Malburc�— 0 Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 10 of 10