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20040107 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 7, 2004,'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 Minute's of the Adjourned City Council Meeting 'held ,December 17, 2003, be approved andadoptedas submitted. Motion carried. The ,following employee was unable to attend the meeting and his service pin was accepted by his respective department head. Eugenio Cerda Police Officer 5 years The City Clerk advised that the presentation of the Police Department's Merit Award Bar to Police Officer Kent Stevenson be removed for the agenda until further notice. It was moved by Gonzales, seconded by Davis, that the aforementioned presentation be removed until further notice. Motion carried. RESOLUTION NO 8341 - A Resolution of the City Council, of the City.of Vernon Commending Edward L. Saenz for His Many Years of Service to the City of Vernon, was read in its entireiy by the City Clerk. It was moved by Ybarra, seconded by McCormick, that that Resolution No. 8341 be approved and adopted. Motion carried, Police Department Activity Log for the period December 16 through 31, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period December 16 through 31, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period December 16, through 31, 2003, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period December 16 through 31, 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 Council at this time. There was no one in the audience who wished to address the Council, Regular City Council Meeting Minutes January 7, 2004 ORDINANCE NOc 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 (Second Reading), was presented. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1097 be approved for a second reading. Motion carried. Ayes: Malburg, Ybarr•a, Gonzales, Davis, McCormick Noes None Absent; None Communication from Kevin Wilson, Director of Community. Services and Water, dated December 17, 2003-, was presented, transmitting a fully executed Grant Deed from the Burlington" Northern and Santa Fe Railway Company. The property will be used for street purposes. It is hereby recommended that the Grant Deed be approved and the Mayor and City Clerk be authorized to sign. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the Director of.Community Services and Water, dated December 17, 2003, be received and filed and his recommendation approved. Motion"carried. Communication from Kevin Wilson, Director of Community Services and Water, dated December 29, 2003,Iwas presented, advising that the bids for Contract 586, Hollydale Recycled Water Pump Station, have been reviewed for all the requirements of the bid documents. It is hereby recommended that Contract 586 be awarded to Schuler Engineering Corporation, the lowest bidder, in the amount of $975,650.00. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated December 29, 2003, be received and filed and his recommendation approved. Motion carried.` RESOLUTION NO. 8339 - A Resolution of the City Council of the City of Vernon Accepting the Bid, of Schuler Engineering Corporation for the Hollydale Recycled Water Pump Station in Accordance with Contract 5`86 of the City of Vernon.and Approving the Execution of Said Contract, was presented. It was moved by Davis, seconded by McCormick, that Resolution No.. 83.39 be. .approved and, adopted.. Motion carried. Communication from Bruce V. Malkenhorst, .City Administrator/City Clerk, dated December 29, 2003, was presented, advising that staff has finalized a proposed Utility Use Agreement by and between Kal Kan Food, Inc_ and the City of Vernon. This has been reviewed by the City Attorney and it is hereby recommended that the Utility Use Agreement with KalKan Foods, Inc., be approved 'and.executed. Page 2 of 7 Regular City Council Meeting Minutes January 7, 2004 It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated December 2-9, 2003, be received and filed. Motion carried. RESOLUTION NO, 8342- - 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., was presented.. It was moved by McCormick, seconded by Davis, that Resolution No. 8342 be approved. and adopted. Motion carried. Communication from Bruce: Olson, Chief of Police„ dated December 5, 2003, was presented„ requesting authority and funds' for Detective Daniel Santos to attend the "California Robbery Investigators Annual Seminar" at Reno, Nevada on February 3 through 5, 2004, with an expense allowance; of $707.48„ It was moved by Ybarra, seconded by Davis, that authority and funds be, approved for Detective Daniel Santos to attend the aforementioned seminar with an expense allowance of $707.48, Motion carried. Communication from Bruce Olson; Chief of Police, dated December 10, 2003, was presented, requesting authorijty and funds for Police Officer Mason Chancey to attend the "California Association for Property and Evidence 2004 Conference" at Fresno on March l through 5, 2004, with `an expense allowance of $766,52. It was moved by Gonzales, seconded by McCormick, that authority and funds be approvedf'or Officer Mason Chancey to attend the aforementioned conference with an expense allowance of $766.52 Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 15, 2003, was presented, requesting authority and funds for himself and the below listed City Officials to attend the "California Society of Municipal Finance Officers' Annual, Conference" at Long Beach on February 28, 2004 through March 2, 2004, withanexpense allowance of $922.60 each. • Thomas Ybarra, Mayor Pro Tem • Hilario Gonzales, councilman • William Davis, Councilman It was moved by McCormick, seconded by Davis, that authority and funds be approved for above listed legislative body.to attend the aforementioned conference with an expense allowance of $922.60each. Motion carried. Communication from 'Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 17, 2003, was presented, requesting authority and funds for the below listed City Officials to attend the "Independent•Cities Association„ 16th Annual Winter Seminar"' at Santa Barbara on February 13 through 15, 2004, with an expense allowance of $1,146-.60 each. Page 3 of 7 Regular City Council Meeting Minutes January 7, 2004 • William Davis, Councilman • Michael McCormick, Councilman It was moved by Ybarra., seconded by Gonzales, that authority and funds be approved for above listed legislative body to attend the aforementioned seminar with an expense allowance of $1,146.60 each. Motion,carried. Communication from Bruce V. Malkenhorst, Director of .Finance, dated December 30, 2003, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held on January 6, 2004, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting to be held on January 6, 2004, be approved. Motion carried. RESOLUTION NO, 8340 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a tease Agreement By and Between the City of Vernon and Stanley Kim and Jennifer Kim for the Malburg Generating Station Project, was presented., It was moved by Ybarra„ 'seconded by Gonzales, that Resolution No., 8340 be approved and adopted. Motion carried Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 30, 2003, was presented, transmitting the Agenda for the Adjourned Personnel Committee Meeting to be held on January 6, 2004, for approval of the recommendations contained therein: It was moved by Ybarra; seconded by Davis, that the recommendations on the Agenda for the Adjourned Personnel Committee Meeting to be held.on January 6, 2004,.be approved. Motion carried. Warrant Register No. 1129 covering claims and demands presented during the period of December 11, 2003 through December 29, 2003, drawn on Bank of America totaling $723,762.31, whichincludesdemand nos. 213940 through 214146 (inclusive), and also excluding Light_ & Power's demands.. (Accounting period January 2004) It was moved by Gonzales; seconded by Davis, that Warrant Register No. 1129 be, approved and payment authorized for claims'and demands totaling $723,762.31. Motion carried. Warrant Register No. 1129 covering claims and demands presented during the period of December 11, 2003 through December 29, 2003, drawn on.Bank..of America totaling $4,744,133.19, which includes Light & Power's demand nos- as listed below: (Accounting period January 2004),. 213947 213948 213950 213958 213974 213975 213978 213980 213983 213984 213985 213986 213987 213988 213993 214031 214032214035 214042 214063 214064 214077 214102 214106 214121 214126 214143 Page 4 of 7 Regular City Council Meeting Minutes January 7, 2004 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1129 be approved and payment authorized for Light & Power's claims and demands totaling $4,744,133.19. 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 r; The Mayor called a short recess at 5:20 p.m. The City Council reconvened in regular session at 525 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. l.a: 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 Davis, seconded by Gonzales, that the . City Council go into closed session on Item No.; 1.a., the time being 5:25 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, Assistant to the Chief Deputy City Clerk, and Project Engineer'. The Mayor ordered all communications to and from closed session deemed privileged and confidential. The Project Engineer was excused at 5:33 p.m. The Director of Community Services and Water was excused at 5:35 p.m. It was moved by McCormick, seconded by Davis, that the City Council go out of closed session on Item No. l,a., the time being 5:35 p.m. Motion carried. The City Clerk advised that there was nothing to discuss on 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 No. 3. Page 5 of 7 Regular City. Council Meeting Minutes January 7, 2004 It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item No. 3, the time being 5:36"p.m. Motion carried. All persons were excluded from closed session with the exception of the CityAdministrator/City Clerk, Acting City Attorney, Chief Deputy City Clerk and the Assistant to the Chief Deputy City Clerk. 11 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); (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. ELOO-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. ELOO-98 FERC Docket No. EL04-34 (Vernon TRBA); 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 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 Enemy, Inc., et al., Case No. 01AS05497 (k) Au.ensio;S,aucedo Lopez v. Vernon; LASC No; 02CO0862 (H.P. District); (1) Vernon v. SoCalGas, E1 Paso Natural Gas, et al., Case No. BC 265905; (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 Ener y Marketing', LP v. Vernon; USBC Adversary Proceeding No. 03-04440-dml; (p) Robert Si $pradlin,_etc v. Vernon; Norwalk Superior Court No. VC 039280; (q) Jessica Rodriguez v. Vernon; LASC No. BC298890; (r) LexingtonTInsurance Company v. Vernon; Norwalk Superior Court No, VC 040647; Page 6 of 7 - Regular City Council Meeting Minutes January 7, 2004 (s) Vernon v. Scott Co,., et al., LASC No, BC 300307;. (t) CPUC No. 03-09-608 (SoCalGas BCAP) (u) Luther`Caston v. Vernon, et al.; LASC No, BC 29536.1; It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 5:40 p.m.. Motion carried. It was moved by Gonzales, seconded by Davis, that discipline in the 'matter of the Project Engineer be approved. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting be adjourn, the time being '5:41 p.m. Motion carried. `Leonis C. Malbu g Mayor ATTEST'; Bruce V. Malkenhorst City Clerk Page 7 of 7 NOTICE OF ADJOURNMENT Notice is hereby given that the Regular City Council Meeting to be held January 21, 2004 at 5:00 p.m., was adjourned (Due to Lack of Quorum) by the City Administrator/City Clerk.. sa Date Chief Deputy City Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) :ss COUNTY OF LOS ANGELES ) I, Gloria J. Orosco, declare as follows: That I am the Chief Deputy City Clerk of the City of Vernon, and that a regular meeting, of City Council of the City of Vernon to be held January 21, 2004 was adjourned and a copy of said notice (as set forth above) was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct: Executed one Rc/ l0 at Vernon, California. Chief De t 'City Clerk