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20040505 Regular City Council Meeting - Minutesi MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 5, 2004, AT 5:0'0 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 Gonzales, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held April 26, 2004, be approved and adoptedas submitted. Motion carried. The Mayor presented Service Pins to the following employees and extended 'congratulations on behalf of the entire City Council, David Muniz Utilityman 1II 15 years Sergio Rodriguez Resource Scheduler 20 years Gary Sawyer Utilityman II 20 years The following employee was unable to attend the meeting and his service pin was accepted by his respective department head, Eric Anderson Utilityman IV 10 years The City At introduced the City's Deputy City Attorney Willard Yamaguchi. Mr. Yamaguchi thanked the entire City Council for the employment opportunity. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring David B. Brearley in Recognition of His Service and Support to the City of Vernon, was presented, Police Department Activity Log for the period. April 16 through 30, 2004, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period April 16 through 30, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period April 16 through 30, 2004, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period April 16 through 30, 2004, be received and filed. Motion carried. ORDINANCE NO. 1100 - An Ordinance of the City Council of the City of Vernon Amending Chapter 26 of the Code of the City of Vernon, California, 1959, by Adding Article VII-To Chapter 26 Relating to .Outdoor Advertising Structures Within the City, Terminating the Moratorium Imposed by Ordinance No. 1083, Deleting Sections 22.23,, 22.24, 22..'25, 22.26 and 22.27 of Regular City ,Council Meeting Minutes May 5, 2004 Chapter 22 of the Code of the City of Vernon, California, 1959 Regarding Advertising Displays Adjacent to Landscaped Freeways and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Gonzales, seconded by McCormick, that Ordinance No. 1100 be approved for a second and final reading,. Motion -carried. Ayes: Gonzales, Davis, and McCormick Noes: None Absent: None Abstained: Malburg and Ybarra 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. No one in the audience wished to address the Council. The City Clerk advised that now was the time to open the public hearing to obtain testimony from affected and/or interested persons regarding application by Southern California Edison fora franchise in the City of Vernon. I,t was moved by McCormick, seconded by Gonzales, to open the public hearing the time being 5:07 p.m. Motion carried. , The City Clerk asked City Council to continue this matter to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 29, 2004, advising that on April. 7, 2004, this legislative body approved Resolution No. 8423 declaring the City's intention to grant a franchise to Southern California Edison Company in conformance with the 1997 Supplement Restructuring Agreement approved on September 16, 1,997. The franchise will allow Edison to construct and use ter,; poles, wires, conduits and appurtenances, including necessary communication circuits in, along, across, upon, over and 'under the streets within the City of Vernon for the purpose of transmitting and distributing electricity through the City, but not to serve retail, wholesale, resale or other electric customers located in the City. This has been reviewed by the City Attorney and it is hereby recommended that the franchise with Southern California Edison be approved. ORDINANCE NO. 1101 - An Ordinance of the City Council of the City of Vernon Granting to Southern California Edison Company, Its Successors and Assigns, a Franchise to Use and to Construct and Use Poles, Wires, Conduits and Appurtenances, Including Communication Circuiis.Necessary or Proper Therefore, In, Along, Across, Upon, Over and Under the Public Streets, Ways, Page 2 of 9 Regular City Council Meeting Minute May 5, 2004 Alleys and Places Within the City of Vernon for Transmitting and Distributing Electricity Through the City of Vernon, but not to Serve Retail, Wholesale„ Resale or,,Other Electric Customers Located in the City of Vernon, (First Reading). It was moved by Ybarra, seconded by McCormick, that the public hearing regarding the above mentioned matter and Ordinance No. 1101 be continued to the next City Council Meeting, the time being 5:08, Motion carried. The City Clerk advised that now was the time to open the public hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with A-1 Disposal and Rolloff, Inc; It was moved by Davis, seconded by'Gonzales, to open. the public hearing the time being 5:08 p.m. Motion carried. The Director of Environmental, Health Lewis Pozzebon addressed, the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 26, 2004, was presented, advising that on April 15, 2004, A-1 Disposal and Rolloff, Inc. notified the Health Department, in writing, that they are no longer interested in maintaining their Non -Exclusive Franchise Agreement for Solid Waste Management with the City of Vernon. This agreement was entered into March 30, 1999.1 Herewith are the following documents: • Affidavit of Posting • Notice of Public Hearing This has been reviewed by the Director ofEnvironmental Health and the City Attorney. It is hereby recommended that pursuant. to Section 12.50 of the Vernon City Code the Non -Exclusive Franchise Agreement with A-1 Disposal and Rolloff, Inc,,1be terminated. The Mayor asked if anyone in the audience had any questions regarding this matter. There was no one wishing to make any comments, It was moved by McCormick, seconded by Ybarra, to close the public hearing, the time being 5:10 p.m._ Motion carried. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/'City Clerk, dated April 26, 2004, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO 8440 - A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to A-1 Disposal and Rolloff, Inc„ by the City of Vernon Pursuant to Resolution No. 7299, was presented. Page 3 of 9 Regular City Council Meeting Minutes May S, 2004 It was moved by Ybarra, seconded by Davis, that Resolution No. 8440 beapprovedand adopted. Motion carried. The City Clerk advised that now was the time to open the public hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with Able Rubbish Service. It was moved by McCormick, seconded by Gonzales, to open the public hearing the time being 5:10 p.m., Motion carried. The Director of Environmental Health Lewis Pozzebon' addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 26, 2004, was presented, advising that on March 3, 2004, AbleRubbishService notified the Health Department, in writing,_that they are no longer interested in maintaining their Non -Exclusive Franchise Agreement for Solid Waste Management with the City of Vernon. This agreement was entered into April 27, 1999. Herewith are the following documents: • Affidavit of Posting • Notice of Public Hearing` This has been reviewed by the Director of Environmental Health and the City'Attorney. It is hereby recommended that pursuant to Section 12.50 of the Vernon City Code the Non -Exclusive - Franchise Agreement with Able Rubbish Service,, be terminated. The Mayor asked if anyone in the audience had any questions regarding this matter. There was no one wishing to make any comments It was moved by Gonzales, seconded by Ybarra, to close the public hearing, the time being 5:11 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the aforementioned communication from'the`City Administrator/City Clerk, dated April 26, 2004, and any and all supporting'' documents submitted as evidence during the public hearing be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 8441 A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to Able Rubbish Service by the City of Vernon Pursuant to Resolution No. 7320, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8441 be approved and adopted. Motion -carried. Page 4 of 9 Regular City Council Meeting Minutes May 5, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 26-, 2004, was presented, advising that the Cali-fornia Department of Conservation has announced that pursuant to Section 14581(a)(4)(A) of the California Beverage Container Recycling Litter Reduction Act, the City of Vernon is eligible for $5,Oo0.Oo in grant funds for fiscal year 2004-2005. Staff has submitted said application, which was due May 3, 2004, and will utilize the grant funds to develop and distribute public information items to promote recycling.. The Health Department is also requesting to continue. with KJ Services for the Beverage Container Program and will utilize grant funds to obtain said services. This has been reviewed by the City Attorney and it is hereby recommended that the submittal of the grant fundapplicationbe ratified and that the services of KJ Services be retained. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from. the City Administrator/City C1erk,,dated April 26, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO, 8442 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Grant Application Under the California Beverage,Container Recycling and Litter Reduction Act to the Department of Conservation's Division of Recycling, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8442 be approved and adopted. Motion carried.. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 26, 2004, was presented, - advising that the Community Services and Water Department is requesting authorization to issue Request for Proposal to: qualified firms to perform a Hydrogeological Evaluation of the City's ground water basin to identify potential sources of contamination, as well.as new locations and cost associated with drilling new wells. This has been reviewed by the City Attorney and it is hereby recommended that issuance of Request for Proposal to qualified firms to perform a Hydrogeological Evaluation of the City's ground water basin be approved. It was moved by Ybarra, seconded by Davis, that the= aforementioned communication from the City Administrator/City Clerk, dated April 26, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8443 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of Request for Proposal from Qualified Firms for Hydrogeological Evaluation of City Groundwater Supplies, was presented,. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8443 be approved and adopted. Motion carried. Page 5 of 9 Regular City Council Meeting Minutes May 5„ 2004' Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated ,April 28, 2004, was presented, advising that On December 16, 2003, the Finance Committee approved the City's participation in the Local Government Sharing Program (AB63). This has been reviewed by the City Attorney and it is hereby recommended that the City Administrator be authorized to execute the agreement with the Franchise Tax Board and any Other documentation necessary to implement the City's participation in the program. The Mayor -asked for clarification on this matter. The City Attorney explained this matter to the entire City Council, It was moved by Davis; seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated April 26, 2004, be received and `filed and his recommendation approved. Motion carried. RESOLUTION NO. 8438 -,A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution, of Agreement No. C2323197 By and Between the City of Vernon and the Franchise Tax Board Regarding the City's Participation in Local Government Sharing Program, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8438 be approved and adopted. Motion carried.` Communication from Sol Benudiz, Police Captain, dated April 16, 2004, was presented, requesting authority and funds for the below listed Sergeants to attend the "Assertive Supervision Training" at Huntington Beach on May 25 through 27, 2004, with an expense allowance of $629.08, of which POST will reimburse $624.68 plus backfill overtime each. • Daniel Calleroa • Robert Sousa ' It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed Sergeants to attend the aforementioned training with an expense allowance of $629.08 each. Motion carried. Communication from Lewis Poz,zebon, Director of Environmental Health', dated April 19, 2004, was presented, requesting authority and funds for the below °listed Environmental Health Specialists to attend the "California Center for Land Recycling Workshop" at Los Angeles on May 13, 2004, with an expense allowance of $185.00 each. • David LeDuff • Jerrick Torres It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for the above listed personnel to attend the aforementioned workshop with an expense allowance of $185.00 each. Motion carried. Page 6 of 9 Regular City Council Meeting Minutes May 5, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 20, 2004, was presented, requesting authority and funds for. Information Technology Specialist I George Ning to attend the "Assessing Network Vulnerabilities:; Exploit Analysis and Defense Course" at Los Angeles on May 11 through 1:4, 2004, with an expense allowance of $2,266.10., It was moved :by Ybarra, seconded by Davis, that authority and funds be approved for George Ning to attend the aforementioned course with an expense -allowance of'$2,266.10, Motion carried. Communication from Lewis Pozzebon,, Director of Environmental Health, dated April„21, 2004, was presented, requesting authority and funds for Environmental Health SpecialistBrett Koontz to attend the "Chemical Risk Management Workshop" at Westwood on May 6, 2004, with an expense allowance of $84, 00,, It was moved by Davis, seconded by Ybarra, that authority and funds beapprovedfor Brett Koontz to attend the aforementioned workshop with an expense allowance of $84.00, Motion carried. Communication from'Steven Parker, Fire Chief', dated April 22, 2004, was presented, requesting authority and funds for the below listed Firefighters to attend the "Rescue Systems II Class" at Anaheim on May 24 through 28, 2004, with an expense allowance of $375.00 each. • David Hickman • Fabian Reyes • Tyler Shook It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above -listed Firefighters to attend the aforementioned class with an expense allowance of $375.00 each. Motion carried. Communication from Kevin Wilson,, Director of Community Services and Water, dated April 28, 2004, was presented, requesting authority and funds for the below listed personnel to attend the "NAPA 2004 AC Advanced Trouble Shooting Clinic (Workshop)" at Downey on May 19, 2004, with an expense allowance of $60.00 each. • Victor Trujillo, Utilityman I'I • Silas William, Utilityman.III • Luis Reynoso, Utilityman I • Jason Tomlinson, Utilityman III • Victor Modesto., Utilityman II • Jose Uriarte, Utilityman III It was, moved by Ybarra, seconded by Davis, that authority and funds beapprovedfor the above -listed personnel to attend the aforementioned workshop with an expense allowance of $60,.00 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated April 29, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting - Finance Committee Section, to be held on May 4, 2004, for approval of the recommendations contained therein. Page 7 of 9 Regular City Council Meeting Minutes May 5, 2004 It was moved by Davis, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular City Council Meeting Finance Committee Section, held on May 4, 2004, be approved. Motion carried. RESOLUTION NO. 8439 - 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 2004 Chevrolet Blazer for the Police Department, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8439 be approved and adopted.. Motion carried. Communication from Bruce: V. Malkenhorst. Director .of Personnel, dated April 29, 2004, was presented, transmitting the Agenda for the Regular City Council Meeting - Personnel Committee Section, to be held on May 4,, 2004, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, that the recommendations on the Agenda for the Regular City Council Meeting - Personnel Committee Section, to be held on May'4, 2004, be approved. Motion carried. City of Vernon Warrant Register No. 1137covering claims and demands presented during the period of APRIL 15, 2004 through APRIL 28, 2004 drawn on Bank of America totaling $1,027,333,84, which includes Demand Nos. 300431 through 300647 (inclusive), and also excluding, Void Demand Nos.`as listed below. (Accounting period MAY 2004,): 300446, 300455 360501 300502 300503 300504 300505 3'0;05016 It was moved by Gonzales, seconded by Davis, that the City of Vernon Warrant Register No. 1137 be approved and payment authorized for claims and demands totaling $1,027,33.84, excluding Light & Power demands and voided checks' as listed above„ Motion carried. Light & Power of the City of Vernon Warrant Register ` No. 102 covering claims and demands presented during the period of APRIL 15, 2004 through APRIL 28, 2004 drawn on Bank of America totaling $5,265,688.65, which includes Demand Nos,. 500141 through 500174 (inclusive), and also excluding Void Demands Nos., as listed below. (Accounting period APRIL 2004): 500163 5001614 500165 500166 500167 500168 It was moved by Ybarra, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No, 102 be approved and payment authorized for Light & Power's claims and demands totaling $5,265,688.65. 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 5:25 p.m. The City Council reconvened in regular session at 5:30 p.m., all members present before the recess again being present, Page 8 of 9 Regular City Council Meeting Minutes May 5, 2004 The City Clerk advised that now was the time to go into closed session. 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, the time being 5:30 p.m Motion carried. All persons were excluded from closed session; with the exception of the City Administrator/City Clerk,, City Attorney, 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 -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9: 1 It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 5:32 p.m. Motion carried. It was reported out that the 'City Council had conference with the City Attorney with respect with the Legal Council - Anticipated Litigation ;and direction was given to the City Attorney. 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 be adjourned, the time being 5:34 p.m. Motion carried. Leonis C. Malburg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 9 of 9