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20040526 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 26, 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 MEMBERS ABSENT, McCormick 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 May 5, 2004, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 10, 2004, was presented, advising that the below listed employees qualified in the month of April 2004 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 04/23/B9 David'Muniz Utilityman I1I 2 05/25/97 Fernando Flores Utilityman IV 3 04/09/01 Jose Lugo Electrical Engineer 3 04/27/98 Matthew Daniels Senior Substation Technician 4 10/10/85 Dolores Jaunzemis Purchasing Assistant 7 04/17/94 Eric Anderson Utilityman IV 10' 02/26/90 Barry Schoolmeester Firefighter 12 04/29/91 Linda Smith Utility Clerk 13 04/23/90 Albert DeLaCruz Utilityman I11 14 04/09/90 Michael Hendrickson Substation Technician 14 08/19/84 Richard Recano Substation Technician 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. - Date of Hire. Employee 01/18/87 David Soto 04/15/02 Fernando Valenzuela 03/16/86 Mario Mendoza 10/28/81 Melody Falvo 08/27/90 Francesco Pirello 06/22/90 Ben Busse 08/01/19 Rose Gonzales 01/08/90 Jerry Winegar 04/16/80 Art Morales 06/26/89 Todd Hewett 06/13/85 Michael Chavez Award Utilityman III 2 Police ZOfficer: 2 Utilityman III 4 Police Secretary 6 Police Officer 7 sergeant 9 Secretary 9 Sergeant 9 Utilityman II 10 Fire Captain 12 Sergeant 13 The Mayor called a short recess at 5:07 p.m. The City Council reconvened in.regular session at 5:10 p.m., all members present before the recess again being present; Regular City Council Meeting Minutes May 26, 2004 Police Department Activity Log for the period May 1 through 15, 2004,,was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period May l through 15, 2004,`be receivedand filed;. Motion carried. Fire Department Activity Report for the period May l through 15, 2004, was presented. It was moved by Ybarra., seconded by Gonzales, that the Fire Department Activity Report for the period May l through 15, 2004, be received and filed. Motion carried. Risk Management Report for the month of ;April 2.004 , was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of April 2004, be received and filed. Motion carried. Health Department Report for the month of April 2004, was presented. It was moved by Ybarra, seconded by Davis., that the Health Department Report for the month of April 2004, be received and filed. Motion carried. A The City Clerk announced that now was time for ti in the audience who wished to address the City Council of item on the agenda other than with regard to any public l that may be listed. The Mayor asked if there was anyone in the^aud who whisked to address the Council at this time. There was no-one wishing; to address the Council at this time. The City Clerk advised that now was the time to open the public hearing to obtain testimony from affected and/or interested Persons regarding the application by,Southern California Edison for a franchise in the City of Vernon, It was moved by Gonzales, seconded by Ybarra, to open the public hearing to consider the franchise application submitted by southern California Edison, the time being 5:13 p.m. Councilman Davis abstained from voting on this matter. Motion carried. Communication from Bruce V. Malkenhorst,, City Administrator/City Clerk, dated April 29, 2004, was presented, 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, 1997, The franchise will allow Edison to construct and use poles, wires, conduits and appurtenances, including necessary communication circuits in, along, across, upon, over and under the streets within the City of Vernon for Page-2 of 10 Regular City Council Meeting Minutes May 26, 2004 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. (Continued from City Council Meeting held May 5, 2004.) The City Clerk asked the City Council to continue this matter and Ordinance No.. 1101 to the next council meeting. 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 Circuits Necessary or,Proper Therefore, In, ,Along, Across,, Upon, Over'And Under the Public Streets, Ways, 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), (Continued from City Council Meeting held May 5, 2004.) It was moved -by Gonzales, seconded by Ybarra, that the public hearing regarding the franchise application submitted by Southern California Edison and Ordinance No,: 1101 be continued to the next council meeting, the time being 5:15. Councilman Davis abstained from voting of this matter. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May lo`, 2004, was presented, advising that the California Integrated Waste Management Board (CIWMB) annually issues enforcement assistance grants to local enforcement agencies to procure necessary equipment, supplies, and training to improve the capability and performance of the agencies. At this time it is necessary to apply for the loth Cycle of the Used Oil Grant Funds for fiscal year 2004/2005.= This has been reviewed by the City Attorney and it is hereby recommended that the application for a CIWMB Grant in the approximate amount of $5,300.00 be approved and executed by the Director of Environmental Health. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 10, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8446 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for a 2004/2005 Used Oil Recycling Block Grant, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8446 be approved and adopted. Motion carried. Page 3 of 10 Regular City Council Meeting Minutes May 26, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 20 2004, was presented, advising that on January 6, 2004, the Finance Committee recommended that a contract with Fisher Scientific Company, LLC be prepared for the purchase of personal protective equipment for the Fire Department. The City Attorney's Office has prepared the contract and it is hereby recommended that the following resolution be approved. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 20, 2004, be received and filed and the contract with Fisher Scientific Company LLC, be approved and executed. Motion carried. RESOLUTION NO. 8353 - 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 Fisher Scientific Company L.L.C. for Personal Protective Equipment for the Fire Department, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8353 be approved and adopted. Motion carried. The City Clerk asked that the following communication dated May 20, 2004, and Resolution No. 8448 be deferred to the next council meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 20, 2004, advising that at this time it is necessary that a resolution be adopted to express the City's desire to advance and protect its employment base by providing financial economic advantages to that employment base through the creation of a Development Trust. This program will also allow the City to create support for existing industries located within the City that are utilizing the power from the Malburg Generating StationProject. This has been reviewed by the City Attorney and it is hereby recommended that the following resolution be approved'. RESOLUTION NO. 8448 A Resolution of the City Council of the City of Vernon Declaring its Intention to Create a Development Trust that is Empowered to Act for and on Behalf of the City under the Direction of the City Council Utilizing the Credit and Security of the City to Accomplish the Goal of Industrial Development. It was moved by Davis, seconded by Ybarra, that the aforementioned communication, dated May 20, 2004, and Resolution No. 8448 be deferred to the next council meeting. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes May 26, 2004 Communication from Bruce Olson, Chief of Police, dated April 28, 200j, was presented, requesting authority and funds for the below listed police personnel to attend the "California Association of Labor Relation Officers 2004 Training Seminar" in Palm Springs on June 9 through 11„ 2004, with an expense allowance of $466148 and $436.48, respectively. • James Rodino, Lieutenant • Inez Aragon, Detective It was moved +by Gonzales, seconded by Ybarra; that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $466.48 and $436.48, respectively. Motion carried. Communication from Steven Parker, Fire Chief, dated May 12, 2004, was presented, requesting authority and funds for the below listed firefighters to attend the "Confined Space Rescue Operational Class" in Anaheim on June 21 through 25, 2004, with an expense allowance of $375,00 each. • Joseph Janis • Scott Meta • Chris Shields It was moved by Ybarra, seconded by Davis, 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 Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 11, 2004, was presented, recommending ratification of 'Electronics Technician Curtis Kirkland's attendance to the "Factory Acceptance Test for MGS OEMs Modules" at Englewood; Colorado on May 16 through 19, 2003 with an expense allowance of $1,172.15. It was moved by Gonzales, seconded by Ybarra, that the authority and funds relating to the Electronics Technician Curtis Kirkland's attendance to the aforementioned modules with an expense allowance of $1,172.15, be ratified. Motioncarried. Communication from Bruce Olson, Chief of Police, dated May 6, 2004, was presented, requesting authority and funds for the below listed police officers to attend the "Driving Under the Influence Seminar" in Laguna Hills on July 19 through 23., 2004, with an expense allowance of $1,030.36, of which POST will reimburse $1,027.92 each. • Francesco Pirello • Kent Stevenson It was moved by Ybarra, 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 $1,027.92 each. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes' May 26, 2004 Communication from Bruce Olson, Chief of Police, dated May 18, 2004, was presented;, requesting authority and funds for the below listed police personnel to attend the "Mistake Free Grammar Seminar" in Long Beach on July 1, 2004, with an expense allowance of $115.2`0 each. • Danita Robertson; Records Manager • Elizabeth Sawickis, Assistant Records Manager • Martha Parra, ,Records Clerk It was moved by Gonzales, 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 $115..20 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 20, 2004, was presented, transmitting the Minutes for the Adjourned Regular City Council Meeting - Finance Committee Section, held on May 18, 2004, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations on the Minutes for the Adjourned Regular City Council Meeting - Finance Committee Section, held on May 18_, 2004, be approved. Motion carried. RESOLUTION NO. 8444 A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Animal,Control Services By and Between the City of Vernon and the Southeast Area Animal Control Authority for Animal Control Services for the Period July 1, 2004 to June 30, 2009, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8444 be approved and adopted. Motion carried. RESOLUTION NO. 8447 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of Request for Proposal from Qualified Firms for Janitorial Services at 'City Hall and Related Facilities, was presented. It was moved by Gonzales, seconded by Davis; that Resolution No. 8447 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 20, 2004, was presented, transmitting the Agenda for the Adjourned City Council Meeting - Finance Committee Section, to be held May 25, 2004,.for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned City Council Meeting - Finance Committee Section, held May 25, 2004, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 20, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting - Personnel Committee Section, to be held May 26, 2004, for approval of the recommendations contained therein. Page 6 of 10 Regular City Council Meeting Minutes May 26, 2004 It was moved by Gonzales, seconded by Davis, that then recommendations on the Agenda for the Adjourned Regular City Council Meeting - Personnel Committee Section, held May 26, 2004, be approved. Motion carried. City of Vernon Warrant Register No. 1138 covering claims and demands presented during the period of APRIL 29, 20'04 through MAY 19, 2004 drawn on Bank of America totaling $933,866.25, which includes Demand Nos. 300648 through 300959 (inclusive), and also excluding, void Demand Nos. as listed below. (Accounting period MAY 2004); 300648 30,06419 300714 300735 300736 300737' 30073B300739 300740 It was moved by Ybarra, seconded by Davis, that the City of Vernon Warrant Register No,. 1138 be approved and payment authorized for claims and demands totaling $933,866.25, excluding Light & Power demands and voided checks as listed above. Motion carried. Light & Power of the City of Vernon Warrant Register No. 103 covering claims and demands presented during the period of APRIL 29, 2004 through MAY 19, 2004 drawn on Bank of America totaling $2,733,569.32, which includes Demand Nos, 500175 through 500259 (inclusive), and also excluding Void Demands Nos,, as listed below. (Accounting period MAX 2004) 500175 500187 500206 500207 500208 500209 500210 500211 It was moved by Gonzales, seconded by Ybarra, that the Light & Power of the City of Vernon Warrant Register No. 103 be approved and payment authorized for Light & Power's claims and demands totaling $2,733,565.32. 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 City of'Vernon_Warrant Register No.575 covering claims and Demands Presented during the period of MARCH 7, 2004, through APRIL 17, 2004, drawn on Wells Fargo Bank totaling $3,032,984,59, which includes Demand Nos. 8553 through 8587, (inclusive). (Accounting period APRIL 2004)., It was moved by Ybarra, seconded by Davis:, that the Payroll City of Vernon Warrant Register No, 575 be approved and payment authorized for claims and demands totaling $3,032,984.59. Motion carried„ The City Clerk advised the City Council that it was now the time to discuss an employee discipline/dismissal/release matter in open session at the request of Mr. Jason Weathers. The Director of Community Services and Water summarized this matter to the City Council and made his recommendation, Mr. Weathers addressed the Council and referred to the City's Policy on this matter and asked that the City Council reconsider the recommendation of the Director of Community Services & Water. Page 7 of 10 Regular City Council Meeting Minutes May 26, 2004 The Mayor asked if there were any questions. There were no questions at this time.. Mr. Weathers was advised that his Department Head would notify him of the Council's decision The Mayor called a short recess at ,5:40 p.m. The City Council reconvened in regular session at 5:45 p.m., all members'pres'ent before. the recess again being present. The City Clerk announced that now was the time to go into closed session with respect to employee discipline/dismissal/release matters. It was moved by Gonzales, seconded.by Davis, that the City Council go into,closed session with respect to every item of business to be discussed pursuant to Government Code Section 54957, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, the time being 5:45 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, Director of Community Services & Water, the Assistant to the Chief Deputy City Clerk, and former employee, The Mayor ordered all communications to and from closed session deemed privileged and confidential. Former employee addressed the City Council in closed session with respect to employee discipline/dismissal/release.'' Former employee was excused from closed.:session at 5:55 p.m, No action was taken on this matter_ The ,Director of Community Services and Water was excused from closed session at 6:00 p.m. The Assistant to -the City Administrator and the Network System Administrator entered closed session at 6:00 p.m., with respect to employee discipline/dismissal/release. The Network 'System Administrator was excused from closed session at 6:15 P.M. The Assistant to the City Administrator was excused from closed session at 6:16 p.m. It was moved by Ybarra, 'seconded by Davis, that the Council go out of closed session with respect to employee discipline/dismissal/release matters, the time being 6:21 p.m. Motion carried. It was reported out that the City council had a conference with respect to 'Government Code Section 54957, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE and that appropriate direction was given to staff. Page 8 of 10 Regular City Council Meeting Minutes May 26, 2004 The City Clerk announced that now was the time to go into closed session with respect to existing litigation and anticipated litigation matters. It was moved by Gonzales, seconded by Davis, to go into closed session with respect to existing and anticipated litigation matters, the time being 6:22 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 -EXISTING LITIGATION (a) LASC No. BC 207136; (b) Nos. A-1280, A1280(a) and A-1280(b`); (c) LASC Case No. BC 238846,cons,, with LASC Case No, BC 238841; (d) FERC Docket Nos. ER00-2019/EL00-105; ELOO-95 cons-., w/ELOO-98; EL03,54; (e) USDC No. CV-00-12891 NM (AJWx); (f) USDC No. CV-01-01602 DDP (AJWx); ('g) LASC No BC 245633; (h) LASC 'No. C 7866561- (i) Case No: 01ASO5497; (j) LASC No. 02CO0862; ('k) Case No. BC 265905; (l) USBC Adversary Proceeding No. 03-03131 (AJG,); m) USBC Adversary Proceeding No. 03-04440-dml; (n) NSC No; VC 040647; (o) LASC No. BC 300307; (p) CPUC No. 03-09-008; (q) LASC No. BC 295361-; (r) LASC No. BC 306257; (s) LASC No. BC 309589; (t) WCAB No VNO 459075; (u) LASC No. BC 313861; - (v) WCAB No. ARM 0092551; (w) JCCP 4203 4. 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. Page 9 of '10 Regular City Council Meeting Minutes May 26, 2004 It was moved by Davis, seconded by'Ybarra, that the City Council go out of closed session with respect to existing and anticipated litigation matters, and resume regular session, the time being 6i25 p.m. Motion carried. It was reported out that the City Council had a conference with the City Attorney in closed session and direction was given to the City Attorney to take appropriate action in the matters of WCAB No. AHM 0092551 and JCCP 4203 and the anticipated litigation matter. No action was taken on the remaining of the existing litigation matters,' There being no further business to come before the City Council at this time, it was moved by Gonzales, seconded by Davis, that the meeting be adjourned, the time being 6:25 p.m. Motion carried. ,(eonis C. Mal_urg Mayor ATTEST: Bruce V- Malkenhorst City Clerk Page :10 of 10