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20040818 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THECITY OF VERNON HELD AUGUST 18, 2004, AT 5:00P.M. IN THE COUNCIL CHAM13ERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: Norte 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 August 4, 2004, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 1,1, 2004, was presented, advising that the below listed employees qualified in the month of July 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 07/29/02 Brian Brown Firefighter 07/29/02 Jonathan Flagler Firefighter 2' 07/29/02 Lissette Melendez Engineering Aide 2' 07/01/02 Robert Zepeda Utilityman IV 2 06/26/89 Mark Whitworth Battalion Chief, 2 07/04/99 Sergio Canales Engineering Aide I11 4 07/01/90 Ali Nourmohamadian Fiber Optic Manager 5 07/13/98 David Taylor Gas Systems Superintendent 5 6 03/16/86 Jeff Wightman Utilityman III 10 12/08/85 Rex Hill Police Sergeant 14 08/19/84 Luis Reynoso Utilityman 2 17 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 Award 07/29/02 Timothy Behen Firefighter 2 07/15/02 Teresa Nelson Dispatcher 07/29/02 Fabian Reyes Firefighter 2 07/25/02 Christopher Shields Firefighter 2, 01/08/01 Ignacio Estrada Police Officer 2 03/16/98 Phillip Sw nford - Police Officer 3: 09/18/89 Michael Roche Fire Captain 3 4 11/03/91 Kenneth Jackson Utilityman IV 7 05/16/8,8 David Lazar Fire Captain 8 02/26/90 Darren Simpkins Firefighter 10 12/16/85 Steven Hartsfield Utilityman 11 15 The Mayor called a short, recess at 5:05 p.m. The City Council reconvened in regular session. at 5:09 P.m., all members present before the recess again being present. Regular City Council Meeting Minutes August 18, 2004 ,. Police Department Activity Log for the ,period August ;1 through 15, 2004, was presented. I`t was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period August 1 through 15, 2004,-be received and filed. Motion carried. Fire 'Department ,Activity Report for the period August 1 through 15, 2004, was presented. It was moved by Ybarra,, seconded by Davis, that the Fire Department Activity Report for the period August 1 through 15, 2004, be received and filed. Motion,carried. Risk Management Report for the month of July 2004, was presented. It was moved by Gonzales, seconded by Davis, that Risk Management Report for the month of July 2004, be received and filed. Motion carried. Health Department Report for the month of July 2004, was presented. It was moved by.Davis, seconded by Ybarra, that the Health Department Report for the month of July 2004, be received and 'filed. Motion carried, The City Clerk asked that the following resolution be deferred to the next City Council Meeting.. RESOLUTION NO. 8487 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and New Age Fuel, Inc. in Connection with the City's Public Benefit Program (Deferred from City Council Meeting held August 4, 2004.) It was moved by Gonzales, seconded by Davis, that Resolution No. 8487 be deferred to the next City Council Meeting. Motion carried. The City Clerk announced that now was 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 who wished to.address the City 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 Vernon's conformance with the criteria in;the Congestion Management 'Program as established by the Los Angeles County Metropolitan Transportation Authority. It was moved by Ybarra, -seconded by Davis, to open the public hearing the time being 5:10 p.m. Motion carried. Page 2 of 11 Regular`City Council meeting Minutes August 18, 2004 Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter and staff report., Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 12, 2004; was presented, advising that the Community Services and Water Department has conducted the studies required by the Metropolitan Transportation Authority (MTA) and outlined in the Congestion Management Program Land Use Analysis Program for the City of Vernon. It has been determined that the attached 2003-2004 Local Implementation Report is in conformanceand it is hereby recommended that the City adopt ;a resolution for self - certification. Herewith are the following documents: • Notice of Public Hearing, Affidavit of Posting, and Declaration of. Publication. • Staff Report, dated August 11, 2004., The Mayor asked if anyone in the audience had any questions regarding this matter. There were no comments or questions on this matter from anyone in the audience. It was moved by Gonzales, seconded by Davis, to close the public hearing, the time being 5:15 p.m. Motion carried. I't was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated August 12, 2004, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendations approved. Motion carried. RESOLUTION NO. 8518 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP)`and Adopting the CMP Local Development Report, in Accordance with California Government Code Section 65089, was.presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8518 be approved and adopted. Motion carried, Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 12, 2004, was presented, advising that on April 21, 2004, this legislative body approved Resolution No. 8432, authorizing the execution of agreements with Burlington Northern and Santa Fe Railway Company (BNSF):for the installation of concrete crossing surfa6e'material on 37tn Street, 38th Street, and Vernon Avenue. After further review of said ;agreements by BNSF it was established that the original estimate cost for the aforementioned work was quoted too low. The new total cost of contribution by the City should be. ' $88,226.00 (previous $45,259.00). Resolution No. 8432 also. approved the payment of $15,765.00 for the crossing at Vernon Avenue and this cost was also incorrect; however, BNSF will honor that commitment,;, Page 3 of 11 Regular City Council Meeting Minutes August 18, 2004 This has been reviewed by ,the Director of Community Services and Water and the City Attorney. It is hereby recommended that the agreements previously approved by Resolution No 8432 regarding 371h and 38`th Street be 'rescinded and new agreements with BNSF be approved and executed at an approximate cost of $88,226.00. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication -from the City Administrator/City Clerk, dated August 12, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8519 - A Resolution of the City Council of the City.of Vernon Approving and Authorizing the Execution of Agreements for the Installation of Full Depth Concrete Crossing Surface Material on 37th and 38th Streets By and Between the City of Vernon and -the Burlington Northern and Santa Fe Railway Company, was presented. It was moved by Ybarra,, seconded by Davis, that Resolution `No. 8519 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 12, 2004, was presented, advising that the Gateway Cities Council of Government ('COG) has secured $6.2 million dollars from the Metropolitan. Transportation Authority to improve various intersections throughout the southeast portion of Los Angeles County, of which two are in the City of Vernon. The first intersection, Atlantic Boulevard and Bandini Boulevard, the COG will expend an estimated $477,700.00; the City will be required to pay 10%'of the total cost (';$47,770.00), The second intersection Slauson Avenue- and Boyle Avenue, they will expend an estimated $247,248.00; the City will be required to cover 16% ($14,425.00) of the total cost, The City of Huntington Park is also required to cover 10% of their cost. The County will design and construct.the improvements with inspections from the City of Vernon and the City of Huntington Park. This'has been reviewedby the City Attorney and it, is hereby recommended that the City Council find that the proposed projects are minor improvements to existing facilities and therefore categorically exempt from the California Environmental Quality Act pursuit to Section 15301 of the California Code of Regulations -Title 14 Chapter 3. It is further recommended that (I) the City's costs for the improvements be approved, (II) the agreements with Gateway Cities Council of Government for improvements to the aforementioned intersections.be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August 12, 2004, be received and filed and his recommendations approved. Motion carried. Page 4 of 11 Regular City Council Meeting Minutes August 18, 2004 RESOLUTION NO, 8516 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of (1) a Cooperative Agreement By .and Between the City of Vernon and the Gateway -Cities Council. of Governments for Intersection Improvement at Atlantic.Boulevard and Bandini Boulevard; and (2) a Cooperative Agreement By and Between the City of Vernon;, the Gateway Cities Council of Governments and the City of Huntington Park for Intersection Improvement at Slauson Avenue, Boyle Avenue and State Street, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8516 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 11, 2004, was presented, advising that on November 19, 2003, this legislative body approved Resolution No. 8320, authorizing the Community Services and Water Department to issue a Request for Proposal (RFP) to qualified contractors for the renovation of a portion of the - City Hall HVAC system. The below listed quotes were received on .March 9, 20045 • Complete Thermal Services, Inc. $59,715.00 • Control Air Conditioning Corp. $73,265.00 This has been reviewed by the City Attorney and the Director of Community Services and Water. It is hereby recommended that an agreement with Complete Thermal services, Inc., be approved and executed at an approximate amount of $59,715.00. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated August 11, 2004 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8515 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services By and Between the City of Vernon and Complete Thermal Services, Inc. for City Hall Heat and Ventilation System Renovation, was ,presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8515 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 12, 2004, was presented,, advising that at this time it is necessary that the City adopt an ordinanceamendingChapter 1 Section °1.8 of the Vernon City Code. This will allow any violation of the Vernon City Code to be treated as an infraction, at the discretion of the prosecutor,- for a maximum fine of $2,50.00 to non -serious or first time offenders, and increase the penalty for misdemeanors from ,$500.00 to '$1, 000.Q0.. This has been reviewedbythe City Attorney and it is hereby recommended that the following Ordinance be approved. Willard. Yamaguchi, Deputy City Attorney; ,addressed the City ,Council and briefly summarized this matter. Page 5,,of 11 Regular City Council Meeting Minutes August 18, 2004 I't was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August'12, 2004, be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1102 - An Ordinance of the City Council of the City of Vernon Amending Chapter 1 of the Code of the City of Vernon, California, 1959, by Amending Section 1.8 of said Code Regarding Code Violations and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith was read by title for a first reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1102 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales,. Davis, and McCormick Noes: None Absent: None Abstained: None Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 11, 2004, was presented, advising that JC Sales has requested an, additional one-year permit extension ,for their temporary office trailer located,at 2840 E. 26t" Street. The requested extension is due to their new building still being under construction. This has been reviewed by the Director of Community Services and Water and it is hereby recommended that the trailer permit be extended through August 16, 2005,. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the ;City Administrator/City Clerk, dated August 11, 2004, be received and filed and his recommendation approved. Motion carried., Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 11, 2004, was presented, advising that,in accordance with Resolution No. 8454, authorizing a notice inviting bids for the purchase of a 2004 Chevrolet Trailblazer for the Police Department, the following bids were received and opened„on June 29, 2004: Coalinga Chevrolet $24,659.35 Camino Real Chevrolet $25,791.71 Sopp Chevrolet $35,506.00 This has been reviewed by the Police Department and the Purchasing section. I;t is hereby recommended that Bid No. 1435 be awarded to Coalinga Chevrolet, an equipment purchase contract be prepared, and a purchase -order be issued to the selected vendor for the purchase of a 2004.Chevrolet Trailblazer at the approximate cost of $24,659.35. It was moved by Gonzales, seconded `by.Davis, that the aforementioned communication from the City Administrator/City Clerk, dated August 11, 2004, be received and filed and his recommendations approved. Motion carried. Page 6 of 11 Regular City Council Meeting Minutes August 18, 2004 RESOLUTION NO. 8520 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Coalinga Motors, Inc. on Bid No. 1435 for the Purchase of a 2004 Chevrolet Trailblazer for the Police Department and Approving and Authorizing the Execution of a Vehicle Purchase Contract and the I"ssuance of a Purchase order Respecting said Bid, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. ;8520 be approved and adopted. Motion carried.. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 12, 2004, was presented, advising that on July 28, 2004, this legislative body approved the Finance Committee's recommendation to execute'an Assignment and Assumption of an Equipment Purchase Contract with Swanson Engineering & Manufacturing Company and Burke Environmental, Inc. Both have been finalized by the City Attorrey's office and it is hereby recommended that,the assignment and agreement be approved and executed, It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August 12, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8521 - A Resolution of the City Council of the City of Vernon Approving .and Authorizing the Execution of an Assignment and Assumption of :Equipment Purchase Contract By and Between the City of Vernon, ,Nets E. Swanson, dba Swanson Engineering & Manufacturing Company and Burke Environmental, Inc, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8521 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 12, 2004, was presented, advising that on July 28, 2004, this legislative body approved ' the Finance Committee's recommendation to approve Amendment No. Two to the existing Maintenance Agreement with Accurate Telecom, Inc. Amendment No. Two has been finalized by the City Attorney'`s office and it is hereby recommended that said amendment be approved and executed. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August 12,'2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 852-2 -- A Resolution of the City Council of the City of Vernon Approving and.Authorizing the Execution of an Amendment No Two to Equipment Maintenance Agreement By and Between the City of Vernon and Accurate Telecom Inc, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8522 be approved and adopted. Motion carried. Page 7 of 11 Regular City Council Meeting Minutes August 18, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 28., 2004, was presented;, requesting authority _and funds for the below to attend the "CMTA Essentials of Treasury Management Workshop" at Cal Poly Pomona on September 15 through 17, 2004, with an expense allowance of $250.00 and $267.10, respectively. • Sharon Johnson, Deputy City Treasurer 0- Elizabeth Negrete, Senior Account Clerk It was moved by Ybarra, seconded by Davis, that authority and funds be approved.for the above listed personnel to attend the aforementioned workshop with an expense allowance of $250.00 and $267.10, respectively. Motion carried_ Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 28, 2004, was presented, requesting authority and funds for Deputy City Treasurer Sharon Johnson to attend the "How to Write Better and Faster Workshop" at Ontario on October 29, 2004, with an expense allowance of $195.00„ It was moved by Gonzales, seconded ;by McCormick, that authority and funds be approved for Sharon Johnson to attend the aforementioned workshop with an expense allowance of $195.00. Motion carried. Communication from Sol Benudiz, Chief of Police, dated August 5, 2004, was presented, requesting authority and funds for Records Manager Danita Robertson to attend the "California Law Enforcement Association of Records Supervisors Training Conference" at Monterey on October 12 through 15, 2004, with an expense allowance of $965.40, It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Danita Robertson to attend the aforementioned conference with an expense' allowance of $965,40, Motion carried. Communication from Sol Benudiz, Acting Chief of Police, dated August 6, 2004, was presented, requesting authority and funds for Police Officer Maria Garcia to attend the "Drug Abuse Resistance Education In -Service Training Conference" at Long Beach on September 28 through 30, 2004, with an expense allowance of,$81.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for Maria Garcia to -attend the aforementioned conference with an expense allowance of $8`1.00 Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 12, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting - Finance Committee Section, to be held on August 18, 2004, 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 Regular City Council Meeting Finance Committee Section,,held on August 18, 2004, be approved. Motion carried. Page 8 of 11 Regular City Council Meeting Minutes August 18, 2004 Communication from Bruce V.;Malkenhorst, Director of Personnel, dated August 12, 2004, was presented, transmitting the Agenda for the Adjourned Regular City Council Meeting - Personnel Committee Section, to be held on August 18, 2004, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular City Council Meeting - Personnel Committee Section, held on.August 18, 2004, be approved. Motion carried,. RESOLUTION NO. 8517 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8473 By Amending Schedule II (Exhibit "B"), Page 12, and Schedule V (Exhibit "Ell) of said Resolution which Fixed the .Compensation for Certain;; Employees, of said City and Authorized 'Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8517 be approved and adopted. Motion carried. City of Vernon Warrant Register No. 1146 covering claims and demands presented during the period of July 29, 2004 through August 11, 2004 drawn on Bank of America totaling $6,601,53177, which includes Demand Nos. 301981 through 302199, (inclusive), and also excluding, Void Demand Nos. as listed below. (Accounting period August 2004), was presented`: 302003 302004 3`02044 302045 302061 3,02062 302063 302064 302065 302066 It was moved by Ybarra, seconded by Davis, that the City of Vernon Warrant Register No.. 1146 be approved and payment authorized for claims and demands totaling $6.,601,531.77, excluding voided checks as listed above. Motion carried. Light & Power of the City of Vernon Warrant Register No. 111 covering claims and demands presented during the period of July 29, 2004 through August 11, 2004 drawn on Bank of America totaling $1,676,369,35, which includes 'Demand 'Nos. . 500536 through 500597, also excluding void demands nos., as listed below (Accounting period August 2004), was, presented. 500561 500562 500563 500564 500565 500566 I't was moved by Ybarra, seconded by Gonzales, that the Light & Power of the City of Vernon Warrant Register No. 111 be approved and payment authorized for Light & Power's claims and demands totaling $1,676,389.35. 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.578 covering claims and Demands Presented during the period of June 13, 2004 through July 10, 2004,-drawn on Wells Fargo Bank totaling $2,194,702.32, which includes Demand Nos. 8620 through 8636, (inclusive). (Accounting period July 2004), was presented. Page '9 of 11 Regular.City Council Meeting Minutes August 18, 2004 It was moved by Ybarra, seconded by Davis, that the Payroll City of Vernon Warrant Register No. 578 be approved and payment authorized for claims and demands totaling $2,194,702.32. Motion carried. The Mayor called a short recess at 5:49 p.m. The City Council reconvened in regular session at 5:51 p.m., all members present 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 pursuant to Government Code Section 54957,. It was moved by Ybarra, seconded by Gonzales, 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/DISMIS'SAL/RELEASE, the time being 5:52'p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, the City Attorney, Chief of Police, Police Captain, and Assistant City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential: The Chief of Police and Police Captain were excused from closed session at 5:57 p.m. I't was moved by Ybarra, seconded by McCormick, that the Council go out of closed session with respect to employee discipline/dismissal/release matters, pursuant to Government Code Section 54957, the time being 5:58 p.m, Motion carried. It was ,reported out that the City Council had a conferencewith the City Attorney with respect to Government. Code Section 54957, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE and that appropriate direction was given to staff.: The City Clerk announced that now was the time to go into closed session with respect to existing litigation pursuant to subdivision (a) of Government Code '54956.9; It was moved by 'Davis, seconded by Gonzales, to go into closed session with respect to existing litigation matters, pursuant to subdivision (a) of Government Code 54956.9, the time being 5:58 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 City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 10. of 11 Regular City Council Meeting Minutes August 18, 2004 It was 'moved by Gonzales, seconded by Davis, that the City Council go out of closed session with respect to existing litigation matters pursuant to subdivision (a) of Government Code 54956.'-9, and resume regular session, the time being 6:02 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 Brook (claim)„ Kevin Xodegar (claim), Case No. LASC No. BC 295361, and Kenko; Inc. (authorized initiation of litigation). 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 McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 6:02'p-.m. Motion carried. /4 r Leonis C. Malturg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 11 of 11