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20041103 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 3, 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 McCormick, seconded by Davis, that the Minutes of the Regular City Council Meeting held October 20, 2004, be approved and adopted as submitted. Motion carried. The following employees were unable to attend the meeting and their pins were accepted by their respective department heads:: Miguel Zendejas Police Officer 5 years Armando Hinojos Systems Coordinator I, 10 years The City Clerk advised that :now was the time to'. present the Police Department's Merit'Bar Award to Police' Detective Daniel Santos for his outstanding performance in his investigative efforts and technical skills. The Chief of Police gave a brief_ summary of the details of and how the award was achieved by 'Detective Daniel Santos The Mayor congratulatedDetective Santos. The City Attorney addressed the City Council and advised that there were two items to be discussed in close session that needed immediate action and were brought up to his attention after the posting of the agenda. It was moved by Gonzales, seconded by Davis, that the items be added to the close session matters.: Motion carried. Police Department Activity Log for the period October 16 through 31, 2004, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the ,period October 16 through 31, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period `October 16 through 31, 2004, was presented. " It was moved by Ybarra„.seconded by McCormick, that the Fire Department Activity Report for the period October 16 through 31, 2004, 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. Regular City Council Meeting Minutes November 3, 2004 There was no one who wished to address the City Council at this time. .Kevin Wilson:,, Director of Community Services: and Water, asked that the following public hearing and Resolution. No. 8570, be continued to the next City Council Meeting - Public Hearing -_to receive testimony regarding the City of Vernon's intention to vacate a portion of Packers Avenue from Alcoa Avenue to Downey Road,, except the easternmost 120 feet thereof in accordance with division 9 of the Streets and Highway Code of the State of California (commencing with Section 8300) otherwise known as the Public Streets, Highways and „ Service Easements Vacation law. (Continued from City Council Meeting held on October 2G, 2004) Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 13, 2004, advising that on September 15, 2004, this legislative body approved the scheduling of a public hearing, in accordance with Division 9 of the Streets and Highway Code (Section 8300), to receive testimony regarding the City's intention to vacate a portion, of Packers Avenue from Alcoa Avenue to Downey Road. Masterfoods USA, has requested said vacation to use the parcel for future business expansion. Herewith are the f-ollowing documents;! • Staff Report dated August.19, 2004 • Affidavit of Posting of the Notice of Public Hearing • 'Proof of Publication This has been reviewed by the Director of -Community Services and Water and the City Attorney and it is hereby recommended to vacate the requested portion of Packers Avenue. RESOLUTION NO. 8570 - A Resolution of the City Council of the City of Vernon Vacating a Portion. of Packers Avenue Between Downey Road and Alcoa Avenue. (Continued from City Council Meeting held on October 20, 2004) It was moved by Gonzales, seconded by Davis, to continue the public hearing to the next City Council Meeting, Motion carried. Kevin Wilson, Director of Community Services and - Water, asked that the following communication dated October 14, 2004 and Resolution No. 8571, be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst,'City Administrator/City Clerk, dated October 14, 2004, advising that in September 1964, this legislative body approved a Master Plan of Streets for the City of Vernon, which has been amended as needed. The plan has been reviewed and at this time it is necessary that the following changes be approved:: Page 2 of 11 Regular City Council Meeting Minutes November 3, 2004. Existing Proposed Existing Proposed. Street Segment Right -of- Right -of- Curb -to- Curb -to - Way Width Way Width curb Width Curb width Soto Street Bandini Blvd. to 80 feet 100 feet 56 feet 84 feet 26"i Street Soto Street to 26th Street 400-feet East of 60 feet 66 feet 44 feet Variable Soto Street Atlantic Los Angeles River Blvd. to District Blvd. 100 feet 110 feet 80 feet Variable ,Atlantic District Blvd. to Blvd. 52"d Drive 100 feet 100 feet 80 feet Variable Washington City Limit to ' B1-vd. Downey Road 90 feet 100 feet 80 feet 84 feet Packers Alcoa Ave. to 120 ft. Vacated City Council Meeting scheduled October 20, Avenue East of 2004 Downey Rd. (Remove from Master Plan of Streets Map) This has been reviewed by the Director of Community Services and Water and the City Attorney and :it is hereby recommended that the amendments to the Master Plan of Streets for the City of Vernon be approved. (Deferred from City Council Meeting held on October 20, 2004) RESOLUTION NO. 8571. - A Resolution of the City Council of the City of Vernon Approving and Adopting a Revised City of Vernon Master Plan of Streets„ (Deferred from City Council Meeting held on October 20, 2004) It was moved by Ybarra, seconded by McCormick, that the aforementioned communication and resolution be deferred to the next City Council Meeting. Motion carried. The City Clerk asked that the following resolution be removed from the City.Council agenda. RESOLUTION NO. 8569 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Revised 'Term Sheet in Connection with the Financing of the City's Electric System and the Refinancing of the Bonds the City Issued for the Malburg Generating Station Project with Goldman Sachs and Authorizingthe City to do all Other Actions Deemed T Necessary or Advisable Concerning the Refinancing Process. (Deferred from City Council Meeting held October 20, 2004) It was moved by Ybarra, seconded by Davis, that Resolution No. i8569 be removed from the City Council agenda. Motion carried-. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 28, 2004, was presented, advising that in accordance with Ordinance No. 1067, adopted December 1998, any solid waste collection company doing business in Vernon is required, to apply for a solid waste non-exclusive franchise agreement with the City. The franchise agreement requires the submission of waste generation and recycling reports' and a franchise fee on gross receipts Page 3 of 11 u Regular City Council Meeting Minutes November 3, 2004 Looney Bins, Inc., has submitted a solid waste non-exclusive franchise agreement package to include: two original agreements, insurance documentation, and a perfoxmance.bond instrument. This has been reviewed by the Director of Environmental Health and the City Attorney. It is hereby recommended that the solid waste non -'exclusive franchise agreement with Looney Bins, Inc,, be approved. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 28, 2004 be received and filed and his recommendation approved. Motion carried. RESOLUTION N0. 8586 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Non -Exclusive Solid Waste Franchise Agreement Pursuant to Article VI of Chapter 12 of the Vernon 'City Code By and Between the City of Vernon and Looney Bins, Inc., was presented It was moved by Ybarra, seconded by McCormick, that Resolution No. 8586 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated October 27, 2004, was presented, ' advising that the bids received and opened on October 26, 2004, according to Contract No. 576, Citywide Traffic Lane Stripping, are as follows: PCI $34,362„.50 - Sudhakar Company International $44,480.00 California Traffic Maintenance $48,260.00 Traffic Operations, Inca $49,740.00 Stendahl Enterprises, Inc. $52,990.00 The bids have been reviewed and it is hereby recommended that this contract be awarded to PCI on the, basis of their bid of $34,362.50„ I't was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and.Water, dated October 27, 2004 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO, 8581 - A Resolution of the City Council of the City of Vernon Accepting the Bid of PCI for the Citywide traffic Lane Striping 2004-2005 in Accordance with Contract No. 576 of: the City of Vernon and Approving the Execution of Said Contract, was presented. It.was moved by McCormick-, seconded by Davis, that Resolution No. 8581 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October'13, 2004, was presented, advising that on May 26, 2004, this legislative body approved the Finance Commi:ttee',s recommendation to approve an equipment purchase contract with Mobile Vision to supply the Police Department with mobile -vision in -.car video cameras. Page 4 of 11 Regular City Council Meeting Minutes November 3, 2004 The contract has been finalized by the City Attorney's office and it is hereby recommended that the following resolution be' approved. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated October 13, 2004 be received and filed and his recommendation approved.- Motion carried. .b RESOLUTION NO. 8591 - 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 Mobile Vision, , Inc. for In -Car Video Camera Systems for Police Department, was presented, It was moved by Davis,, seconded, by Gonzales, that Resolution No. 8591 be approved and adopted. Motion carried. 21 Communisation from Bruce V. Malkenhorst; City Administrator/City Clerk, dated October 28, 2004, was presented, advising that on June 2, 2004, this legislative body approved the Finance Committee's recommendation to approve a contract; with 911Vehicle.Com to provide the Police Department with removal and installation services of emergency vehicle equipment The contract has been finalized by the City Attorney's,office 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 October 28, 2004 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO, 8592 - 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 '911Vehicle.Com for Emergency Equipment for Police Department, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8592 be approved and adopted, Motion carried. Communication from Sol Benudiz, Acting Chief of Police, dated October`8, 2004, was presented, requesting authority and funds for Lieutenant James Rodino to.attend the "Polygraph Work Conference" at San Diego on December 13 through 17, 2004, with an expense allowance of $1,422.65. It was moved by Ybarra, seconded by Davis, that authority and 'funds be approved for Lieutenant James Rodino to attend the aforementioned conference with an expense allowance of $1,422.65, Motion carried. Communication from, Sol Benudiz, Acting Chief of Police, dated October 13, 2004, was presented, requesting authority and funds for the below listed police personnel to attend -the "Heal the Clutter Training" at Long Beach on November 10, 2004, with an expense allowance of $34.00 each. Page 5 of 11 Regular City Council Meeting Minutes November 3, 2004 • Danita Robertson, Records Manager • Elizabeth Sawickis,'Records Manager Assistant It was .moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed police personnel to attend the aforementioned training with an expense allowance of $34:.00 each. Motion carried. Communication from Sol Benudiz, Acting Chief of -Police, dated October 12, 2004,-was presented, requesting authority and funds for the below listed police personnel to attend the "Background Investigation Course"at Santa Rosa on December 6' through 9, 2004, with an expense allowance of $811.24, of which' POST will reimburse $722.20 each. • Jerry Winegar, Sergeant • Mason Chancey, Police Officer It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed police personnel to attend the aforementioned course with an expense allowance of $811._24 each. Motion carried. Communication from Sol Benudiz, Acting Chief of Police, dated October 13, 2004, was presented, requesting authority and funds for the below listed Dispatchers to attend the "Dispatcher Update Training" at Downey on December 1 through 3, 2004, with an expense allowance of $60.80, of which POST will reimburse $39.60 each. • Belinda Mejia • Alexandra Ronquillo It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the above listed, Dispatchers to attend the aforementioned training with an expense allowance of $60.80 each. Motion carried. Communication from Sol Benudiz, Acting Chief of Police, dated October 19, 2004, was presented, requesting authority and funds for the below listed Police Officers to attend the "Pursuit Driver Training" at San Bernardino on November 29, 2004, with an, expense allowance of $222.80,'of which POST will reimburse $207.76 each. • Brandon Gray • Fernando Rodriguez • Gustavo Herrera, • Roberto Sousa + Christian Moscoso • Jose Urita • Daniel oneil • Fernando Valenzuela • Salvador Ramos • Miguel Zendejas It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed Police Officers to attend the aforementioned training with an expense allowance of $222.80 each. Motion carried. Page 6 of 11 Regular City Council Meeting Minutes November 3, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 20, 2004,' was presented, requesting authority and funds for Risk Manager/Personnel .Assistant Joan Francone to attend, the "PARMA Conference" at Anaheim on February 6 through 9, 2005,'with an expense allowance of,$925.86. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Joan Francone to attend the aforementioned seminar with an expense allowance. of $925,86. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 28, 2004, was ,presented, transmitting the Minutes for the Regular City Council Meeting - Finance Committee Section,held on October 26, 2004, for approval of the recommendations - contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations on the Minutes for the Regular City Council Meeting - Finance Committee Section, held on October 26, 2004,, be approved. Motion carried. Communication from Bruce V.'Malkenhorst, Director. of Finance, dated October 281, 2004, was presented, transmitting the Agenda for the Adjourned City Council Meeting -- Finance Committee Section, held on November 3, 2004, for approval f the recommendations contained therein It was moved by Ybarra, seconded .by Davis, that the; recommendations on the Agenda for the Adjourned City'November 3, 20,04, be approved. Motion carried. IfESOLUTION NO. 8582 - A Resolution of the City Council of the City of Authorizing the Issuance of Request for Proposal for Emergency'Repair Services for City's Water and Sewer Systems, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8582 approved and adopted. Motion carried. RESOLUTION NO. 8583 - A Resolution, of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Two to Agreement for Professional Consulting Services By and Between the City of Vernon and WRMS Engineering, Inc., a Wholly -Owned Subsidiary of Calpne Corporation, for the Malburg Generating Station Project, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8583 approved and adopted. Motion carried. RESOLUTION NO. 8584 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Fifth Amendment to Contract for Procurement, Construction and Startup By and Between the City of Vernon and Marelich Mechanical Co., Inc., dba University Marelich Mechanical & Galliera, Inc., dba Trico Construction for the Malburg Generating Station Project, was presented. Page 7 of 11 Regular City Council Meeting Minutes November 3, 2004 It was moved by Gonzales;, seconded by Ybarra, that Resolution No. '8584 approved and adopted. Motion carried. RESOLUTION NO. 8585 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and Nichols Consulting Engineers, Chtd. to Implement a Pavement Management System, was presented. It was moved by McCormick, seconded by Davis, that Resolution No, BS 5 approved and adopted. Motion carried. RESOLUTION NO. 8587 - 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 J.D. Hicks & Associates, was presented. It was moved by Ybarra;, seconded by Davis, that Resolution No. 8587 approved and adopted. Motion carried. RESOLUTION NO. 8588 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Software Source Code and Support Services Agreement By and Between the City of Vernon and David J. Roupe, dba D.J. Roupe & Associates, was presented, It was moved by Gonzales, seconded by McCormick, that Resolution No. 8588 approved and adopted. Motion carried. RESOLUTION NO. 8589 - 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 Hills Brothers Chemical Co.. for the Malburg Generating Station Project, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No; 8589 approved and adopted. Motion carried. RESOLUTION NO. 8590 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution"of an Agreement for Professional Consulting Services By and Between the City of Vernon and Applied Engineering Concepts for the Malburg Generating Station Project, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8590 approved and adopted. Motion carried. RESOLUTION NO. 8593 - A Resolution of the City Council of the City of Vernon Amending Resolution No, 8472, which Approved a -Budget for the Fiscal Year 2004-2005, to Reflect Changes, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8.593 .approved and adopted., Motion carried. RESOLUTION NO. 8594 - A Resolution of the City Council of the City of Vernon Amending Resolution No;. 8473 by Amending Schedule II (Exhibit "B") of said Resolution which. Fixed the Compensation for Certain Employees of said City and Authorized Certain Expense Allowances, was presented. Page 8 of 11 Regular City Council Meeting Minutes November 3, 2004 It was moved by Gonzales, seconded by McCormick, that Resolution No. 8594 approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 28, 2004, was presented, transmitting the Agenda for the Regular City Council Meeting - Personnel, Committee Section, to be held on November 2, 2004, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular City Council Meeting - Personnel Committee Section, held on November 3, 2004, be approved_ Motion carried. City of Vernon.Warrant Register No. 1151 covering claims and demands presented during the period of October 14,, 2004 through October 27, 2004 drawn on Bank of America totaling $592,269.76, which includes Demand Nos. 303066 through 303284 (inclusive), and also excluding, Void Demand Nos. as listed below. (Accounting period November 2004), was presented 303091 303138 303139 303140 303141 i 303142 $ 03143 It was moved by Davis, seconded by Gonzales,, that the City of Vernon Warrant Register No. 1151 be approved and payment authorized for claims and demands totaling $592,269.76, excluding voided checks as .listed above. Motion carried. Light & Power of the City of Vernon Warrant Register No. 116 covering claims and demands presented during the period of October 14, 2004 through October 27, 2004 ,drawn on Bank of America totaling $5,142,991.92, which includes Demand Nos. 500823 through 500861 (inclusive), also excluding Void Demands Nos., as listed below. (Accounting period November 2004), was presented: 500838 500839 500840 500841 500842 500843 It was moved by Ybarra„ seconded by McCormick, that, - the Light & Power of the City of Vernon Warrant Register No: 116 be approved and payment authorized for 'Light & Power's claims and demands totaling $5,142,991,92. 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 5:33 p.m. The City Council reconvened in regular session at 5:40' 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 Sect -ion 54957,. It was moved by Davis, seconded by McCormick, 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 5:55 p.m. Motion carried. Page 9 of 11 Regular City Council Meeting Minutes November 3, 2004 All persons were excluded from closed session with the exception of the City Administrator/City Clerk, the City Attorney, Assistant to the City Attorney, Mr. Crane, Mr. Karns, Mr. Harrison, Chief of Police, and Police Captain. 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 5:43 p.m. It was moved by Gonzales, seconded by Davis, 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 `5:45 p.m. Motion carried. It was reported out that'the City Council had a conference with ,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 (b) of Government Code 549S6.9, It was moved by Gonzales, seconded by McCormick, to go into closed session, with respect to existing -litigation matters, pursuant to subdivision (b) of Government Code 54956.9, thetime 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, Assistant to the City Attorney, Mr. Crane, Mr. Karns, and Mr. Harrison. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was .moved by McCormick, seconded by Davis, that :the City Council go out of closed session with respect to existing litigation matters pursuant to subdivision ('b) of Government Code 54956,9, and resume regular session, the time being 5:55,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 matter of significant exposure 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 Ybarra, that the meeting be adjourned, the time being 6:06 p.m. Motion carried. Page 10 of 11