Loading...
20020626 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 26, 2002, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA LOCATION: VERNON CITY HALL - CITY COUNCIL CHAMBERS 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick MEMBERS ABSENT: Davis The Meeting was called to order by Mayor Malburg at approximately 4:55 p.m. It was moved by Ybarra, secoded by McCormick, that the Minutes of the Regular City Council Meeting held June 5, 2002, be deferred to the next City Council Meeting. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of the Regular City Council Meeting held June 19, 2002, be deferred to the next City Council Meeting. Motion carried. The City Clerk asked that the following communication and Resolution No. 7996 be removed from the agenda at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 10, 2002, advising that at this time, staff is recommending that the City retrofit the existing incandescent traffic signal lamps with Light Emitting Diodes (LED), which are energy efficient (they use one -tenth of the energy consumed by incandescent lamps), have a longer life span, and are cost effective. The total cost provided by PEEK, Signal Maintenance Inc., (SMI), the City's current traffic Signal operations and maintenance contractor, for Phase I, Santa Fe Avenue, is approximately $35,889.00, which includes a five- year warranty on parts and labor. The Utilities Department currently has a Rebate Program for qualifying energy conservation measures, a one-time rebate of $6,228.00; thus, reducing the project's cost to $29,661.00 with a payback period of 2.5 years. This has been reviewed by the City Attorney and it is hereby recommended that an Equipment Purchase and Services Contract with PEEK, Signal Maintenance Inc., for Phase I, Santa Fe Avenue, LED Traffic Signal Lamps, be approved and executed. (Deferred from City Council Meeting held June 19, 2002.) RESOLUTION NO. 7996 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment and Services Agreement By and Between the City of Vernon and Signal Maintenance Inc. Regarding Traffic Signal Lamp Conversion. (Deferred from City Council Meeting held June 19, 2002.) It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated June 10, 2002, and Resolution No. 7996 be removed from the agenda and no further action taken at this time. Motion carried. Adjourned Regular City Council Minutes June 26, 2002 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 City Council at this time. Former Firefighter Greg Lynch addressed the City Council with regard to his termination and asked that the City Council reconsider such action. Mr. Al Reagan addressed the City Council on behalf of former Firefighter Lynch and asked that the City Council reconsider the termination of Firefighter Lynch. Mr. Rod Jeaner introduced himself to the City Council and asked them to reconsider former Firefighter Lynch's termination. Mr. Lynch's father addressed the City Council and asked that they reconsider his son's termination. Mr. Lynch's mother addressed the City Council and asked that the City Council reconsider her son's termination. The City Clerk announced that now was the time to continue the public hearing to consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage transmission facilities and entitlements pursuant to Vernon Transmission Owner Tariff. (Continued from City Council Meeting held June 19, 2002.) It was moved by McCormick, seconded by Davis, to continue the public hearing, the time being 5:12 p.m. Motion carried. The City Attorney addressed the City Council and briefly discussed the ISO's requests and the position it puts the City in. Director of Utilities Kenneth DeDario, addressed the City Council and gave them additional information with regard to future action that may be taken if the City proceeds in this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, was presented, advising that on August 29, 2000, this legislative body established the Transmission Revenue Requirement (TRR) associated with Vernon high voltage transmission for the purpose of becoming a Participating Transmission Owner with the ISO. The TRR and Transmission Owner Tariff were approved by FERC on September 14, 2001, and requires the establishment of a Transmission Revenue Balancing Account Adjustment (TRBAA). Based on a testimony prepared by Peter J. Lanzalotta it hereby recommended that the TRBAA and Appendix I to the Transmission Owner Tariff, implementing the TRBAA, be approved and submitted to the ISO. Page 2 of 8 Adjourned Regular City Council Minutes June 26, 2002 It was moved by Gonzales, seconded by Ybarra, to close the public hearing, the time being 5:18 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated May 30, 2002, and any and supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7980 - A Resolution of the City Council of the City of Vernon Establishing the Transmission Revenue Balancing Account Adjustment in Accordance with Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7980 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 20, 2002, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held June 19, 2002, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the Minutes of the Adjourned Regular Finance Committee Meeting held June 19, 2002, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 20, 2002, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting to be held June 20, 2002, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the Minutes of the Adjourned Regular Finance Committee Meeting held June 20, 2002, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 20, 2002, was presented, transmitting the Agenda for the Regular Finance Committee Meeting to be held June 25, 2002, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations on the Agenda for the Regular Finance Committee Meeting held June 25, 2002, be approved. Motion carried. RESOLUTION NO. 8012 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: City Administrator/City Clerk, Community Services and Water, Fire, Police and Utilities, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8012 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the public hearing to consider the adoption of the proposed budget for fiscal year 2002-2003. Page 3 of 8 Adjourned Regular City Council Minutes June 26, 2002 It was moved by McCormick, seconded by Ybarra, to open the public hearing regarding the adoption of the proposed budget for fiscal year 2002-2003, the time being 5:22 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 20, 2002, was presented, advising that the Finance Committee has completed their review of the proposed budget for fiscal year 2002-2003. It is hereby recommended that the proposed budget be approved and a Resolution adopted. It was moved by Ybarra, seconded by McCormick, to close the public hearing, the time being 5:23 p.m. Motion carried. RESOLUTION NO. 8005 - A Resolution of the City Council of the City of Vernon Establishing a General Government Appropriations Limit for the Fiscal Year Ending June 30, 2003 Pursuant to Government Code Section 7910, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8005 be approved and adopted. Motion carried. RESOLUTION NO. 8006 - A Resolution of the City Council of the City of Vernon Approving a Budget for the Fiscal year 2002-2003, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8006 be approved and adopted. Motion carried. The City Clerk asked that the following resolution be deferred to the next City Council Meeting. RESOLUTION NO. 8007 - A Resolution of the City Council of the City of Vernon Fixing the Compensation for Certain Employees of Said City as of July 1, 2002, Authorizing Certain Expense Allowances and Repealing all Resolutions in Conflict Therewith. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8007 be deferred to the next City Council Meeting. Motion carried. RESOLUTION NO. 8009 - A Resolution of the City Council of the City of Vernon Approving the Payment of Premiums for Insurance for Life, Health, Vision and Dental Benefits for Certain Categories of Employees During the 2002-2003 Fiscal Year, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8009 be approved and adopted. Motion carried. RESOLUTION NO. 8010 - A Resolution of the City Council of the City of Vernon Approving the Continued Payment of Premiums for Medical -Dental Insurance for Certain Categories of Retired Employees During the 2002-2003 Fiscal Year. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8010 be approved and adopted. Motion carried. Page 4 of 8 Adjourned Regular City Council Minutes June 26, 2002 RESOLUTION NO. 8008 - A Resolution of the City Council of the City of Vernon Making Appropriations for the Operating Costs of the Redevelopment Agency of the City of Vernon for the Fiscal Year 2002-2003, and Confirming the Availability of Loans Pertaining Thereto, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8008 be approved and adopted. Motion carried. Communication from Gloria Orosco, Library Secretary, dated June 20, 2002, was presented, advising that the terms of Library Trustees William Davis and Hilario Gonzales, expires on June 30, 2002, and it is hereby recommended that Mr. William Davis and Mr. Hilario Gonzales be re -appointed to a new three- year term commencing July 1, 2002. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the Library Secretary, dated June 20, 2002, be received and filed and her recommendation approved. Motion carried. RESOLUTION NO. 8011 - A Resolution of the City Council of the City of Vernon Reappointing Hilario Gonzales and William J. Davis to Serve as Trustees on the Board of Library Trustees, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8011 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 20, 2002, was presented, advising that on June 5, 2002, the City Council approved Resolution No. 7978 recommending that the City provide additional retirement benefits (3% @ 50 Full Formula) to the Police Department's Sworn Personnel and amend the contract with CalPERS. At this time it is necessary that Ordinance No. 1087 be adopted approving and authorizing the amendment to the contract between the Board of Administration of the Public Employees' Retirement System. This has been reviewed by the Legal Counsel and it is hereby recommended that Ordinance No. 1087 be approved and adopted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated June 20, 2002, be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1087 - An Ordinance of the City Council of the City of Vernon Approving and Authorizing an Amendment to the Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Vernon and Declaring That Said Ordinance Shall Take Effect Immediately, was read in its entirety. First and final reading. Page 5 of 8 Adjourned Regular City Council Minutes June 26, 2002 It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1087 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, McCormick Noes: None Absent: Davis Abstain: None The City Clerk asked that the following resolution be removed from the agenda. RESOLUTION NO. 7985 - A Resolution of the City Council of the City of Vernon Regarding Expense Reimbursement. (Deferred from City Council Meeting held June 19, 2002.) It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7985 be removed from the agenda and no further action taken at this time. Motion carried. The Mayor called a short recess at 5:28 p.m. The City Council reconvened in regular session at 5:31 p.m., all members present before the recess again being present. The City Clerk announced that there was nothing to be discussed on Item Nos. 1 and 2. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code § 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION 2. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classifications The City Clerk announced that now was the time to go into closed session on Item No. 3. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item No. 3, the time being 5:32 p.m. Motion carried. All persons were excused from closed session with the exception of the City Administrator/City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 6 of 8 Adjourned Regular City Council Minutes June 26, 2002 3. With respect discussed in closed session Government Code § 54956.9. to every item of business to be pursuant to subdivision (a) of CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (b) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (c) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (d) Vernon v. All Persons; LASC No. BC 222145; CA B148676; (e) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; Shell Chemical Company, et al. v. County of Los Angeles, et al., USDC Case No. 00-01917 MRP (MANx); Phillips Petroleum Company, et al., v. County of Los Angeles, et al., USDC Case No. CV00-01938 MRP (MANx); (f) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (g) Alameda Corridor Transportation Authority, etc. v. City of Vernon, etc., et al., LASC Case No. BC 238846 cons. with City of Vernon v. Alameda Corridor Transp. Auth., LASC Case No. BC 238841; (h) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ERO1-313 (ISO); FERC Docket Nos. EL00-95- 022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95- 023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95- 024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95- 025/EL00-98-024 (SCE); FERC Docket No. ER01-1579 (ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RTO1-82 (SDG&E), RT01-83 (PG&E), RTO1-85 (ISO) and RTO1-92 (SCE); SRP v. ISO, FERC Docket No. EL01-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-250 ((ISO); FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02-636 (SCE); FERC Docket No. ER02- 637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-925 (SCE) ; (i) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (j) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (k) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; (1) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (m) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (SRP & SMUD v. PX); (n) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); Page 7 of 8 Adjourned Regular City Council Minutes June 26, 2002 (o) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (p) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (q) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (r) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (s) Risk Enterprise Management Co., etc. v. Vernon; LASC No. VC037028; (t) Damon Construction Company v. Amelco Construction, etc. et al., LASC No. HP 02C00672; It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session on Item No. 3 and resume regular session, the time being 5:40 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney be authorized to execute the letter agreement for legal services dated June 24, 2002, with Nielsen, Merksamer, Parrinello, Mueller & Nayolor, LLP on behalf of the City and in connection with issues raised in the matter of City of Vernon v. Vernon Property Association; Case No. B148676. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn, the time being 5:42 p.m. Motion carried. ATTEST: ` Bruce V. Malkenhorst City Clerk Leo is C. Mal u r g Mayor Page 8 of 8