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20030716 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 16, 2003, 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 Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held July 2, 2003, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 9, 2003, was presented, advising that the below listed employees qualified in the month of June 2003 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 06/25/01 David LeDuff Environmental Specialist 2 O1/07/91 Bradley Mack Firefighter 2 06/07/99 Judy Lehr Legal Secretary 4 06/22/98 Otis Smith Electrical Engineer 5 06/28/89 Carol Dacey Customer Service Manager 9 06/01/94 John Salomon Information Technology Manger 9 06/11/90 Christopher Romero Administrative Aide I 10 03/16/86 Robert Martinez Utilityman III 11 05/19/86 Fernando Rodriguez Sergeant 11 04/27/88 Solomon Benudiz Police Captain 12 08/30/87 Juan Arellano Utilityman II 13 02/21/82 Jose Cervantes Utilityman II 14 12/21/87 Victor Trujillo Utilityman II 15 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 head. 06/18/01 Kent Stevenson 11/28/79 Mason Chancey 09/01/78 Vincent Washington 06/27/82 Kevin Wilson 09/18/89 Jeffrey Graves 04/22/80 Steven Towles 04/28/85 Donald Quiroz 09/03/85 David Zapien 04/01/84 Gary Sawyer Police Officer 2 Police Officer 4 Utilityman II 5 Director of Community Services and Water 5 Firefighter 8 Lieutenant 8 Facilities Coordinator 9 Sergeant 12 Utilityman II 13 The Mayor called a short recess at 5:08 p.m. The City Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Regular City Council Meeting Minutes July 16, 2003 Police Department Activity Log for the period July 1 through 15, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period July 1 through 15, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period July 1 through 15, 2003, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period July 1 through 15, 2003, be received and filed. Motion carried. Risk Management Report for the month of June 2003, was presented. It was moved by Gonzales, seconded by McCormick, that the Risk Management Report for the month of June 2003, be received and filed. Motion carried. Health Department Report for the month of June 2003, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of June 2003, 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 on. There was no one wishing to address the City Council at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 10, 2003, was presented, advising that this legislative body approved Resolution No. 7946, authorizing a Request for Proposal for a Building and Safety Permit Tracking Software System. On May 2002, the Community Services and Water Department received and reviewed the following proposals: • HDL Companies $38,000.00 plus travel time, Annual Maintenance $5,600.00. • Accela $45,000.00 plus travel time, Annual Maintenance $8,500.00. • CRW Associates $76,000.00 plus travel time, Annual Maintenance $7,000.00. This has also been reviewed by the Information Technology Division and it is hereby recommended that the proposal from HDL Companies be accepted for the purchase & support of said software and an agreement be approved & executed. Page 2 of 11 Regular City Council Meeting Minutes July 16, 2003 It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated July 10, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8251 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Permit Tracking System By and Between the City of Vernon and HDL Software, LLC, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8251 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 10, 2003, was presented, advising that it is necessary to retain the services of Tetra Tech Inc., to assist the City with Contract No. 580, Recycled Water Pipeline Extension. Based on Tetra Tech's knowledge and past experience with the City's pipelines the Community Services and Water Department is requesting that their services be retain. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that Amendment No. One to the existing Professional Consulting Agreement with Tetra Tech, Inc., be approved and executed at a cost not -to -exceed $193,356.00. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated July 10, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8250 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for Professional Consulting Services By and Between the City of Vernon and Tetra Tech, Inc., was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8250 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 10, 2003, was presented, recommending that the City Administrator be authorized to manage the Malburg Generating Station Project Electric Systems Revenue Bonds, which were the subject of an interest rate SWAP Agreement. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated July 10, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8247 - A Resolution of the City Council of the City of Vernon Authorizing the Entry into One or More Interest Rate Swap Transactions and Certain Actions Relating Thereto, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8247 be approved and adopted. Motion carried. Page 3 of 11 Regular City Council Meeting Minutes July 16, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 10, 2003, was presented, recommending that the City retain the Consulting Services of Concept Engineering Group, LLC, to continue to provide educational and informational related services to the City, with no change in the terms or fees, effective August 14, 2003. It was moved by Davis, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated July 10, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8253 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and Concept Engineering Group, LLC, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8253 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 10, 2003, was presented, advising of the need to continue with construction of the Malburg Generating Station with minimal delays and therefore it is hereby recommended that authority be granted to the City Administrator to approve any purchases and/or execute any agreements that are considered to be urgent or that need immediate action or approval. Any purchases over $20,000 that need immediate approval will thereafter be presented to the Finance Committee for ratification as well as any consulting agreements/contracts over $25,000. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated July 10, 2003, be received and filed; and authorization be granted to submit to the Finance Committee for recommendation to the City Council to ratify such/each action. Motion carried. RESOLUTION NO. 8252 - A Resolution of the City Council of the City of Vernon Authorizing the City Administrator to Make Necessary Purchases on Behalf of the City of Vernon in Connection with the Construction of the Malburg Generating Station Project, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8252 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated June 11, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Water Distribution Certification Review: D1 and D2 Course" at Rancho Cucamonga on August 6 and 7, 2003, with an expense allowance of $87.90 each. • Anthony Hinojos, Utilityman IV • Marco Reynoso, Utilityman III Page 4 of 11 Regular City Council Meeting Minutes July 16, 2003 It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above -mentioned employees to attend the aforementioned course with an expense allowance of $87.90 each. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated June 24, 2003, was presented, requesting authority and funds for Water Operations Supervisor Scott Rigg to attend the "Vulnerability Assessments for Small and Medium Water and Wastewater Seminar" at Anaheim on August 5 and 6, 2003, with an expense allowance of $743.00. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Water Operations Supervisor Scott Rigg to attend the aforementioned seminar with an expense allowance of $743.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 1, 2003, was presented, requesting authority and funds for Assistant Records Manager Elizabeth Sawickis to attend the "California Law Enforcement Association of Records Supervisors Seminar" at Ontario on September 29, 2003 through October 3, 2003, with an expense allowance of $405.00. It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for Assistant Records Manager Elizabeth Sawickis to attend the aforementioned seminar with an expense allowance of $405.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 2, 2003, was presented, requesting authority and funds for the below listed Sergeants to attend the "TASER Instructor Training" at Fresno on August 7 and 8, 2003, with an expense allowance of $337.08 each. • Rex Hill • Roberto Sousa It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above -mentioned employees to attend the aforementioned training with an expense allowance of $337.08 each. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated July 9, 2003, was presented, requesting authority and funds for Fiber Optic & Traffic System Manager Ali Nour to attend the "Negotiating Carrier to Carrier Telecom Deals Conference" at San Francisco on July 24 and 25, 2003, with an expense allowance of $1,468.02. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Fiber Optic & Traffic System Manager Ali Nour to attend the aforementioned conference with an expense allowance of $1,468.02. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 9, 2003, was presented, transmitting the Minutes for the Regular Finance Committee Meeting held on July 8, 2003, for approval of the recommendations contained therein. Page 5 of 11 Regular City Council Meeting Minutes July 16, 2003 It was moved by McCormick, seconded by Gonzales, that the recommendations on the Minutes for the Regular Finance Committee Meeting held on July 8, 2003, be approved. Motion carried. RESOLUTION NO. 8248 - 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 (IT), Community Services And Water, Fire And Police, Pursuant To Section 2.31 Of The Vernon City Code, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8248 be approved and adopted. Motion carried. RESOLUTION NO. 8249 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Support Services Contract By and Between the City of Vernon and Hewlett-Packard Company, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8249 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 9, 2003, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held on July 16, 2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations on the Agenda for the Regular Personnel Committee Meeting to be held on July 16, 2003, be approved. Motion carried. Warrant Register No. 1118 covering claims and demands presented during the period of June 26, 2003 through July 9, 2003, drawn on Wells Fargo Bank totaling $471,357.14, which includes demand nos. 211309 through 211503, (inclusive), and also excluding Utilities' demands (Accounting period July 2003). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1118 be approved and payment authorized for claims and demands totaling $471,357.14. Motion carried. Warrant Register No. 1118 covering claims and demands presented during the period of June 26, 2003 through July 9, 2003, drawn on Wells Fargo Bank totaling $323,929.51, which includes Utilities' demands nos. as listed below: (Accounting period July 2003). 211310 211315 211316 211317 211320 211324 211328 211332 211335 211342 211344 211346 211350 211353 211354 211359 211362 211369 211373 211384 211385 211393 211402 211423 211429 211430 211431 211438 211440 211444 211453 211457 211462 211463 211464 211470 211481 211485 211489 211492 211501 211502 Page 6 of 11 Regular City Council Meeting Minutes July 16, 2003 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1118 be approved and payment authorized for Utilities' claims and demands totaling $323,929.51. 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 Warrant Register No. 565 covering claims and demands presented during the period of May 18, 2003 through June 14, 2003, drawn on Wells Fargo Bank totaling $1,862,880.37, which includes demand nos. 8146 through 8185 (inclusive). (Accounting Period: June 2003). It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 565 be approved and payment authorized for claims and demands totaling $1,862,880.37. Motion carried. The City Clerk asked that the following resolution be removed from the agenda. RESOLUTION NO. 8246 - A Resolution of the City Council of the City of Vernon Regarding Expense Reimbursements by City Officials and Repealing Resolution No. 7885. It was moved Ybarra, seconded by Davis, that the aforementioned resolution be remove from the agenda. Motion carried. The City Clerk asked that the following communication and resolution be referred to the Finance Committee for further review. Communication from Eduardo Olivo, City Attorney, dated July 10, 2003, advising that Amendment No. One to the existing Consulting Agreement with the Law Firm of David B. Brearley needs to be approved to extend the period through June 30, 2004 to continue providing Legal Services — It is hereby recommended that Amendment No. One to the existing Consulting Agreement with the Law Firm of David B. Brearley be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Attorney, dated July 10, 2003, be referred to the Finance Committee for further review. Motion carried. RESOLUTION NO. 8225 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for Legal Consulting Services By and Among the City of Vernon, the Redevelopment Agency of the City of Vernon and the Law Offices of David B. Brearley. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8225 be deferred to a later date. Motion carried. Page 7 of 11 Regular City Council Meeting Minutes July 16, 2003 The Mayor called a short recess at 5:30 p.m. The City Council reconvened in regular session at 5:36 p.m., all members present before the recess again being present. The City Clerk advised that now was the time to go into closed session on Item No. 1. It was moved by McCormick, seconded by Ybarra, that the City Council go into closed session on Item No. 1 the time being 5:36 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on and resume regular session, the time being 5:40 p.m. Motion carried. The City Clerk advised that there was nothing to discuss on Item No. 2 and that now was the time to go into closed session on Item Nos. 3, 4, 5, and 6. 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54957. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classification It was moved by Davis, seconded by Gonzales, that the City Council go into closed session on Item Nos. 3, 4, 5, and 6 the time being 5:41 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, and 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. Page 8 of 11 Regular City Council Meeting Minutes July 16, 2003 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (b) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (c) 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); (d) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (e) 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; (f) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ER00-105 (Vernon); FERC Docket No. ER01-313 (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); FERC Docket No. 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), RTO1-83 (PG&E), RTO1-85 (ISO) and RTO1-92 (SCE); FERC Docket No. ELO1-84 (SRP v. ISO); City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-1656 (ISO); FERC Docket No. EL02-103 (Vernon); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-14 (Azusa); FERC Docket No. EL03-15 (Anaheim); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL03-21 (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); FERC Docket No. ER03-219 (ISO); FERC Docket No. ER03-338 (SCE); FERC Docket No. PA02-2-001; FERC Docket No.ER03-310 (ISO); FERC Docket No. ER03-407 (ISO); FERC Docket No. EL03-54 (Anaheim, et al, v. ISO) (g) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (h) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (i) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (j) 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); (k) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (1) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; Page 9 of 11 Regular City Council Meeting Minutes July 16, 2003 (m) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (n) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (o) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (p) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (q) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (r) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; (s) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW (MCx) ; (t) Jessica Rodriguez v. Vernon; WCAB Case No. Unassigned; (u) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); 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. 5. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case. 6. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: J. RODRIGUEZ Agency Claimed Against: CITY OF VERNON It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on and resume regular session, the time being 5:46 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the services of the Law Office of Dennis Negron be retained. Motion carried. It was moved by Gonzales, seconded by McCormick, that the initiation of the Legal Action on ERC Sales Agreement dated May 1, 2002, between Tidelands Oil Production Company and the Citv of Vernon be authorized. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Liability Claim from J. Rodriguez be denied. Motion carried. Page 10 of 11 I Regular City Council Meeting Minutes July 16, 2003 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn, the time being 5:47 p.m. Motion carried. 'Leonis C. Malburg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 11 of 11