20041201 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR ,CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD DECEMBER 1, 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 Gonzales, that
the Minutes of the Regular City Council Meeting held November
17, 2004, be approved and adopted as submitted. Motion carried.
The City Attorney addressed the City Council and
advised that with respect to legal counsel - existing
litigation, Case Nos. 01-16034 and 034440-DML, were brought -up
to his attention after the posting of the agenda and need to be
discussed in closed session during this.meeting,
It was moved by Gonzales, seconded by Davis, that the
items .be;added to the closed session matters. Motion carried.
Ayes,, Malburg, Ybarra, Gonzales, Davis, McCormick
Noes€, None
Absent:- None
Abstain; None
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council.
Scott Rigg 'Water Operations Supervisor 5 years
Elias Zepeda Utilityman 11 15 years
The following employees were unable to attend the
meeting and their pins were accepted by their respective
department.heads.
Francisco Saldana Utilityman II 15 years}
Daniel O'Neil Police Officer 25 years;'•
Mason Chancey Police officer 25 years
The City Clerk advised thatnow was the time to
present the Police Department's 10851 Award to Police Officer
Victor Ontiveros for his outstanding performance in the recovery
of stolen vehicles and arrests made for auto theft.
The Commander of the California Highway Patrol (CHP)
gave a brief summary of the details on this matter.
The Mayor congratulated Police Officer Victor
Ontiveros on behalf of the entire City Council;
Police Department Activity Log for the period
November 16,th through 3oth, 2004, was presented.
It was moved by McCormick,'8econded by Gonzales, that
the Police Department Activity Log for the period November 16rh
through 3'0th, 2004, be received and filed. Motion carried.
Regular City Council Meeting Minutes
December 1, 2004
FireDepartment Activity Report for the period
November 1'6th through 30th, 2004, was presented.
It was moved by Ybarra, seconded by Davis, that 'the
Fire Department Activity Report for the period November 16th
through 30th, 2004, be received and filed, Motion carried.
The City Clerk announced that now was t-ime".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 hearing
that may be listed.
The Mayoraskedif there was anyone in the audience
who wished to address the Council at this time..
There was no one who wished to address the Council at
this time.
'The City Clerk advised that now was the time to open
the Public Hearing to consider evidence to establish Vernon's
new Transmission Revenue Balancing Account Adjustment for its
high voltage (over 200 kV) transmission facilities and
entitlements (all located outside the City) pursuant to Vernon's
Transmission owner Tariff.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider evidence to establish Vernon's
new Transmission Revenue Balancing Account Adjustment for its
high voltage (over 200 kV) transmission facilities and
ent-itlements (all located outside the City) pursuant to Vernon's
Transmission Owner Tariff, the time being 5 08 p.m�. Motion,
carried.
The Engineering & Operations Manager, Jorge Somoano,
addressed the City Council and briefly summarized this matter.
Communication from Bruce V..Malkenhorst, City
Administrator/City Clerk, dated November 23, 2004, was
presented, advising that on December 3, 2003, this legislative
body approved the Transmission Revenue" Balancing Account
Adjustment (TRBAA) to be effective January 1, 2064. At this
time it is necessary to recalculate the TRBAA to be consistent
with the Transmission Owner Tariff (TO) and to be in accordance
with the`FERC, which requires all Participating TO's to file a
new. annual TRBAA using the accounting period through September
30th of each year to be effective January I't of the following
year.
Appendix I to the TO Tariff also requires approval and states
that the Vernon Base Transmission Revenue Requirement is
$10,216,178.00 and that the TRBAA will be a negative $410,798.00
for the 12-month period effective January 1, 2005. This has
been reviewed by the City Attorney and it is hereby recommended
that the TRBAA and Appendix I be approved effective January I.,
2005,
Page 2 of 9
Regular City Council Meeting Minutes
December 1, 2004
It was moved by Davis, seconded by McCormick, to close
the public hearing to consider evidence to establish Vernon's
new Transmission Revenue Balancing Account Adjustment for its
high voltage (over 200 kV) transmission facilities and
entitlements (all located outside the Cityj pursuant to Vernon's
Transmission Owner Tariff, the time being 5:12 p.m. Motion
carried.
It was moved by McCormick,'seconded by Gonzales, that
the aforementioned communication from the City Administrator/
City Clerk dated November 23, 2004 and any and all supporting
documents submitted as evidence during the public hearing be
received and filed and their recommendations approved. Motion
carried.
RESOLUTION,NO. 8604 - 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 Ybarra, seconded by Gonzales, that
Resolution No. 8604 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of
Community Services and Water, dated November 10., 2004, was'
presented, advising that'Co.ntract No. 572, City Housing Roof
Replacement Project, has been completed.
The total contract amount is $95,333.50. The original contract
was awarded for $99,,55500 however less material was used.. The
remaining ten percent (10%) of the total contract amount, or the
sum of $9,533.35, is payable thirty-five days after acceptance
of the work, except such amounts as are required by law to be
withheld by properly executed and filed notices to stop payment,
or as may be authorized by the contract to ,be further retained.
It is hereby recommended that the work be accepted and that
authority be granted to pay the contractor, Best Roofing and
Waterproofing, Inc., in accordance with the agreement.
It was moved by Davis, seconded by Ybarra, that the'
aforementioned communication from the Director of Community
Services and Water, dated November 10, 2004, be received and
filed and his recommendation approved, Motion carried.
RESOLUTION NO. 8603 - A Resolution of the City Council
of the City of Vernon Accepting the Work of Best Roofing &
Waterproofing, Inc.., in Accordance with Contract. No,. 572 of the
City of Vernon,.was presented.
It was moved by Gonzales, seconded by McCormick,,that
Resolution No. 8603 be approved and adopted. Motion carried.
Page 3 of 9
Regular City Council Meeting Minutes
December 1, 2004
Communication from Kevin Wilson, Director of Community
Services and Water, dated November 22, 2004, was presented,
transmitting a fully executed Grant Deed from Dynamic Builders,
Inc., a California Corporation for the 'property located at 5525
Santa Fe Avenue: The property will be used for street purposes;
It- is hereby recommended that the Grant Deed be .approved and the°
Mayor and City Clerk be authorized to sign the Certificate of
Acceptance.,,
It was moved by Davis, seconded by McCormick, that the
aforementioned communication from the Director of Community'
Services and Water, dated November 22, 2004 be receivedand
filed and his recommendation approved. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health,°dated November 10, 2004, was presented,
requesting authority and funds for Secretary Linda Smith to
attend the "Management Skills Seminar at Long Beach on December
16, 2004, with an expense allowance of '$210.34.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Linda Smith to attend the
aforementioned seminar with an expense allowance of $210,34.
Motion carried.
Communication from Sol Benudiz, Acting Chief of
Police, dated November 10, 2004, was presented, requesting
authority and funds for Detective Brandon Gray to attend the
"California Robbery Investigators Annual Training Seminar" at
Las Vegas, Nevada on February 8 through 10, 2005, with an
expense allowance of $490.60.
It was moved by Ybarra seconded; by Davis, that
authority and funds be approved for Detective Brandon Gray to
attend the aforementioned seminar with an expense allowanceof
$490,60,, Motion carried
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 17,-2004, was
presented, requesting authority and funds for Electrical
Engineer Otis Smith to.attend the "SEL Line Current Differential
Training" at West Lake Village on December 7, 2004„ with an
expense allowance of $101.85
It was moved by Davis, seconded by McCormick, that
authority and funds be approved for Otis Smith to attend the
aforementioned training with an expense allowance of $101.85,
Motion carried.
Communication from Steven Parker, Fire Chief, dated
November 18, 2004, was presented, requesting authority and funds
for the below listed firefighters to attend the "Firehouse World
Exposition and Conference" at San Diego on January`31 through
February 4, 2005, with ;an expense allowance of $1,611.28 each.
• Dean Richens
• Anthony Rotell
Page 4 of 9
Regular City Council Meeting Minutes
December 1, 2004
It was moved by Ybarra, seconded by Gonzales, that
Authority and funds be approved for the above -listed
firefighters to attend the aforementioned conference with an
expense allowance of $1,611.28 each.` Motion carried.
Communication from Steven Parker, Fire Chief, dated
November 18, 2004, was presented, requesting authority and funds
for Battalion Chief Andrew Guth to attend the "Firehouse World
Exposition and Conference" at San Diego on February 1 through
February 4, 2005 with an expense allowance of $1„234.21.
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Battalion Chief Andrew Guth
to attend the aforementioned conference with an expense
allowance of $1,234.21, Motion carried,
Communication from Kevin Wilson, Director of "Community
Services and Water,, dated November 23, 2004, was presented,
requesting authority and funds for the below listed city
personnel to attend the "Traffic Signal Timing Training" at
Tustin on December 9, 2004, with an expense allowance of $270.00
each
• Sherwood Natsuhara, Deputy Director of Community'
Services
• Ehab "Max" Maximous,. Civil Engineer
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for the above -listed personnel
to attend the aforementioned training with an expense allowance
of $270.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 24, 2004, was presented, transmitting
the Agenda for the Adjourned Regular City Council Meeting -
Finance Committee Section, to be held December 1, 2004, for
approval of the recommendations contained therein:
It was moved by Davis,_seconded by McCormick, that the
recommendations on the Agenda for the Adjourned Regular City
Council Meeting - Finance Committee Section, held December 1,
2004, be approved_ Motion carried.
RESOLUTION NO. 8605 - A Resolution of the City Council
of the City of Vernon Declaring Its Intention to Approve an
Amendment to the Contract Between the Board of Administration of
the California Public Employees'' Retirement System and the City
Council of the City of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8605 be approved and adop,ted., Motion carried.
RESOLUTION NO. 8606 - 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 C.G.R.S., Inc. for ELD Testing, was
presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 8606 be approved and adopted Motion carried.
Page 5 of 9
Regular City Council Meeting Minutes
December 1, 2004
RESOLUTION NO. 8607 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Furniture Purehase_Contract By and Between the City of Vernon
and D/R Office Works, Inc. Regarding Second )Floor Remodeling
Project, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8607 be approved and adopted. Motion carried.
RESOLUTION NO. 8608 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Seventh 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 Mal'burg-
Gener.at;ing Station Project, was presented.
I't,was moved by Ybarra, seconded by Davis, that
Resolution No. 8608 be approved and adopted, Motion carried.
RESOLUTION NO. 8609 - A Resolutionofthe City Council
of the City,of Vernon Approving and Authorizing the Execution of
a Vehicle Purchase Contract By and Between the City of Vernon
and Coalinga Motors, Inc., for the Purchase of a 2004 Chevrolet
Silverado for the Light & Power Department, was''presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No, 8.609 be approved and adopted. Motion carried.
RESOLUTION NO. 8610 A Resolution of the City Council
of the City of Vernon Authorizing and Approving the Issuance of
not to Exceed $300,000;000 Aggregate Principal Amount of
Electric System Revenue Bonds; Approving the Indenture of Trust
and Supplemental Indentures of Trust Pursuant to Which Such
Bonds are to be Issued; Approving Contracts of Purchase;, a
Continuing Disclosure Agreement and Escrow Agreements; Approving
a Form of Interest Rate Swap Agreement and Authorizing the Entry
into a Interest Rate Swap Transaction; Authorizing and 'Approving
Certain Documents in Connection with the Issuance, Securing and
Sale of Such Bonds; and'Authorizing Certain Other 'Matters
Relating Thereto, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8610 be; approved and adopted. Motion carried.
The City Clerk advised the Council that Resolution No,;
8611 should be deferred.
RESOLUTION NO. 8611 - A Resolution of the City Council
of the City of Vernon Approving.and Authorizing the Execution of
an Equipment Purchase and Managed Services Contract By and
Between the City of Vernon and Verizon Select Services, Inc; for
Fiber Optic Network and Maintenance Management Services.
It was. moved'by Davis, seconded by Ybarra, that
Resolution No. 8611 be deferred to the next City Council
Meeting. Motion carried.
The City Clerk advised the Council .that Resolution No.
8612 should be deferred.
Page 6 of 9
Regular City Council Meeting Minutes
December 1, 2004,
RESOLUTION NO. 8612 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing'the'Executi'on of
a Services Agreement By and Between the�City of Vernon and
Fujitsu Network Communications, Inc, for Fiber Optic Help Desk
Technical Support..
`It was moved by Davis, seconded by Ybarra, that
Resolution No. 8612 be deferred to the next City Council
meeting, Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 24, 2004, was presented, transmitting
the Agenda for the Adjourned Regular City Council Meeting,
Personnel Committee Section,_ to be held December 1, 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
Councilmeeting- Personnel Committee Section, held December 1,
2004, be approved. Motion carried.
City of Vernon Warrant Register No. 1153 covering
claims and demands presented during the period of November 11,
2004 through November 24, 2004 drawn on Bank of America totaling
$666,839.35, which includes Demand Nos. 303485 through 303677
(inclusive), and also excluding, Void Demand No as listed
below. (Accounting period December 2004),, was presented:
303529 303530 303547 30354`8 303549 303550
303551 303552
It was moved by Davis, seconded by McCormick, that the
City of Vernon Warrant Register No. 1153 be approved and payment,
authorized for claims and demands totaling $666,839.39,
excluding voided checks as listed above. Motion carried,.
Light & Power of the City of Vernon Warrant Register
No. 118 covering claims and demands presented during the period
of November 11, 2004 through November 24, 2004 drawn on Bank of
America totaling $1,101,485.70, which includes Demand Nos.
500919 through 500970 (inclusive), also excluding Void Demands
Nos., as listed below. (Accounting period December 2004), was
presented:,
500942 500943 500944 50094-5 500946 500947
It was moved by Ybarra, seconded by Gonzales that the
Light & Power of the City of Vernon Warrant Register No. 118 be
approved and payment authorized for Light & Power's claims and
demands totaling $1,101,485.70. Motion carried. Councilman
Davis abstained from voting and disqualified himself because it
is reasonably foreseeable that his decision may have a material
financial effect on his source of income.
The Mayor called a short recess at 5:35 p.m.
The City Council reconvened in regular session at 5:45
p.m,, all members present before the recess again being present,
Page 7 of 9
Regular City Council Meeting Minutes'
December 1, 2004
The City Clerk announced that now was the time to go
into closed session with respect to Employee Performance
Evaluation, pursuant to Government Code Section 54.947,
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into closed session with respect to Employee
Performance Evaluation, pursuant to Government Code Section
54947, the time being 5:45 p.m.. Motion carried.
w All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, the City
Attorney, members of the City Attorney's Office, and outside
counsel for the City.
The Mayor ordered all communications to and from
closed session -deemed privileged and confidential:,
It was moved by McCormick, seconded.by Ybarra, that
the Council go out of closed session with respect to Employee
Performance Evaluation, pursuant to Government Code Section
54957, the time being 5:48 p.m. 'lMotion carried.
The City Clerk announced that now was the time to go
into closed session with respect to legal counsel - existing
litigation pursuant to subd'ivision.(a) of Government Code
54956,9,
It was moved by Davis, seconded by Ybarra, that the
City Council go into closed session with respect to legal
counsel - existing litigation, pursuant to subdivision '(a) of
Government Code 54956,.9, the time being 5:49 p.m. Motion
carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
members of the City Attorney's office, and outside counsel for
the City.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
it was moved by Davis, seconded by McCormick, that the
City Council go out of closed session with respect to legal
counsel - existing litigation, pursuant to subdivision (a) of
Government Code 54956.9, and resume regular,°session, the time
being 5:52 p.m. Motion carried.
The City Clerk announced that now was the time to go
,into closed session with respect to legal counsel - anticipated
litigation pursuant to subdivision (b) of Government Code
54956. 9.-
It was moved by Davis, seconded ,by Ybarra, that'the
City Council go into closed session with respect to legal
counsel - anticipated litigation, pursuant to subdivision (b) of
Government Code 54956.9, the time being 5:52- p.m. Motion
carried.
Page 8 of 9
Regular City Council Meeting Minutes
December 1, 2004
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
members of the City Attorney's Office and outside counsel for
the City.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential..
r♦ It was moved by Davis, seconded by McCormick, that the
City Council go out of closed.session with respect to legal
counsel - anticipated litigation, 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 with respect to Employee
Performance Evaluation, pursuant to Government Code Section
54957 and that direction was given to staff on this matter.
It was reported out that the City Council had a
conference with the City Attorney in closed session with respect
to existing litigation Case Nos. 01-16034, 034440-DML, and BC
313861 pursuant to subdivision (a) of California Government Code
Section 54956.9 and direction was given to the City Attorney to
take the appropriate action.
It was also reported out that the City Council had a
conference with the City Attorney with respect to two items.ot
anticipated litigation, pursuant to subdivision (b) of
California Government Code Section 54956.9 and direction was
given to the City Attorney to take appropriate_ action.
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 5:58
p.m. Motion. carried.
Page 9 of 9