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20050316 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 16, 2005, 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. The City Clerk asked if there were any additions, deletions, or changes to the agenda. There were no changes to the agenda. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held March 2, 2005, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 9, 2005, was presented, advising that the below listed employees qualified in the month of February 2005 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: EMPLOYEE NAME POSITION Stephen Agon Douglas Barker Maria Gonzalez Antonio Lopez John Doersam Fire Captain Firefighter Records Clerk Electronics Technician Firefighter DOH YEARS 08/17/87 7 11/02/92 7 02/23/98 7 02/17/98 7 02/26/90 15 The Mayor presented the awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring the Boy Scouts of America on their 95th Anniversary, was presented. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring the Cub Scouts of America on their 75th Anniversary, was presented. Police Department Activity Log for the period March 1 through 15, 2005, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period March 1 through 15, 2005, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 through 15, 2005, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period March 1 through 15, 2005, be received and filed. Motion carried. City Council Meeting Minutes March 16, 2005 Risk Management Report for the month of February 2005, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of February 2005, be received and filed. Motion carried. Health Department Report for the month of February 2005, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of February 2005, 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. Mr. Hector Perez Pacheco, a representative of Margarita Jones, addressed the Council, introduced himself, and advised that a Margarita Jones Restaurant will be opening in Huntington Park. The Mayor asked if there was anyone else who wished to address the Council at this time. There was no one else wishing to address the Council. The City Clerk announced that now was the time to open the public hearing to consider the termination of a Non - Exclusive Franchise Agreement for Solid Waste Management Services with Art's Disposal Service, Inc. It was moved by Gonzales, seconded by Davis, to open the public hearing to consider the termination of a Non - Exclusive Franchise Agreement for Solid Waste Management Services with Art's Disposal Service, Inc., the time being 5:05 p.m. Motion carried. The Director of Environmental Health addressed the Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 7, 2005, was presented, advising that on October 27, 2004, Art's Disposal Service, Inc. notified the Health Department, in writing, that they are no longer interested in maintaining their Non -Exclusive Franchise Agreement for Solid Waste Management Services, entered into on March 30, 1999, with the City of Vernon. Page 2 of 12 City Council Meeting Minutes March 16, 2005 Submitted herewith are the following supporting documents: • Notice of Public Hearing • Affidavit of Posting • Copy of letter to Art's Disposal The Mayor asked if there were any questions on this matter. There were no questions at this time. It was moved by McCormick, seconded by Ybarra, to close the public hearing to consider the termination of a Non - Exclusive Franchise Agreement for Solid Waste Management Services with Art's Disposal Service, Inc., the time being 5:06 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication presented by the City Administrator/City Clerk, dated March 7, 2005, and any and all supporting documents submitted as evidence during the public hearing be received and filed and said the Non -Exclusive Solid Waste Franchise Agreement be terminated. Motion carried. RESOLUTION NO. 8697 - A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to Art's Disposal Service, Inc. by the City of Vernon Pursuant to Resolution No. 7299, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8697 be approved and adopted. Motion carried. The Consent Calendar was presented. City Administration Requesting authority for City Officials to attend the following: • "2005 California Municipal Treasurers Association" conference Police Department Requesting authority for personnel to attend the following: • "Advanced Word" seminar • "Advanced Excel" seminar • "Managing Change" class • "ArcGIS I Computer Training" class • "Learning to Listen" class • "Business Writing" class • "Overcome Procrastination" class • "Defeating Police Misconduct Claims - Techniques" seminar Page 3 of 12 City Council Meeting Minutes March 16, 2005 Finance Department Requesting authority for personnel to attend the following: • "Handling Difficult and Demanding Customers" workshop • "Administrative Professionals" conference • "2005 California Municipal Treasurers Association" conference Community Services & Water Department Requesting authority for personnel to attend the following: • "Papa Pesticide Applicator (Session I)" seminar • "Papa Pesticide Applicator (Session II)" seminar It was moved by Gonzales, seconded by Ybarra, that all matters listed in the consent Calendar be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 14, 2005, was presented, advising that after further review of the City's Code, it has been determined that certain sections be added and various sections be amended for clarification purposes. This has been reviewed by the City Attorney and it is hereby recommended that an ordinance be approved adding and amending said sections. It was moved by McCormick, seconded by Gonzales, that the communication presented by the City Administrator/City Clerk, dated March 14, 2005, be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1107 - An Ordinance of the City Council of the City of Vernon Amending Section 1.10 of Chapter 1, Sections 2.7-2, 2.24, 2.27, 2.29, and 2.49 to 2.66 of Chapter 2, Repealing Section 2.28 of Chapter 2 and Adding Sections 2.29-4, 2.67 and 2.68 to Chapter 2 of the Code of the City of Vernon, California, 1959, and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick. Noes: None Absent: None Abstained: None It was moved by Ybarra, seconded by Davis, that Ordinance No. 1107 be approved for a first reading. Motion carried. Page 4 of 12 City Council Meeting Minutes March 16, 2005 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 14, 2005, was presented, recommending that the professional consulting agreement with Parsons, dated April 16, 2003, be amended to consolidate all prior agreements for the MGS Project at an approximate not to exceed cost of $1,552,750.00, less any amounts determined to have been previously paid, and allow the City to utilize Parsons for various capital projects at hourly rates that are set forth in the contract. This has been reviewed by the City Attorney. It was moved by Gonzales, seconded by Davis, that the communication presented by the City Administrator/City Clerk, dated March 14, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8686 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended and Restated Agreement for Consulting Services By and Between the City of Vernon and Parsons Infrastructure & Technology Group, Inc. for the Malburg Generating Station Project and Other Capital Projects, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8686 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 7, 2005, was presented, advising that reclaimed water piping will soon be installed at the Malburg Generating Station (MGS). In order for the City of Vernon Environmental Health Department (VEHD) to perform required inspections at any Vernon site that uses reclaimed water, the California Department of Health Services must delegate inspectional authority to the VEHD. The Delegation Agreement has been signed by the Director of Environmental Health and it is hereby recommended that the executed agreement be ratified. It was moved by Davis, seconded by Gonzales, that the communication presented by the City Administrator/City Clerk, dated March 17, 2005 be approved and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8696 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Delegation Agreement By and Between the California Department of Health Services and the City of Vernon Environmental Health Department for Use of Recycled water Program, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8696 be approved and adopted. Motion carried. Page 5 of 12 City Council Meeting Minutes March 16, 2005 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 9, 2005, was presented, advising that in accordance with Resolution No. 8655, authorizing notice inviting bids for the purchase of three (3) 2005 Chevrolet Tahoes for the Police Department, the following bids were received and opened on February 28, 2005: Wondries Fleet Group $80,664.00 Ostrom Chevrolet $86,145.84 Sopp Chevrolet $93,660.00 This has been reviewed by the Police Department and the Purchasing Department. It is hereby recommended that Bid No. 1437 be awarded to Wondries Fleet Group, an equipment purchase contract be prepared, and a purchase order be issued for the purchase of three (3) 2005 Chevrolet Tahoes at the approximate cost of $80,664.00. It was moved by McCormick, seconded by Davis, that the communication presented by the City Administrator/City Clerk, dated March 9, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8701 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Wondries Fleet Group on Bid No. 1437 for the Purchase of Three 2005 Chevrolet Tahoes for the Police Department and Approving and Authorizing the Execution of a Vehicle Purchase Contract and the Issuance of a Purchase Order Respecting said Bid, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8701 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 10, 2005, was presented, advising that the City will soon be distributing recycled water to its customer base and to the Malburg Generating Station (MGS). Staff has conducted a recycled water rate study and has concluded that a new recycled water community rate should be established at $0.865 per 100 cubic feet for all customers except MGS. The MGS did fund the capital improvement to deliver the water to the site; therefore, their rate shall be $.0972 with a credit of $0.492 for a net rate of $0.480 until January 1, 2019, to repay the capital investment made by the project for the recycled water system. This has been reviewed by the City Attorney and it is hereby recommended that new recycled water rates be established. The Director of Community Services & Water stated for the record that the credit to the Malburg Generating Station's contribution towards the recycle water systems capital improvements will be through 2019 and that the rate is not a fixed rate, that it will fluctuate based on actual costs. Page 6 of 12 City Council Meeting Minutes March 16, 2005 It was moved by Gonzales, seconded by Ybarra, that the communication presented by the City Administrator/City Clerk, dated March 10, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8698 - A Resolution of the City Council Amending Resolution No. 7781 Which Established Rates for the Sale of Water in the City of Vernon in Accordance with the Vernon City Code, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8698 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated March 9, 2005, was presented, transmitting for consideration, Contract No. 567, District Boulevard and Fruitland Avenue Sewer Main Replacement and Street Improvements, and recommending that said contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Gonzales, that the communication presented by the City Administrator/City Clerk on behalf of the Director of Community Services & Water, dated March 9, 2005, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 8684 - A Resolution of the City Council of the City of Vernon Approving Contract No. 567 for District Boulevard and Fruitland Avenue Sewer Main Replacement and Street Improvements and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8684 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated March 9, 2005, was presented, advising that on February 4, 2004, in accordance with Public Contracts Code Section 20101, this legislative body approved the issuance of a request for pre -qualification of bidders for the construction of Fire Station No. 2 and the remodeling of portions of the City Police Station and Public Works Facility. It is hereby recommended that the following list of ten pre - qualified contractors be accepted: • 2H Construction, Inc. • E.D.T. Engineering Co. • H.A. Lewis, Inc. • Mallcraft, Inc. • Merco Construction Engineers, Inc. • Morillo Construction, Inc. • Perera Construction and Design, Inc. • Ruiz Brothers Construction Co. • Sinanian Development, Inc. • Tobo Construction, Inc. Page 7 of 12 City Council Meeting Minutes March 16, 2005 It is further recommended that Contract No. 582 be approved and authority be granted to secure bids from these contractors. It was moved by Ybarra, seconded by Davis, that the communication presented by the City Administrator/City Clerk on behalf of the Director of Community Services & Water, dated March 9, 2005, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 8692 - A Resolution of the City Council of the City of Vernon Approving Contract No. 582 for Fire Station No. 2 Replacement, Police Department and Public Works Building Remodel and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8692 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 10, 2005, was presented, transmitting the Agenda for the Adjourned Regular City Council - Finance Committee Section Meeting to be held March 16, 2005, 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 - Finance Committee Section Meeting held March 16, 2005, be approved. Motion carried. The City Clerk advised that the following resolution should be deferred. RESOLUTION NO. 8672 - A Resolution of the City Council of the City of Vernon Adopting an Annual Statement of Investment Policy for 2005 and Delegating Investment Authority to the City Treasurer (deferred from last meeting) It was moved by Davis, seconded by Gonzales, that Resolution No. 8672 be deferred. Motion carried. RESOLUTION NO. 8691 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Agreement By and Between the City of Vernon and Harold Arsenian, LLC, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8691 be approved and adopted. Motion carried. RESOLUTION NO. 8693 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended and Restated Professional Services Agreement for Project Construction and Construction Management Services By and Between the City of Vernon and Galliera, Inc., dba Trico Construction, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8693 be approved and adopted. Motion carried. Page 8 of 12 City Council Meeting Minutes March 16, 2005 RESOLUTION NO. 8694 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Natural Gas Purchase and Sale Agreement By and Between the City of Vernon and Sempra Energy Trading Corp., was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8694 be approved and adopted. Motion carried. RESOLUTION NO. 8695 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Indemnity Agreement By and Between the City of Vernon and Southern California Gas Company, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8695 be approved and adopted. Motion carried. RESOLUTION NO. 8700 - A Resolution of the City Council of the City of Vernon Ratifying the Appointment of John Karns as the General Counsel of the City of Vernon and Rory Burnett as the City Accountant, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8700 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 10, 2005, was presented, transmitting the Agenda for the Adjourned Regular City Council - Personnel Committee Section Meeting to be held March 16, 2005, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular City Council - Personnel Committee Section Meeting held March 16, 2005, be approved. Motion carried. Warrant Register No. 1160 covering claims and demands presented during the period of February 24, 2005 through March 9, 2005, drawn on Bank of America totaling $583,506.08, which includes demand Nos. 304981 through 305210 (inclusive), and also excluding 305032 through 305041, and Void demands as listed below. (Accounting period March 2005): 305042 305043 305044 305045 305046 305047 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1160 be approved and payment authorized for claims and demands totaling $583,506.08. Motion carried. Light & Power of the City of Vernon Warrant Register No. 125 covering claims and demands presented during the period of February 24, 2005 through March 9, 2005, drawn on Bank of America totaling $5,434,555.50, which includes Demand Nos. 501291 through 501345 (inclusive), and also excluding Void Demand Nos., as listed below. (Accounting period March 2005): 501314 501315 501316 501317 501318 501319 Page 9 of 12 City Council Meeting Minutes March 16, 2005 It was moved by McCormick, seconded by Gonzales, that the Light & Power of the City of Vernon Warrant Register No. 125 be approved and payment authorized for claims and demands totaling $5,434,555.50. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonable foreseeable that his decision may have a material financial effect on his source of income. Payroll Warrant Register No. 585 covering claims and demands presented during the period of January 9, 2005 through February 5, 2005. Drawn on Bank Of America totaling $2,189,418.84, which includes demand Nos. 8738 through 8756 (inclusive). (Accounting period February 2005) It was moved Ybarra, seconded by Davis, that the Payroll Warrant Register No. 585 be approved and payment authorized for claims and demands totaling $2,189,418.84. Motion carried. City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of February 24, 2005 through March 9, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $466,100.91, which includes Requisition Nos. 069 through 085 (inclusive), and also excluding Void Requisition No. 082. It was moved by McCormick, seconded by Gonzales, that the City of Vernon Requisitions from the 2004 Series C Construction Fund be approved and payment authorized for claims and demands totaling $466,100.91. Motion carried. City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of February 24, 2005 through March 9, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $402,870.06, which includes Requisition Nos. CE102 through CE107 (inclusive). It was moved by Ybarra, seconded by Gonzales, that the City of Vernon Requisitions from the Light & Power Custody Escrow Account No. 800452 be approved and payment authorized for claims and demands totaling $402,870.06. Motion carried. Mr. Ed Vasquez representing Central Basin Municipal Water District introduced himself and thanked the Council for the opportunity of working with the City in the recycled water project. The Mayor called a short recess at 5:33 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 announced that now was the time to go into closed session. Page 10 of 12 City Council Meeting Minutes March 16, 2005 It was moved by Gonzales, seconded by Davis, that the City Council go into closed session, the time being 5:37 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Clerk, Chief of Police, Police Captain, City Attorney, members of the City Attorney's Office, and outside counsel of the City. 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 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION 3. 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. 4. 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. It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session, the time being 5:46 p.m. Motion carried. It was reported out that City Council had a closed session conference with staff pursuant to Government Code Section 54957, Employee Discipline/Dismissal/Release and that direction was given to staff on this matter. It was reported out that the City Council had a closed session conference with Legal Counsel pursuant to subdivision (b) of Government Code § 54956.9, Significant exposure to litigation, and that direction was given to the City Attorney's Office to deny the submitted claim. It was reported out that the City Council had a closed session conference with Legal Counsel pursuant to subdivision (c) of Government Code § 54956.9, Initiation of litigation, and that the City Attorney's Office was given settlement authority on this matter. Page 11 of 12 City Council Meeting Minutes March 16, 2005 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the Council Meeting be adjourned, the time being 5:46 p.m. Motion carried. ATTEST: G� Bruce V. Malkenhorst City Clerk ''Leonis C. Malburg Mayor Page 12 of 12