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20050629 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 29, 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, McCormick MEMBERS ABSENT: Davis The meeting was called to order by Mayor Malburg. The City Clerk asked if there were any changes to the agenda. There were no changes to the agenda. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Regular City Council Meeting held June 15, 2005, be approved and adopted as submitted. Motion carried. The City Clerk announced that now was the 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. There was no one wishing to address the City Council at this time. The Consent Calendar was presented. Finance Committee Meeting of June 20, 2005 Final Light & Power Department's Monthly Resource Procurement Report for the month of February 2005. Estimated Light & Power Department's Monthly Resource Procurement Report for the month of April 2005. Request to dispose of, in the most economical manner, surplus property as listed on the Surplus Property Reports. Ratification of actions taken for the issuance of a purchase order to Fisher Scientific, for the purchase of two hygiene instruments, several different gas sensors, and test gases for the Fire Department at an approximate amount of $13,311.27, utilizing funds budgeted for 2004-2005. RESOLUTION NO. 8787 - 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 Motorola, Inc. for Software and Related Equipment for Fire Department Ratification of actions taken for the issuance of a purchase order to K. R. Nida Companies for the installation and programming of three modem radios to interface with existing mobile data computers, installation of software, and on -site training of the Accountability System, for the Fire Department Adjourned City Council Meeting Agenda Minutes June 29, 2005 at an approximate amount of $13,940.00, utilizing funds budgeted for 2004-2005. Ratification of actions taken for the issuance of a purchase order to Fischer Scientific for the purchase of (30) decontamination kits for the Fire Department at an approximate amount of $5,290.18, utilizing funds budgeted for 2004-2005. Ratification of actions taken for the issuance of a purchase order to Samy's Camera for the purchase of a digital camera and related accessories for the Police Department at an approximate amount of $3,013.67, utilizing funds from the Asset Forfeiture Account. Request to issue a purchase order to Advanced Electronics for the purchase and installation of a security management system for the Police Department at an approximate amount of $21,000.00 utilizing funds from the CLEEP2002 Grant. Ratification of actions taken for the issuance of a purchase order to Maland Presentations for the purchase of a projection system for the Police Department at an approximate amount of $13,264.00, utilizing funds budgeted for 2004-2005. Ratification of the execution of Change Order No. 2 with Lowney Associates at an approximate cost of $187,277.00. Ratification of the actions taken for the issuance of a purchase order to DRE Electric for the electric distribution upgrade for the two communication rooms located in the basement that is necessary for the Fiber Optic Program at an amount of $5,157.29 utilizing funds budgeted for 2004-2005. Continued review of proposed 2005-2006 Budget. Finance Committee Meeting of June 27, 2005 Request to approve and execute Change Order No. 44699-1 to the agreement with Evergreene Painting Studios, Inc. at a total amount of $5,170.00. Ratification of the execution of Work Authorization No. PM21-05- 017-LP to the Contract with Galliera Inc., dba Trico Construction in the amount of $19,008.00, utilizing Rhino Construction as the Subcontractor. Ratification of the execution of Work Authorization No. PM23-05- 019-LP to the Contract with Galliera Inc., dba Trico Construction in the amount of $116,820.00, utilizing Rhino Construction as the Subcontractor. Ratification of the execution of Work Authorization No. PM24-05- 020-LP to the Contract with Galliera Inc., dba Trico Construction in the amount of $43,175.00, utilizing Rhino Construction as the Subcontractor. Ratification of the execution of Change Order No. 4 to the Equipment and Service Contract with Demag Delaval Industrial Turbomachinery, Inc., in the amount of $163,000.00. Page 2 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 RESOLUTION NO. 8776 - A Resolution of the City Council of the City of Vernon Approving the Payment of Premiums for Insurance for Life, Health and Dental Benefits for Certain Categories of Employees During the 2005-2006 Fiscal Year RESOLUTION NO. 8777 - 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 2005-2006 Fiscal Year Request to approve and execute Change Order No. One to the agreement with Air Cleaning Systems, Inc. in the amount of $3,800.00. Request to approve and execute Change Order No. One to the agreement with Nalco Company at an amount not -to -exceed $148,216.00. Request to approve and execute Change Order No. Two to the agreement with Verizon Select Services, Inc. (VSSI) in the amount of $33,643.13. Request to approve and execute Change Order No. One to the agreement with Colich & Sons, LP at an amount not -to -exceed $41,980.00. Request to approve and execute Change Order No. Two to the Consultant Agreement with W. Koo and Associates, Inc. extending the agreement through August 30, 2005. RESOLUTION NO. 8785 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Three to Equipment Maintenance Agreement By and Between the City of Vernon and Accurate Telecom Inc. Request authorization for the City Attorney to enter into negotiations for a consulting agreement with Sharon Gonzales. Continued Review of proposed 2005-2006 Budget. Personnel Committee A. Merit Step Increase Requesting the grant of a merit step increase for the below listed employee(s) • Richard Villegas, to Police Officer, Step 3 • Cerissa Diaz, to Dispatcher, Step 1 • Jerrick Torres, to Environmental Health Specialist, Step 2 B. Reimbursement Requesting authority to reimburse on an individual basis the below listed employee(s) for the satisfactory completion of qualified courses Page 3 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 • Cindy Calzada, Risk Management/Personnel Department • Dean Richens, Fire Department • Elizabeth Negrete, Finance Department C. Reclassification Requesting Employment Reclassification of the below listed employee(s) • Fernando Flores, Utilityman IV, to Utilityman III, Step 4 • Debra Nickens, Account Clerk, to Senior Administrative Assistant, Step 3 • Efrain Sandoval, Associate Resource Scheduler, to Resource Scheduler, Step 6, and transfer to Finance Department • Sergio Rodriguez, Resource Scheduler, to Power Resource Coordinator, Step 3, and transfer to Finance Department D. Resignation Requesting acceptance of the resignation for retirement purposes of the below listed employee(s) • Sharon Gonzales, Customer Service Representative E. Transfer Requesting the Inter -Department Transfer of the below listed employees on a lateral basis with no change in compensation • Daniel Garcia, to Finance Department • Laney Wang, to Treasurer's Department • Elizabeth Negrete, to Treasurer's Department • Claudia Luna, to Treasurer's Department It was moved by Ybarra, seconded by McCormick, that all the matters listed on the Consent Calendar be approved. Motion carried. The City Clerk announced that now was the time to open the public hearing to consider the adoption of a resolution adjusting health permit fees pursuant to Sections 11.9.4, 13.7, 13.31, 13.53, 25.12, and 25.13-6 of the Vernon City Code. It was moved by Gonzales, seconded by Ybarra, to open the public hearing to consider the adoption of a resolution adjusting health permit fees pursuant to Sections 11.9.4, 13.7, 13.31, 13.53, 25.12, and 25.13-6 of the Vernon City Code, the time being 5:08 p.m. Motion carried. The Deputy Director of Environmental Health provided a brief summary on the study conducted by the department on this matter and recommended that said fees be increased. Page 4 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 The Mayor asked if there was anyone in the audience who wished to address the Council on this matter. There was no one wishing to address the Council on this matter at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that the Director of Environmental Health has completed an annual comparison of the City's program costs and health permit fees to those of other local jurisdictions and is proposing an (8%) eight percent increase in health permit fees effective July 1, 2005. Submitted herewith are the following supporting documents: 1. Proposed Rate Schedule for Health Permit Fees 2. Notice of Public Hearing 3. Affidavit of Posting 4. Declaration of Publication This has been reviewed by the City Attorney and it is hereby recommended that the health permit fees be increased by eight percent effective July 1, 2005. It was moved by McCormick, seconded by Ybarra, to close the public hearing to consider the adoption of a resolution adjusting health permit fees pursuant to Sections 11.9.4, 13.7, 13.31, 13.53, 25.12, and 25.13-6 of the Vernon City Code, the time being 5:10 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8768 - A Resolution of the City Council of the City of Vernon Establishing Health Permit, Hazardous Materials Establishment Permit, and Application Fees for Permits Granted by the City of Vernon Pursuant to Sections 11.9.4, 13.7, 13.31, 13.53, 25.12, and 25.13-6 of the Vernon City Code and Repealing Resolution No. 8451, was read by title. It was moved by Ybarra, seconded by McCormick that Resolution No. 8768 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that at this time it is necessary that a new Vacation Resolution be approved superseding Resolution No. 7649, adopted October 17, 2000, to reflect changes regarding the Light & Power Department, formerly the Utilities Department, and City holidays. The new resolution will clarify the City's policies governing vacations, holidays and "in lieu" holidays. This has been reviewed by'the City Attorney and it is hereby recommended that a new Vacation Resolution be approved and adopted. Page 5 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 It was moved by Gonzales, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8764 - A Resolution of the City Council of the City of Vernon Establishing Vacation Policies, Holidays and "In Lieu" Holidays for Employees of the City of Vernon and Repealing all Resolutions in Conflict Therewith, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8764 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that at this time it is necessary that the City renew its Property Policy and Excess Liability Policy through its broker, Arthur J. Gallagher & Co., for the period July 1, 2005 to July 1, 2006, at an approximate cost not to exceed $1,036,451.00. Because the existing policies will expire July 1, 2005, it was necessary that the City Administrator take the necessary actions to put the policies in place. This has been reviewed by the City Attorney and it is hereby recommended that any actions taken regarding the requested insurance policies be ratified and that the City Administrator be authorized to execute any additional documentation for the same. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8772 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken Regarding the Renewal of Commercial Insurance Policies (Property and Excess Liability) Through Arthur J. Gallagher & Co.), was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8772 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that on September 17, 2003, the Finance Committee approved entering into a Services Agreement, dated September 15, 2003 (the "Agreement") with Project Labor Group, Inc. ("PLG"). The City Administrator executed the Agreement, which set forth the terms and conditions for the performance of various non -City staff respecting the MGS Project, subject to ratification by this legislative body, in order to safeguard the City's rights under the Agreement. This has been reviewed by the City Attorney and it is hereby recommended that the actions taken pursuant to the Services Agreement with PLG be ratified, and that the execution of said agreement also be ratified. Page 6 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 It was moved by Gonzales, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8782 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Services Agreement By and Between the City of Vernon and the Project Labor Group, Inc., was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8782 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that on February 2, 2005, this legislative body adopted Resolution No. 8656, approving, in form, a Professional Services Agreement with Siemens Industrial Turbomachinery, Inc. ("Siemens") to provide training for operations and maintenance personnel for the Gas and Steam Turbines for the Malburg Generating Station. Before an actual agreement was signed by the City, it was determined that said agreement was unnecessary and that a change order be issued to Demag Delaval Industrial Turbomachinery, Inc. ("Demag") for said training. It is hereby recommended that Resolution No. 8656 be rescinded. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8783 - A Resolution of the City Council of the City of Vernon Rescinding Resolution No. 8656 Regarding a Professional Services Agreement with Siemens Industrial Turbomachinery, Inc., was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8783 be approved and adopted. Motion carried. RESOLUTION NO. 8784 - A Resolution of the City Council of the City of Vernon Declaring its Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8784 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that the Health Department is requesting the approval of a Consulting Services Agreement with Kevin Sales, dba KJ Services, relating to 2005-2006 Grant Programs (Used Oil Recycling and Beverage Container Recycling) at a not -to -exceed cost of $12,000.00. The department has been utilizing KJ Services since 1998. This has been reviewed by the City Attorney and it is hereby recommended that said agreement be approved and executed at the stated amount. Page 7 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 It was moved by Gonzales, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8786 - 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 Kevin Sales, dba KJ Services, Relating to 2005/2006 Grant Programs, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8786 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that, at this time, it is necessary that the rent on City housing be increased by (5%) five percent, as indicated below, and a new lease agreement adopted: • 1-bedroom apartment $147.00 • 2-bedroom apartment $173.25 • 2-bedroom houses $204.75 • 3-bedroom houses $236.25 • 3-bedroom H.P. houses $367.50 This has been reviewed by the City Attorney and it is hereby recommended that a five percent rent increase on City housing be approved and a new rental agreement be adopted. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8788 - A Resolution of the City Council of the City of Vernon Fixing the Rental of Houses Owned by the City and Adopting a Form Lease, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8788 be approved and adopted. Motion carried. RESOLUTION NO. 8789 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended and Restated Employment Agreement By and Between the City of Vernon and Eric T. Fresch, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8789 be approved and adopted. Motion carried. RESOLUTION NO. 8790 - A Resolution of the City Council of the City of Vernon Establishing the Positions of Acting Director of Light & Power, Acting City Clerk, Acting City Treasurer, Acting Purchasing Agent, Acting Fiber Optics/Gas Systems Manager, Senior Personnel Assistant and Acting Risk Manager and Appointing Personnel to Fill Said Positions, was read by title. Page 8 of 12 Adjourned City Council Meeting Ada Minutes June 29, 2005 It was moved by Gonzales, seconded by McCormick, that Resolution No. 8790 be approved and adopted. Motion carried. RESOLUTION NO. 8791 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended and Restated Services Agreement By and Between the City of Vernon and the Project Labor Group, Inc., was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8791 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, recommending that the City Attorney's office be authorized to prepare an agreement with Riamako LLC, dba Pacific Grille, to provide food, entertainment, beverages, staffing, flowers, decorations, rentals and other miscellaneous services for an event to be held on September 15, 2005, at the Vernon Power Plant Control Center in conjunction with the Malburg Generating Station (MGS) at a not -to -exceed amount of $50,000.00, plus any applicable taxes. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8792 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Services Contract By and Between the City of Vernon and Riamako, LLC, dba Pacific Grille, for the Malburg Generating Station Project, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8792 be approved and adopted. Motion carried. RESOLUTION NO. 8793 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Issuance of Electric System Revenue Bonds Not to Exceed Aggregate Principal Amount of $765,000,000; and Approving and Authorizing Certain Documents and Other Matters Relating Thereto, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8793 be approved and adopted. Motion carried. RESOLUTION NO. 8794 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Preparation and Filing of an Application for Certification with the California Energy Commission and a Permit to Construct with the South Coast Air Quality Management District for the Vernon Power Plant Project; and Approving and Authorizing Certain Other Matters Relating Thereto, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8794 be approved and adopted. Motion carried. The City Clerk announced that the following resolution should be removed from the agenda at this time. Page 9 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 RESOLUTION NO. 8795 - A Resolution of the City Council of the City of Vernon Authorizing the City Attorney to Identify and Negotiate a Contract Services Agreement with an Engineering Consulting Firm for the Purpose of Obtaining a License from the California Energy Commission for the Vernon Power Plant; and Approving and Authorizing Certain Documents and Other Matters Relating Thereto. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8795 be removed from the agenda and no further action be taken at this time. 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 2904 2995, 2005-2006. It was moved by Ybarra, seconded by Gonzales, to open the public hearing to consider the adoption of the proposed budget for fiscal year 2005-2006, the time being 5:24 p.m. Motion carried. The City Attorney addressed the City Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 23, 2005, was presented, advising that the Finance Committee has completed its review of the proposed budget for fiscal year 2005-2006. Submitted herewith are the Notice of Public Hearing and Affidavits of Posting. It is hereby recommended that the proposed budget be approved. matter. The Mayor asked if there were any questions on this There were no questions on this matter at this time. It was moved by Gonzales, seconded by McCormick, to close the public hearing for the consideration of the adoption of the proposed budget for fiscal year 2005-2006, the time being 5:25 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8778 - A Resolution of the City Council of the City of Vernon Establishing a General Government Appropriations Limit for the Fiscal Year Ending June 30, 2006 Pursuant to Government Code Section 7910, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8778 be approved and adopted. Motion carried. RESOLUTION NO. 8779 - A Resolution of the City Council of the City of Vernon Approving a Budget for the Fiscal Year 2005-2006, was read by title. Page 10 of 12 Adjourned City Council Meeting Agenda Minutes June 29, 2005 It was moved by Ybarra, seconded by McCormick, that Resolution No. 8779 be approved and adopted. Motion carried. RESOLUTION NO. 8780 - A Resolution of the City Council of the City of Vernon Reaffirming and Amending Resolution No. 8473 Fixing the Compensation for Certain Employees of Said City as of July 1, 2005, Authorizing Certain Expense Allowances and Repealing all Resolutions in Conflict Therewith, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8780 be approved and adopted. Motion carried. RESOLUTION NO. 8781 - 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 2005-2006, and Confirming the Availability of Loans Pertaining Thereto, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8781 be approved and adopted. Motion carried. The City Clerk announced that now was the time to go into closed session. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session, the time being 5:,35 p.m. Motion carried. Everyone was excluded from closed session with the exemption of the City Administrator/City Clerk, City Attorney, staff of the City Attorney's Office, and outside legal counsel of the City. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 5:45 p.m. Motion carried. It was reported out that the City Council had a conference in closed session with legal counsel pursuant to anticipating litigation, subdivision (b) of Government Code Section 54956.9 and that authority was granted to the City Attorney to proceed on this matter. It was reported out that the City Council had a conference in closed session with legal counsel pursuant to anticipating litigation, subdivision (c) of Government Code Section 54956.9 and that authority was granted to the City Attorney to proceed on this matter. The City Council granted authority to the City Attorney's Office to prepare a Resolution for the many years of service of Former Fire Chief Parker. Page 11 of 12 Adjourned City Council Meeting.Agenda Minutes June 29, 2005 There being no further business to come before the City Council, it was moved by McCormick, seconded by Ybarra, that the Council Meeting be adjourned, the time being 5:48 p.m. Motion carried. 1 _heonis C. Malburg Mayor ATTE T-Z"t- B V. Malkenhorst Acting City Clerk Page 12 of 12