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20050720 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 20, 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 Attorney asked if there were any changes to the agenda that needed to be addressed at this time. There were no changes to the agenda at this time. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held July 12, 2005, be approved and adopted as submitted. Motion carried. The City Attorney announced that now was the time to present the Perfect Attendance Awards for the month of June 2005: EMPLOYEE NAME David LeDuff Bradley Mack Judy Lehr S. Kevin Wilson Robert Martinez Fernando Rodriguez Solomon Benudiz Juan Arellano Gary Sawyer Jose Cervantes Victor Trujillo POSITION DOH YEARS Environmental Specialist 06/25/01 4 Firefighter 01/07/91 4 Legal Secretary 06/07/99 6 Director of Community 06/27/82 7 Services & Water Utilityman III 03/16/86 13 Sergeant 05/19/86 13 Chief of Police 04/27/88 14 Utilityman I 08/30/87 15 Utilityman II 04/01/84 15 Utilityman II 02/21/82 16 Utilityman II 12/21/87 17 The Mayor presented the awards to the above listed employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting. The awards were accepted by the respective department head. Barry Miller Police Officer 06/09/03 2 Maria Alway Senior Dispatcher 01/02/96 3 Edward Hernandez Police Officer 06/24/02 3 Alejandro Nevarez Systems Coordinator II 06/18/01 3 Danita Robertson Records Manager 06/24/02 3 Kent Stevenson Police Officer 06/18/01 4 Mason Chancey Police Officer 11/28/79 6 Otis Smith Electrical Engineer 06/22/98 7 Jeffrey Graves Captain 09/18/89 10 Steven Towles Captain 04/22/80 10 Donald Quiroz Facilities Coordinator 04/28/85 11 Christopher Romero Administrative Aide I 06/11/90 12 David Zapien Sergeant 09/03/85 14 Regular City Council Meeting Minutes July 20, 2005 The Mayor called a short recess at 5:07 p.m. The City Council reconvened in regular session at 5:10 p.m., all members present before the recess again being present. Police Department Activity Log for the period July 1st through 15th 2005, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period July 1st through 15th, 2005, be received and filed. Motion carried. Fire Department Activity Report for the period July 1st through 15th 2005, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period July 1st through 15th, 2005, be received and filed. Motion carried. The City Attorney advised that the Risk Management Report for the month of June 2005 be removed from the agenda. Risk Management Report for the month of June 2005. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of June 2005 be removed from the agenda. Motion carried. Health Department Report for the month of June 2005, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of June 2005, be received and filed. Motion carried. The City Attorney 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. Ms. Alma Arredondo, President of the Vernon Chamber of Commerce, introduced herself, addressed the Council, commended the City's leadership on behalf of the Vernon Chamber and its business members, and offered their support in the selection of a City Administrator. Mr. Ronald Garcia with Southern California Edison addressed the City Council provided a brief summary of an Energy Assistance Fund Pilot Program being offered to customers who reside in the City of Huntington Park, submitted a flyer advertising said program, and thanked the City Council for their time. Page 2 of 8 Regular City Council Meeting Minutes July 20, 2005 The City Attorney addressed the City Council and made the following clarifications concerning items included in the Consent Calendar: matter. ■ Cynthia Mireles is listed twice; Transfer should be effective August 1, 2005 Step Increase should be under the title of Account Clerk ■ Cindy Calzada's title should be Senior Administrative Assistant ■ Andrea Negrete's title should be Account Clerk The Mayor asked if there were any questions on this There were no questions at this time. The Consent Calendar was presented. Police Department Requesting authority for personnel to attend the following: • "PepperBall Instructor/Armorer Certification Course" • "Simunition Instructor and Safety Course" • "Taser M26 Instructor Training" • "Computerized Clets Users Group Training Conference" Personnel Committee Request that the transfer of Cynthia Mireles to the Treasurer's Department as an Administrative Assistant Account Clerk, on a lateral basis with no change in compensation, effective •iuly 19, 209E August 1, 2005. Request that Cindy Calzada be transferred to the Legal Department as an Senior Administrative Assistant, on a lateral basis with no change in compensation, effective August 1, 2005. Request that Joan Francone be transferred to the Purchasing/Customer Service Department as a Personnel Assistant, on a lateral basis with no change in compensation, effective August 1, 2005. Request that Michelle Tolmasoff be transferred to the Purchasing/Customer Service Department as an Administrative Assistant, on a lateral basis with no change in compensation, effective August 1, 2005. Request that Rebecca Moore be transferred to the Light & Power Department as an Administrative Assistant, on a lateral basis with no change in compensation, effective August 1, 2005. Request that Karina Rueda be transferred to the City Clerk's Office as an Administrative Assistant, on a lateral basis with no change in compensation, effective August 1, 2005. Page 3 of 8 Regular City Council Meeting Minutes July 20, 2005 Request that Jeff Graves, Fire Captain, Step 2, be granted a merit step increase to Fire Captain, Step 1, with a new monthly base salary of $6,624.00, effective August 21, 2005. Request that Gabriel Martinez, Police Officer, Step 5, be granted a merit step increase to Police Officer, Step 4, with a new monthly base salary of $4,648.00, effective August 14, 2005. Request that Andrea Negrete, Adfai-e.stratowe Asset Account Clerk, Step 10, be granted a merit step increase to Adfflinistrative Assist - Account Clerk, Step 9, with a new monthly base salary of $2,565.00, effective August 7, 2005. Request that Cynthia Mireles, Adffiinistrato=e Assistant Account Clerk, Step 10, be granted a merit step increase to Adffiinistrative Assist Account Clerk, Step 9, with a new monthly base salary of $2,565.00, effective August 7, 2005. Request that Sergeant Jerry Chavez, Jr. be reimbursed $1,224.10 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at California State University, Long Beach, related to his position with the City. Request that Patrol Sergeant Michael Kenneth Alway be reimbursed $1,368.88 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at California State University, Long Beach, related to his position with the City. It was moved by Gonzales, seconded by Davis, that the matters on the Consent Calendar, as recommended, be approved. Motion carried. Request to enter into an agreement with the County of Los Angeles regarding the seismic retrofit and repair of the Soto Street Bridge over the Los Angeles River at a total estimated cost to the City of $677,000.00, was presented. RESOLUTION NO. 8804 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and the County of Los Angeles Regarding Seismic Retrofit and Repair of the Bridge on Soto Street Over the Los Angeles River and Repealing Resolution No. 8137, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8804 be approved and adopted. Motion carried. RESOLUTION NO. 8809 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services By and Between the City of Vernon and Anthony J. Baldere for Planning, Development, Licensing and Construction of Light & Power Capital Projects, was read by title. Page 4 of 8 Regular City Council Meeting Minutes July 20, 2005 It was moved by McCormick, seconded by Gonzales, that Resolution No. 8809 be approved and adopted. Motion carried. RESOLUTION NO. 8810 - A Resolution of the City Council of the City of Vernon Paying Tribute to the Southern California Association of Governments in Recognition of its 40 Years of Service to the Southern California Region, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8810 be approved and adopted. Motion carried. Request to execute a Letter Agreement with the Los Angeles Junction Railway Company regarding the installation of water and sewer lines as part of Contract No. 592, was presented. RESOLUTION NO. 8811 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and the Los Angeles Junction Railway Company Regarding Water and Sewer Line Installation as Part of Contract No. 592, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 8811 be approved and adopted. Motion carried. RESOLUTION NO. 8812 - A Resolution of the City Council of the City of Vernon Authorizing the City Attorney to Identify and Negotiate Contract Services Agreements with Engineering Consulting Firms for the Purpose of Obtaining a License from the California Energy Commission and an Operating Permit from the South Coast Air Quality Management District, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8812 be approved and adopted. Motion carried. Request to enter into a Services Agreement with McHale Performance to carry out the performance testing required by the California Energy Commission at an estimated cost of $78,320.00, was presented. RESOLUTION NO. 8813 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and McHale Performance for Performance Testing Necessary for the Commissioning of the Malburg Generating Station, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8813 be approved and adopted. Motion carried. Request that an amendment to and complete restatement of the Southeast Water Coalition Joint Powers Authority ("SEWC") Agreement be approved and executed to extend the agreement for a period of twenty-five (25) years with a provision to appropriate $10,000.00 for the SEWC contribution required within thirty (30) days after the execution of said agreement, was presented. Page 5 of 8 Regular City Council Meeting Minutes July 20, 2005 RESOLUTION NO. 8814 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment and Complete Restatement of Southeast Water Coalition Joint Powers Agreement with Various Governmental Agencies, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8814 be approved and adopted. Motion carried. Warrant Register No. 1169 covering claims and demands presented during the period of July 7 through june July 13, 2005, drawn on Bank of America totaling $484,275.69, which includes Demand Nos. 306925 through 307016 (inclusive), excluding check numbers 306936, 306939, 306941, 306942, 306945, 306946, 306947, and also excluding Void Demand Nos. as listed below. (Accounting period June paid in July 2005): 306949 306950 306951 306952 306953 306954 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1169 be approved and payment authorized for claims and demands totaling $484,275.69. Motion carried. Warrant Register No. 1170 covering claims and demands presented during the period of July 7 through jidne July 13, 2005, drawn on Bank of America totaling $122,667.46, which includes Demand Nos. 306936 through 307035 (inclusive), excluding check numbers 306937, 306938, 306943, 306944, and 306948 through 307016, and also excluding Void Demand Nos. as listed below. (Accounting period July 2005): 307017 307018 307019 307020 307021 307022 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 1170 be approved and payment authorized for claims and demands totaling $122,667.46. Motion carried. Light & Power of the City of Vernon Warrant Register No. 133 covering claims and demands presented during the period of July 7 through July 13, 2005, drawn on Bank of America totaling $17,680.25, which includes Demand Nos. 501753 through 501781 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period July 2005): 501775 501776 501777 501778 501779 501780 It was moved by Ybarra, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 133 be approved and payment authorized for claims and demands totaling $17,680.25. Motion carried. Councilman Davis abstained and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Page 6 of 8 Regular City Council Meeting Minutes July 20, 2005 Light & Power of the City of Vernon Warrant Register No. 134 covering claims and demands presented during the period of July 7 through July 13, 2005, drawn on Bank of America totaling $1,485,711.02, which includes Demand Nos. 501751 through 501774 (inclusive), excluding check number 501753, and also excluding Void Demand Nos. as listed below. (Accounting period June paid in July 2005): 501754 501755 501756 501757 501758 501759 It was moved by Gonzales, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 134 be approved and payment authorized for claims and demands totaling $1,485,711.02. Motion carried. Councilman Davis abstained and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Payroll Warrant Register No. 589 covering claims and demands presented during the period of May 15 through June 11, 2005, drawn on Bank of America totaling $2,214,960.87, which includes Demand Nos. 8808 through 8824 (inclusive), with no voids. (Accounting period June 2005) It was moved by Ybarra, seconded by Davis, that the Payroll Warrant Register No. 589 be approved and the payment for claims and demands totaling $2,214,960.87 be ratified. Motion carried. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of July 7 through July 13, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $44,572.98, which includes Requisition Nos. 188 through 190 (inclusive). It was moved by McCormick, seconded by Gonzales, that the issuance of the Requisitions from the 2004 Series C Construction Fund and the payment of claims and demands totaling $44,572.98 be ratified. Motion carried. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of July 7 through July 13, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $335,977.84, which includes Requisition Nos. CE148 through CE149 (inclusive) . It was moved by Ybarra, seconded by Gonzales, that the issuance of the Requisitions from the Light & Power Custody Escrow Account No. 800452 and the payment of claims and demands totaling $335,977.84 be ratified. Motion carried. The City Attorney that now was the time to go into closed session. It was moved by McCormick, seconded by Ybarra, that the City Council go into closed session, the time being 5:40 p.m. Motion carried. Page 7 of 8 Regular City Council Meeting Minutes July 20, 2005 All persons were excluded from closed session with the exception of the Acting City Clerk, City Attorney, members 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 Ybarra, seconded by Davis, that the 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 regarding three potential cases of anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) of Government Code Section 54956.9 and that authority was given to the City Attorney to reject the claim submitted by Mr. Navarro and that no action was taken on the two remaining cases. There being no business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 5:45 p.m. ATTEST: Br V alkenhorst, Jr. Acting City Clerk r Leonis C. Malburg Mayor Page 8 of 8