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20050907 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 7, 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 advised that the Request to amend he Salary Resolution to comply with State Law on Retirement Plans should be removed from the Consent Calendar of tonight's agenda and no action be taken at this time. It was moved by Ybarra, seconded by McCormick, that the matter requested by the City Attorney be removed from the Consent Calendar of tonight's agenda and no action be taken at this time. It was moved by Gonzales, seconded by Davis, that the Minutes of the Regular City Council Meeting held August 17, 2005, be approved and adopted as submitted. Motion carried. The City Attorney announced that now was the time to present the Service Pins. The Mayor presented a service pin to the following employee and extended congratulations on behalf of the entire City Council: Francesco Pirello Police Officer 15 Years The following employees were unable to attend the meeting and their service pins were accepted by their respective department head. Louie Saenz Utilityman II 25 Years Jeffrey Coburn Systems Coordinator I 5 Years Police Department Activity Log for the period August 16th through 31st1 2005, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period August 16th through 31St, 2005, be received and filed. Motion carried. Fire Department Activity Report for the period August 16th through 31St, 2005, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period August 16th through 31st, 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. Regular City Council Meeting Agenda September 7, 2005 The Mayor asked if there was anyone in the audience who wished to address the Council at this time. Mr. Ronald Garcia from Southern California Edison introduced himself, addressed the City Council, summarized the unexpected Stage 3 incident that occurred on August 25, 2005, explained the process of the electric stages, and thanked the City Council for their time. The Mayor asked if there was any one else in the audience who wished to address the City Council at this time. There was no one wishing to address the Council at this time. The City Attorney announced that now was the time to open the public hearing regarding a variance application for The Kennepohl Family Trust located at 4201 and 4215 District Boulevard in the City of Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize two non -conforming truck loading spaces. It was moved by Gonzales, seconded by McCormick, to open the public hearing to consider a variance application for The Kennepohl Family Trust located at 4201 and 4215 District Boulevard in the City of Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize two non -conforming truck loading spaces, the time being 5:11 p.m. Motion carried. The Director of Community Services & Water summarized the staff report and asked that the variance be granted subject to the conditions thereon. The following supporting documents were submitted for the record: 1. Staff Report, dated August 31, 2005 2. Request for variance application permit and information supporting the application 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing The Mayor asked if there were any questions on this matter. There were no questions at this time. It was moved by Davis, seconded by McCormick, to close the public hearing to consider a variance application for The Kennepohl Family Trust located at 4201 and 4215 District Boulevard in the City of Vernon, the time being 5:15 p.m. Motion carried. RESOLUTION NO. 8836 - A Resolution of the City Council of the City of Vernon Granting a Variance to The Kennepohl Family Trust from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for the Property Located at 4201 and 4215 District Boulevard in the City of Vernon, was read by title. Page 2 of 10 Regular City Council Meeting Agenda September 7, 2005 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8836 be approved and adopted. Motion carried. The Consent Calendar was presented. City Administration Requesting authority for personnel to attend the following: • "California Energy Market Conference" • "Assertiveness Skills for Managers and Supervisors Seminar" Request to appoint Councilman McCormick as the voting delegate and Councilman Davis as the voting alternate during the League of California Cities Conference. Community Services & Water Department Requesting authority for personnel to attend the following: • "Business Writing for Results Seminar" Health Department Requesting authority for personnel to attend the following: • "Plastic Debris Rivers to Sea Conference" • "Envision User Group Training" Light & Power Department Requesting authority for personnel to attend the following: • "Regulatory & Business Issues for New Broadband Services Conference" Request ratification of the issuance of a purchase order to Demag/Siemens in the amount of $37,767.51 for HRSG Spare Parts for the Commissioning Spares for the Malburg Generating Station. Funds have been budgeted for this purchase. Request ratification of the issuance of a purchase order to Demag/Siemens in the amount of $326,947.00 for STG Spare Parts for the Malburg Generating Station. Funds have been budgeted for this purchase. Request ratification of the issuance of a purchase order to Demag/Siemens in the amount of $175,538.15 for CTG Spare Parts for the Malburg Generating Station. Funds have been budgeted for this purchase. Request to issue purchase orders to the following vendors at the stated amounts for the procurement of Electrical Spares for the Malburg Generating Station Project authorized by Resolution No. 8834: Page 3 of 10 Regular City Council Meeting Agenda September 7, 2005 Vendor Amount Virginia Transformer Corporation $34,152.88 Powell Apparatus Service Division $15,996.25 WESCO $49,488.65 Schweitzer Engineering $4,654.75 Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of August 11 through August 31, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $2,775,782.99, which includes Requisition Nos. 227 through 243 (inclusive). Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of August 11 through August 31, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $598,041.07, which includes Requisition Nos. CE158 through CE162 (inclusive). Police Department Requesting authority for personnel to attend the following: • "SB90 Fall Workshop" • "California O.T.S. Grant Writing Workshop" Purchasing/Customer Service Department Requesting authority for personnel to attend the following: • "Cal -Card Program/Accounting Workshop" • "Assertiveness Skills for Managers and Supervisors Seminar" Treasurer's Department Requesting authority for personnel to attend the following: • "Cal -Card Program/Accounting Workshop" • "Internal Controls in California Seminar" • "Powerful Communication Skills Seminar" Warrant Register No. 1173 covering claims and demands presented during the period of August 11 through August 31, 2005, drawn on Bank of America totaling $915,318.42, which includes Demand Nos. 307573 through 307762 (inclusive), excluding Void Demand Nos. as listed below. (Accounting period September 2005): 307575 307581 307617 through 307622 Payroll Warrant Register No. 590 covering claims and demands presented during the period of June 12 through July 9, 2005, drawn on Bank of America totaling $2,751,340.75, which includes Demand Nos. 8825 through 8839 (inclusive), with no voids. (Accounting period July 2005) Page 4 of 10 Regular City Council Meeting Agenda September 7, 2005 Finance Committee — August 23, 2005 Request that permission be granted to William K. Althouse to lease a two -bedroom house located at 3349 Fruitland Avenue. Request that permission be granted to Petrelli Utilities to lease a two -bedroom city owned house located at 4327 Furlong Place. Request that permission be granted to Richard Jay Maisano to lease a one -bedroom apartment located at 3376 E. 50th Street. Ratification of the execution of Change Order No. 8 to the Contract with Epic Land Solutions, Inc., in the amount of $3,300.00 regarding the 26th Street Extension. Request to issue a purchase order to Dell Computers for the purchase 11 computer systems for the Emergency Operations Center (EOC) at an approximate cost of $19,470.16, utilizing 2004 Homeland Security Grant Funds. Request to issue a purchase order to Motorola c/o K.R. Nida for the purchase three (3) digital radios for the Fire Department at an approximate amount of $11,119.31, utilizing 2003 Urban Area Security Initiative Grant Funds. Request to issue a purchase order to Dennis D. Rock Construction for the testing of secondary containment compartment of all city owned storage fuel tanks at an amount of $7,700.00. Request to issue a purchase order to Karen Warner Associates to assist the City with the revision of its current 2001 Housing Element at an amount not to exceed $15,000.00. RESOLUTION NO. 8837 - 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 Power Engineers, Inc. for Leonis Substation Study Request to approve Work Authorization No. NG05-003 to the Contract with Petrelli Electric, Inc., at an amount not to exceed $50,00.00, utilizing A.E. Schmidt Co., Inc., as the subcontractor. Request to approve Change Order No. 6 to the Contract with Demag Delaval Industrial Turbo Machinery Inc., for HRSG Spare Parts in the amount of $40,883.33. Request to approve Change Order No. 5 to the Contract with Demag Delaval Industrial Turbo Machinery Inc., for STG Spare Parts at an approximate amount of $353,920.13. Request to approve Change Order No. 7 to the Contract with Demag Delaval Industrial Turbomachinery, Inc. for the purchase of CTG Spare Parts at an approximate amount of $190,020.00. Request to approve Schedule C - Electronic Bulletin Board (EBB) Agreement - to the Master Services Agreement with Southern California Gas Company (SCGC) at no additional cost. Page 5 of 10 Regular City Council Meeting Agenda September 7, 2005 Ratification of the execution of the following Work Authorizations to the Contract with Galliera Inc., dba Trico Construction (Trico): PM-01A-05-002-LP in the amount of $11,957.00, utilizing Applied Engineering Concepts as the subcontractor. PM-28-02-25-MGS in the amount of $27,170.00, utilizing Rhino Construction as the subcontractor. PM-32A-05-29-LP in the amount of 12,754.50, utilizing Rhino Construction as the subcontractor. PM-32B-05-29-LP in the amount of $9,432.50, utilizing Rhino Construction as the subcontractor. PM-32C-05-29-LP in the amount of $14,630.00, utilizing Rhino Construction as the subcontractor. PM-37-05-34-LP in the amount of $79,887.50, utilizing Hampton Tedder as the subcontractor. PM-38-05-35-MGS in the amount of $6,908.00, utilizing Mitsubishi Power Systems, Inc., as the subcontractor. PM-39-05-36-MGS in the amount of $3,976.50, utilizing Contra Costa Electric, Inc., as the subcontractor. PM-40-5-37-MGS in the amount of $5,918.00, utilizing Contra Costa Electric, Inc., as the subcontractor. PM-41-5-38-MGS in the amount of $850.63, utilizing Accurate Air Engineering, Inc., as the subcontractor. PM-42-5-39-MGS in the amount of $6,958.60, utilizing Atlas Copco Filters, Inc., as the subcontractor. PM-43-05-40-MGS in the amount of $2,236.30, utilizing Contra Costa Electric, Inc., as the subcontractor. Request to issue a purchase order to Printing Systems for the printing of the City's Centennial Photo Album at an approximate cost of $3,496.00. Request to issue a purchase order to Bouse Machine Company for the purchase of Commemorative License Plates for the City's Centennial Anniversary at an amount of $2,500.00. RESOLUTION NO. 8838 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Termination of the City of Vernon Supplemental Executive Retirement Plan and the City of Vernon Trust Under the Supplemental Executive Retirement Plan Approved by Resolution No. 7753 Personnel Committee — August 23, 2005 Ratification of the grant of a merit step increase to Victor Vasquez, from Utilityman IV, Step 6, to Utilityman IV, Step 5, with a new monthly base salary of $2,444.00, effective August 21, 2005. Page 6 of 10 Regular City Council Meeting Agenda September 7, 2005 Request to grant Claudia Arellano, Department Secretary, Step 3, a merit step increase to Department Secretary, Step 2, with a new monthly base salary of $5,456.00, effective September 4, 2005. Request to grant Daniel Armellini, Administrative Captain, Step 2, a merit step increase to Administrative Captain, Step 1, with a new monthly base salary of $6,624.00, effective September 4, 2005. Request to grant Andrew Kroner, Engineer, Step 2, a merit step increase to Engineer, Step 1, with a new monthly base salary of $5,561.00, effective September 4, 2005. Request to grant Brett Koontz, Environmental Health Specialist, Step 2, a merit step increase to Environmental Health Specialist, Step 1, with a new monthly base salary of $6,758.00, effective September 18, 2005. Request to grant Richard Velazquez, Vernon Service Officer, Step 8, a merit step increase to Vernon Service Officer, Step 7, with a new monthly base salary of $2,655.00, effective September 18, 2005. Request to reimburse Tyler Shook $1,402.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at California State University, Fullerton, related to his position with the City. Request to reimburse Kenneth Jackson $253.37 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at Los Angeles Trade -Technical College related to his position with the City. Request to transfer Fernando Flores to the Water Department on a lateral basis only, with no change in compensation, effective August 28, 2005. Ratification of the reassignment of Sergeant Fernando Rodriguez to the Patrol Division effective August 21, 2005. With this reassignment, Sergeant Rodriguez will no longer be eligible for the $175.00 per month Premium Pay. Ratification of the reassignment of Sergeant Roberto Sousa to the Detective Bureau effective August 21, 2005. With this reassignment, Sergeant Sousa will be eligible for the $175.00 per month Premium Pay. It was moved by Gonzales, seconded by Ybarra, that the matters on the Consent Calendar, as recommended, be approved and adopted. Motion carried. RESOLUTION NO. 8839 - A Resolution of the City Council of the City of Vernon Authorizing Gloria J. Orosco, Special Assistant to the City Administrator, to Execute Documents Relating to Case Nos. BC 331516 and BS 095763 on Behalf of the City, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 8839 be approved and adopted. Motion carried. Page 7 of 10 Regular City Council Meeting Agenda September 7, 2005 RESOLUTION NO. 8840 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Access Agreement By and Between the City of Vernon and Matheson Tri-Gas, Inc. Regarding Property at 4855 East 52nd Place in the City of Vernon, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8840 be approved and adopted. Motion carried. RESOLUTION NO. 8841 - A Resolution of the City Council of the City of Vernon (i) Approving and Authorizing the Acting Director of Light & Power, the City Attorney and the Acting Finance Director to Enter into Various Contracts for the Purchase and Sale of Electric Energy and Natural Gas By and Between the City and Vendor(s) for periods from One Day to Fifteen Years; and (ii) Authorizing the Issuance of Request for Proposal for the Purchase and/or Sale of Electric Energy and Natural Gas, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8841 be approved and adopted. Motion carried. RESOLUTION NO. 8842 - A Resolution of the City Council of the City of Vernon Appointing Manuel Garcia to the Position of Assistant Finance Director, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8842 be approved and adopted. Motion carried. RESOLUTION NO. 8843 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Three Listing Agreements By and Between the City of Vernon and Cushman & Wakefield, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8843 be approved and adopted. Motion carried. RESOLUTION NO. 8844 - A Resolution of the City Council of the City of Vernon Accepting the Revised Bid of Robison- Prezioso, Inc. for Reservoir 2-1 Roof Improvement in Accordance with Contract No. 595 of the City of Vernon and Approving the Execution of a Contract, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8844 be approved and adopted. Motion carried. RESOLUTION NO. 8845 - 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 Los Angeles County Flood Control District Regarding Trash Excluders in the City of Vernon, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 8845 be approved and adopted. Motion carried. RESOLUTION NO. 8846 - 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 Infrastructure Engineering Corporation for the Preparation of an Urban Water Management Plan, was read by title. Page 8 of 10 Regular City Council Meeting Agenda September 7, 2005 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8846 be approved and adopted. Motion carried. RESOLUTION NO. 8847 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Two to Consulting Services Agreement By and Between the City of Vernon and Melvyn Green and Associates, Inc., was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8847 be approved and adopted. Motion carried. RESOLUTION NO. 8848 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Termination of an Equipment Purchase Contract with Comserco, Inc. Approved by Resolution No. 8579, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8848 be approved and adopted. Motion carried. RESOLUTION NO. 8849 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken Regarding the Extension of the City's Commercial Builder's Risk Policy Through Arthur J. Gallagher & Co., was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8849 be approved and adopted. Motion carried. RESOLUTION NO. 8850 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Standard Offer, Agreement and Escrow Instructions for Purchase Of Real Estate By and Between the City of Vernon and Dynamic Builders for Property Located at 4900 Bandini Boulevard, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8850 be approved and adopted. Motion carried. Light & Power of the City of Vernon Warrant Register No. 138 covering claims and demands presented during the period of August 11 through August 31, 2005, drawn on Bank of America totaling $6,997,024.97, which includes Demand Nos. 501870 through 501927 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period September 2005): 501874 501889 through 501894 . It was moved by Gonzales, seconded by Ybarra, that the Light & Power of the City of Vernon Warrant Register No. 138 be approved and payment for claims and demands totaling $6,997,024.97. 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. The City Attorney announced that now was the time to go into closed session. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session, the time being 5:28 p.m. Motion carried. Page 9 of 10 Regular City Council Meeting Agenda September 7, 2005 Everyone was excluded from closed session with the exception of the Acting Director of Light & Power, City Attorney, Chief Assistant City Attorney, Assistant 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. The Acting Director of Light & Power was excused from closed session at 5:33 p.m. It was moved by Ybarra, seconded by McCormick, that the City Council go out of closed session and resume regular session, the time being 5:55 p.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding DEPARTMENT(S) REORGANIZATION pursuant to Government Code 54957 and that authority was granted to the Acting Director of Light & Power to initiate the re -organization of said department. It was reported out that the City Council had a conference in closed session with legal counsel regarding existing litigation cases, LASC No.BC 331516 and LASC No. BS095763 pursuant to subdivision (a) of Government Code § 54956.9, and that no action was taken at this time. It was reported out that the City Council had a conference in closed session with legal counsel regarding five potential cases of significant litigation pursuant to subdivision (b) of Government Code § 54956.9 and that authority was granted to the City Attorney to reject the claim submitted by Mr. Osorio, to accept the claim submitted by the California Highway Patrol, and that no action was taken on the three remaining cases. It was moved by Gonzales, seconded by Ybarra, that authority be granted to the City Attorney to prepare a Resolution congratulating the Former City Administrator on his retirement. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 5:57 p.m. Motion carried. ATTEST: B e . Malkenhorst, r. Acting City Clerk tis C. lburg Mayor Page 10 of 10