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20050921 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 21, 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. CHANGES TO THE AGENDA - None It was moved by McCormick, seconded by Gonzales, that the Minutes of the Regular City Council Meeting held September 7, 2005, be approved and adopted as submitted. Motion carried. The City Attorney advised that now was the time to present the Perfect Attendance Awards for the month of August 2005. EMPLOYEE NAME POSITION DOH YEARS Kristen Enomoto Sr. Admin. Assistant 08/18/03 2 Irene Castillo Account Clerk 09/20/42-00 4 James Espalin Firefighter 08/13/01 4 David Alvarez Administrative Assistant 07/05/88 5 Ana Swinford Administrative Assistant 08/23/93 12 Robert Kipness Foreman 09/01/78 12 Manuel Garcia Generation Operations Mgr. 05/27/84 19 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. Troy Durbin Firefighter 08/13/01 4 Scott Metz Firefighter 08/13/01 4 Jason Rosa Firefighter 08/13/01 4 Larry Walker Firefighter 08/13/01 4 Jeffrey Coburn Systems Coordinator I 08/14/00 5 Steve Ruffoni Fire Captain 05/16/88 5 Daniel Simon Firefighter 02/01/70 5 Michael Wilson Battalion Chief 08/17/87 5 Cerrisa Diaz Dispatcher 08/02/99 6 Roberto Sousa Police Sergeant 08/11/97 8 Gregory Bringhurst Firefighter 09/18/89 9 Benjamin Potter Police Officer 06/18/90 13 William Wilson Code Enforcement Inspector 08/27/84 13 Fire Department Activity Report for the period September 1st through 15th, 2005, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period September 1st through 15th, 2005. Motion carried. Regular City Council Meeting Agenda September 21, 2005 Police Department Activity Log for the period September 1st through 15th, 2005, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period September 1st through 15th, 2005, be received and filed. Motion carried. Risk Management Report for the month of August 2005, was presented. It was moved by Ybarra, seconded by Davis, that the Risk Management Report for the month of August 2005, be received and filed. Motion carried. Health Department Report for the month of August 2005, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of August 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. The Consent Calendar was presented. City Administration Requesting authority for personnel to attend the following: • "Business Writing for Results Seminar" • "California Energy Markets Seminar" • "Legislative Program on the Energy Act of 2005" Request to appoint Councilman McCormick as the voting delegate and Councilman Davis as the voting alternate during the National League of Cities Conference. Community Services & Water Department Requesting authority for personnel to attend the following: • "Fundamentals of Traffic Engineering Course" • "Asphalt Pavement Fundamentals Course" • "California Building Officials Training Institute (CALBO) 15th Annual 2005 Education Weeks • "Caltrans Bridge Research Conference Program" Fire Department Requesting authority for personnel to attend the following: • "California State Firefighters' Association (CSFA) Annual Conference" • "Hazmat Technician Training - Modules lA & 1B" • "OES/USAR Task Force Rescue Systems II Course" Page 2 of 8 Regular City Council Meeting Agenda September 21, 2005 Light & Power Department Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of September 1 through September 14, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $11,706.94, which includes Requisition Nos. 244 through 249 (inclusive). Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of September 1 through September 14, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $317,932.87, which includes Requisition Nos. CE163 through CE165 (inclusive). Police Department Requesting authority for personnel to attend the following: • "2005 Law Enforcement Seminar" • "Informant Development and Management Course" • "Communications Training Officer Course" • "California Narcotics Officer Association's Annual Training Conference" • "Cavenaugh & Associates DUI Seminar" Risk Management Requesting authority for personnel to attend the following: • "ICRMA Advanced Issues in Workers' Compensation Seminar" • "The Rules & Regulations of Workplace Safety and Cal/OSHA Compliance Seminar" Treasurer's Department Warrant Register No. 1174 covering claims and demands presented during the period of September 1 through September 14, 2005, drawn on Bank of America totaling $898,270.82, which includes Demand Nos. 307763 through 307986 (inclusive), excluding Void Demand Nos. as listed below. (Accounting period September 2005) 307791 through 307796 Payroll Warrant Register No. 591 covering claims and demands presented during the period of July 10 through August 6, 2005, drawn on Bank of America totaling $2,377,180.50, which includes Demand Nos. 8840 through 8855 (inclusive), with no voids. (Accounting period August 2005) Finance Committee Ratification of the execution of Change Order No. Twe Three to the Comeland Maintenance Agreement for the cleaning of the Vernon Light & Power facility located at 2715 50th Street at an amount of $4,837.50. Page 3 of 8 Regular City Council Meeting Agenda September 21, 2005 Ratification of the execution of Change Order No. One to the agreement with Infrastructure Engineering for a Water Study for the Vernon Power Plant at an amount of $14,689.00. Request to approve the following Computer Loan Applications/Agreements at the stated amounts: Jacqueline Hamilton $2,491.19 Frank Quinones $2,166.19 Jerrick Torres $1,479.35 Request to enter into a three-year agreement with SBC for two (2) T-1 phone lines at an approximate total amount of $20,206.00. Request to issue a purchase order to the MTM Technologies (formerly Network Catalyst) Agreement that is necessary to facilitate Internet Services to businesses within the City at an amount not -to -exceed $35,000.00 increasing the original contract amount to $65,000.00. Request to approve Work Authorization No. NG05-0004 to the contract with Petrelli Electric, Inc. to abandon approximately 300 feet of gas distribution to accommodate the extension of the 26th Street crossing over Atlantic Boulevard at an amount not -to - exceed $12,600.00, utilizing A.E. Schmidt, Inc. as the subcontractor. Request to issue a purchase order to Jesk Environmental to conduct three (3) on -site training classes at Fire Station No. 1 for Fire Hazmat Personnel at a total cost of $3,600.00. RESOLUTION NO. 8862 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the City's Participation in the Quartermaster Program Provided by Fischer Safety and Authorizing Any Action Deemed Necessary to Implement the City's Participation in Said Program Request to issue various purchase orders to Fisher Scientific utilizing the Quartermaster purchasing program for the purchase of emergency related items to be used by the Fire Hazmat Team at an approximate grand total of $100,879.07, utilizing UASIFY03 and UASIFY04 Grant Funds. RESOLUTION NO. 8861 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Services Agreement By and Between the City of Vernon and Stancil Corporation Request that permission be granted to David K. Mcezzi and Constantine Economos to lease the two -bedroom apartment located at 3390 E. 50th Street. RESOLUTION NO. 8863 - A Resolution of the City Council of the City of Vernon Appointing Rory Burnett to the Position of Finance Director and Donal O'Callaghan to the Position of Director of Light & Power Page 4 of 8 Regular City Council Meeting Agenda September 21, 2005 Approving the execution of Work Authorizations 1 - 7 to the agreement with Kiamako LLC dba Pacific Grille at an approximate total amount of $23,709.36: 001 $3,300.00 002 $7,783.98 003 $440.00 004 $4,800.00 005 $690.00 006 $2,119.00 007 $4,576.38 Personnel Committee Request to grant Rebecca Moore, Administrative Assistant, Step 6, a merit step increase to Administrative Assistant, Step 5, with a new monthly base salary of $3,027.00, effective October 16, 2005. Request to grant Inez Aragon, Police Officer, step 1, be granted the 3% incentive pay for her acquiring the Intermediate POST Certificate. This is in accordance with Section 8 of the Fifth Side Letter, and if approval is granted, it shall be effective September 1, 2005. Request to reimburse Police Officer Barry D. Miller, Jr. $1,236.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Summer 2005 Semester at the University of Phoenix related to his position with the City. Request to reimburse Police Officer Francesco Marco Pirello $271.15 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at Victor Valley College related to his position with the City. Request to reimburse Firefighter Douglas C. Barker $1,360.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at the University of Phoenix related to his position with the City. Request to reimburse Fire Captain Jed Hulsey $1,200.00 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 to reimburse Fire Engineer Dean A. Richens $1,613.90 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Summer 2005 Semester at the University of La Verne related to his position with the City. Request to approve Fire Engineer Dean A. Richens to participate in the City's tuition reimbursement program respecting University of La Verne contingent upon the execution of a tuition reimbursement agreement and payback schedule. Page 5 of 8 Regular City Council Meeting Agenda September 21, 2005 RESOLUTION NO. 8859 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8473, as Reaffirmed and Amended by Resolution No. 8780, by Amending Pages 6, 7 and 13 of Schedule II (Exhibit "B") of Said Resolution Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances It was moved by Ybarra, seconded by Gonzales, that the matters on the Consent Calendar, as recommended, be approved. Motion carried. RESOLUTION NO. 8852 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of Redevelopment Fund Loan No. 10 By and Between the City of Vernon and the Redevelopment Agency of the City of Vernon, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 8852 be approved and adopted. Motion carried. RESOLUTION NO. 8853 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Agreement By and Between the City of Vernon and the Redevelopment Agency of the City of Vernon to Convey Real Estate Located at 4855 East 52nd Place, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8853 be approved and adopted. Motion carried. RESOLUTION NO. 8854 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance by the Redevelopment Agency of the City of Vernon of its Industrial Redevelopment Project Tax Allocation Bonds, Approving a Form Subordination Agreement and Authorizing the Taking of Necessary Actions in Connection with the Issuance of the Bonds, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 8854 be approved and adopted. Motion carried. RESOLUTION NO. 8855 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Master Services Contract Schedule C-Electronic Bulletin Board (EBB) Agreement By and Between the City of Vernon and Southern California Gas Company, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8855 be approved and adopted. Motion carried. The City Attorney advised that the following resolution should be removed from the agenda. RESOLUTION NO. 8856 - 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 and Rescinding Resolution No. 8838. Page 6 of 8 Regular City Council Meeting Agenda September 21, 2005 It was moved by Ybarra, seconded by Davis, that Resolution No. 8856 be removed from the agenda and no further action be taken at this time. Motion carried. RESOLUTION NO. 8857 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken Regarding the Additional Extension of the City's Commercial Builder's Risk Policy Through Arthur J. Gallagher & Co., was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8857 be approved and adopted. Motion carried. RESOLUTION NO. 8858 - A Resolution of the City Council of the City of Vernon Accepting the Bid of USS Cal Builders, Inc. Fire Station No. 2 Replacement, Police Department and Public Works Building Remodel in Accordance with Contract No. 582 of the City of Vernon and Approving the Execution of a Contract, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8858 be approved and adopted. Motion carried. RESOLUTION NO. 8860 - 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 Burns & Roe to Act as the Owner's Engineer for the Vernon Power Plant, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8860 be approved and adopted. Motion carried. Light & Power of the City of Vernon Warrant Register No. 139 covering claims and demands presented during the period of September 1 through September 14, 2005, drawn on Bank of America totaling $1,959,625.18, which includes Demand Nos. 501928 through 501981 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period September 2005) 501942 through 501947 It was moved by Ybarra, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 139 be approved and payment authorized for claims and demands totaling $1,959,625.18. 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 advised that now was the time to go into closed session. It was moved by McCormick, seconded by Davis, that the City Council go into closed session, the time being 5:46 p.m. Motion carried. Everyone was excluded from closed session with the exception of the City Attorney, Chief Assistant Attorney, Acting City Clerk, Chief of Police, Members of the City Attorney's Office, and outside Legal Counsel for the City. Page 7 of 8 Regular City Council Meeting Agenda September 21, 2005 The Mayor ordered all communications to and from closed session deemed privileged and confidential. Assistant Records Manager entered closed session at 5:46 p.m. The Assistant Records Manager was excused from closed session at 5:50 p.m. The Chief of Police was excused from closed session at 5:52 p.m. Utilityman II entered closed session at 5:53 p.m. Utilityman II was excused from closed session at 6:00 p.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 6:30 p.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding Employee Discipline/Dismissal/Release pursuant to Government Code § 54957 and that direction was given to the Acting City Clerk to act on the City's behalf on said matters. It was reported out that the City Council had a conference in closed session with Legal Counsel regarding existing litigation case no. BC 265905 pursuant to subdivision (a) of Government Code § 54956.9 and that authority was granted to the City Attorney to accept the offer from Sempra in the amount of $2,737,942.39. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting be adjourned, the time being 6:30 p.m. Leonis C. Mal urg Mayor ATTEST: Bruce V. Malkenhorst, Jr. Acting City Clerk Page 8 of 8