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20051012 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 12, 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 a request to approve an Agreement with Southern California Edison Company (SCE) to perform an Interconnection System Impact Study in relation to the Vernon Power Plant's Application for Certification at an approximate cost of $90,000.00, which required immediate action, was brought to his attention after the agenda was posted and asked the Council to find that there is a need to take immediate action by adding Resolution No. 8873 to tonight's agenda. Ayes: Malburg,Ybarra, Noes: None Abstained: None Absent: None Gonzales, Davis, McCormick It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8873 be added to tonight's agenda. Motion carried. Councilman Davis abstained and disqualified himself from voting on this matter. It was moved by McCormick, seconded by Davis, that the Minutes of the Regular City Council Meeting held September 21, 2005, be approved and adopted as submitted. Motion carried. The City Attorney announced that now was the time to present the Service Pins for the month of October. Dolores Jaunzemis Purchasing Assistant 20 Years Laney Wang Accountant 15 Years Cindy Calzada Sr. Administrative Assistant 5 Years Marianne Vazquez Records Clerk 5 Years The Mayor presented the awards to the above listed employees and extended congratulations on behalf of the entire City Council. The following employee was unable to attend the meeting. The award was accepted by the respective department head. Salvador Ramos Police Officer 5 Years Adjourned Regular City Council Meeting Agenda October 12, 2005 The presentation of Certificates of Recognition was conducted by Mayor to the following departments for their involvement in the construction of the Malburg Generating Station Project. • Community Services & Water Department ■ Finance Department ■ Fire Department ■ Environmental Health Department ■ Light & Power Department ■ Police Department, and ■ Risk Management Fire Department Activity Report for the period September 16th through 30th, 2005, was presented. It was moved by Gonzales, seconded by McCormick, that the Fire Department Activity Report for the period September 16th through 30th, 2005, be received and filed. Motion carried. Police Department Activity Log for the period September 16th through 30th, 2005, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period September 16th through 30th, 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. Chief Deputy City Attorney Willard Yamaguchi introduced himself, addressed the City Council, and provided an update on the catastrophic event that occurred on October 6, 2005, in which three individuals were fatally struck by a vehicle. ORDINANCE NO. 1110 - An Interim Ordinance of the City Council of the City of Vernon Placing a Moratorium on the Establishment of Retail and Certain Commercial and Non -Industrial Activities Outside the Santa Fe Corridor, Declaring the Urgency Thereof and a Basis for said Ordinance to take Effect Immediately, was read by title for the first and final reading. The City Attorney briefly summarized this matter. The Mayor asked if there were any questions regarding this matter. There were no questions on this matter at this time. Ayes: Ybarra, Gonzales, Davis, McCormick Noes: None Abstained: Malburg Absent: None It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1110 be approved for a first and final reading. Page 2 of 9 Adjourned Regular City Council Meeting Agenda October 12, 2005 The Consent Calendar was presented. City Administration 1. Requesting authority for personnel to attend the following: • "Biodiesel Conference" Light & Power Department 2. Ratification for attendance of the following: • "Recent Developments in Internet Selling & Advertising" 3. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of September 15 through October 5, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $714,004.67, which includes Requisition Nos. 250 through 272 (inclusive). 4. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of September 15 through October 5, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $606,762.08, which includes Requisition Nos. CE166 through CE173 (inclusive). Police Department 5. Requesting authority for personnel to attend the following: • "Prop 69 Training" • "Corrections Officer Core Course" • "(FBI) Firearms Instructor Course" • "California Background Investigators Association Annual Training Conference" Treasurer's Department 6. Warrant Register No. 1175 covering claims and demands presented during the period of September 15 through October 5, 2005, drawn on Bank of America totaling $1,427,849.60, which includes Demand Nos. 307987 through 308253 (inclusive), excluding . Void Demand Nos. as listed below. (Accounting period October 2005): 308072 through 308077 Finance Committee 7. Ratification of the execution of Change Order No. One to the agreement with PIC Environmental Services for six additional borings and samplings at an amount of $16,529.00. Page 3 of 9 Adjourned Regular City Council Meeting Agenda October 12, 2005 8. Ratification of the execution of the following Work Authorizations to the Contract with Galliera Inc., dba Trico Construction (Trico): PM6A-05-005-MGS in the amount of $584,804.30, utilizing Contra Costa Electric, Inc. as the subcontractor. PM6B-05-005-MGS in the amount of $222,481.60, utilizing Contra Costa Electric, Inc. as the subcontractor. PM-22-05-18-MGS in the amount of $57,750.00, utilizing U.S. Filter as the subcontractor. PM-32-05-29-MGS in the amount of $27,170.00, utilizing Rhino Construction as the subcontractor. PM-35-05-32-MGS at a not -to -exceed amount of $77,000.00, utilizing Trico Construction as the contractor. PM-44-05-41-MGS in the amount of $7,796.80, utilizing Contra Costa Electric, Inc. as the subcontractor. PM-45-05-42-MGS in the amount of $1,002.10, utilizing Contra Costa Electric, Inc. as the subcontractor. PM-49-05-46-MGS in the amount of $775.50, utilizing Contra Costa Electric, Inc. as the subcontractor. PM-52-05-49-MGS in the amount of $2,724.00, utilizing Crane Pro Services as the subcontractor. PM-54-05-49-MGS in the amount of $21,369.70, utilizing Contra Costa Electric, Inc. as the subcontractor. 9. Ratification of the execution of an Access License Agreement with Alcan, Inc. to perform geotechnical borings on property located at 3200 Fruitland Avenue. 10. RESOLUTION NO. 8864 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Software License and Implementation Agreement and Support Agreement By and Between the City of Vernon and Advanced Utility Systems Corporation for Utility Billing and Customer Service Program 11. Request to purchase timekeeping software from Automated Data Processing ("ADP") to increase payroll efficiency at an approximate cost of $6,500.00. 12. Request to approve and execute a month -to -month maintenance agreement with ADP for the above requested timekeeping software at a cost of $1,683.00 per month. 13. Request to issue a purchase order to CDW-G for the purchase of nine business notebook computers for the detectives and some of the patrol officers and three-year Accidental Damage Protection Coverage for the units at a total approximate cost of $28,535.78. Page 4 of 9 Adjourned Regular City Council Meeting Agenda October 12, 2005 14. Request to issue a purchase order to Cingular to purchase five Sony Aircards with Simms Cards at a total approximate cost of $135.31 to be used with the above requested notebook computers. 15. Request to issue a purchase order to NetMotion Wireless to purchase nine licenses and annual maintenance fees for the above requested Sony Aircards at an approximate total cost of $732.93. 16. Request for approval to grant permission to Carl Algee to lease a one -bedroom city owned apartment located at 3386 E. 50th Street. 17. Request to ratify the execution of Change Order No. 9 to the contract with Riamako, LLC dba Pacific Grille in conjunction with the City's event of September 15, 2005, in the amount of $974.70. 18. Request to issue a purchase order to Dynalectric in the amount of $8,600.00 for two traffic cabinets and controllers to be installed at the intersections of 37th Street at Seville Avenue and Bandini Boulevard at Sierra Pine. 19. Request to approve and execute Change Order No. 2 to the Purchase Order issued to PIC Environmental Services in the amount of $3,787.00 for a grand total cost of $62,400.00. 20. Request to issue a purchase order to Mills Engineering Co., Inc., for the purchase of 70 waste receptacles, plastic liners, and logo at an approximate amount of $30,350.60. 21. Request to issue a purchase order to Motorola/Advanced Electronics for the purchase of six (6) portable radios, software, and related accessories at an approximate amount of $13,077.43. 22. Request to issue a purchase order to SBC to relocate the main telephone circuit from the first floor to the basement at the Power Plant Control Center at an approximate amount of $5,370.44. 23. Request to issue a purchase order to AT&T/Cingular for airtime service for the nine (9) notebooks recently purchased for the Police Department at an approximate amount of $4,777.28, for the remaining of the fiscal year. 24. Request to issue a purchase order to Mobile Equipment Company for the training of crane operators at a weight of 14,999 lbs. or less at an amount of $3,717.00. 25. Request to approve and execute Change Order No. One to the agreement with Horizon Air Measurement Services in the amount of $56,086.00. Personnel Committee 26. Request to grant Marisol Trujillo, Administrative Assistant, Step 2, a merit step increase to Administrative Assistant, Step 1, with a new monthly base salary of $3,750.00, effective October 2, 2005. Page 5 of 9 Adjourned Regular City Council Meeting Agenda October 12, 2005 27. Request to grant Miguel Zendejas, Police Officer, Step 2, a merit step increase to Police Officer, Step 1, with a new monthly base salary of $5,459.00, effective October 19, 2005. 28. Request to grant David Trejo, Police Officer, Step 5, a merit step increase to Police Officer, Step 4, with a new monthly base salary of $4,648.00, effective October 18, 2005. 29. Request to grant Fernando Valenzuela, Police Officer, Step 2, a merit step increase to Police Officer, Step 1, with a new monthly base salary of $5,459.00, effective October 15, 2005. 30. Request to reimburse Police Officer Brandon Gray, $1,168.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Summer 2005 Semester at California State University, Los Angeles related to his position with the City. 31. Request to grant Irene Castillo, Account Clerk, Step 6, a merit step increase to Account Clerk, Step 5, with a new monthly base salary of $3,178.00, effective October 2, 2005. 32. Request to grant Michelle Tolmasoff, Administrative Assistant, Step 7, a merit step increase to Administrative Assistant, Step 6, with a new monthly base salary of $2,869.00, effective October 16, 2005. 33. Request to grant Gerardo Farias, Utilityman III, Step 2, a merit step increase to Utilityman III, Step 1, with a new monthly base salary of $3,750.00, effective October 30, 2005. (Date of last increase October 31, 2004) 34. Request to grant Jose Uriarte, Utilityman III, Step 2, a merit step increase to Utilityman III, Step 1, with a new monthly base salary of $3,750.00, effective October 30, 2005. (Date of last increase October 31, 2004) 35. Request to reclassify Marco Reynoso, Utilityman III, Step 1, to the position of Utilityman II, Step 4, with a new monthly base salary of $3,955.00, effective October 30, 2005. 36. Request to grant Alejandro Nevarez, Systems Coordinator II, Step 6, a merit step increase to Systems Coordinator II, Step 5, with a new monthly base salary of $4,093.00, effective October 30, 2005. (Date of last increase October 31, 2004) 37. Request to grant Shahram Sharifzadeh, Systems Coordinator I, Step 5, a merit step increase to Systems Coordinator I, Step 4, with a new monthly base salary of $5,839.00, effective October 30, 2005. (Date of last increase October 31, 2004) 38. Employee requesting Vacation and Perfect Attendance time to be transferred to a family member. It was moved by Ybarra, seconded by Davis, that the matters on the consent calendar be approved as recommended. Motion carried. Page 6 of 9 Adjourned Regular City Council Meeting Agenda October 12, 2005 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, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8856 be approved and adopted. Motion carried. RESOLUTION NO. 8865 - A Resolution of the City Council of the City of Vernon Accepting the Work of Sully Miller Contracting Company in Accordance with Contract No. 570 of the City of Vernon, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8865 be approved and adopted. Motion carried. RESOLUTION NO. 8866 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to Lease By and Between the City of Vernon and Union Ice -Pacific, L.P., Through its General Partner, Union Ice GP Inc. for 50th Street, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8866 be approved and adopted. Motion carried. RESOLUTION NO. 8867 - A Resolution of the City Council of the City of Vernon Approving and Ratifying Actions Taken in Obtaining Pollution Legal Liability Insurance from American International Specialty Lines Insurance Company for Insurance Coverage Relating to Pre-existing Conditions of Acquired Properties, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 8867 be approved and adopted. Motion carried. RESOLUTION NO. 8868 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Disadvantaged Business Enterprise Program Pursuant to Part 26 of Title 49 of the Code of Federal Regulations, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8868 be approved and adopted. Motion carried. RESOLUTION NO. 8869 - A Resolution of the City Council of the City of Vernon Appointing Donal O'Callaghan, Director of Light & Power, as the City's Designated Representative for Units M1 and M2 of the Malburg Generating Station, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8869 be approved and adopted. Motion carried. RESOLUTION NO. 8870 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Redevelopment Revolving Fund Loan No. 11 By and Between the City of Vernon and the Redevelopment Agency of the City of Vernon, was ready by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8870 be approved and adopted. Motion carried. Page 7 of 9 Adjourned Regular City Council Meeting Agenda October 12, 2005 RESOLUTION NO. 8871 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Redevelopment Revolving Fund Loan No. 12 By and Between the City of Vernon and the Redevelopment Agency of the City of Vernon, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8871 be approved and adopted. Motion carried. RESOLUTION NO. 8872 - A Resolution of the City Council of the City of Vernon Approving Amendment No. 5 to Joint Powers Agreement Creating the Independent Cities Lease Finance Authority and Providing Other Matters Properly Related Thereto, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8872 be approved and adopted. Motion carried. Light & Power of the City of Vernon Warrant Register No. 140 covering claims and demands presented during the period of September 15 through October 5, 2005, drawn on Bank of America totaling $9,703,722.87, which includes Demand Nos. 501982 through 502048 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period October 2005): 502001 through 502006 It was moved by Ybarra, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 140 be approved and payment authorized for claims and demands totaling $9,703,722.87. 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. RESOLUTION NO. 8873 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Interconnection System Impact Study Agreement By and Between the City of Vernon and Southern California Edison Company Regarding the Vernon Power Plant Project, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8873 be approved and adopted. Motion carried. Councilman Davis abstained and disqualified himself from voting on this matter. The City Attorney announced that now was the time to go into closed session. It was moved by Davis, seconded by Ybarra, that the City Council go into closed session, the time being 6:03 p.m. Motion carried. Everyone was excluded from closed session with the exception of the City Attorney, Chief Assistant City Attorney, Acting City Clerk, Members of the City Attorney's Office, and outside Legal Counsel for the City The Mayor asked that all communications to and from closed session deemed privileged and confidential. Page 8 of 9 Adjourned Regular City Council Meeting Agenda October 12, 2005 It was moved by Ybarra, seconded by McCormick, that the City Council go out closed session and resume regular session, the time being 6:20 p.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding existing litigation case nos. ARS267877, LASC No. VC 043600, 5EL09080, LASC No. BC 331516, LASC No. BS 095763, and USDC No. 05 CV1162 BEN(JMA) pursuant to subdivision (a) of Government Code § 54956.9 and that authority was granted to the City Attorney to accept the settlement from AON for case no. ARS267877 in the amount of $1,400.00; to accept the settlement demand from Brock for case no. LASC No. VC 043600 in the amount of $8,500.00; and that no action was taken on the remaining four (4) litigation cases. It was reported out that the City Council had a conference in closed session regarding on the significant exposure to litigation case pursuant to subdivision (b) of Government Code Section 54956.9 and that authority was granted to the City Attorney to deny the liability claim submitted by Ms. Moore. There being no further business to come before the City Council at this time, it was moved by Gonzales, seconded by Ybarra, that the meeting be adjourned, the time being 6:20 p.m. Motion carried. Leonis C. Ma urg Mayor ATTE Bruce V. Malkenhorst Acting City Clerk Page 9 of 9