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20060201 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 1, 2006, 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 City Attorney advised that the following four items, which require immediate action, were brought to his attention after the agenda was posted and asked that a vote be taken to add said items to tonight's agenda. 1. A request to enter into an Amended and Restated Subordination Agreement with the Redevelopment Agency (Resolution No. 8970) 2. A request to retain the law firm of Girardi & Keese (Resolution No. 8971) 3. A closed session item regarding existing litigation pursuant to subdivision (a) of Government Code § 54956.9 4. A closed session item regarding anticipated litigation pursuant to subdivision (b) of Government Code § 54956.9 It was moved by Gonzales, seconded by Ybarra, that the aforementioned items be added to tonight's agenda. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None It was moved by Davis, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held January 18, 2006, be approved and adopted. Motion carried. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the City Council: Lewis Pozzebon Dir. of Environmental Health 20 Years Jason Haugen Firefighter 15 Years Victor Vasquez, Sr. Meter Reader 15 Years Anthony Serrano Customer Service Rep. 15 Years Efrain Sandoval Resource Scheduler 5 Years The below listed employees were unable to attend the meeting. Their Service Pins were submitted to their respective department heads. Christopher Hanson Fire Engineer 15 Years Jeffrey James Fire Engineer 15 Years Bradley Mack Firefighter 15 Years Anthony Rotell Firefighter 15 Years Todd Schoenig Fire Engineer 15 Years Jeff Smith Firefighter 15 Years Debra Davis Police Dispatcher 5 Years Ignacio Estrada Police Officer 5 Years Regular City Council Meeting Minutes February 1, 2006 Fire Department Activity Report for the period January 16th through January 31st, 2006, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period January 16th through January 31st, 2006, be approved. Motion carried. Police Department Activity Log for the period January 16th through January 31st, 2006, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Report for the period January 16th through January 31st, 2006, be approved. 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 Mayor asked if there was anyone in the audience who wished to address the Council at this time. Mr. Stein from Douglas Steel Supply Company introduced himself, addressed the City Council, expressed his awareness of the City's intention to acquire the property next to his business, and advised the City Council of his company's desire to expand onto a bigger property. Mr. Stein asked the City Council to consider Douglas Steel Supply Company in the future. The Mayor asked if there was anyone else in the audience who wished to address the Council at this time. Mr. Don Huff introduced himself as a resident at 2721 E. 46th Street in the City of Vernon and a running election nominee. Mr. Huff expressed his point of view on the City's election process and served the Mayor with a claim. The Mayor asked if there was anyone else in the audience who wished to address the Council at this time. Mr. Fred Stein, consultant for Douglas Steel Supply Company, introduced himself and addressed the City Council to further clarify the company's business activity and its demand on electricity. He reiterated the request that the City Council consider Douglas Steel in the future. The Mayor asked if there was anyone else in the audience who wished to address the Council at this time. There was no one else wishing to address the Council at this time. ORDINANCE NO. 1113 - An Ordinance of the City Council of the City of Vernon Establishing a Date for the Installation of Newly Elected Officers and Declaring That Said Ordinance Shall Take Effect Immediately, was read by title. Page 2 of 10 Regular City Council Meeting Minutes February 1, 2006 It was moved by Davis, seconded by Gonzales, that Ordinance No. 1113 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None The City Attorney advised that the following matter should be deferred to the next meeting. Continuation of Public Hearing - to consider a conditional use permit application from Dynamic Builders to operate a commercial retail facility at 2529 Santa Fe Avenue RESOLUTION NO. 8946 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit for Dynamic Builders to Operate a Retail/Commercial Restaurant Facility Located at 2529 Santa Fe Avenue (deferred from last meeting) It was moved by Ybarra, seconded by Gonzales, that the continuation of the public hearing to consider a conditional use permit application from Dynamic Builders to operate a commercial retail facility at 2529 Santa Fe Avenue and Resolution No. 8946 be deferred to the next meeting. Motion carried. The Consent Calendar was presented. Consent Calendar City Administration Requesting authority for personnel to attend the following: • "Energy Bar Association - 5th Annual Western Chapter Meeting" Community Services & Water Department Ratification of the execution of Change Order No. Twelve to the contract with DMJM-Harris, Inc. in the amount of $46,673.00. Requesting authority for personnel to attend the following: • "Handling Difficult and Demanding Customers: A Communication Course" • "How to Supervise People Seminar" Finance Department Requesting authority for personnel to attend the following: • "Front -to -Back Office: Trading Controls and Best Practices Course" • "Value -at -Risk: The Basics Course" • "Family Medical Leave Act (FMLA) Compliance Course" • "CalPERS Workshop" Page 3 of 10 Regular City Council Meeting Minutes February 1, 2006 Fire Department Requesting authority for personnel to attend the following: • "Los Angeles Area Fire Chiefs Association Bear Paw Conference" Light & Power Department Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of January 12 through January 25, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $274,420.12, which includes Requisition Nos. 341 through 343 (inclusive). Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of January 12 through January 25, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $278,723.90, which includes Requisition Nos. CE212 through CE216 (inclusive). Police Department Requesting authority for personnel to attend the following: • "Tactical Carbine Rifle Course" • "Arrest and Control Instructor Recertification Course" • "California Sexual Assault Investigators Association (CSAIA) Spring Training Conference" • "California Standards and Training for Corrections (STC) Manager Administrator Core Course" Treasurer's Department Ratification of attendance of the following: • "Organizing & Managing Accounts Payable Seminar" Requesting authority for personnel to attend the following: • "Microsoft Excel 2003 Introduction Training" Warrant Register No. 1183 covering claims and demands presented during the period of January 12 through January 25, 2006, drawn on Bank of America totaling $5,901,974.25, which includes Demand Nos. 309528 through 309766 (inclusive), excluding Void Demand Nos. as listed below. (Accounting period February 2006): 309576 through 309623, 309539, 309575 Finance Committee Ratification of the execution of Work Authorization No. PM-35A- 05-32-MGS to the contract with Galliera Inc., dba Trico Construction ("Trico") in the amount of $475,000.00. Request to approve the On -Site Health Screening Program for 2006 at a not to exceed cost of $19,189.00. Page 4 of 10 Regular City Council Meeting Minutes February 1, 2006 Request to renew the medical, dental and life insurance policies under the Mutual of Omaha PPO Program for the calendar year 2006 and that the Acting Risk Manager be authorized to sign the renewal Terms and Conditions. Personnel Committee Request to grant Larry Walker, Firefighter, Step 2, a merit step increase to Firefighter, Step 1, effective February 5, 2006 (Last increase February 6, 2005). Request to grant Jason Rosa, Firefighter, Step 2, a merit step increase to Firefighter, Step 1, effective February 5, 2006 (Last increase February 6, 2005). Request to grant Scott Metz, Firefighter, Step 2, a merit step increase to Firefighter, Step 1, effective February 5, 2006 (Last increase February 6, 2005). Request to grant James Espalin, Firefighter, Step 2, a merit step increase to Firefighter, Step 1, effective February 5, 2006 (Last increase February 6, 2005). Request to grant Teresa Nelson, Dispatcher, Step 3, an advancement to Senior Dispatcher, Step 5, effective February 5, 2006. Request to grant Barry Miller, Police Officer, Step 4, a merit step increase to Police Officer, Step 3, effective February 16, 2006 (Last increase February 16, 2005). Request to grant Jose Reyna, Police Officer, Step 4, a merit step increase to Police Officer, Step 3, effective February 16, 2006 (Last increase February 16, 2005). Request to grant Maria Gonzales, Records Clerk, Step 3, a merit step increase to Records Clerk, Step 2, effective February 19, 2006 (Last increase February 20, 2005). Request to grant Vincent Cisneros, Vernon Service Officer, Step 8, a merit step increase to Vernon Service Officer, Step 7, effective February 19, 2006 (DOH: February 21, 2005). Request to grant Luis Vasquez, Police Officer, Step 3, a merit step increase to Police Officer, Step 2, effective February 28, 2006 (Last increase February 28, 2005). End of Consent Calendar It was moved by Ybarra, seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried. Mayor Malburg was excused from the meeting at 5:15 p.m. RESOLUTION NO. 8954 - A Resolution of the City Council of the City of Vernon, California, Appointing Leonis C. Malburg to the City Council Office that was to be Elected on Tuesday, April 11, 2006, was read by title. Page 5 of 10 Regular City Council Meeting Minutes February 1, 2006 It was moved by Ybarra, seconded by Davis, that Resolution No. 8954 be approved and adopted. Motion carried. Mayor Malburg reentered the meeting in regular session at 5:15 p.m. The Acting City Clerk reported for the record that Mr. Malburg recused himself on this matter. Mayor Pro Tem Ybarra was excused from the meeting at 5:15 p.m. RESOLUTION NO. 8955 - A Resolution of the City Council of the City of Vernon, California, Appointing Thomas A. Ybarra to the City Council Office that was to be Elected on Tuesday, April 11, 2006, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 8955 be approved and adopted. Motion carried. Mayor Pro Tem Ybarra reentered the meeting in regular session at 5:16 p.m. The Acting City Clerk reported for the record that Mr. Ybarra recused himself on this matter. Councilman McCormick was excused from the meeting at 5:16 p.m. RESOLUTION NO. 8956 - A Resolution of the City Council of the City of Vernon, California, Appointing William McCormick to the City Council Office that was to be Elected on Tuesday, April 11, 2006, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 8956 be approved and adopted. Motion carried. Councilman McCormick reentered the meeting in regular session at 5:17 p.m. The Acting City Clerk reported for the record that Mr. McCormick recused himself on this matter. RESOLUTION NO. 8957 - A Resolution of the City Council of the City of Vernon, California, Canceling the Election to be Held on Tuesday, April 11, 2006, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8957 be approved and adopted. Motion carried. RESOLUTION NO. 8958 - A Resolution of the City Council of the City of Vernon Paying Tribute to Leonis C. Malburg in Recognition of His 50 Years of Service to the City of Vernon, was read by title. Mayor Pro Tem Ybarra presented Resolution No. 8958 and a commemorative service pin to the Mayor and extended congratulations on behalf of the City Council. Page 6 of 10 Regular City Council Meeting Minutes February 1, 2006 The Acting City Clerk presented proclamations congratulating the Mayor on his exceptional 50 years of service in the State of California on behalf of California State Assemblyman Fabian Nunez, California State Senator Gil Cedillo, and United States Senator Barbara Boxer. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8958 be approved and adopted. Motion carried. RESOLUTION NO. 8959 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of .a Reimbursable Training Services Agreement By and Between the City of Vernon, through its Police Department, and the State of California, Acting by and through the Department of California Highway Patrol, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 8959 be approved and adopted. Motion carried. RESOLUTION NO. 8960 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a General Services Agreement By and Between the City of Vernon and the County of Los Angeles for a Five (5) Year Period from July 1, 2006 to June 30, 2011, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8960 be approved and adopted. Motion carried. RESOLUTION NO. 8961 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Service Agreement By and Between the City of Vernon and American Registry for Internet Numbers, LTD., was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 8961 be approved and adopted. Motion carried. RESOLUTION NO. 8962 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Mutual Non -Disclosure Agreement By and Between the City of Vernon and Tenaska, Inc., was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8962 be approved and adopted. Motion carried. RESOLUTION NO. 8963 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Mutual Non -Disclosure Agreement By and Between the City of Vernon and Caithness Energy, L.L.C., was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 8963 be approved and adopted. Motion carried. The City Attorney advised that the following resolution should be removed from the agenda. RESOLUTION NO. 8964 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Mutual Non -Disclosure Agreement By and Between the City of Vernon and Delta Power Company, LLC Page 7 of 10 Regular City Council Meeting Minutes February 1, 2006 It was moved by Ybarra, seconded by Davis, that Resolution No. 8964 be removed from the agenda that no further action be taken at this time. Motion carried. RESOLUTION NO. 8965 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Mutual Non -Disclosure Agreement By and Between the City of Vernon and LS Power Associates, L.P., was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8965 be approved and adopted. Motion carried. RESOLUTION NO. 8966 - A Resolution of the City Council of the City of Vernon Authorizing the City Attorney to Negotiate with Citigroup to Act as the City's Lead Underwriter and Investment Banker for Natural Gas Pre -Payment Transactions and to Negotiate with Institutions Providing Junior Underwriter Services Relating to said Transactions, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 8966 be approved and adopted. The City Attorney advised that the following resolution should be deferred to the next meeting. RESOLUTION NO. 8968 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electrical Service Agreement By and Between the City of Vernon and Matheson Tri-Gas, Inc. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8968 be deferred to the next meeting. Motion carried. RESOLUTION NO. 8969 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Purchase and Sale of Assets By and Among the City of Vernon, Arizona Public Service Company, M-S-R Public Power Agency, Salt River Project Agricultural Improvement and Power District, Southern California Public Power Authority and Tucson Electric Power Company Relating to Microwave Towers, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8969 be approved and adopted. Motion carried. RESOLUTION NO. 8970 - A Resolution of the City Council of the City of Vernon Authorizing the Entry into an Amended and Restated Subordination Agreement with the Redevelopment Agency of the City of Vernon and Certain Actions Relating Thereto, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8970 be approved and adopted. Motion carried. RESOLUTION NO. 8971 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Retention of the Law Firm of Girardi & Keese and Authorizing the City to do all Actions Deemed Necessary or Advisable Concerning Said Retention, was read by title. Page 8 of 10 Regular City Council Meeting Minutes February 1, 2006 It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8971 be approved and adopted. Motion carried. Light & Power of the City of Vernon Warrant Register No. 148 covering claims and demands presented during the period of January 12 through January 25, 2006, drawn on Bank of America totaling $4,299,644.42, which includes Demand Nos. 502403 through 502450 (inclusive), excluding Void Demand Nos. as listed below. (Accounting period February 2006), was presented. 502422 through 502427 It was moved by Ybarra, seconded by Gonzales, that the Light & Power of the City of Vernon Warrant Register No. 148 be approved and payment authorized for claims and demands totaling $4,299,644.42. 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 a proclamation congratulating the Mayor on his exceptional 50 years of service in the State of California had just been delivered from the office of Congresswoman Lucille Roybal-Allard. The City Attorney read the proclamation in its entirety and presented it to the Mayor. 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 5:35 p.m. Motion carried. Everyone was excluded from closed session with the exception of the Acting City Clerk, the City Attorney, members of the City Attorney's Office, and outside Legal Counsel. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 6:04 p.m. Motion carried. It was reported out that the City Council had a conference with legal counsel in closed session with regard to existing litigation LASC No. BC 346114 and ratified the filing of a lawsuit. Page 9 of 10 Regular City Council Meeting Minutes February 1, 2006 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting be adjourned, the time being 6:05 p.m. Motion carried. ATTEST: f/ 1� Bruce V. Malkenhorst, Jr. Acting City Clerk L.eonis C. lburg Mayor Page 10 of 10