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20060905 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 5, 2006, AT 5:02 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis MEMBERS ABSENT: McCormick The meeting was called to order by Mayor Malburg. The City Attorney advised that the following four items were brought to the Acting City Clerk's attention after the agenda was posted and asked that a vote be taken to find that said matters required immediate attention and to add said matters to tonight's agenda. 1. Warrant Register No. 1200 2. Light & Power Warrant Register No. 165 3. A closed session matter regarding employee appointment pursuant to Government Code § 54957. 4. A closed session matter regarding anticipated litigation pursuant to subdivision (c) of Government Code § 54956.9. It was moved by Gonzales, seconded by Davis, that the aforementioned matters be added to tonight's agenda. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis Noes: None Absent: McCormick Abstained: None It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held August 16, 2006, 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 Firefighter James Espalin and extended congratulations on behalf of the City Council for his 5 years of service. The below listed employees were unable to attend the meeting and their Service Pins were forwarded to them. Troy Durbin Engineer 5 Years Scott Metz Firefighter 5 Years Jason Rosa Firefighter 5 Years Larry Walker Firefighter 5 Years The City Attorney announced that now was the time to present the Vernon Police Department's Life Saving Awards to Officers Valenzuela, Vasquez, Encinas, and Miller. Adjourned City Council Meeting Minutes September 5, 2006 Chief of Police Benudiz introduced Lieutenant Rodino who provided the details regarding a vehicle collision and subsequent vehicle fire that occurred on July 29, 2006, in which the aforementioned police officers played key roles in saving the life of the lone male subject involved. The Mayor presented the Life Saving Awards to Officers Valenzuela, Vasquez, Encinas, and Miller and extended congratulations on behalf of the City Council. Lieutenant Rodino introduced Representatives Michelle Esperanza and Kim Tachiki of Congresswoman Roybal-Allard's office, who presented Certificates of Recognition to Officers Valenzuela, Vasquez, Encinas, and Miller and extended congratulations on behalf of the Congresswoman. Fire Department Activity Report for the period August 16th through August 31St, 2006, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period August 16th through August 31St, 2006, be received and filed. Motion carried. Police Department Activity Log for the period August 16th through August 31St, 2006, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period August 16th through August 31St, 2006, be received and filed. Motion carried. The City Attorney announced that now was 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 City Council at this time. There was no one wishing to address the City Council at this time. ORDINANCE NO. 1122 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Adding a New Chapter 31 Relating to the City of Vernon's Natural Gas System and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1122 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis Noes: None Absent: McCormick Abstained: None The City Attorney announced that now was the time open the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2006-2007. Page 2 of 9 Adjourned City Council Meeting Minutes September 5, 2006 It was moved by Davis, seconded by Gonzales, to open the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2006-2007, the time being 5:14 p.m. Motion carried. The Acting City Clerk provided the details regarding this matter. The Mayor asked if there was anyone who wished to address the City Council on this matter. There was no one wishing to address the City Council on this matter. It was moved by Gonzales, seconded by Ybarra, to close the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2006-2007, the time being 5:15 p.m. Motion carried. RESOLUTION NO. 9111 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9088, which Approved a Budget for the Fiscal Year 2006-2007, to Reflect Changes, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9111 be approved and adopted. Motion carried. The Consent Calendar was presented. Consent Calendar Community Services & Water Department 1. Ratification of the attendance of the following: • "2006 Educational Extravaganza Workshop" 2. Requesting authority for personnel to attend the following: • "OSHA Standards for General Industry Seminar" • "Mandated Cost Claiming Workshop" • "Annual MUTCD Workshop" Health Department 3. Requesting authority for personnel to attend the following: • "2006 Decade User Training and Conference" Legal Department 4. Ratification of City of Vernon Requisitions from Legal Counsel Disbursement Custody Escrow Account No. 800458 covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $30,658.00, which includes Requisition Nos. LCDO16 through LCDO18 (inclusive). Page 3 of 9 Adjourned City Council Meeting Minutes September 5, 2006 Light & Power Department 5. Ratification of City of Vernon Requisitions from Remediation Proceeds Fund Custody Escrow Account No. 800460 covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $2,000.00, which includes Requisition No. RPF001. 6. Ratification of City of Vernon Requisitions from Commodity Swap Custody Escrow Account No. 800461 covering claims and demands presented during the period of August 10 through August 30, 2006,'drawn on The Bank of New York Trust Company, N.A. totaling $2,000.00, which includes Requisition No. CS001. Police Department 7. Requesting authority for personnel to attend the following: • "The Role of the Police Chief Seminar" • "Archangel Critical Asset Assessment Training" • "Emergency Management Earthquake Course" • "Field Training Officer Course" Finance Committee 8. Ratification of the execution of the following Work Authorization No(s). of the contract with with Galliera Inc., dba Trico Construction ("Trico") at the stated amount(s): PM-94-06-VPP in the amount of $30,176.78 for monitoring services for GeoMatrix and Pechiney Site Demo/Remediation 9. RESOLUTION NO. 9119 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Second Amendment to Fifth Side -Letter Agreement By and Between the City of Vernon and the Vernon Police Officers' Benefit Association ("VPOBA") (Employee Group 2) 10. RESOLUTION NO. 9122 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: City Administrator/City Clerk (Finance and IT), Community Services, Light & Power and Police Pursuant to Section 2.31 of the Vernon City Code 11. RESOLUTION NO. 9125 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution Approving and Authorizing the Execution of a Software Service Agreement Renewal By and Between the City of Vernon and Visionair Inc. 12. RESOLUTION NO. 9126 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Motorola, Inc. for Radios and Related Equipment for the Police Department End of Consent Calendar Page 4 of 9 Adjourned City Council Meeting Minutes September 5, 2006 It was moved by Gonzales, seconded by McCormick, that the matters on the consent calendar be approved as recommended. Motion carried. RESOLUTION NO. 9115 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Joint Exercise of Powers Agreement Relating to the Southeast Local.Educational Authority and Certain Other Matters Relating Thereto, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9115 be approved and adopted. Motion carried. RESOLUTION NO. 9116 - of the City of Vernon Approving Letter of Understanding Amending Life Insurance Company Regarding read by title. A Resolution of the City Council and Ratifying the Execution of a Agreement with United of Omaha Plan Coverage for Employee, was It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9116 be approved and adopted. Motion carried. RESOLUTION NO. 9117 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to the Ammonia Delivery Purchase Contract By and Between the City of Vernon and Hill Brothers Chemical Company for the Malburg Generating Station, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9117 be approved and adopted. Motion carried. RESOLUTION NO. 9118 - 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 Nalco Company for the Malburg Generating Station, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9118 be approved and adopted. Motion carried. RESOLUTION NO. 9120 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending Pages 5, 7, 12, 13 and 16 of Schedule II (Exhibit B), Schedule III (Exhibit C), Schedule IV (Exhibit D) and Schedule V (Exhibit E) of said Resolution which Fixed the Compensation for Certain Employees of said City and Authorized Certain Expense Allowances, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9120 be approved and adopted. Motion carried. RESOLUTION NO. 9121 - of the City of Vernon Approving Business Associate Agreement By and Gallagher Benefit Services, A Resolution of the City Council and Ratifying the Execution of a and Between the City of Vernon Inc., was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9121 be approved and adopted. Motion carried. Page 5 of 9 Adjourned City Council Meeting Minutes September 5, 2006 RESOLUTION NO. 9123 - A Resolution of the City Council of the City of Vernon Approving a Group Hospital and Professional Service Agreement with Health Net of California, Inc. Regarding the City's HMO Health Benefit Plan, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9123 be approved and adopted. Motion carried. RESOLUTION NO. 9124 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 401 By and Between the City of Vernon and United Food Group, LLC, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9124 be approved and adopted. Motion carried. RESOLUTION NO. 9127 - A Resolution of the City Council of the City of Vernon Approving Amendment No. 6 to Joint Powers Agreement with the Independent Cities Lease Finance Authority and Providing Other Matters Properly Related Thereto, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9127 be approved and adopted. Motion carried. Mayor Malburg and Councilman Davis excused themselves at 5:20 p.m. However, the Chief Assistant City Attorney advised them that there would no longer be a quorum if they left, therefore, the rule of necessity applied and he advised them to stay and vote on the following matters. Ratification of the issuance of early checks for Warrant Register No. 1200, covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on Bank of America totaling $224,922.48, which includes Check Nos. 312313 through 312385 (inclusive), excluding Void Check Nos. listed below, (Accounting period September 2006), was presented. 312317, 312328, 312345, 312349, 312354, 312360, 312366 It was moved by Ybarra, seconded by Gonzales, that early checks for Warrant Register No. 1200 be approved and the payment of claims and demands totaling $224,922.48 be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1200, covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on Bank of America totaling $3,168,590.72, which includes Wire Nos. W00160 through W00162 (inclusive), (Accounting period September 2006), was presented. It was moved by Gonzales, seconded by Davis, that wire transfers for Warrant Register No. 1200 be approved and the payment of claims and demands totaling $3,168,590.72 be ratified. Motion carried. Page 6 of 9 Adjourned City Council Meeting Minutes September 5, 2006 Warrant Register No. 1200, covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on Bank of America totaling $921,103.54, which includes Check Nos. 312386 through 312546 (inclusive), excluding Void Check Nos. listed below, (Accounting period September 2006), was presented. 312386 through 312391 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1200 be approved and payment authorized for claims and demands totaling $921,103.54. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 165, covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on Bank of America totaling $277,313.23, which includes Check Nos. 503247 through 503291 (inclusive), also excluding Void Check Nos. listed below, (Accounting period September 2006), was presented. 503263, 503269, 503281, 503286 It was moved by Gonzales, seconded by Davis, that early checks for Light & Power Warrant Register No. 165 be approved and the payment of claims and demands totaling $277,313.23 be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 165, covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on Bank of America totaling $2,476,046.67, which includes Wire Nos. W03168 through W03196 (inclusive), (Accounting period September 2006), was presented. It was moved by Ybarra, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 165 be approved and the payment of claims and demands totaling $2,476,046.67 be ratified. Motion carried. Light & Power Warrant Register No. 165, covering claims and demands presented during the period of August 10 through August 30, 2006, drawn on Bank of America totaling $163,345.71, which includes Check Nos. 503292 through 503342 (inclusive), excluding Void Check Nos. listed below, (Accounting period September 2006), was presented. 503292 through 503297 It was moved by Gonzales, seconded by Ybarra, that Light & Power Warrant Register No. 165 be approved and payment authorized for claims and demands totaling $163,345.71. Motion carried. 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 5:30 p.m. Motion carried. Page 7 of 9 Adjourned City Council Meeting Minutes September 5, 2006 Everyone was excluded from closed session with the exception of the Director of Community Services & Water, 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. The Director of Community Services & Water was excused from closed session after the Employee Discipline/Dismissal/Release portion was heard. It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 6:05 p.m. Motion carried. It was reported out that the City Council had a conference in closed session with the Director of Community Services & Water, the Acting City Clerk, and Legal Counsel regarding an Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957 and that direction was given to the Acting City Clerk on said matter. It was reported out that the City Council had a conference in closed session with the Acting City Clerk and Legal Counsel regarding two Employee Appointment matters pursuant to Government Code Section 54957, and that direction was given to the Acting City Clerk on said matters. It was reported out that the City Council had a conference with Legal Counsel in closed session regarding the following existing litigation case numbers pursuant to subdivision (a) of Government Code Section 54956.9, and that settlement authority was granted to the City Attorney's office with regard to USDC Case No. CV05-07273-MMM and USDC Case No. EDCV-05-1011-VAP. No action was taken with respect to the remaining existing litigation matters. a. LASC No. BC 331516 b. LASC No. BC 343370 C. LASC No. BS 101423 d. WCAB Nos. LBO 0372099 and LBO 0372100 e. USDC Case No. CV05-07273-MMM f. USDC Case No. EDCV-05-1011-VAP It was reported out that the City Council had a conference with Legal Counsel in closed session regarding four cases of anticipated litigation pursuant to subdivision (b) of Government Code Section 54956.9, and that the claim of Jimenez was denied, as was the claim by U.S. Growers. No action was taken on the remaining items of significant exposure to litigation. It was reported out that the City Council had a conference with Legal Counsel in closed session regarding two cases of anticipated litigation pursuant to subdivision (c) of Government Code Section 54956.9, and that the offer to settle a claim against Service Craft Logistics by payment to the City in the amount of $3,200.00 was accepted. Additionally, the City Council ratified the action of Kirkpatrick & Lockhart in filing a claim for damages against the California Energy Resources Scheduling Division of the Department of Water Resources. Page 8 of 9 Adjourned City Council Meeting Minutes September 5, 2006 There being no further business to come before the City Council at this time, it was moved by Ybarra, seconded by Gonzales, that the meeting be adjourned, the time being 6:05 p.m. Motion carried. ATTJK,gT : Bruc�T. Malkenhorst, Jr. Acti City Clerk M onis C. M burg Mayor Page 9 of 9