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20061004 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 4, 2006, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro Tem Ybarra. The City Attorney advised that item number three of the Consent Calendar should be removed from the agenda and that an employee appointment matter for the Chief of Police position was brought to the Acting City Clerk's attention after the agenda was posted and asked that a vote be taken to find that said matter required immediate action and to add said matter to the closed session portion of this agenda pursuant to Government Code Section 54957. It was moved by Gonzales, seconded by Davis, to remove item number three of the consent calendar and to add the employee appointment matter for the Chief of Police position to the closed session portion of this agenda. Motion carried. Ayes: Ybarra, Noes: None Absent: Malburg Abstained: None Gonzales, Davis, McCormick It was moved by McCormick, seconded by Davis, that the Minutes of the Regular City Council Meeting held September 20, 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 Pro Tem presented a Service Pin to Felix Saldana, Utilityman II, and extended congratulations on behalf of the City Council for his 20 years of service. Police Officer Arturo Padilla was unable to attend the meeting and his Service Pin was forwarded to him. Gerald Chavez, who had confirmed attendance, was not present at this time. Fire Department Activity Report for the period September 16th through September 30th, 2006, was presented. It was moved by Gonzales, seconded by McCormick, that the Fire Department Activity Report for the period September 16th through September 30th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period September 16th through September 30th, 2006, was presented. Regular City Council Meeting Minutes October 4, 2006 It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period September 16th through September 30th, 2006, be received and filed. Motion carried. Light & Power Department's Resource Procurement Final Report for the month May 2006, was presented. It was moved by McCormick, seconded by Davis, that the Light & Power Department's Resource Procurement Final Report for the month May 2006, be received for review. Motion carried. Light & Power Department's Resource Procurement Estimated Report for the month of June 2006, was presented. It was moved by Gonzales, seconded by Davis, that the Light & Power Department's Resource Procurement Estimated Report for the month of June 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 Pro Tem 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. The City Attorney announced that now was the time to open the public hearing to determine new gas rates for the City of Vernon and establish Vernon's new Natural Gas Rate Schedules, Rules for Gas Service and form Natural Gas Transportation Agreement. It was moved by McCormick, seconded by Davis, to open the public hearing to determine new gas rates for the City of Vernon and establish Vernon's new Natural Gas Rate Schedules, Rules for Gas Service and form Natural Gas Transportation Agreement, the time being 5:03 p.m. Motion carried. The City Attorney and the Transmission and Distribution Manager summarized this matter. The Mayor Pro Tem 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 McCormick, to close the public hearing to determine new gas rates for the City of Vernon and establish Vernon's new Natural Gas Rate Schedules, Rules for Gas Service and form Natural Gas Transportation Agreement, the time being 5:04 p.m. Motion carried. Page 2 of 9 Regular City Council Meeting Minutes October 4, 2006 RESOLUTION NO. 9134 - A Resolution of the City Council of the City of Vernon Providing for the Establishment of Natural Gas Rates to be Charged for Gas Distributed and Supplied by the City Within Its Boundaries and Approving and Adopting Natural Gas Rate Schedules, Rules for Gas Service and a Form Natural Gas Transportation Agreement, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9134 be approved and adopted. Motion carried. The City Attorney announced that now was the time to open the public hearing regarding the City of Vernon's intention to widen and improve the Atlantic Boulevard Bridge over the Los Angeles River and to consider the adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act. It was moved by Gonzales, seconded by Davis, to open the public hearing regarding the City of Vernon's intention to widen and improve the Atlantic Boulevard Bridge over the Los Angeles River and to consider the adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act, the time being 5:05 p.m. Motion carried. The Director of Community Services & Water summarized this matter. The Mayor Pro Tem asked if there was anyone who wished to address the City Council on this matter. Ms. Ani Papirian, an attorney for Crystal Investments located at 5122 South Atlantic Boulevard, introduced herself and stated the concerns of her client with regard to the proposed Atlantic Boulevard bridge widening over the Los Angeles River. The Director of Community Services & Water advised that he would setup a meeting with Ms. Papirian to discuss the issues expressed and recommended that the public hearing be continued at the next meeting. The Mayor Pro Tem asked if there was anyone else who wished to address the City Council on this matter. There was no one else wishing to address the City Council on this matter. It was moved by Gonzales, seconded by McCormick, that the public hearing regarding the City of Vernon's intention to widen and improve the Atlantic Boulevard Bridge over the Los Angeles River and to consider the adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act be continued at the next meeting, and that Resolution No. 9143 be deferred to the next meeting, the time being 5:15 p.m. Motion carried. RESOLUTION NO. 9143 - A Resolution of the City Council of the City of Vernon Making Certain Findings Relative to the Proposed Atlantic Blvd. Bridge Over the Los Angeles River, Bridge Widening and Improvement Project, and Approving and Adopting a Mitigated Negative Declaration for Said Project Page 3 of 9 Regular City Council Meeting Minutes October 4, 2006 The Acting City Clerk advised that Gerald Chavez had arrived to receive his Service Pin. The Mayor Pro Tem presented a Service Pin to Gerald Chavez, Utilityman I, and extended congratulations on behalf of the City Council for his 20 years of service. The Consent Calendar was presented. Consent Calendar Community Services & Water Department 1. Request to approve a fully executed Grant Deed from Charlotte R. Heller for the property located at 5669 South Santa Fe Avenue. 2. Requesting authority for personnel to attend the following: • "SCAG GIS Training" • "Air Resources Seminar" Police Department 3. Removed - listed after the end of the Consent Calendar. 4. Requesting authority for personnel to attend the following: • "Background Investigation Course" • "D.A.R.E. Training" • "Search Warrants Course" • "The Role of the Police Chief Seminar" Finance Committee 5. RESOLUTION NO. 9146 - 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 Sun Engineering Services, Inc. for Engineering SCADA Support for the Light & Power Department Personnel Committee 6. Request to hire William Carrara as Field Crew, step 4, effective October 9, 2006. 7. Request to hire Justin Simpson as Field Crew, step 8, effective October 9, 2006. 8. Request to grant a merit step increase to Michelle Tolmasoff, Administrative Assistant, from step 6 to step 5, effective October 15, 2006 (Last increase October 16, 2005). 9. Request to grant a merit step increase to Irene Castillo, Account Clerk, from step 4 to step 3, effective November 12, 2006 (Last increase November 13, 2005). End of Consent Calendar Page 4 of 9 Regular City Council Meeting Minutes October 4, 2006 3. Ratification of the appointment of Lieutenant James Rodino to the interim position of Acting Chief of Police for a period of thirty business days, effective October 2, 2006. It was moved by McCormick, seconded by Davis, that the matters on the Consent Calendar be approved as recommended, with the exception of item number three (listed above), which was removed from the agenda at the beginning of the meeting. Motion carried. RESOLUTION NO. 9133 - A Resolution of the City Council of the City of Vernon Establishing and Adopting a Schedule of Encroachment License and Permit Liability Insurance Limits Pursuant to Chapter 22, Sections 22.49-1 and 22.74 of the Code of the City of Vernon, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9133 be approved and adopted. Motion carried. RESOLUTION NO. 9135 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Demand Forecast for 2007, Planning Reserve Margin and Qualifying Capacity Criteria, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9135 be approved and adopted. Motion carried. RESOLUTION NO. 9136 - A Resolution of the City Council of the City of Vernon Amending Appendix No. 1 of Resolution No. 4733, as Amended by Resolution Nos. 5255, 5478, 5505, 5853, 5923, 6858, 8074 and 8542, Which Adopted a Conflict of Interest Code That Incorporated by Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9136 be approved and adopted. Motion carried. RESOLUTION NO. 9137 - A Resolution of the City Council of the City of Vernon Approving Resolution No. RA-308 Which Approves an Amendment to Appendix No. 1 of Resolution No. RA-5, as Amended, for the Conflict of Interest Code of the Redevelopment Agency of the City of Vernon, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9137 be approved and adopted. Motion carried. RESOLUTION NO. 9138 - A Resolution of the City Council of the City of Vernon Approving Resolution No. IDA-15 Which Approves an Amendment to Appendix No. 1 of Resolution No. IDA-5, as Amended, for the Conflict of Interest Code of the Industrial Development Authority of the City of Vernon, was read by title. It was moved by McCormick, Gonzales, that Resolution No. 9138 be approved and adopted. Motion carried. RESOLUTION NO. 9139 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Third Amendment to Agreement Number C-107783 By and Between the City of Vernon and the City of Los Angeles Regarding the Use of 2003 Urban Areas Security Initiative Grant Funds, was read by title. Page 5 of 9 Regular City Council Meeting Minutes October 4, 2006 It was moved by Davis, seconded by McCormick, that Resolution No. 9139 be approved and adopted. Motion carried. RESOLUTION NO. 9140 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 2 to the Agreement for Mechanical and Operational Technical Support By and Between the City of Vernon and Wood Group Field Services, Inc., Formerly Known as Thomason Mechanical Corporation, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9140 be approved and adopted. Motion carried. RESOLUTION NO. 9141 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposal for a 2007 Ford Ranger Super Cab, a Request for Proposal for a 2007 Ford Super Duty Super Cab F250 and a Request for Proposal for a 2007 Ford F-150 Regular Cab for the Department of Community Services & Water, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9141 be approved and adopted. Motion carried. RESOLUTION NO. 9142 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending Section 25 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. 9142 be approved and adopted. Motion carried. The City Attorney advised that the following matter should be deferred to the next meeting. RESOLUTION NO. 9144 - A Resolution of the City Council of the City of Vernon Approving and Ratifying Actions Taken Regarding Renewal of Pollution Legal Liability Insurance from American International Specialty Lines Insurance Company It was moved by Davis, seconded by McCormick, that Resolution No. 9144 be deferred to the next meeting. Motion carried. RESOLUTION NO. 9145 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken in Purchasing Additional Property Insurance for Pipelines Through Arthur J. Gallagher & Co., was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9145 be approved and adopted. Motion carried. RESOLUTION NO. 9147 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 7682 which Set the time and Place for Regular Meetings of Certain Committees and Commissions of the City of Vernon and Repealing all Resolutions in Conflict Therewith, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9147 be approved and adopted. Motion carried. Page 6 of 9 Regular City Council Meeting Minutes October 4, 2006 Ratification of the issuance of early checks for Warrant Register No. 1202, covering claims and demands presented during the period of September 14 through September 27, 2006, drawn on Bank of America totaling $116,892.83, which includes Check Nos. 312690 through 312761 (inclusive), excluding void Check Nos. listed below (Accounting period October 2006), was presented. 312713, 312761 It was moved by Gonzales, seconded by Davis, that early checks for Warrant Register No. 1202 be approved and the payment of claims and demands totaling $116,892.83 be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1202, covering claims and demands presented during the period of September 14 through September 27, 2006, drawn on Bank of America totaling $615,790.28, which includes Wire Nos. W00166 through W00169 (inclusive), (Accounting period October 2006), was presented. It was moved by Gonzales, seconded by Davis, that wire transfers for Warrant Register No. 1202 be approved and the payment of claims and demands totaling $615,790.28 be ratified. Motion carried. Warrant Register No. 1202, covering claims and demands presented during the period of September 14 through September 27, 2006, drawn on Bank of America totaling $402,141.35, which includes Check Nos. 312762 through 312883 (inclusive), excluding void Check Nos. listed below, (Accounting period October 2006), was presented. 312762 through 312767 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 1202 be approved and payment authorized for claims and demands totaling $402,141.35. Motion carried. Councilman Davis excused himself from the meeting at 5:30 p.m. Ratification of the issuance of early checks for Light & Power Warrant Register No. 167, covering claims and demands presented during the period of September 14 through September 27, 2006, drawn on Bank of America totaling $162,447.91, which includes Check Nos. 503367 through 503382 (inclusive), excluding void Check No. 503370 (Accounting period October 2006), was presented. It was moved by McCormick, seconded by Gonzales, that early checks for Light & Power Warrant Register No. 167 be approved and the payment of claims and demands totaling $162,447.91 be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 167, covering claims and demands presented during the period of September 14 through September 27, 2006, drawn on Bank of America totaling $2,758,265.48, which includes Wire Nos. W03215 through W03235 (inclusive), (Accounting period October 2006), was presented. Page 7 of 9 Regular City Council Meeting Minutes October 4, 2006 It was moved by Gonzales, seconded by McCormick, that wire transfers for Light & Power Warrant Register No. 167 be approved and the payment of claims and demands totaling $2,758,265.48 be ratified. Motion carried. Light & Power Warrant Register No. 167, covering claims and demands presented during the period of September 14 through September 27, 2006, drawn on Bank of America totaling $148,338.90, which includes Check Nos. 503383 through 503422 (inclusive), excluding void Check Nos. listed below, (Accounting period October 2006), was presented. 503383 through 503388 It was moved McCormick, seconded by Gonzales, that Light & Power Warrant Register No. 167 be approved and payment authorized for claims and demands totaling $148,338.90. Motion carried. Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 5:32 p.m. The City Attorney announced that now was the time to go into closed session. It was moved by Davis, seconded by Gonzales, 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 Pro Tem ordered all communications to and from closed session deemed privileged and confidential. It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 5:50 p.m. Motion carried. It was reported out that the City Council had a conference with Legal Counsel in closed session regarding one Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957 and no action was taken at this time. It was reported out that the City Council had a conference with Legal Counsel in closed session regarding one Employee Appointment matter for the Chief of Police position pursuant to Government Code Section 54957 and authority was given to the Acting City Clerk to assign Steven Towles to perform the duties of Interim Chief of Police. 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 no action was taken on any item in closed session a. LASC No. BC 331516 b. LASC No. BC 343370 C. LASC No. BS 101423 Page 8 of 9 Regular City Council Meeting Minutes October 4, 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 5:51 p.m. Motion carried. ATTEST; : i Bruc V. Malkenhorst, Jr. Acting City Clerk r Thomas A. Yba a Mayor Pro Tem Page 9 of 9