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20061018 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 18, 2006, AT 5:01 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. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held October 4, 2006, be approved and adopted as submitted. Motion carried. The City Attorney announced that now was the time to present the Perfect Attendance Awards. The Mayor presented Perfect Attendance Awards for the month of September to the following employees who were in attendance. NAME JOB TITLE D.O.H. Timothy Bass Sr. Electrical Service Planner 09/27/04 Michelle Tolmasoff Administrative Assistant 10/22/01 Gerardo Farias Utilityman III 05/19/91 David Koltvet Fire Engineer 09/12/94 Jeffrey Neely Fire Engineer 09/12/94 Kurt Smith Fire Engineer 09/12/94 Lewis Pozzebon Director of Environmental Health 01/06/86 The below listed employees were unable to attend the meeting and their awards were forwarded to them. NAME JOB TITLE Gabriel Martinez Police Officer Cindy Calzada Sr. Administrative Assistant Arturo Padilla Police Officer Christopher Delgado Electronics Technician Leonard Grossberg Sr. Environmental Health Specialist David Moore Fire Captain Daniel Santos Police Officer Thomas Egan Firefighter Anthony Rotell Firefighter Anthony Hinojos Utilityman III Paul Johnson Fire Engineer Michael Langer Fire Captain Jason McEachran Fire Engineer Roy Ness Utilityman II Michael Busch Fire Captain The Mayor called a short recess at 5:04 p.m. D.O.H. 09/04/04 10/04/00 09/24/01 09/25/00 02/24/91 05/16/88 09/18/95 11/2/92 01/07/91 09/18/94 09/12/94 09/12/94 09/12/94 01/08/84 08/17/87 The City Council reconvened in regular session at 5:07 p.m., all members present before the recess again being present. YEARS 2 3 10 12 12 12 13 YEARS 2 5 5 6 8 10 11 11 11 12 12 12 12 12 15 Regular City Council Meeting Minutes October 18, 2006 The Mayor presented A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Joe K's Deli on its 20t Anniversary to Mr. Jim Koludaro, the owner of the deli. Fire Department Activity Report for the period October 1st through October 15th, 2006, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period October 1st through October 15th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period October 1st through October 15th, 2006, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period October 1st through October 15th, 2006, be received and filed. Motion carried. Health Department Report for the month of September 2006, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of September 2006, be received and filed. Motion carried. Risk Management Report for the month of September 2006, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of September 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. Mr. Ronald Garcia, Regional Manager of Public Affairs for Southern California Edison, addressed the measures on the November 2006 ballot and provided a summary of Proposition 90. The Mayor asked if there was anyone else who wished to address the City Council. There was no one else wishing to address the City Council at this time. ORDINANCE NO. 1123 - An Ordinance of the City Council of the City of Vernon Establishing Procedures for Recalls Pursuant to Chapter 5.4 of the Charter of the City of Vernon and Declaring that Said Ordinance Shall Take Effect Immediately, was read by title for a first and final reading. Page 2 of 10 Regular City Council Meeting Minutes October 18, 2006 It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1123 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None The City Attorney announced that now was the time to continue 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 Davis, seconded by Gonzales, to continue 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 5:13 p.m. Motion carried. The Director of Community Services & Water provided additional 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 McCormick, to close 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 5:20 p.m. Motion carried. Motion carried. The City Attorney advised that the following matter should be deferred. 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 It was moved by Ybarra, seconded by Davis, that Resolution No. 9143 be deferred. Motion carried. 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, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9144 be approved and adopted. Motion carried. Page 3 of 10 Regular City Council Meeting Minutes October 18, 2006 The Consent Calendar was presented. Consent Calendar Community Services & Water Department 1. Requesting authority for personnel to attend the following: • "California Building Officials (CALBO) Training Institute - 16th Annual Education Week" Finance Department 2. Ratification of the granting of a merit step increase to Marisela Martinez, Account Clerk, from step 5 to step 4, effective October 15, 2006 (Last increase June 26, 2005). Legal Department 3. Ratification of City of Vernon Requisitions from Legal Counsel Disbursement Custody Escrow Account No. 800458 covering claims and demands presented during the period of September 28 through October 11, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $103,674.10, which includes Requisition Nos. LCD020 through LCD021 (inclusive). Police Department 4. Requesting authority for personnel to attend the following: • "Hostage Negotiations for Dispatchers Course" • "Stress Management - Dispatcher Update Course" • "California Background Investigators Association - 2006 Training Symposium" Treasurer's Department 5. Requesting authority for personnel to attend the following: • "California Municipal Treasurers' Association Cash Handling Training Workshop" • "League of California Cities 2006 Financial Management Seminar" Finance Committee 6. Request to issue a purchase order to Golden Bell Products in the approximate amount of $15,823.50 for the eradication of roaches within the City's existing sewer manholes for the Community Services & Water Department. 7. Ratification of the execution of the following Work Authorization No. of the contract with Galliera Inc., dba Trico Construction ("Trico") at the stated amount: PM-42C-MGS in the amount of $35,098.71 to extend the Atlas compressor rental at MGS 8. Request to approve and execute Change Order No. Two to the contract with Trico Construction in the not to exceed amount of $168,923.70. Page 4 of 10 Regular City Council Meeting Minutes October 18, 2006 Personnel Committee 9. Ratification of the granting of a merit step increase to Christopher Delgado, Electronics Technician, from step 8 to step 7, effective October 15, 2006 (Last increase October 17, 2005). 10. Ratification of the granting of a merit step increase to Jose Pereyra, Field Crew, from step 2 to step 1, effective October 15, 2006 (Last increase October 17, 2005). 11. Request to grant a merit step increase to Fernando Flores, Field Crew, from step 8 to step 7, effective October 29, 2006 (Last increase October 31, 2005). 12. Request to grant a merit step increase to Jesse Palomarez, Field Crew, from step 8 to step 7, effective October 29, 2006 (Last increase October 31, 2005). 13. Request to grant a merit step increase to Shawn Sharifzadeh, Systems Coordinator I, from step 4 to step 3, effective October 29, 2006 (Last increase October 30, 2005). 14. Request to grant a merit step increase to Marco Reynoso, Utilityman II, from step 4 to step 3, effective October 29, 2006 (Last increase October 30, 2005). 15. Request to grant a merit step increase to Allen Castro, Firefighter, from step 3 to step 2, effective October 29, 2006 (Last increase October 31, 2005). 16. Request to grant a merit step increase to Jeremy Cross, Police Officer, from step 4 to step 3, effective November 30, 2006 (Last increase November 30, 2005). End of Consent Calendar It was moved by Davis, seconded by McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried. RESOLUTION NO. 9149 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Personal Contact Service Agreement and Two Revenue Retention Program Service Agreements By and Between the City of Vernon and NCO Financial Systems, Inc. for Collection Services, was read by title. It was moved by Gonzales, seconded Ybarra, that Resolution No. 9149 be approved and adopted. Motion carried. RESOLUTION NO. 9150 - 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 Siemens Demag Delaval Turbomachinery, Inc. for Level A Inspection of the Malburg Generating Station Combustion Turbines, Steam Turbine and Related Generators, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9150 be approved and adopted. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes October 18, 2006 RESOLUTION NO. 9151 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Implementation Agreement By and Between the City of Vernon and the Gateway Cities Council of Governments Regarding an Environmental Impact Report/Environmental Impact Statement for the Interstate 710 Corridor, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9151 be approved and adopted. Motion carried. RESOLUTION NO. 9152 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Three to Consulting Agreement By and Between the City of Vernon, Joseph E. Furnish and Lake Street Associates, Inc., was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9152 be approved and adopted. Motion carried. RESOLUTION NO. 9153 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Two to Attorney -Client Contract By and Between the City of Vernon and Revere & Wallace, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9153 be approved and adopted. Motion carried. RESOLUTION NO. 9154 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Assignment and Assumption Agreement By and Between the City of Vernon, Walters Wholesale Electric Co., and Vernon Electro, LLC Regarding Property Located at 3375 E. Slauson Avenue in the City of Vernon, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9154 be approved and adopted. Motion carried. RESOLUTION NO. 9155 - A Resolution of the City Council of the City of Vernon Approving and Adopting City of Vernon Light & Power Department Public Benefits Programs and Approving Certain Expenditures Consistent Therewith, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9155 be approved and adopted. Motion carried. Mayor Pro Tem Ybarra excused himself from the meeting at 5:25 p.m. RESOLUTION NO. 9156 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman Thomas A. Ybarra Respecting an Investigation by the District Attorney's Office into Acts and/or Omissions Occurring Within the Scope of His Duties as a Councilman, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9156 be approved and adopted. Motion carried. Mayor Pro Tem Ybarra re-entered the Council Chamber and resumed the meeting in regular session at 5:27 p.m. Page 6 of 10 Regular City Council Meeting Minutes October 18, 2006 Councilman Gonzales excused himself from the meeting at 5:27 p.m. RESOLUTION NO. 9157 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman Hilario Gonzales Respecting an Investigation by the District Attorney's Office into Acts and/or Omissions Occurring Within the Scope of His Duties as a Councilman, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9157 be approved and adopted. Motion carried. Councilman Gonzales re-entered the Council Chamber and resumed the meeting in regular session at 5:28 p.m. Councilman Davis excused himself from the meeting at 5:28 p.m. RESOLUTION NO. 9158 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman William Davis Respecting an Investigation by the District Attorney's Office into Acts and/or Omissions Occurring Within the Scope of His Duties as a Councilman, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9158 be approved and adopted. Motion carried. Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 5:29 p.m. Councilman McCormick excused himself from the meeting at 5:29 p.m. RESOLUTION NO. 9159 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman William Michael McCormick Respecting an Investigation by the District Attorney's Office into Acts and/or Omissions Occurring Within the Scope of His Duties as a Councilman, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9159 be approved and adopted. Motion carried. Councilman McCormick re-entered the Council Chamber and resumed the meeting in regular session at 5:29 p.m. RESOLUTION NO. 9160 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Manuela Giron Respecting an Investigation by the District Attorney's Office into Acts and/or Omissions Occurring Within the Scope of Her Employment with the City of Vernon, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9160 be approved and adopted. Motion carried. Page 7 of 10 Regular City Council Meeting Minutes October 18, 2006 RESOLUTION NO. 9161 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Martha Valenzuela Respecting an Investigation by the District Attorney's Office into Acts and/or Omissions Occurring Within the Scope of Her Employment with the City of Vernon, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9161 be approved and adopted. Motion carried. The City Attorney advised that the following matter should be deferred. RESOLUTION NO. 9162 - A Resolution of the City Council of the City of Vernon Adopting a Form Employee Tuition Reimbursement Agreement Regarding University Education Program It was moved by Gonzales, seconded by Davis, that Resolution No. 9162 be deferred. Motion carried. Mayor Malburg excused himself from the meeting at 5:30 p.m. Ratification of the issuance of early checks for Warrant Register No. 1203, covering claims and demands presented during the period of September 28 through October 11, 2006, drawn on Bank of America totaling $245,299.45, which includes Check Nos. 312884 through 312931 (inclusive), excluding void Check No. 312888 (Accounting period October 2006), was presented. It was moved by McCormick, seconded by Davis, that early checks for Warrant Register No. 1203, covering the payment of claims and demands totaling $245,299.45, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1203, covering claims and demands presented during the period of September 28 through October 11, 2006, drawn on Bank of America totaling $172,483.35, which includes Wire Nos. W00170 through W00172 (inclusive), (Accounting period October 2006), was presented. It was moved by Gonzales, seconded by McCormick, that wire transfers for Warrant Register No. 1203, covering the payment of claims and demands totaling $172,483.35, be ratified. Motion carried. Warrant Register No. 1203, covering claims and demands presented during the period of September 28 through October 11, 2006, drawn on Bank of America totaling $884,489.38, which includes Check Nos. 312932 through 313169 (inclusive), excluding void Check Nos. listed below, (Accounting period October 2006), was presented. 312932 through 313030 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1203 be approved and payment authorized for claims and demands totaling $884,489.38. Motion carried. Page 8 of 10 Regular City Council Meeting Minutes October 18, 2006 Councilman Davis excused himself from the meeting at 5:32 p.m. Ratification of the issuance of early checks for Light & Power Warrant Register No. 168, covering claims and demands presented during the period of September 28 through October 11, 2006, drawn on Bank of America totaling $27,117.79, which includes Check Nos. 503423 through 503434 (inclusive), excluding void Check No. 503423 (Accounting period October 2006), was presented. It was moved by Gonzales, seconded by McCormick, that early checks for Light & Power Warrant Register No. 168, covering the payment of claims and demands totaling $27,117.79, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 168, covering claims and demands presented during the period of September 28 through October 11, 2006, drawn on Bank of America totaling $2,132,372.53, which includes Wire Nos. W03237 through W03252 (inclusive), (Accounting period October 2006), was presented. It was moved by McCormick, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 168, covering the payment of claims and demands totaling $2,132,372.53, be ratified. Motion carried. Light & Power Warrant Register No. 168, covering claims and demands presented during the period of September 28 through October 11, 2006, drawn on Bank of America totaling $121,528.32, which includes Check Nos. 503435 through 503457 (inclusive), excluding void Check Nos. listed below, (Accounting period October 2006), was presented. 503435 through 503440 It was moved by Gonzales, seconded by McCormick, that Light & Power Warrant Register No. 168 be approved and payment authorized for claims and demands totaling $121,528.32. Motion carried. Mayor Malburg and Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 5:34 p.m. The City Attorney announced that now was the time to go into closed session. It was moved by McCormick, seconded by Ybarra, that the City Council go into closed session, the time being 5:45 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. Page 9 of 10 Regular City Council Meeting Minutes October 18, 2006 It was moved by McCormick, seconded by Ybarra, 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 that 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 the following existing litigation case numbers pursuant to subdivision (a) of Government Code Section 54956.9, and that no action was taken on said matters. a. LASC No. BC 331516 b. LASC No. BC 343370 C. LASC No. BS 101423 It was reported out that the City Council had a conference with Legal Counsel in closed session regarding one item of anticipated litigation pursuant to subdivision (c) of Government Code Section 54956.9 and that a settlement with Jacob Ibarra was approved. It was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 5:50 p.m. Motion carried. ATTE27: Bruce/ V) Malkenhorst, Jr. Actin City Clerk Leonis C. Ma�burg�� Mayor Page 10 of 10