20061213 Regular City Council Meeting - MinutesMINUTES OF THE RESCHEDULED REGULAR
CITY COUNCIL MEETING OF THE CITY OF VERNON
HELD DECEMBER 13, 2006, AT 4:19 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 Acting City Administrator advised that the
following matters were brought to the attention of the Acting
City Clerk after the agenda was posted and asked that a vote be
taken to find that there was a need to take immediate action on
said matters and to add said matters to the agenda.
1. Resolution No. 9194, authorizing the execution of a
Letter Agreement and Authorization to Commence Work
with PA Consulting Group for the Malburg Generating
Station
2. Closed session public employment matter for the
position of Document Control Assistant
3. Closed session employee appointment matters for the
positions of Electric Resources Planning and
Development Manager, Projects Control Manager,
Secretary to the Director of Light and Power, and
Assistant to the City Administrator
It was moved by Gonzales, seconded by McCormick, to
add the aforementioned matters to the agenda. Motion carried.
Ayes: Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: Malburg
Abstained: None
It was moved by Gonzales, seconded by McCormick, that
the Minutes of the Special City Council Meeting held November
22, 2006, be approved and adopted as submitted. Motion carried.
The Acting City Administrator announced that now was
the time to present the Service Pins.
The Mayor Pro-Tem presented Service Pins to the
following employees and extended congratulations on behalf of
the City Council:
Kenneth Jackson Utilityman III 15 Years
Pin Chan Project Engineer 5 Years
Raquel Franco Payroll Clerk 5 Years
Claudia Arellano, Department Secretary, was unable to
attend the meeting and her Service Pin was forwarded to her.
Fire Department Activity Report for the period
November 16th through November 30th, 2006, was presented.
Rescheduled Regular City Council Meeting Minutes
December 13, 2006
It was moved by Davis, seconded by McCormick, that the
Fire Department Activity Report for the period November 16th
through November 30th, 2006, be received and filed. Motion
carried.
Police Department Activity Log for the period November
16th through November 30th, 2006, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period November 16th
through November 30th, 2006, be received and filed. Motion
carried.
Light & Power Department's Resource Procurement Final
Report for the month of June 2006, was presented.
It was moved by McCormick, seconded by Davis, that the
Light & Power Department's Resource Procurement Final Report for
the month of June 2006, be received and filed. Motion carried.
Light & Power Department's Resource Procurement Final
Report for the month of July 2006, was presented.
It was moved by Gonzales, seconded by Davis, that the
Light & Power Department's Resource Procurement Final Report for
the month of July 2006, be received and filed. Motion carried.
The Acting City Administrator 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 -Tern 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. 1125 - An Ordinance of the City Council
of the City of Vernon Amending Section 2.68 of Chapter 2 and
Adding Section 2.65-1 to Chapter 2 of the Code of the City of
Vernon, California, 1959, 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 McCormick, seconded by Gonzales, that
Ordinance No. 1125 be approved and adopted. Motion carried.
Ayes:
Ybarra,
Noes:
None
Absent:
Malburg
Abstained:
None
Gonzales, Davis, McCormick
ORDINANCE NO. 1126 - An Ordinance of the City Council
of the City of Vernon Amending Various Sections of the Code of
the City of Vernon, California, 1959, Pertaining to the City
Administrator; Adding Article X, Sections 2.69 and 2.69-1, to
Chapter 2 of said Code; and Repealing all Ordinances or Parts of
Ordinances in Conflict Therewith, was read by title for a first
reading.
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December 13, 2006
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1126 be approved for a first reading. Motion
carried.
Ayes: Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: Malburg
Abstained: None
RESOLUTION NO. 9176 - 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
IntraLinks Services Regarding Virtual Data Room Services for the
Coldwater Project, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9176 be approved and adopted. Motion carried.
The Acting City Administrator announced that now was
the time to open the public hearing to consider evidence to
establish Vernon's new Transmission Revenue Balancing Account
Adjustment for its high voltage transmission facilities and
entitlements pursuant to Vernon's Transmission Owner Tariff.
It was moved by Gonzales, seconded by Davis, to open
the public hearing to consider evidence to establish Vernon's
new Transmission Revenue Balancing Account Adjustment for its
high voltage transmission facilities and entitlements pursuant
to Vernon's Transmission Owner Tariff, the time being 4:25 p.m.
Motion carried.
The Director of Light & Power summarized the details
regarding 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 Davis, to close
the public hearing to consider evidence to establish Vernon's
new Transmission Revenue Balancing Account Adjustment for its
high voltage transmission facilities and entitlements pursuant
to Vernon's Transmission Owner Tariff, the time being 4:31 p.m.
Motion carried.
RESOLUTION NO. 9190 - A Resolution of the City Council
of the City of Vernon Establishing the Transmission Revenue
Balancing Account Adjustment in Accordance with Vernon's
Transmission Owner Tariff and Providing for Tariff Sheet Changes
to Implement the Adjustment, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9190 be approved and adopted. Motion carried.
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December 13, 2006
The Consent Calendar was presented.
CONSENT CALENDAR
Community Services & Water Department
1. Request to approve a fully executed Grant Deed from GNB
Batteries Inc. for the property located at 2700 S. Indiana
Street.
2. Ratification of the attendance of the following:
• "Heavy Duty Diagnostic Electronics Troubleshooting
Workshop"
3. Request for authorization for personnel to attend the
following:
• "Hands-on Electrical Troubleshooting & Preventive
Maintenance Seminar"
Fire Department
4. Request for authorization for personnel to attend the
following:
• "Hazmat Technician - Modules 1A & 1B Training"
Legal Department
5. Ratification of City of Vernon Requisitions from Legal
Counsel Disbursement Custody Escrow Account No. 800458 covering
claims and demands presented during the period of November 16
through December 6, 2006, drawn on The Bank of New York Trust
Company, N.A. totaling $421,897.36, which includes Requisition
Nos. LCD035 through LCD041 (inclusive).
Light & Power Department
6. Ratification of the attendance of the following:
• "California Municipal Utilities Association - Electric
Utility Managers' Policy Meeting"
Finance Committee
7. RESOLUTION NO. 9187 - A Resolution of the City Council of
the City of Vernon Accepting the Bid of Don Kott Ford on Bid
Nos. 1443, 1444 and 1445 for the Purchase of Vehicles for the
Community Services & Water Department and Approving and
Authorizing the Execution of a Vehicle Purchase Contract and the
Issuance of a Purchase Order Respecting said Bids
8. RESOLUTION NO. 9191 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Maintenance Agreement By and Between the City of Vernon and
Advanced Electronics for Radio and Closed Circuit Video
Equipment Used by Various Departments in the City
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Personnel Committee
9. Ratification of the granting of a merit step increase to
Marianne Vazquez, Administrative Assistant, from step 7 to step
6, effective November 26, 2006 (Last increase November 14,
2005).
10. Ratification of the granting of a merit step increase to
William Wilson, Code Inspector, from step 2 to step 1, effective
December 10, 2006 (Last increase December 11, 2005).
11. Ratification of the reclassification of Wesley Cruz from
Engineering Aide, step 5, to Code Enforcement Inspector, step 7,
effective November 26, 2006.
12. Ratification of the reclassification of Richard Velazquez
from Vernon Service Officer, step 6, to Police Officer, step 6,
effective November 13, 2006.
13. Request to grant a merit step increase to Dean Richens,
Fire Captain, from step 3 to step 2, effective December 24, 2006
(Last increase December 25, 2005).
End of Consent Calendar
It was moved by Davis, seconded by Gonzales, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
Request for authorization for the Director of
Environmental Health to participate in California Conference of
Directors of Environmental Health (CCDEH) and serve on its
Executive Committee for a four-year term, was presented.
It was moved by McCormick, seconded by Gonzales, to
authorize the Director of Environmental Health to participate in
California Conference of Directors of Environmental Health
(CCDEH) and serve on its Executive Committee for a four-year
term. Motion carried.
Request for permission for the City to participate in
the Local Government Sharing Program and the new City Business
Tax Program for 2006 tax year data, subject to the City
Attorney's approval of an agreement, was presented.
It was moved by Gonzales, seconded by Davis, to
approve the City's participation in the Local Government Sharing
Program and the new City Business Tax Program for 2006 tax year
data, subject to the City Attorney's approval of an agreement.
Motion carried.
RESOLUTION NO. 9177 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a First Amendment to Amended and Restated Employment Agreement
By and Between the City of Vernon and Eric T. Fresch, was read
by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9177 be approved and adopted. Motion carried.
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RESOLUTION NO. 9178 - A Resolution of the City Council
of the City of Vernon Appointing Eric T. Fresch to Serve as the
Acting City Administrator of the City of Vernon and Repealing
Resolution No. 9003, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9178 be approved and adopted. Motion carried.
RESOLUTION NO. 9179 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amended General Counsel Agreement By and Between the City of
Vernon and Karns & Karabian, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9179 be approved and adopted. Motion carried.
RESOLUTION NO. 9180 - A Resolution of the City Council
of the City of Vernon Appointing Jeff Harrison to Serve as the
Acting City Attorney of the City of Vernon, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9180 be approved and adopted. Motion carried.
The Acting City Administrator advised that the
following matter should be deferred.
RESOLUTION NO. 9181 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9089 by Amending
Schedule II (Exhibit B) of said Resolution Which Fixed the
Compensation for Certain Employees of said City and Authorized
Certain Expense Allowances
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9181 be deferred. Motion carried.
RESOLUTION NO. 9182 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of One 2007 Nissan
Maxima Vehicle for the Police Department, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9182 be approved and adopted. Motion carried.
RESOLUTION NO. 9183 - A Resolution of the City Council
of the City of Vernon Approving the City's Participation in the
California Climate Action Registry and Authorizing the City to
do any Action Deemed Necessary or Advisable Concerning said
Participation, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9183 be approved and adopted. Motion carried.
RESOLUTION NO. 9184 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an OSIsoft Software License and Services Agreement By and
Between the City of Vernon and OSIsoft, Inc. for the Malburg
Generating Station, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9184 be approved and adopted. Motion carried.
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RESOLUTION NO. 9185 - 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
Sudhakar Company International for Street Lane Line Striping,
was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9185 be approved and adopted. Motion carried.
RESOLUTION NO. 9186 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 5946 Establishing
a Gas Municipal Utility Department, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9186 be approved and adopted. Motion carried.
RESOLUTION NO. 9188 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Cardiac Care Program Equipment Agreement By and Between the
City of Vernon and the County of Los Angeles, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9188 be approved and adopted. Motion carried.
RESOLUTION NO. 9189 - A Resolution of the City Council
of the City of Vernon Declaring its Intention to Approve an
Amendment to the Contract Between the Board of Administration of
the California Public Employees' Retirement System and the City
Council of the City of Vernon, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9189 be approved and adopted. Motion carried.
RESOLUTION NO. 9192 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Professional Services Agreement for Project Construction and
Construction Management Services By and Between the City of
Vernon and WGF, Incorporated, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9192 be approved and adopted. Motion carried.
RESOLUTION NO. 9193 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Conflict of Interest Waiver Letter Agreement By and Between
the City of Vernon and Nossaman, Guthner, Knox & Elliott, LLP
Respecting Property Located at 5001 South Soto Street, was read
by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9193 be approved and adopted. Motion carried.
RESOLUTION NO. 9194 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement and Authorization to Commence Work By and
Between the City of Vernon and PA Consulting Group for the
Malburg Generating Station, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9194 be approved and adopted. Motion carried.
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December 13, 2006
Ratification of the issuance of early checks for
Warrant Register No. 1206, covering claims and demands presented
during the period of November 16 through December 6, 2006, drawn
on Bank of America totaling $676,957.14, which includes Check
Nos. 313805 through 313873 (inclusive), excluding void Check No.
313810 (Accounting period December 2006), was presented.
It was moved by McCormick, seconded by Davis, that the
issuance of early checks for Warrant Register No. 1206, covering
the payment of claims and demands totaling $676,957.14, be
ratified. Motion carried.
Ratification of wire transfers for Warrant Register
No. 1206, covering claims and demands presented during the
period of November 16 through December 6, 2006, drawn on Bank of
America totaling $1,113,492.49, which includes Wire Nos. W00181
through W00193 (inclusive), (Accounting period December 2006),
was presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Warrant Register No. 1206, covering the
payment of claims and demands totaling $1,113,492.49, be
ratified. Motion carried.
Warrant Register No. 1206, covering claims and demands
presented during the period of November 16 through December 6,
2006, drawn on Bank of America totaling $546,983.13, which
includes Check Nos. 313874 through 314042 (inclusive), excluding
void Check Nos. listed below, (Accounting period December 2006),
was presented.
313874 through 313879
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 1206 be approved and payment authorized for
claims and demands totaling $546,983.13. Motion carried.
Councilman Davis excused himself from the meeting at
4:40 p.m.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 171, covering claims and demands
presented during the period of November 16 through December 6,
2006, drawn on Bank of America totaling $78,937.63, which
includes Check Nos. 503593 through 503609 (inclusive)
(Accounting period December 2006), was presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Light & Power Warrant Register
No. 171, covering claims and demands totaling $78,937.63, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 171, covering claims and demands presented
during the period of November 16 through December 6, 2006, drawn
on Bank of America totaling $4,137,021.23, which includes Wire
Nos. W03301 through W03337 (inclusive), (Accounting period
December 2006), was presented.
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December 13, 2006
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Light & Power Warrant Register No. 171,
covering claims and demands totaling $4,137,021.23, be ratified.
Motion carried.
Light & Power Warrant Register No. 171, covering
claims and demands presented during the period of November 16
through December 6, 2006, drawn on Bank of America totaling
$191,607.07, which includes Check Nos. 503610 through 503638
(inclusive), excluding void Check Nos. listed below, (Accounting
period December 2006), was presented.
503610 through 503614
It was moved by Gonzales, seconded by McCormick, that
Light & Power Warrant Register No. 171 be approved and payment
authorized for claims and demands totaling $191,607.07. Motion
carried.
Councilman Davis re-entered the Council Chamber and
resumed the meeting in regular session at 4:41 p.m.
A discussion regarding the times and dates of City
Council meetings was conducted. The Acting City Administrator
proposed having the meetings on Monday mornings and explained
the reasons for said proposal.
The Acting City Administrator announced that now was
the time for elected officials to report on conferences/seminars
attended during the period of November 22 through December 12,
2006.
Councilman McCormick summarized the events of the
National League of Cities Annual Conference he attended in Reno,
Nevada during the period of December 6 through December 9, 2006.
The Acting City Administrator announced that now was
the time to go into closed session.
It was moved by Gonzales, seconded by McCormick, that
the City Council go into closed session, the time being 4:50
p.m. Motion carried.
Everyone was excluded from closed session with the
exception of the Acting City Administrator, the Acting City
Clerk, the Acting 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 McCormick, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 4:55 p.m. Motion carried.
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December 13, 2006
It was reported out that the City Council had a
conference with legal counsel in closed session regarding four
Employee Appointment matters pursuant to Government Code Section
54957, and the following requests were approved:
1. Reclassification of Abraham Alemu from Resource
Engineer, step 1, to Electric Resources Planning and
Development Manager, step 3, effective December 24,
2006.
2. Reclassification of Gloria Orosco from Special
Assistant to the City Administrator, step 1, to
Projects Control Manager, step 5, effective December
24, 2006.
3. Reclassification of Robin Tolmasoff from Senior
Administrative Assistant, step 1, to Secretary to
the Director of Light & Power, step 6, effective
December 24, 2006.
4. Reclassification of Kristen Enomoto from Senior
Administrative Assistant, step 4, to Assistant to
the City Administrator, step 8, effective December
24, 2006.
It was reported out that the City Council had a
conference with legal counsel in closed session regarding one
Public Employment matter pursuant to Government Code Section
54957, and the request to hire Tania Tolmasoff as a Document
Control Assistant, step 7, effective January 3, 2007, was
approved.
It was reported out that the City Council had a
conference with legal counsel in closed session regarding
existing litigation case nos. LASC No. BC 331516 and LASC No. BS
101423 pursuant to subdivision (a) of Government Code Section
54956.9, and no action was taken on said cases.
It was reported out that the City Council had a
conference with legal counsel in closed session regarding two
items of anticipated litigation pursuant to subdivision (b) of
Government Code Section 54956.9, and both claims, Baskin and
Continental Vitamin Co., were rejected.
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 4:55
p.m. Motion carried.
Thomas A. Yb rra
Mayor Pro-Tem
ATTEST:
Br �Vitalkenhorst, Jr.
Acty Clerk
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