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20070117 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 17, 2007, AT 5:04 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Davis, McCormick MEMBERS ABSENT: Ybarra The meeting was called to order by Mayor Malburg. The Acting City Administrator advised that existing litigation case WCAB No. LAO 0853711 was brought to the attention of the Acting City Clerk 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 the agenda pursuant to subdivision (a) of Government Code § 54956.9. It was moved by McCormick, seconded by Gonzales, to add existing litigation case WCAB No. LAO 0853711 to the closed session portion of the agenda. Motion carried. Ayes: Malburg, Noes: None Absent: Ybarra Abstained: None Gonzales, Davis, McCormick It was moved by Davis, seconded by McCormick, that the Minutes of the Regular City Council Meeting held December 20, 2006, be approved and adopted as submitted. Motion carried. The Acting City Administrator announced that now was the time to present the awards for the 112007 Used Oil Recycling Calendar Contest.,, The Director of Environmental Health provided the details regarding the selection process of the contest award recipients and presented awards to the following students and faculty members from the Vernon Elementary School. Honorable Mention Award Winners: • Graciela Arzac • Brian Corona • Damian De La Rosa • Fred Gamboa • Balbina Medina • Eli Munoz • Victor Reyes • Maria Rios • Ruby Ruiz Second Prize Winner: Jocelyn Ramirez First Prize Winner: Alejandro Cuevas Grand Prize Winner: Roman Medina Faculty Appreciation Awards: • Mrs. Santa Cruz • Mr. Yamaguchi • Principal Armando Torres Regular City Council Meeting Minutes January 17, 2007 The Mayor presented appreciation plaques to the following businesses and thanked them for supporting the "Used Oil Recycling Calendar Contest" and providing the funds for the gifts and trophies. Platinum Sponsor: • Asbury Environmental Services - Joe Balfour Gold Sponsors: • Baker Commodities, Inc. • Siemens Water Technologies - Kenneth Oldmixon/Heather Harralsen • U.S. Growers Cold Storage - Peter Corselli • Waste Management of Los Angeles - Sam Perdomo/Terry Kusma-Gottren Mr. Harold Arsenian of Innovative Waste Control, Inc., a Gold Sponsor, was unable to attend the meeting and his plaque was forwarded to him. The Mayor called a short recess at 5:15 p.m. The City Council reconvened in regular session at 5:20 p.m., all members present before the recess again being present. The Acting City Administrator announced that now was the time to present the Perfect Attendance Awards. The Mayor Pro -Tern presented Perfect Attendance Awards for the month of December to the following employees who were in attendance. EMPLOYEE NAME JOB TITLE D.O.H. YEARS Alice Saldana Administrative Assistant 01/24/82 4 Sergio Rodriguez Power & Gas Trading Manager 04/01/84 5 Gustavo Herrera Police Officer 12/04/00 6 Nicholas Perez Police Officer 12/04/00 6 Yin Lan Wang Accountant 10/29/90 8 Dean Richens Fire Captain 09/18/89 9 Michael Rogers Fire Engineer 02/26/90 12 Jeffrey James Fire Engineer 01/07/91 13 The below listed employees were unable to attend the meeting and their awards were forwarded to them. EMPLOYEE NAME Viet Nguyen Victor Vasquez, Sr. Jason Tomlinson Stephanie Johnson Maria Garcia Daniel Garcia Brian Montoya Todd Schoenig Carlos Gudino Rory Moore Steven Coster JOB TITLE D.O.H. YEARS Operations Engineer 12/15/03 3 Meter Reader 01/10/91 3 Utilityman III 12/02/02 4 Records Clerk 12/02/01 5 Police Officer 01/25/99 7 Gas & Power Procurement Mgr. 12/01/97 9 Electronics Technician 03/16/92 9 Fire Engineer 01/07/91 9 Utilityman IV 12/11/94 12 Fire Captain 06/26/89 13 Fire Engineer 02/26/90 15 The Mayor called a short recess at 5:25 p.m. Page 2 of 10 Regular City Council Meeting Minutes January 17, 2007 The City Council reconvened in regular session at 5:28 p.m., all members present before the recess again being present. A Proclamation of the Mayor and the City Council of the City of Vernon Supporting the Goals and Ideals of Korean American Day on January 13, 2007, which was presented at an off - site special event held January 11, 2007, was read by title. It was moved by Gonzales, seconded by McCormick, that the aforementioned proclamation be approved. Motion carried. Police Department Activity Log for the period of December 16th through December 31st, 2006, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period of December 16th through December 31st, 2006, be received and filed. Motion carried. Fire Department Activity Report for the period of January 1st through January 15th, 2007, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period of January 1st through January 15th, 2007, be received and filed. Motion carried. Police Department Activity Log for the period of January 1st through January 15th, 2007, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period of January 1st through January 15th, 2007, be received and filed. Motion carried. Health Department Report for the month of December 2006, was presented. It was moved by McCormick, seconded by Davis, that the Health Department Report for the month of December 2006, be received and filed. Motion carried. Risk Management Report for the month of December 2006, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of December 2006, be received and filed. Motion carried. City of Vernon Audited Financial Statements for Fiscal Year -Ended June 30, 2006, was presented. The Acting City Administrator distributed the financial statements to the City Council and briefly summarized the contents of said statements. It was moved by Gonzales, seconded by Davis, that the City of Vernon Audited Financial Statements for Fiscal Year - Ended June 30, 2006, be received and filed. Motion carried. Page 3 of 10 Regular City Council Meeting Minutes January 17, 2007 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 asked if there was anyone in the audience who wished to address the City Council at this time. Ms. Rainbow Yeung, Senior Public Affairs Specialist, from South Coast Air Quality Management District ("AQMD"), introduced herself and gave a power point presentation on the Air Quality Management Plan for 2007. The Mayor asked if there was anyone else in the audience who wished to address the City Council at this time. Mr. Ronald Garcia from Southern California Edison introduced himself and advised that on January 10, 2007, he completed 39 years of service with Edison. Mr. Garcia also provided updates on future rates and the Low Income and Summer Discount Programs. The Mayor asked if there was anyone else in the audience who wished to address the City Council at this time. There was no one else who wished to address the City Council at this time. The Consent Calendar was presented. CONSENT CALENDAR City Council Department 1. Request for authorization for City Officials to attend the following: • "Independent Cities Association - 21st Annual Conference" City Clerk's Department 2. Request for authorization for personnel to attend the following: • "Managing Emotions Under Pressure" Community Services & Water Department 3. Request for authorization for personnel to attend the following: • "League of California Cities - 2007 Public Works Officers Institute" Fire Department 4. Request for authorization for personnel to attend the following: • "Independent Cities Association - 21St Annual Conference" • "Hazmat Technician - Modules 1C & 1D" Page 4 of 10 Regular City Council Meeting Minutes January 17, 2007 Health Department 5. Request for authorization for personnel to attend the following: • "California Unified Program Annual Training Conference" Light & Power Department 6. Ratification of the execution of the following Work Authorization No(s). of the contract with Galliera Inc., dba Trico Construction ("Trico") at the stated amount(s): • PM-102-06-MGS in the amount of $29,477.42 for removal and covering of skylights at switchrooms • PM-112-06-MGS in the amount of $62,100.22 for Station A #2 Bank 7 kV system delta breaker ground protection Police Department 7. Request for authorization for personnel to attend the following: • "Independent Cities Association - 21St Annual Conference" • "Property Room Management" • "Dispatcher Update" • "California Robbery Investigators Association" • "Chemical Agent Instructor Certification" Treasurer's Department 8. Ratification of City of Vernon Requisitions from the Legal Counsel Disbursement Custody Escrow Account No. 800458 covering claims and demands presented during the period of December 28, 2006 through January 10, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $316,674.57, which includes Requisition Nos. LCD050 through LCD053 (inclusive). 9. Ratification of the issuance of checks for Payroll Warrant Register No. 607 covering claims and demands presented during the period of November 12 through December 9, 2006, drawn on Bank of America totaling $2,322,726.59, which includes Check Nos. 9233 through 9261 (inclusive), (Accounting period December 2006). End of Consent Calendar It was moved by Gonzales, seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request for permission for the Police Department to utilize grant funds to reimburse Police Officers for bulletproof vests, was presented. It was moved by McCormick, seconded by Gonzales, to grant permission to the Police Department to utilize grant funds to reimburse Police Officers for bulletproof vests. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes January 17, 2007 Request to approve a fully executed Easement Deed from the Alameda Corridor Transportation Authority for certain undivided interest to the Metropolitan Water District and a City of Vernon parcel for a sewer line located on East Alameda north of 27th Street, was presented. It was moved by Davis, seconded by Gonzales, to approve a fully executed Easement Deed from the Alameda Corridor Transportation Authority for certain undivided interest to the Metropolitan Water District and a City of Vernon parcel for a sewer line located on East Alameda north of 27th Street. Motion carried. RESOLUTION NO. 9209 - 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 Resolution No. 8741, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9209 be approved and adopted. Motion carried. RESOLUTION NO. 9210 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8365 Which Set the Time and Place for Regular Meetings of the Public Benefits Resource Committee of the City of Vernon and Repealing Resolution No. 8740, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9210 be approved and adopted. Motion carried. RESOLUTION NO. 9211 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Services Agreement By and Between the City of Vernon and Hi -Desert Communications, a Division of Cazcom, Inc. for Communications System Upgrade for the Fire Department, was read by title. The Mayor asked the Fire Chief to explain the necessity of the aforementioned purchase. The Fire Chief explained to the Mayor and the City Council that an upgrade of the department's communications system will enhance their response time and enable them to maintain a Class 1 rating. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9211 be approved and adopted. Motion carried. RESOLUTION NO. 9212 - A Resolution of the City Council of the City of Vernon Authorizing the Director of Light & Power to Execute the Mead -Phoenix Project Management Committee Resolution Regarding Authorization of the Contract for Interconnection and Operation Agreement with Nevada Power Company and Approving and Authorizing the Execution of the Mead - Phoenix Project Interconnection and Operation Agreement (Western Agreement No. 06-DSR-11729) at Mead 500-KV Substation Among the Mead -Phoenix Project Owners, the Western Area Power Administration and the Nevada Power Company, was read by title. Page 6 of 10 Regular City Council Meeting Minutes January 17, 2007 It was moved by Gonzales, seconded by Davis, that Resolution No. 9212 be approved and adopted. Motion carried. RESOLUTION NO. 9213 A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to the Disadvantaged Business Enterprise Race - Neutral Implementation Agreement By ,and Between the City of Vernon and the U.S. Department of Transportation Through the California Department of Transportation, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9213 be approved and adopted. RESOLUTION NO. 9214 - A Resolution of the City Council of the City of Vernon Authorizing the City Administrator to Pursue Strategic Options on Behalf of the Light & Power Department, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9214 be approved and adopted. Motion carried. RESOLUTION NO. 9215 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending Pages 2 and 10 of Schedule II (Exhibit B) 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 Davis, seconded by McCormick, that Resolution No. 9215 be approved and adopted. Motion carried. RESOLUTION NO. 9216 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8764 Respecting Vacation Policies for Employees of the City of Vernon and Repealing all Resolutions in Conflict Therewith, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9216 be approved and adopted. Motion carried. RESOLUTION NO. 9217 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Employment Agreement By and Between the City of Vernon and Bruce V. Malkenhorst, Jr. for Legal Services, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9217 be approved and adopted. Motion carried. RESOLUTION NO. 9218 - A Resolution of the City Council of the City of Vernon Appointing Manuela Giron as the Acting City Clerk and Kristen Enomoto as the Acting Deputy City Clerk, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9218 be approved and adopted. Motion carried. RESOLUTION NO. 9219 - A Resolution of the City Council of the City of Vernon Authorizing the Fire Chief to Evaluate and Negotiate an Agreement with a Los Angeles Area Fire Dispatch Center for the Purpose of Transitioning to a Regionalized Dispatch Center, was read by title. Page 7 of 10 Regular City Council Meeting Minutes January 17, 2007 It was moved by Gonzales, seconded by Davis, that Resolution No. 9219 be approved and adopted. Motion carried. RESOLUTION NO. 9220 - A Resolution of the City Council of the City of Vernon Establishing a 48/96 Work Schedule for the Vernon Fire Department, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9220 be approved and adopted. Motion carried. RESOLUTION NO. 9221 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9198 Regarding the Appointment of Steve Towles as Acting Police Chief, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9221 be approved and adopted. Motion carried. RESOLUTION NO. 9222 - A Resolution of the City Council of the City of Vernon Authorizing Overtime as Needed for the Vernon Police Department to Maintain Their Level of Service, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9222 be approved and adopted. Motion carried. The Acting City Attorney addressed the City Council to invoke the rule of necessity and allow Mayor Malburg and Councilman Davis to remain in the meeting through the approval of the items related to Warrant Registers. Ratification of the issuance of early checks for Warrant Register No. 1209, covering claims and demands presented during the period of December 28, 2006 through January 10, 2007, drawn on Bank of America totaling $184,118.34, which includes Check Nos. 314360 through 314397 (inclusive), (Accounting period January 2007), was presented. It was moved by McCormick, seconded by Gonzales, that that the issuance of early checks for Warrant Register No. 1209, covering the payment of claims and demands totaling $184,118.34, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1209, covering claims and demands presented during the period of December 28, 2006 through January 10, 2007, drawn on Bank of America totaling $265,704.55, which includes Wire Nos. W00195 through W00198, (Accounting period January 2007), was presented. It was moved by Gonzales, seconded by McCormick, that wire transfers for Warrant Register No. 1209, covering the payment of claims and demands totaling $265,704.55, be ratified. Motion carried. Page 8 of 10 Regular City Council Meeting Minutes January 17, 2007 Warrant Register No. 1209, covering claims and demands presented during the period of December 28, 2006 through January 10, 2007, drawn on Bank of America totaling $536,421.39, which includes Check Nos. 314398 through 314513 (inclusive), excluding void Check Nos. listed below, (Accounting period January 2007), was presented. 314398 through 314403 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1209 be approved and payment authorized for claims and demands totaling $536,421.39. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 174, covering claims and demands presented during the period of December 28, 2006 through January 10, 2007, drawn on Bank of America totaling $24,592.65, which includes Check Nos. 503728 through 503741 (inclusive), (Accounting period January 2007), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 174, covering claims and demands totaling $24,592.65, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 174, covering claims and demands presented during the period of December 28, 2006 through January 10, 2007, drawn on Bank of America totaling $2,819,348.90, which includes Wire Nos. W03359 through W03385 (inclusive), (Accounting period January 2007), was presented. It was moved by McCormick, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 174, covering claims and demands totaling $2,819,348.90, be ratified. Motion carried. Light & Power Warrant Register No. 174, covering claims and demands presented during the period of December 28, 2006 through January 10, 2007, drawn on Bank of America totaling $101,858.98, which includes Check Nos. 503742 through 503774 (inclusive), excluding void Check Nos. listed below, (Accounting period January 2007), was presented. 503742 through 503747 It was moved by Gonzales, seconded by McCormick, that Light & Power Warrant Register No. 174 be approved and payment authorized for claims and demands totaling $101,858.98. Motion carried. The Acting City Administrator announced that now was the time for elected officials to report on conferences/seminars attended during the period of January 4 through January 17, 2007. Councilman Davis summarized the events of the California Contract Cities Conference he, Councilman Gonzales, and Councilman McCormick attended in Sacramento, California during the period of January 8 through January 10, 2007, which he considered a productive business trip. Page 9 of 10 Regular City Council Meeting Minutes January 17, 2007 Councilman Gonzales summarized the details of a meeting the councilmen had with the City's retained lobbyist, whom they met with while in Sacramento for the aforementioned conference. Councilman McCormick stated that based on information he obtained during the conference, it is anticipated that 2007 will be a good year for local government. 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 6:36 p.m. Motion carried. Everyone was excluded from closed session with the exception of the Acting City Administrator, the Acting 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 Chief Deputy City Attorney and the Assistant City Attorney II were excused from closed session at 6:40 p.m. It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 6:55 p.m. Motion carried. It was reported out that the City Council had a conference in closed session with the Labor Negotiator (Acting City Administrator) and legal counsel regarding Fire Department and Police Department negotiations pursuant to Government Code Section 54957.6 and direction was given to the Acting City Administrator. 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, LASC No. BS 101423, and WCAB No. LAO 0853711 pursuant to subdivision (a) of Government Code Section 54956.9. No action was taken on cases LASC No. BC 331516 and LASC No. BS 101423 and settlement authority was given to legal counsel regarding case WCAB No. LAO 0853711. There being no further business to come before the City Council at this time, it was moved by Davis, seconded by Gonzales, that the meeting be adjourned, the time being 5:55 p.m. Motion carried. ---tnis C. M urg Mayor A TEST: Manuela Giron Acting City Clerk Page 10 of 10