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20070220 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 20, 2007, AT 10:00 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, Ybarra, Davis, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro-Tem Gonzales. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held February 5, 2007, be approved and adopted as submitted. Motion carried. The Acting City Administrator announced that now was the time to present a merit pin and certificate to Police Officer Christian Moscoso. The Acting Police Captain summarized the extraordinary efforts of Officer Moscoso in solving a crime that resulted in an arrest. The Mayor Pro-Tem presented the merit pin and certificate to Officer Moscoso and extended congratulations on behalf of the City Council. The Acting City Administrator announced that now was the time to present the Perfect Attendance Awards. The Mayor Pro-Tem presented Perfect Attendance Awards for the month of January to the following employees who were in attendance. EMPLOYEE NAME Sherwood Natsuhara Jesse Palomarez Marisol Trujillo David Kimes Stella Pasillas Jerry Chavez Jed Hulsey Christian Moscoso Daniel Calleros Anthony Zack Anthony Serrano Francisco Tosatado Felix Saldana JOB TITLE D.O.H. YEARS Deputy Director of Community 01/14/02 5 Services Generations Coordinator 01/02/02 5 Sr. Administrative Assistant 12/05/99 6 Battalion Chief 01/05/87 11 Sr. Administrative Assistant 06/30/81 11 Sergeant 01/10/94 13 Fire Captain 01/05/87 14 Police Officer 09/22/87 14 Lieutenant 04/04/88 15 Lieutenant 08/17/87 15 Administrative Aide II 01/21/91 16 Fire Engineer 09/18/89 16 Utilityman II 09/28/86 19 Regular City Council Meeting Minutes February 20, 2007 The below listed employees were unable to attend the meeting and their awards were forwarded to them. EMPLOYEE NAME JOB TITLE D.O.H. YEARS Rudy Valdez Generations Coordinator 01/10/05 2 Fernando Weathers Utilityman I 05/12/80 3 Norma Rodriguez Dispatcher 01/14/02 5 Efrain Sandoval Resource Scheduler 01/15/01 6 Belinda Mejia Dispatcher 01/03/00 7 Bryan Dome Fire Engineer 01/12/98 9 Greg Galvan Fire Engineer 01/12/98 9 William Foltz Fire Engineer' 09/18/89 10 Bradley Miller Fire Engineer 08/17/87 11 Andrew Guth Battalion Chief 10/24/88 13 Mauro Trujillo Utilityman II 08/28/88 15 Silas Williams Utilityman II 01/02/90 17 Craig Peltier Firefighter 10/24/88 18 The Mayor Pro-Tem called a short recess at 10:05 a.m. The City Council reconvened in regular session at 10:10 a.m., all members present before the recess again being present. The Acting City Administrator announced that now was the time to present the proclamations. The Director of Community Services & Water spoke about the investments the following companies have made in the Vernon community and gave a power point presentation detailing each company's accomplishments. The Mayor Pro-Tem thanked the following companies for their investments in the Vernon community, congratulated them on their accomplishments, and presented proclamations to each of them. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Southland Box Company in Recognition of Its Investment in the Vernon Community, was read by title and presented to Southland Box Company. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Preferred Freezer Services LBF, LLC in Recognition of Its Investment in the Vernon Community, was read by title and presented to Preferred Freezer Services LBF, LLC. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Baker Cold Storage, Inc. in Recognition of Its Investment in the Vernon Community, was read by title and presented to Baker Cold Storage, Inc. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring True Religion Apparel, Inc. in Recognition of Its Investment in the Vernon Community, was read by title and presented to True Religion Apparel, Inc. Page 2 of 11 Regular City Council Meeting Minutes February 20, 2007 A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Norton Packaging, Inc. in Recognition of Its Investment in the Vernon Community, was read by title and presented to Norton Packaging, Inc. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Matheson Tri-Gas, Inc. in Recognition of Its Investment in the Vernon Community, was read by title and presented to Matheson Tri-Gas, Inc. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Dynamic Builders, Inc. in Recognition of Its Investment in the Vernon Community, was read by title and presented to Dynamic Builders, Inc. The Acting City Administrator announced that now was the time to present the Statements on Auditing Standards (SAS 61) . Mr. Jim Godsey introduced himself and Mr. David Livingston, both with Macias, Gini & O'Connell, LLP, and summarized the contents of "The City of Vernon Required Communications For the Fiscal Year Ended June 30, 2006," copies of which were provided to the entire City Council. The Mayor Pro-Tem thanked Mr. Godsey for his service. Health Department Report for the month of January 2007, was presented. It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of January 2007, be received and filed. Motion carried. Fire Department Activity Report for the period of February 1st through February 15th, 2007, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period of February 1st through February 15th, 2007, be received and filed. Motion carried. Police Department Activity Log for the period of February 1st through February 15th, 2007, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period of February 1st through February 15th, 2007, 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 agenda or non -agenda items 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 who wished to address the City Council at this time. Page 3 of 11 Regular City Council Meeting Minutes February 20, 2007 ORDINANCE NO. 1129 - An Ordinance of the City Council of the City of Vernon Amending Sections 2.10 Through 2.16 of Article III of Chapter 2 of the Code of the City of Vernon, California, 1959, Relating to Claims and Demands Against the City and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1129 be approved for a first reading. Motion carried. Ayes: Gonzales, Ybarra, Davis, McCormick Noes: None Absent: Malburg Abstained None ORDINANCE NO. 1131 - An Ordinance of the City Council of the City of Vernon Amending Section 2.6-6(h), Article II of Chapter 2 of the Code of the City of Vernon, California, 1959, Pertaining to the Budget and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1131 be approved for a first reading. Motion carried. Ayes: Gonzales, Ybarra, Davis, McCormick Noes: None Absent: Malburg Abstained: None The Acting City Administrator announced that now was the time 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. It was moved by McCormick, seconded by Ybarra, 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 10:31 a.m. Motion carried. The Acting City Administrator advised that the proposed budget amendment incorporates the salary increases for professional and management positions within the Health Department. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one who wished to address the City Council on this matter. It was moved by McCormick, seconded by Davis, 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 10:32 a.m. Motion carried. Page 4 of 11 Regular City Council Meeting Minutes February 20, 2007 RESOLUTION NO. 9237 - 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. 9237 be approved and adopted. Motion carried. The Acting City Administrator announced that now was the time to open the public hearing to consider amending gas rates for the City of Vernon and amending Vernon's Gas Municipal Utilities Department Schedules G-2 (Small Commercial Gas Service), G-3 (Large Commercial Gas Transportation), G-4 (Large Commercial Gas Commodity), and G-5 (Electric Generation Gas Transportation), and amending form Natural Gas Transportation Agreement. It was moved by McCormick, seconded by Ybarra, to open the public hearing to consider amending gas rates for the City of Vernon and amending Vernon's Gas Municipal Utilities Department Schedules G-2 (Small Commercial Gas Service), G-3 (Large Commercial Gas Transportation), G-4 (Large Commercial Gas Commodity), and G-5 (Electric Generation Gas Transportation), and amending form Natural Gas Transportation Agreement, the time being 10:34 a.m. Motion carried. The Director of Light & Power advised that the purpose of the City's rate adjustments is to pass on the cost savings received from Southern California Gas Company to Vernon's customers. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one who wished to address the City Council on this matter. It was moved by Davis, seconded by McCormick, to close the public hearing to consider amending gas rates for the City of Vernon and amending Vernon's Gas Municipal Utilities Department Schedules G-2 (Small Commercial Gas Service), G-3 (Large Commercial Gas Transportation), G-4 (Large Commercial Gas Commodity), and G-5 (Electric Generation Gas Transportation), and amending form Natural Gas Transportation Agreement, the time being 10:44 a.m. Motion carried. RESOLUTION NO. 9240 - A Resolution of the City Council of the City of Vernon Amending Rate Schedule Nos. G-2, G-3, G-4 and G-5 Regarding Natural Gas Rates to be Charged for Gas Distributed and Supplied by the City Within Its Boundaries and Approving and Adopting an Amended Form Natural Gas Transportation Agreement, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9240 be approved and adopted. Motion carried. Page 5 of 11 Regular City Council Meeting Minutes February 20, 2007 The Consent Calendar was presented. CONSENT CALENDAR Fire Department 1. Request for authorization for personnel to attend the following: • "Hazmat Specialist Training - "Upgrade" Modules 1F & 1G" Light & Power Department 2. Ratification of a partial payment in the amount of $78,813.15 on purchase order number 11866 to Siemens Industrial Turbo -Machinery for spare parts for the Malburg Generating Station. (Note: total amount issued for spare parts in accordance with Resolution No. 8834 is $540,252.66 for purchase order numbers 11866, 11867, 11868; $461,439.51 of the total amount was ratified by City Council on February 5, 2007). Police Department 3. Ratification of the attendance of the following: • "Beginning Power Point Class" 4. Request for authorization for personnel to attend the following: • "Beginning Excel Class" • "California Police Chief's Conference" • "Identity Theft Investigation Course" • "Records Clerk Course" • "Tactical Response Expo" • "Emergency Vehicle Operations Course" • "California Office of Traffic Safety Summit 2007" • "L.A. County Police Chiefs' Association 2007 Conference" Treasurer's Department 5. 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 February 1 through February 14, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $448,662.71, which includes Requisition Nos. LCD058 through LCD063 (inclusive). 6. Ratification of the issuance of checks for Payroll Warrant Register No. 608 covering claims and demands presented during the period of December 10, 2006 through January 6, 2007, drawn on Bank of America totaling $2,295,591.24, which includes Check Nos. 9262 through 9281 (inclusive), (Accounting period January 2007). Page 6 of 11 Regular City Council Meeting Minutes February 20, 2007 Finance Committee 7. 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-127-07-GAS in the amount of $33,936.71 for meter sets for future gas customer, Owens-Illinois 8. Request to approve and execute the following change order(s) to the stated contract(s) at the stated amount(s): Contract AA-1 Services, Inc. C.O.# Amount 2 $124,690.00 9. Request to approve the following "In -Lieu" tax payments to the General Fund from the following departments: • Water Department $198,285.06 • Light & Power Department $2,804,774.51 End of Consent Calendar It was moved by McCormick, seconded by Ybarra, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request to renew the Professional Services Agreement with Bloomberg, LP for "Real Time Information" access for a term of two years, March 28, 2007 through March 27, 2009, at an approximate total cost of $79,794.00, was presented. It was moved by McCormick, seconded by Davis, that authorization be granted to renew the Professional Services Agreement with Bloomberg, LP for "Real Time Information" access for a term of two years, March 28, 2007 through March 27, 2009, at an approximate total cost of $79,794.00. Motion carried. RESOLUTION NO. 9238 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending Pages 1, 2, 12 and 23 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 Ybarra, seconded by McCormick, that Resolution No. 9238 be approved and adopted. Motion carried. RESOLUTION NO. 9239 - A Resolution of the City Council of the City of Vernon Approving and Adopting City of Vernon Revised Fire Department Rules and Regulations, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9239 be approved and adopted. Motion carried. Page 7 of 11 Regular City Council Meeting Minutes February 20, 2007 RESOLUTION NO. 9241 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement No. 04 Optical Fiber Use Agreement and Short Form IRU-04.1, IRU-04.2 and IRU-04.3 Indefeasible Right of Use Agreements By and Between the City of Vernon and U.S. Growers Cold Storage, Inc. Relating to the City's Fiber Optic Program, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9241 be approved and adopted. Motion carried. RESOLUTION NO. 9242 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Contract No. FO 2003 By and Between the City of Vernon and VCI Telcom, Inc. Relating to the Fiber Optic Program, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9242 be approved and adopted. Motion carried. RESOLUTION NO. 9243 - 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 Carollo Engineers for a Study Regarding Iron and Manganese Treatment in City Wells, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9243 be approved and adopted. Motion carried. RESOLUTION NO. 9244 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate and Addendum for the Purchase By and Between the City of Vernon and DP Vernon, LLC for Property Located at 5001 S. Soto Street, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9244 be approved and adopted. Motion carried. RESOLUTION NO. 9245 - of the City of Vernon Approving Strategic Plan of the Southeast read by title. A Resolution of the City Council and Adopting the Final Draft Cities Schools Coalition, was It was moved by McCormick, seconded by Davis, that Resolution No. 9245 be approved and adopted. Motion carried. RESOLUTION NO. 9246 - 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 U.S. Equipment Co., Inc. for the Malburg Generating Station, was read by title. Councilman Davis asked the Director of Light & Power to explain the necessity of the purchase of two air compressors from U.S. Equipment Co., Inc. The Director of Light & Power explained the problems related to the two existing air compressors and recommended that two new more suitable air compressors be purchased. Page 8 of 11 Regular City Council Meeting Minutes February 20, 2007 It was moved by Ybarra, seconded by McCormick, that Resolution No. 9246 be approved and adopted. Motion carried. RESOLUTION NO. 9247 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Consulting Agreement By and Between the City of Vernon and Mike Roos, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9247 be approved and adopted. Motion carried. RESOLUTION NO. 9248 - A Resolution of the City Council of the City of Vernon Appointing the Acting City Administrator as the Municipal Employee Relations Representative, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9248 be approved and adopted. Motion carried. RESOLUTION NO. 9249 - 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 Camfil Farr, Inc. for the Malburg Generating Station, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9249 be approved and adopted. Motion carried. RESOLUTION NO. 9250 - A Resolution of the City Council of the City of Vernon Approving the Recommendations of the Steering Committee, Los Angeles River Metals Total Maximum Daily Load, Regarding The NPDES Permit and Authorizing the City to do all Other Actions Deemed Necessary or Advisable Concerning the Recommendations, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9250 be approved and adopted. Motion carried. RESOLUTION NO. 9251 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Landlord's Estoppel Certificate, Agreement and Consent Regarding Property Located at 2970 E. 50th Street, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9251 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1211, covering claims and demands presented during the period of February 1 through February 14, 2007, drawn on Bank of America totaling $67,133.99, which includes Check Nos. 314764 through 314808, excluding void Check No. 314789 (Accounting period February 2007), was presented. It was moved by Ybarra, seconded by Davis, that the issuance of early checks for Warrant Register No. 1211, covering the payment of claims and demands totaling $67,133.99, be ratified. Motion carried. Page 9 of 11 Regular City Council Meeting Minutes February 20, 2007 Ratification of wire transfers for Warrant Register No. 1211, covering claims and demands presented during the period of February 1 through February 14, 2007, drawn on Bank of America totaling $197,302.74, which includes Wire Nos. W00203 through W00204, (Accounting period February 2007), was presented. It was moved by McCormick, seconded by Ybarra, that wire transfers for Warrant Register No. 1211, covering the payment of claims and demands totaling $197,302.74, be ratified. Motion carried. Warrant Register No. 1211, covering claims and demands presented during the period of February 1 through February 14, 2007, drawn on Bank of America totaling $785,817.18, which includes Check Nos. 314809 through 314972, excluding void Check Nos. listed below, (Accounting period February 2007), was presented. 314809 through 314814 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1211 be approved and payment authorized for claims and demands totaling $785,817.18. Motion carried. Councilman Davis excused himself from the meeting at 10:55 a.m. Ratification of the issuance of early checks for Light & Power Warrant Register No. 176, covering claims and demands presented during the period of February 1 through February 14, 2007, drawn on Bank of America totaling $473,352.85, which includes Check Nos. 503855 through 503872, excluding void Check No. 503872 (Accounting period February 2007), was presented. It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 176, covering claims and demands totaling $473,352.85, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 176, covering claims and demands presented during the period of February 1 through February 14, 2007, drawn on Bank of America totaling $1,564,821.79, which includes Wire Nos. W03412 through W03427, (Accounting period February 2007), was presented. It was moved by McCormick, seconded by Ybarra, that wire transfers for Light & Power Warrant Register No. 176, covering claims and demands totaling $1,564,821.79, be ratified. Motion carried. Light & Power Warrant Register No. 176, covering claims and demands presented during the period of February 1 through February 14, 2007, drawn on Bank of America totaling $411,866.45, which includes Check Nos. 503873 through 503914, excluding void Check Nos. listed below, (Accounting period February 2007), was presented. 503873 through 503878 Page 10 of 11 Regular City Council Meeting Minutes February 20, 2007 It was moved by Ybarra, seconded by McCormick, that Light & Power Warrant Register No. 176 be approved and payment authorized for claims and demands totaling $411,866.45. Motion carried. Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 10:57 a.m. The Acting City Administrator announced that now was the time for elected officials to report on conferences/seminars attended during the period of February 6 through February 20, 2007. Elected officials had nothing to report at this time. The Acting City Administrator announced that now was the time to go into closed session. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session, the time being 11:15 a.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 Pro-Tem ordered all communications to and from closed session deemed privileged and confidential. It was moved by Davis, seconded by McCormick, that the City Council go out of closed session and resume regular session, the time being 11:26 a.m. Motion carried. It was reported out that the City Council had a conference in closed session with legal counsel regarding existing litigation case nos. LASC No. BC 331516 and LASC No. BS 101423, and no action was taken on said cases. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting be adjourned, the time being 11:26 a.m. Motion carried. ATTEST: anuela Giron Acting City Clerk .-&Yta Hilario Gonzales Mayor Pro-Tem Page 11 of 11