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20070702 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 2, 2007, AT 10:00 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. The City Administrator advised that a request to appoint alternates to the Disbursement Review Subcommittee Section of the City Council was brought to the City Clerk's attention after the agenda was posted and asked that a vote be taken to find that said request required immediate action and to add said request to this agenda. It was moved by Ybarra, seconded by Davis, to add the aforementioned request to this agenda. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None The City Administrator also advised that the Encroachment License Agreement referenced in the title of Resolution No. 9359 on this agenda had been corrected from No. 405 to No. 406. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Special City Council Meeting held June 25, 2007, be approved and adopted as submitted. Motion carried. The City Administrator announced that now was the time to present the Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations to each on behalf of the City Council: Samuel Kevin Wilson Director of Community 25 Years Services & Water Luz Martinez Department Secretary 20 Years Michael Gillman Lieutenant 20 Years Marco Reynoso Utilityman II 15 Years The following employees were unable to attend the meeting and their Service Pins were given to their Department Head. Danita Robertson Records Manager Edward Hernandez Police Officer 5 Years 5 Years The 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. Regular City Council Meeting Minutes July 2, 2007 The Mayor 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. ORDINANCE NO. 1135 - An Ordinance of the City Council of the City of Vernon Amending Sections 2.69 and 2.69-1 of 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 first reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1135 be approved for a first reading. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None The Consent Calendar was presented. CONSENT CALENDAR Fire Department 1. Fire Department Activity Report for the period of June 16 through June 27, 2007, to be received and filed. Light & Power Department 2. Resource Procurement Final Report for the month of February 2007, to be received and filed. Police Department 3. Police Department Activity Log for the period of June 16 through June 27, 2007, to be received and filed. Treasurer's Department 4. Ratification of City of Vernon Requisitions from the Citi Gas Custody Escrow Account No. 800457 covering claims and demands presented during the period of June 15, 2007 through June 21, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $5,000.00, which includes Requisition No. CG007. 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 June 15 through June 21, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $465,334.02, which includes Requisition No. LCD113 through LCD118. End of Consent Calendar It was moved by McCormick, seconded by Gonzales, that the matters on the Consent Calendar be approved as recommended. Motion carried. Page 2 of 8 Regular City Council Meeting Minutes July 2, 2007 The City Administrator announced that now was the time to appoint a voting delegate and alternate to represent the City at the League of California Cities Annual Conference to be held September 5-8, 2007, in Sacramento, California. It was moved by Davis, seconded by McCormick, to appoint Mayor Pro-Tem Gonzales as the voting delegate and Councilman McCormick as the voting alternate to represent the City at the League of California Cities Annual Conference to be held September 5-8, 2007, in Sacramento, California. Request from the Director of Light & Power for ratification of Work Authorization No. PM-163-07-L&P of the contract with Galliera Inc., dba Trico Construction ("Trico") in the estimated amount of $286,022.00 for the Malkenhorst Substation Refurbishment Project, was presented. It was moved by Gonzales, seconded by Davis, to ratify the execution of Work Authorization No. PM-163-07-L&P of the contract with Galliera Inc., dba Trico Construction ("Trico") in the estimated amount of $286,022.00 for the Malkenhorst Substation Refurbishment Project. Motion carried. Request from the Director of Light & Power for authorization to utilize an additional $250,000.00 from the Public Benefits Resource account for the Fiscal Year 2007-2008 to support existing Public Benefits Programs, was presented. The Director of Light & Power provided the details on the aforementioned matter and explained the necessity of allocating said funds to facilitate solutions and energy saving programs for the business community. It was moved by McCormick, seconded by Ybarra, to authorize the Director of Light & Power to utilize an additional $250,000.00 from the Public Benefits Resource account for the Fiscal Year 2007-2008 to support existing Public Benefits Programs. Motion carried. Request from the Director of Light & Power for authorization to notify the California Independent System Operator to continue with a re -study for the Vernon Power Plant 610 MW Project and authorization to issue an additional deposit payment of $10,000.00 for said re -study, was presented. It was moved by Ybarra, seconded by Davis, to authorize the Director of Light & Power to notify the California Independent System Operator to continue with a re -study for the Vernon Power Plant 610 MW Project and authorization to issue an additional deposit payment of $10,000.00 for said re -study in accordance with the April 2007 Interconnection Facilities Study Agreement. Motion carried. Request from the Director of Light & Power for approval of a fully executed Easement Deed from SDJ Enterprises, LTD for utility and incidental purposes for the property located at 2263 East Vernon Avenue, was presented. It was moved by Gonzales, seconded by McCormick, to approve a fully executed Easement Deed from SDJ Enterprises, LTD for utility and incidental purposes for the property located at 2263 East Vernon Avenue. Motion carried. Page 3 of 8 Regular City Council Meeting Minutes July 2, 2007 Request from the Fire Chief for authorization to issue a purchase order to Delta Folding Gates, Inc. in the approximate amount of $16,772.50 for a security gate and fence for Fire Station No. 3, was presented. It was moved by Ybarra, seconded by Davis, to authorize the issuance of a purchase order to Delta Folding Gates, Inc. in the approximate amount of $16,772.50 for a security gate and fence for Fire Station No. 3. Motion carried. RESOLUTION NO. 9354 - 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 Infrastructure Engineering Corporation for Sewer System Management Plan, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9354 be approved and adopted. Motion carried. RESOLUTION NO. 9355 - A Resolution of the City Council of the City of Vernon Supporting Assembly Bill 885 Relating to Metropolitan Board Positions, was read by title. The Director of Community Services & Water advised that the Central Basin Municipal Water District was seeking the City's support of Assembly Bill 885 and recommended that the City support said legislation. It was moved by Davis, seconded by Gonzales, that Resolution No. 9355 be approved and adopted. Motion carried. RESOLUTION NO. 9356 - A Resolution of the City Council of the City of Vernon Ratifying the Support of DWR Proposition 50 Relating to Urban Water Use Efficiency Program Grant Applications, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9356 be approved and adopted. Motion carried. RESOLUTION NO. 9357 - A Resolution of the City Council of the City of Vernon, Functioning as the Planning Agency of the City of Vernon, Authorizing the Community Services & Water Department, in conjunction with the Fire Department, to Commence Studying the Feasibility of Locating Fire Station No. 4 at a Proposed Site at 5119 District Boulevard in the City of Vernon, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9357 be approved and adopted. Motion carried. RESOLUTION NO. 9358 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and Thomas J. Langan, dba WTL Trading, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9358 be approved and adopted. Motion carried. Page 4 of 8 Regular City Council Meeting Minutes July 2, 2007 RESOLUTION NO. 9359 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 406 By and Between the City of Vernon and Dynamic Builders, Inc., was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9359 be approved and adopted. Motion carried. RESOLUTION NO. 9360 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Vernon Fire Department Volunteer Reserve Program, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9360 be approved and adopted. Motion carried. RESOLUTION NO. 9361 - A Resolution of the City Council of the City of Vernon Expressing its Grief at the Passing of Jose Lao, Brother of William Davis, Member of the City Council of the City of Vernon and Offering its Condolences to his Surviving Family, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9361 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1220, covering claims and demands presented during the period of June 15 through June 21, 2007, drawn on Bank of America totaling $32,153.80, which includes Check Nos. 316593 through 316608 (Accounting period July 2007), was presented. It was moved by Ybarra, seconded by Gonzales, that the issuance of early checks for Warrant Register No. 1220, covering claims and demands totaling $32,153.80, be ratified. Motion carried. Councilman Davis abstained and disqualified himself from voting on this matter. Ratification of wire transfers for Warrant Register No. 1220, covering claims and demands presented during the period of June 15 through June 21, 2007, drawn on Bank of America totaling $4,379.67, which includes Wire No. 232 (Accounting period July 2007), was presented. It was moved by McCormick, seconded by Gonzales, that wire transfers for Warrant Register No. 1220, covering claims and demands totaling $4,379.67, be ratified. Motion carried. Warrant Register No. 1220, covering claims and demands presented during the period of June 15 through June 21, 2007, drawn on Bank of America totaling $245,551.23, which includes Check Nos. 316609 through 316672 (Accounting period July 2007), was presented. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1220 be approved and payment authorized for claims and demands totaling $245,551.23. Motion carried. Page 5 of 8 Regular City Council Meeting Minutes July 2, 2007 Ratification of the issuance of early checks for Light & Power Warrant Register No. 185, covering claims and demands presented during the period of June 15 through June 21, 2007, drawn on Bank of America totaling $27,326.75, which includes Check Nos. 504418 through 504422 (Accounting period July 2007), was presented. It was moved by McCormick, seconded by Gonzales, that the issuance of early checks for Light & Power Warrant Register No. 185, covering claims and demands totaling $27,326.75, be ratified. Motion carried. Councilman Davis abstained and disqualified himself from voting on this matter. Ratification of wire transfers for Light & Power Warrant Register No. 185, covering claims and demands presented during the period of June 15 through June 21, 2007, drawn on Bank of America totaling $3,552,291.09, which includes Wire Nos. 3570 through 3582 (Accounting period July 2007), was presented. It was moved by Davis, seconded by Ybarra, that wire transfers for Light & Power Warrant Register No. 185, covering claims and demands totaling $3,552,291.09, be ratified. Motion carried. Light & Power Warrant Register No. 185, covering claims and demands presented during the period of June 15 through June 21, 2007, drawn on Bank of America totaling $128,525.24, which includes Check Nos. 504423 through 504448 (Accounting period July 2007), was presented. It was moved by McCormick, seconded by Gonzales, that Light & Power Warrant Register No. 185 be approved and payment authorized for claims and demands totaling $128,525.24. Motion carried. The City Administrator announced that now was the time to appoint alternates to the Disbursement Review Subcommittee Section of the City Council. It was moved by Gonzales, seconded by Ybarra, to appoint Councilman Davis as the first alternate and Councilman McCormick as the second alternate for the Disbursement Review Subcommittee Section of the City Council. Motion carried. The City Administrator announced that now was the time for elected officials to report on conferences/seminars attended during the period of June 25 through July 1, 2007. Elected Officials had nothing to report for said period. The City Administrator announced that now was the time for reports from departments. The Fire Chief reminded the City Council of the Fire Station No. 2 Open House and Dedication Ceremony scheduled to take place this day at 2:00 p.m. The Chief of Police, City Treasurer, and Director of Environmental Health had nothing to report at this time. Page 6 of 8 Regular City Council Meeting Minutes July 2, 2007 The Director of Personnel wished the City Council a safe and happy 4th of July holiday. The Director of Community Services & Water provided updates on the following projects: • Elevated tank, soon to be completed • City -housing renovation • Bridge project on Atlantic Boulevard The Director of Community Services & Water also thanked the City Council for allowing him to serve the City for the past twenty-five years. The Director of Light & Power reported that there had been minor power outages recently, provided an update on the Vernon Power Plant permitting process, and advised of the upcoming South Coast Air Quality Management District Meeting scheduled to be held July 13, 2007. The Mayor executed Resolution No. 9361, read it in its entirety, presented the resolution to Councilman Davis, and offered condolences to him and his family on behalf of the City Council with regard to the passing of his brother, Jose Lao. The City Administrator announced that now was the time to go into closed session. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session, the time being 11:00 a.m. Motion carried. Everyone was excluded from closed session with the exception of the City Administrator, City Attorney, and members of the City Attorney's office. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 11:34 a.m. Motion carried. It was reported out that the City Council had a conference in closed session with legal counsel regarding the following existing litigation cases pursuant to subdivision (a) of Government Code Section 54956.9, and direction was given to the City Attorney with regard to cases LASC No. BC 331516 and Sacramento Superior Court Case No. 06AS02506. No action was taken with respect to the remaining case. a. LASC No. BC 331516 b. LASC No. BS 101423 C. Sacramento Superior Court Case No. 06AS02506 Page 7 of 8 Regular City Council Meeting Minutes July 2, 2007 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 11:35 a.m. Motion carried. ATTEST: Manuela Giron City Clerk �Na Leonis & Malburg Title: Mayor Page 8 of 8