20040901 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY
COUNCIL MEETING.OF THE ICITY
OF VERNON HELD SEPTEMBER 1, 2004,
AT 5:00 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.
-It was moved by Davis, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held August 18,
2004, be approved and adopted as submitted. Motion carried..
The Mayor Pro-Tem presented Service Pins tothe
following employees and extended congratulations on behalf of
the entire City Council,.
Ruben Herrera Uti'lityman III 15 years
Manuela Giron Deputy City Clerk 15 years
Art L. Reynoso Uti'lityman I 20 years
William Wilson Code Enforcement Inspector 20 years
Rose Gonzales Secretary 25 years
Carol Childers Computer Aided Drafting
Technician 25 years
The following employees were unable to attend the
meeting and their pins were ;accepted by their respective
department heads.
Cerissa Diaz Dispatcher 5 years
Patrick Keye System Coordinator I 20 years
Richard Recano System Coordinator 'II 20 years
Police Department Activity Log for the period August
16 through 31, 2004, was presented.
It was moved, by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period.Augus;t 16,
through 31, 2004, be received and filed. Motion carried.
Fire Department Activity Report for the period August
16 through 31, 2004, was presented,
It was moved by Davis, seconded by McCormick, that the
Fire Department Activity Report for the period August 16 through
31, 2004, be received and filed. Motion carried..
RESOLUTION No. 8487 - 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 New Age Fuel,
Inc. in Connection with the City's Public Benefit Program
(Deferred from City Council Meeting held August 18-, 2004.), was
presented.
it was moved by Gonzales, seconded`by McCormick, that
-Resolution No. 8487 be approved and adopted. Motion,carried.
Regular City Council Meeting Minutes
September 1, 2004
RESOLUTION NO. 8487 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 New Age Fuel,
Inc. in Connection with the City's Public Benefit Program
(Deferred from City Council Meeting held August 18, 2004.), was
presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No, 8487 be approved and adopted. Motion carried.
ORDINANCE NO. 1102 - An Ordinance of the City Council
of the City of Vernon Amending Chapter 1 of the Code of the City
of Vernon, California, 1959, by Amending Section 1.8 of said
Code Regarding Code Violations 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 Gonzales, seconded by McCormick, that
Ordinance No. 11.02 be approved and adopted. Motion carried.
Ayes, Ybarra, McCormick„ Davis, and Gonzales
Noes: None
Absent: Malburg
Abstained: None
The City Clerk 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-Tem asked if there was anyone.in the
audience who whished to address the Council at this time•:
There was no one who wished to address the City
Council at this time.
Communication from Bruce V. Malkenhorst, City
Admi-nistrator/City Clerk, dated August 26, 2004, was presented,
advising that on July 14, 2004, this legislative body approved
the Finance Committee's recommendation to open an escrow -
account, a purchase and sale agreement be prepared, and an
excess land be quit claimed to Masterfoods USA.
The above -mentioned has been finalized by the City Attorney's
office and it is hereby recommended that the agreement to
Purchase and Sell Real Estate and Escrow Instruction with
Masterfoods USA be approved and executed.
It was moved by Davi--s, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 26, 2004 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8524 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement to Purchase and Sell Real Estate and Escrow
Instructions By .and Between the, City of Vernon and Masterfoods
USA for Property Located Southeast of Packers Avenue and Alcoa
Avenue, was presented..
It was moved by McCormick, seconded by Davis, that
Resolution No, 8524 be approved and adopted. Motion carried.
Page 2 of 8
Regular City Council Meeting Minutes
September 1, 2004
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 26, 2004, was presented,
advising that on July 14, 2004, this legislative body approved
the Finance Committee's recommendation to enter into an
agreement with SKS Professional Services, Inc., dba MSW
Consultants to help the City stay in compliance with AB939.
The agreement has been finalized by the City Attorney's office
and it is hereby recommended that the agreement with SKS
Professional Services, Inc., dba MSW Consultants be approved and
executed.
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated August 26, 2004 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8526 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Executionof
a Consulting Services Agreement .By and Between the City of
Vernon and SKS Professional Services, Inc., dba MSW Consultants,
for Services Relating to AB 939 Compliance and Franchise Fees,
was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8526 be approved and adopted. Motion carried.
Communication from Sol Benudiz, Acting Chief of
Police, dated August 6, 2004, was presented, requesting
authority and funds for the below listed police personnel to
attend the "Investigative Interview and Interrogation'Techniques
Course" at Glendale on October 11 through 15 2004, with an
expense allowance of $564.00, of which POST will reimburse
$548.40 each.
• Inez Aragon, Detective
Christian Moscoso, Police Officer
It was moved by Davis, seconded by McCormick, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned course with.an expense
allowance of $564.00 each. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated August 11, 2004,-was presented,
requesting authority and funds for Senior Environmental Health
Specialist Leonard Grossberg to attend the "California
Integrated Waste Management Board Meeting" at Sacramento on
September 14, 2004, with an expense allowance of $290.71,
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for Leonard Grossberg to attend
the aforementioned meeting with an expense allowance of $290.71,
Motion carried.
Communication from Sol Benudi,,z, Acting Chief of Police,
dated August 19, 2004, was ,presented, requesting authority and
funds for the below listed police personnel to attend the
"Assertive Supervision Workshop" at Torrance on October 13
through 15, 2004, with an expense allowance of $276.40, of which
POST will reimburse $268.$8 each.
Page 3 of 8
Regular City Council Meeting Minutes
September '1. 2004.
• Michael Alway, Sergeant
• Elizabeth Sawickis, Assistant Records Manager
2t was moved by McCormick, seconded by Davis, that
authority and funds be -approved for the above listed police
personnel to attend the aforementioned workshop with an expense
allowance of $276.40 each. Motion carried.
Communication from Sol Benudi'z, Acting Chief of
Police, dated August 19, 2004, was presented, requesting
authority and funds for the below listed Sergeants to attend the
"Assertive Supervision Workshop" at Carlsbad on October 26
through 28, 2004, with an expense allowance of $748.00, of which
POST will reimburse $651.20 each.
• Fernando Rodriguez
• David Zapien
It was moved by Gonzales, seconded by McCormick, that
authority and funds be approved for the above listed Sergeants
to attend.the aforementioned workshop with an expense allowance
of $748.00 each. Motion carried.
Communication from Kevin Wilson, Director of 'Community
services and Water, dated August 24, 2004, was presented,
requesting authority and funds for himself to attend the
"California Building Officials 14th Annual Education Week
Courses" at Ontario on November 1, 4, and 5, 2004, with an
expense allowance of`$383.20.
It was moved by Davis, seconded by Gonzales, that
authority and funds be approved for Kevin Wilson to attend the
aforementioned courses with an expense allowance of $383.20,
Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water; dated August 24, 2004, was presented,
requesting authority and funds for Deputy Director of Community
Services and Water Sherwood Natsuhara to attend the "California
Building Officials 14th Annual Education Week Course" at Ontario
on November'3, 2004,, with an expense allowance of $154.60.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Sherwood Natsuhara to attend
the aforementioned course with an expense allowance of $154.60
Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated August 24, 2004, was presented,
requesting authority and funds for Senior Electrical Inspector
Jerry Schreiber to attend the "California Building Officials 14th
Annual Education Week Courses" at Ontario on November 3 and 4,
2004, with an expense allowance of $317.60:.
It was moved by Davis, seconded by Gonzales, that,
authority and funds be approved for Jerry Schreiber to attend
the aforementioned courses with an expense allowance of $317.60,
Motion carried.
Page 4 of 8
Regular City Council Meeting Minutes
September 1, 2004
Communication from Kevin Wilson, Director of Community
Services and Water, dated August 24, 2004, was presented,
requesting authority and funds for 'Code Enforcement Inspector
William Wilson to attend the "California Building Officials 14th
Annual Education Week Course" at Ontario on November 1, 2004,
with an expense allowance of $148,00
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for William Wilson to attend the
aforementioned course with an expense allowance of $14;,8.00.
Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated August 24, 2004, was presented,
requesting authority and funds for P1an,Checker Wenceslao "Pepe"
Reynoso to attend the "California Building officials 14th Annual
Education Week Courses" at Ontario on November 2, 3, and 5,
2004, with an expense allowance of $454.80.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be approved for Wenceslao'"Pepe" Reynoso`to
attend the aforementioned courses with an expense allowance of
$454.80. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated August 24, 2004,,was presented,
requesting authority and funds for Mechanical & Plumbing
Inspector Leo Lee to attend the "California Building Officials
14th Annual Education Week Courses" at Ontario on November 1 and
4, 2004, with an expense allowance of $318.80.<
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Leo Lee to attend the
aforementioned courses with an expense allowance of $318>.80_„
Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated August 24, 2004,- was presented,
requesting authority and funds for Civil Engineer Ehab "Max"
Maximous to attend the "Fundamentals.of Traffic Engineering
Class" at Monrovia on September 20 through 24, 2004, with an
expense allowance of $710.00.
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for Ehab "Max" Maximous to
attend the aforementioned class with an expense allowance of
$710.00, Motion carried.
Communication from Sol Benudiz, Acting Police Chief,
dated August 24, 2004, was presented, requesting authority and
funds for the below listed police personnel to attend the "SB90
Fall Workshop" at Ontario on September 21, 2004,`with an expense
allowance of $110,20 each.
• Daniel Calleros, Lieutenant
• .Danita Robertson, Records Manager
It was moved by McCormick, seconded by Davis,' that
authority and funds be approved for the above listed police
personnel to attend the aforementioned workshop with an expense
allowance of $110.20 each. Motion carried.
Page 5 of 8
Regular City Council Meeting Minutes
September 1, 2004
Communication from Bruce V. Malkenhorst, Director of
Finance, dated August 26, 2004, was presented, transmitting the
Agenda for the Adjourned Regular City Council Meeting -`Finance
Committee Section, to be held on September 1, 2004 for approval
of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis, that the
recommendations on the Agenda for the Adjourned City Council
Meeting - Finance Committee Section, held on September 1, 200A,
be approved. Motion carried.
RESOLUTION NO. 8523 - A Resolution of the City Council
of the City of Vernon. Approving and Authorizing the Execution of
a Lease By and Between the City of Vernon and Unimaginable, LLC
for the Vernon Business and Technology Development Center and
Repealing Resolution No. 8512, was presented.
It was moved by McCormick„ seconded by Gonzales, that
Resolution No. 8523 approved and adopted. Motion carried.
RESOLUTION NO. 8525 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of -
a Maintenance Service Contract By and Between the City of Vernon
and Rhino Construction Services for the Malburg Generating
Station Project, was presented_
It was moved by Davis, seconded by McCormick, that
Resolution No: 8525 approved and adopted. Motion carried.
RESOLUTION NO. 8527 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Short Form IRU-02.2 Indefeasible Right of Use Agreement By and,
Between the City of Vernon and Clougherty Packing Company for
Pilot Fiber Optic Program, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8527 approved and adopted. Motion carried:
RESOLUTION NO. 852,8 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
Various Changes Orders for the Malburg Generating Station
Project, was presented.
I:t was moved ,by Gonzales, seconded by Davis, that.
Resolution No. 8528 approved and adopted. Motion carried.
RESOLUTION NO. 8529 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8472, which
Approved a Budget for the Fiscal Year 2004-2005, to Reflect
Changes, was presented.
It was moved by Davis, seconded by McCormick, that"
Resolution No, 8529 approved and adopted. Motion carried
RESOLUTION NO. 8530 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8473 by Amending.-
Schedule II, (Exhibit "B"), Pages 13 and 15 of said Resolution
which Fixed the Compensation for Certain Employees of said City
and Authorized Certain Expense Allowances, was presented.
Page 6 of 8
Regular City Council Meeting Minutes
September 1, 2.004
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8530 approved and adopted. Motion carried.
RESOLUTION NO. 8531 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 John
Kruissink for History of the City of Vernon 'Book, was presented.:
It was moved by Davis, seconded by Gonzales, that
Resolution No. 8531 approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 26_2004, was presented, transmitting
the Agenda for the Regular City Council Meeting - Personnel
Committee Section, to be held on, August 31, 2004, for approval
of the recommendations contained therein
It was moved by Gonzales;, seconded by McCormick, that
the recommendations on the Agenda for the Adjourned Regular City
Council Meeting - Personnel Committee Section, held September 1,
2004, be approved. Motion carried.
City of Vernon Warrant Register No. 114,7 covering
claims and demands presented during the period of August 12,
2004 through August 25, 2004 drawn on Bank of America totaling
$878,010,97, which includes Demand Nos. 302200 through 302374
(inclusive), and also excluding,_Void Demand Nos,,as.listed
below. (Accounting period September 2004), was presented:
302230 302233 302252 30225`3 302254 302255
302256 302257 302332
It was moved by Davis, seconded by McCormick, that the
City of Vernon WarrantRegisterNo. 1147 be approved and payment
authorized for claims and demands totaling $878,010.97`,
excluding voided checks as listed above., Motion carried.
-Light & Power of the City of Vernon Warrant. Register
No., 112 covering claims and demands presented during the period
of August 12, 2004 through August 25, 2004 drawn on Bank of
America totaling $5,357,914.56, which includes Demand Nos,
500598 through 500654 (,inclusive)., also excluding Void Demands
Nos., as listed below. (Accounting period September 2004), was
presented:
500610 500624 500625 500626 500627 5,00628
500629
It was moved by Gonzales,`seconded by McCormick, that
the Light & Power of the City of Vernon 'Warrant Register No. 110
be approved and payment authorized for Light & Power's claims
and demands totaling $5,357,914.56. Motion carried. Councilman
Davis abstained from voting and disqualified himself because it
is reasonably foreseeable that the decision may have a material
financial effect on his source of 'income,
The Mayor Pro-Tem called a short recess at 5-:30 p.m.
The City Council reconvened in regular session at 5-34
p.m., all members present before the recess again being present.
Page 7 of 8
Regular City Council Meeting Minutes
September 1, 2004
The City Clerk announced that there was nothing to be
discussed in close session.
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 5:34-
p.m. Motion carried,.
Thomas A. Ybarr„
Mayor Pro-Tem
ATTEST:
Bruce`V. Malkenhorst
City Clerk