20050427 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR
CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD APRIL 27, 2005,
AT 5:00 P.M. IN THE COUNCIL CHAMBERS
OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
The City Clerk advised that the ratification of the
execution of Work Authorization No. PM5-05-002MGS should be
removed from the Consent Calendar on this agenda as it is a
duplicate item on the same.
It was moved by Ybarra seconded by Davis, that the
Minutes of the Special City Council Meeting held April 13, 2005,
be approved and adopted as submitted. Motion carried.
The City Clerk announced that now was the time to
present the service pins.
The following employees were unable to attend the
meeting. The service pins were accepted by the respective
department head.
Allen Castro Systems Coordinator I 5 Years
Shahram Sharifzadeh Systems Coordinator I 5 Years
Communication from Bruce V. Makenhorst, City
Administrator/City Clerk, dated April 19, 2005, was presented,
advising that the below listed employees qualified in the month
of March 2005 for a Perfect Attendance Award. This is
- l
awarded to employees on the basis of a minimum of two (2) years
of perfect attendance:
EMPLOYEE NAME
POSITION
DOH
YEARS
Ana Karina Rueda
Utility Clerk
01/28/02
2
Matthew HoltzendorffFirefighter
03/22/99
6
Chad McGovney
Firefighter
03/22/99
6
Michael Pinnere
Firefighter
03/22/99
6
Paul Cerda
Police Officer
03/29/98
7
Brandon Gray
Police Officer
07/10/95
9
Jorge Somoano
Engineering & Operations Manager
06/23/85
10
Patrick Keye
Systems Coordinator II
08/05/84
14
Dan Downing
Chief Deputy Director
03/01/87
18
The Mayor presented the awards to the aforementioned
employees and extended congratulations on behalf of the entire
City Council.
Adjourned Regular City Council Meeting Minutes
April 27, 2005
The following employees were unable to attend the
meeting. The awards were accepted by the respective department
head.
Gabriel Aldrete
Adam Alvarez
Debra Davis
Wilfredo Lopez
Lyndon Ong Yiu
Eugenio Cerda
Allan Castro
Shahram Sharifzadeh
Robert Farrell
Anthony Fish
Derek Meyer
Andrew Smith
Norman Sutherlin
Pete Torres
Jose Pereyra
Eliseo Genera
Utilityman IV
03/10/03
2
Utilityman III
07/01/87
3
Dispatcher
01/02/01
3
Utilityman III
11/20/88
3
Environmental Specialist
04/23/01
3
Police Officer
12/14/98
4
Systems Coordinator I
03/13/00
5
Systems Coordinator I
03/13/00
5
Firefighter
03/22/99
6
Firefighter
03/22/99
6
Firefighter
03/22/99
6
Firefighter
03/22/99
6
Firefighter
03/22/99
6
Fire Engineer
10/24/88
8
Systems Coordinator II
07/16/90
12
Civilian Court Officer
04/28/86
15
Mayor Malburg conducted the ceremonial swearing -in of
Officer David Trejo and extended congratulations on behalf of
the entire City Council.
Police Department Activity Log for the period
March 16th through March 31st 2005, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period March 16th through
March 31st 2005, be received and filed. Motion carried.
Police Department Activity Log for the period
April 1st through April 15, 2005, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
Police Department Activity Log for the period April 1st through
April 15th, 2005, be received and filed. Motion carried.
Fire Department Activity Report for the period
March 16th through March 31st, 2005, was presented.
It was moved by McCormick, seconded by Davis, that the
Fire Department Activity Report for the period March 16th through
31st, 2005, be received and filed. Motion carried.
Fire Department Activity Report for the period
April 1st through April 15th, 2005, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
Fire Department Activity Report for the period April 1st through
April 15th1 2005, be received and filed. Motion carried.
Risk Management Report for the month of March 2005,
was presented.
Page 2 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
It was moved by McCormick, seconded by Davis, that the
Risk Management Report for the month of March 2005, be received
and filed. Motion carried.
Health Department Report for the month of March 2005,
was presented.
It was moved by McCormick, seconded by Gonzales, that
the Health Department Report for the month of March 2005, be
received and filed. Motion carried.
The City Clerk announced that now was the 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.
There was no one wishing to address the Council at
this time.
ORDINANCE NO. 1107 - An Ordinance of the City Council
of the City of Vernon Amending Section 1.10 of Chapter 1,
Sections 2.7-2, 2.24, 2.27, 2.29, and 2.49 to 2.66 of Chapter 2,
Repealing Section 2.28 of Chapter 2 and Adding Sections 2.29-4,
2.67 and 2.68 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.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 1107 be approved and adopted for a second and
final reading. Motion carried.
The City Clerk announced that now was the time to open
the Public Hearing to consider a Conditional Use Permit
application from Jam -Mart International dba: Crystal Promotions
to operate a retail facility at 4400 Soto Street.
It was moved by Davis, seconded by McCormick, to open
the public hearing, the time being 5:15 p.m. Motion carried.
The Director of Community Services & Water addressed
the City Council, briefly summarized the staff report on this
matter, and presented a slide presentation.
Page 3 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
Communication from Kevin Wilson, Director of Community
Services & Water, dated April 20, 2005, was presented, advising
that Jam -Mart International, dba: Crystal Promotions has applied
for a conditional use permit to operate a retail facility at
4400 Soto Street in the City of Vernon. It is anticipated that
up to 16,000 square feet of the building will be for retail use
with the remainder being warehouse (approx. 7,932 square feet).
The retail facility will operate from 7:00 a.m. to 7:00 p.m.
seven days a week.
Submitted herewith are the following supporting documents:
1. Staff Report.
2. Request for conditional use permit and information
supporting the application.
3. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing, Notice of Intent.
4. Notice of Rescheduled Public Hearing, copies of
notification letters to owners and tenants in the area
and affidavits of posting and mailing.
5. Environmental Checklist Form and Initial Study.
6. Proposed Negative Declaration.
7. Comment letters received from interested parties.
8. City of Vernon Response to Comments.
The project is consistent with the City of Vernon Comprehensive
Zoning Ordinance and the City of Vernon General Plan as adopted
by the City of Vernon.
It is hereby recommended that the City Council determine:
1. That the project is consistent with the General Plan
as adopted by the City of Vernon.
2. That the project will not have a significant effect on
the environment.
3. That the project will not individually or cumulatively
have an adverse effect on wildlife resources.
It is also recommended that a Negative Declaration be adopted
and that a Notice of Determination and a DeMinimus Finding be
filed with the County Clerk.
It is further recommended that the conditional use permit be
granted subject to the following conditions:
a. The facility shall be operated in accordance with, and
made to conform with all current codes, rules, and regulations
and subject to permit fees as adopted by the City of Vernon not
otherwise addressed by this grant of a conditional use permit.
Page 4 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
b. All parking and loading facilities shall be paved with a
hard durable surface material and shall be adequately drained,
and kept free of dust, mud, trash and weeds. Where parking or
maneuvering areas adjoin the public street a barrier wall or
landscaping shall be installed and maintained to meet City
standards. Adequate on -site parking shall be maintained so that
no on street parking or staging will occur.
c. Prior to occupancy, Crystal Promotions shall obtain a
sales tax permit from the State Board of Equalization bearing
the City of Vernon Tax number and a City of Vernon business
license.
d. All required federal, state, local and regulatory agency permits
shall be obtained prior to operation. Prior to occupancy a
business license and occupancy permit shall be obtained.
e. The facility shall be operated in a manner, which will not
impede traffic on Soto Street or 44th Street. All vehicles shall
enter and exit the site in a front forward manner. No
maneuvering or vehicle parking associated with the facility
shall take place on the public street.
f. Dedicate to the City, by grant deed, property for the
enlargement of the curb return at the southeast corner of 44th
Street and Soto Street to provide for a 52-foot property line
radius. The Grant Deed, legal description and maps shall be
reviewed and approved by the City and recorded.
g. Prior to occupancy the curb return at the southeast corner of
Soto Street and 44th Street shall be enlarged to a 60' foot
radius and a 52' foot property line radius. The existing
driveway on Soto Street shall be removed and replaced with curb
and gutter, and sidewalk. All existing cracked sidewalk,
driveways, curb and gutter adjacent to the site on Soto Street
or 44th Street shall be repaired and maintained to meet City
standards. Remove, place or relocate including but not limited
to trees, power poles, signs and fire hydrants, that conflict
with proposed improvements and construct curb access ramps.
h. Completely remove conflicting water vault on 44th Street and any
abandoned utilities in the public right-of-way and adjoining the
site.
i. Prior to occupancy remove the driveway on Soto Street and
replace with concrete curb, gutter, and sidewalk. Relocate the
driveway on 44th Street in accordance with the site plan
submitted. All subject work shall be in accordance with City
Standards.
j. The project site shall be constructed and maintained
substantially in compliance with the site plan submitted as part
of this conditional use permit application.
k. The facility shall be operated in a manner that will prevent
unsanitary conditions, odors or other nuisances. The property
shall be provided with adequate refuse containers and refuse
disposal services. A City of Vernon franchised solid waste
hauler shall perform collection service.
Page 5 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
1.Any extension, change in use, change in ownership interest,
and/or the issuance of a new occupancy permit shall require a
new conditional use permit.
m. The facility's building shall be structurally maintained to
exclude rodents and the property shall be maintained rodent
free. The site shall maintain adequate drainage to eliminate
potential mosquito harborage.
n. Servicing of vehicles, including but not limited to, washing,
steam cleaning and repairing, shall not be permitted on the
premises. No inoperative vehicles shall be stored on -site. All
vehicles operated at the facility shall be tuned and maintained
in accordance with applicable emission standards.
o. No equipment or freight shall be stored on the site other than
in buildings, trailers, or on the docks (outside storage is
prohibited).
p. Outdoor display of merchandise shall be prohibited.
q. All on -site construction or improvements shall be in compliance
with the 1997 Building Codes (Building, Fire, Mechanical,
Plumbing and Electrical). The proponent shall obtain all
necessary building, fire, mechanical, plumbing, and electrical
permits from the City of Vernon Community Services Department
prior to commencement of construction.
The Mayor asked if there was anyone in the audience
who wished to address the Council on this matter.
Mr. Barry Segal introduced himself, asked the City
Council to reconsider Condition "g," and asked that the
construction to enlarge the curb return be waived at this time.
The Director of Community Services & Water addressed
Mr. Segal's request.
The City Clerk recommended that a further study be
conducted and that this matter be continued at the next meeting.
It was moved by McCormick, seconded by Ybarra, that
the public hearing to consider a Conditional Use Permit
application from Jam -Mart International dba: Crystal Promotions
to operate a retail facility at 4400 Soto Street, be continued
at the next Council Meeting, the time being 5:24 p.m. Motion
carried.
RESOLUTION NO. 8707 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit for Jam -
Mart International dba: Crystal Promotions to Operate a Retail
Facility Located at 4400 Soto Street.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8707 be deferred to the next meeting. Motion
carried.
Page 6 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
The City Clerk announced that now was the time to open
the Public Hearing to consider a Tentative Parcel Map No. 62600
for 45th Street, LLC to subdivide 5.2 acres located at 2651 45th
Street.
It was moved by Ybarra, seconded by Davis, to open the
public hearing, the time being 5:25 p.m. Motion carried.
The Director of Community Services & Water addressed
the City Council and briefly summarized the Engineer's Report on
this matter, advised that Condition 115" has a typographical
error that should be 45th Street rather than 44th Street, and
presented a slide presentation.
Communication from Kevin Wilson, Director of Community
Services & Water, dated April 20, 2005, was presented, advising
that 45th Street, LLC. has submitted a Tentative Parcel Map No.
62600 for investigation and report in accordance with the
Subdivision Map Act. They are proposing to subdivide 5.2 acres
located at 2651 45th Street.
Submitted herewith are the following supporting documents:
1. Engineer's Report.
2. Print of Tentative Parcel Map No. 62600.
3. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing.
4. Notice of Rescheduled Public Hearing, copies of
notification letters to owners and tenants in the area
and affidavits of posting and mailing.
5. Excerpts from the Subdivision Map Act.
The adoption of the Tentative Parcel map will pose no adverse
effects on the City of Vernon or any surrounding areas. The
project is consistent with the General Plan as adopted by the
City of Vernon and is categorically exempt from the California
Environmental Quality Act (CEQA) because it consists of four or
less parcels.
It is hereby recommended that the City Council determine:
1. That the project is consistent with the General Plan
as adopted by the City of Vernon.
2. That the project is categorically exempt from CEQA
under Section 15315 of the CEQA Guidelines (division
of industrial property into four or fewer parcels).
It is further recommended that Tentative Parcel Map No. 62600 be
approved with the following conditions:
1. Regrade Parcels "A" and "B" so that both sites drain
to a public street and does not cross property lines or onto the
railroad right-of-way.
2. Independently serve each parcel with utilities any
utility crossing the property line shall be terminated.
Page 7 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
3. Completely remove any abandoned utilities and utility
vaults adjoining the subject parcels.
4. Dedicate to the City, by Grant Deed, property for the
enlargement of the curb return at the northwest corner of 45th
Street and Seville Avenue and the southeast corner of 45th Street
and Pacific Boulevard providing a 52-foot property line radius.
The Grant Deed, legal descriptions and maps shall be reviewed
and approved by the City and recorded.
5. 45th Street, LLC shall install a new fire hydrant on
the north side of 45th Street approximately 350' feet west of the
east property line and relocate the fire hydrant located on the
northwest corner of Seville Avenue and 44;t-h 45th Street, to the
west side of Seville Avenue approximately 65' feet north of the
south property line.
6. Reconstruct the curb returns at the northwest corner
of 45th Street and Seville Avenue and the southwest corner of 45th
Street and Pacific Boulevard to provide a 60-foot radius curb
return. Remove, replace or relocate existing improvements
including but not limited to catch basins, signs, power poles
and fire hydrants, that conflict with proposed improvements and
construct curb access ramps.
7. Furnish and install (24"x 24" box) trees at intervals
of 100 feet along both Seville Avenue and 45th Street, and
adjoining the subject parcels per City of Vernon Standard.
8. Remove and reconstruct any damaged sidewalk and curb &
Gutter, as required by the City Engineer.
9. Construct sidewalk in the approximate 2.5-foot wide
soil strip in the 45th Street public right-of-way between the
existing curb and sidewalk and adjoining the subject parcel per
City of Vernon Standard Plan PV582.
10. Remove any unused driveways and construct concrete
sidewalk per City of Vernon Standard Plan PV582.
11. Construct either a 30" high barrier wall or a 4-foot
wide landscape strip where parking, loading or vehicle
maneuvering adjoin the public right-of-way.
12. Stripe and pave the parking lot as shown on the
development plans submitted dated February 17, 2005. This
includes both lot "A" and the parking at 2640 45th Street.
13. A covenant shall be recorded concurrently with the
recordation of the parcel map releasing the covenant and
agreement recorded as Document No. 95 1698493 and tying lot "A"
of Parcel Map No. 62600 to the property located at 2640 45th
Street in order to provide required off -site parking for the
building at 4620 45th Street.
Page 8 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
14. The existing loading docks facing 45th Street on the
2640 45th Street building shall be permanently sealed by
constructing a wall along the property line in a manner approved
by the Director of Community Services & Water.
The Mayor asked if there was anyone in the audience
who wished to address the Council at this time.
Mr. John Cataldo with Cataldo Architects addressed the
City Council and thanked them for their support on this matter.
The Mayor asked if there was anyone else wishing to
address the Council on this matter.
There was no one else wishing to address the Council
at this time.
It was moved by McCormick, seconded by Gonzales, to
close the public hearing to consider a Tentative Parcel Map No.
62600 for 45th Street, LLC to subdivide 5.2 acres located at 2651
45th Street, the time being, 5:30 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
City Council determine that the project is consistent with the
General Plan as adopted by the City of Vernon. Motion carried.
It was moved by McCormick, seconded by Davis, that the
City Council determine that the project is categorically exempt
from CEQA under Section 15315 of the CEQA Guidelines (division
of industrial property into four or fewer parcels. Motion
carried.
It was moved by Ybarra, seconded by Davis, that the
communication presented by the City Administrator/City Clerk on
behalf of the Director of Community Services & Water, dated
April 20, 2005, and any and all supporting documents submitted
as evidence during the public hearing be received and filed and
his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated March 31, 2005, was presented,
advising that an extensive review of the City's Code has been
conducted by the City Attorney's office and it is hereby
recommended that an ordinance be adopted memorializing the
repeal of Appendix II of the Vernon City Code.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication presented by the City
Administrator/City Clerk dated March 31, 2005, be received and
filed and his recommendation approved. Motion carried.
ORDINANCE NO. 1108 - An Ordinance of the City Council
of the City of Vernon Memorializing the Repeal of Appendix II of
the Code of the City of Vernon, California, 1959, Rules and
Regulations of Purchasing Department, which Occurred upon the
Adoption and Passage of the City Charter on April 12, 1988 and
Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title for a first reading.
Page 9 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 1108 be approved for a first reading. Motion
carried.
The consent calendar was presented.
City Administration
Requesting authority for personnel to attend the following:
• "Mastering Cobra & Hippa Portability Final
Regulations" seminar
Fire Department
Requesting authority for personnel to attend the following:
• "Confined Space Rescue" course
Health Department
Requesting authority for personnel to attend the following:
• "Food Safety & Security Conference"
Light & Power Department
Requesting authority for personnel to attend the following:
• "ION Enterprise Users - Training"
Police Department
Requesting authority for personnel to attend the following:
• "Criminal Justice Statistics Training" course
• "Basic Narcotics" course
Finance
RESOLUTION NO. 8672 - A Resolution of the City Council
of the City of Vernon Adopting an Annual Statement of Investment
Policy for 2005 and Delegating Investment Authority to the City
Treasurer
Request to issue a purchase order be issued to J.M.H. for the
demolition and remodeling of the bathroom in the city owned
property located at 4327 Furlong Place at an approximate cost of
$14,964.00.
Malburg Generating Station Project Monthly Compliance Report for
the month of March 2005.
Page 10 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
RESOLUTION NO. 8726 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement to Provide Mandated Cost Claiming Services By and
Between the City of Vernon and Maximus, Inc. for 2005-2006
Ratification of the issuance of a purchase order to MTM
Technologies in the amount of $3,716.75 for the purchase of a
router to comply with AT&T and the California Independent System
Operator (CAL ISO) standards for interconnection to the Malburg
Generating Station metering system.
Request to issue a purchase order to U.S. Filtrol Services at an
amount of $24,800.00 for the temporary water demineralization
skids required for the Malburg Generating Station.
Ratification of the issuance of following purchase orders that
were necessary for the relocation of the fiber optic at Station
A:
• Network Catalyst (MTM Tech) for the purchase of optical transport
switches at an amount of $7,650.50.
• D.R.E. Electric for the cabling inside Station A at an amount of
$6,523.80.
Request to draw down the existing purchase order issued to VCI
Telccm with a current fund balance of $75,000.00 to be utilized
for the fiber optic relocation at Station A at an approximate
amount of $24,750.00.
Request to issue a purchase order to Flir Systems in the amount
of $23,760.88 for the purchase of an infrared camera to be used
by the metering group of the Light & Power Department.
Request to issue a purchase order to Motorola c/o K.R. Nida
Companies at an amount of $18,744.21 for the purchase of the
mobile radios and accessories for the Fire Department.
Request to issue a purchase order to K.R. Nida Companies at an
amount of $4,858.06 for the purchase and installation of the
radio interfaces for the recently purchased radios for the Fire
Department.
Request to issue a purchase order to IRCI in the amount of
$10,976.55 for the purchase of a radio interface system for the
Incident Commander's radio utilizing funds from the FY2003 Urban
Area Security Initiative Grant.
Request to issue a purchase order to D & R Office Works, Inc.,
in the amount of $18,027.96 for the purchase of the requested
office furniture for the Light & Power's - Administration
Section.
Request to set up a open purchase order with Scott Specialty in
the amount of $22,756.00 for the delivery of specialty gases,
including bottle rentals that are needed to run the turbines at
the Malburg Generating Station.
Ratification of the execution of Work Authorization No. PM1-05-
002-LP to the Contract with Galliera Inc., dba Trico
Page 11 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
Construction in the amount of $63,880.00, utilizing AEC as the
Subcontractor.
Ratification of the execution of Work Authorization No. PM2-05-
003-LP to the Contract with Galliera Inc., dba Trico
Construction in the amount of $144,795.00, utilizing Contra
Costa Electric as the Subcontractor.
Ratification of the execution of Work Authorization No. PM3-05-
005-MGS to the Contract with Galliera Inc., dba Trico
Construction in the amount of $217,633.00, utilizing Contra
Costa Electric as the Subcontractor.
Ratification of the execution of Work Authorization No. PM5-05-
002-MGS to the Contract with Galliera Inc., dba Trico
Construction in the amount of $63,880.00, utilizing AEC as the
Subcontractor.
Ratification of the execution of Work Authorization No. PM6-05-
003-LP to the Contract with Galliera Inc., dba Trico
Construction in the amount of $144,795.00, utilizing Contra
Costa Electric as the Subcontractor.
Ratification of the execution of Work Authorization No. PM8-05-
006-LP to the Contract with Galliera Inc., dba Trico
Construction in the amount of $71,650.00, utilizing Robison-
Prezioso.
Ratification of the execution of Work Authorization No. PM10-05-
001-LP to the Contract with Galliera Inc., dba Trico
Construction in the amount of $34,800.00, utilizing Rhino
Construction as the Subcontractor.
Personnel
A. Hire
Requesting authority/ratification for the hiring of the below
listed persons
• Jose Luis Zermeno, Comm. Serv. Utilityman IV, Step 8
• Victoria Valenzuala, Account Clerk, Step 10
B. Reclassification
Requesting Employment Reclassification of the below listed
employees
• VSO Douglas Ulibarri to Police Officer, Step 6 and
execution of a thirty-six (36) month employment agreement
effective May 9, 2005
C. Merit Step Increase
Requesting the Grant of a merit step increase for the below
listed employees
• Frank Quinones, to Firefighter, Step 2
• Patrick Keye, to System Coordinator I, Step 4
Page 12 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
• Todd Newton, to Police Officer, Step 4
• Claudia Luna, to Account Clerk, Step 7
• George Ning, to Telephone Technician, Step 7
• Mauro Trujillo, to Utilityman II, Step 2
D. Reimbursement
Requesting Authority to reimburse, on an individual basis, the
below listed employees for the satisfactory completion of
qualified courses
• Mauro Trujillo, Community Services Department
• Marisol Trujillo, Health Department
E. Resignation
Requesting acceptance of the resignation of the below listed
employees
• Jose Urita, Police Officer
It was moved by Ybarra, seconded by Davis, that the
matters on the consent calendar be approved with the exception
of the ratification of the execution of Work Authorization No.
PM5-05-002-MGS. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 18, 2005, was presented,
advising that the California Integrated Waste Management Board
(CIWMB) annually issues Enforcement Assistance Grants to Solid
Waste Local Enforcement Agencies (LEA'S) for the procurement of
equipment, supplies, and the necessary training to meet state -
mandated responsibilities. The City is eligible for $15,500.00
and in order to receive the grant, the application was executed
to meet the deadline of April 29, 2005.
This has been reviewed by the City Attorney and it is hereby
recommended that the execution of the application for the Solid
Waste LEA Grant be ratified.
It was moved by Davis, seconded by McCormick, that the
aforementioned communication presented by the City
Administrator/City Clerk, dated April 18, 2005, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8712 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
an Application for an Enforcement Assistance Grant from the
California Integrated Waste Management Board, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8712 be approved and adopted. Motion carried.
Page 13 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 18, 2005, was presented,
advising that the California Integrated Waste Management Board
(CIWMB) annually issues Enforcement Assistance Grants to local
enforcement agencies to procure necessary equipment, supplies,
and training to improve the capability and performance of the
agencies. At this time it is necessary to apply for the llth
Cycle of the Used Oil Grant Funds for Fiscal Year 2005/2006.
This has been reviewed by the City Attorney and it is hereby
recommended that the application for a CIWMB Grant in the
approximate amount of $5,000.00 be approved and executed by the
Director of Environmental Health.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication presented by the City
Administrator/City Clerk, dated April 18, 2005, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8723 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Application for a 2005/2006 Used Oil Recycling Block Grant,
was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8723 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 18, 2005, was presented,
advising that the Federal Highway Administration (FHWA) is
requesting that all recipients of FHWA funds adopt a
Disadvantaged Business Enterprise (DBE) Program to establish
their own DBE goals before any funding can be released. On
February 28, 2005, Caltrans approved the DBE Program for FY
2004/2005 submitted by the Community Services and Water
Department.
Submitted herewith for the record is a copy of the Declaration
of Publication Notice. It is hereby recommended that the City
of Vernon's DBE Program be approved and adopted.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication presented by the City
Administrator/City Clerk, dated April 18, 2005, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8724 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Disadvantaged
Business Enterprise Program Pursuant to Part 26 of Title 49 of
the Code of Federal Regulations, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 8724 be approved and adopted. Motion carried.
RESOLUTION NO. 8725 - A Resolution of the City Council
of the City of Vernon Opposing Senate Bill 926 Relating to
Sewage Sludge Management, was presented.
Page 14 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8725 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 20, 2005, was presented,
advising that on November 3, 2004, this legislative body
approved the issuance of Request for Proposals for emergency
water and sewer repairs. On November 23, 2004, proposals from
the following firms were received and opened:
• Mike Prlich & Sons, Inc.
• Colich & Sons, L.P.
• John T. Malloy, Inc.
• Zondiros Corporation
• Rasic Construction
• Miramontes Construction
• Herman Weissker, Inc.
Due to the importance of this matter, the Director of Community
Services & Water is requesting that two companies be retained to
eliminate the potential liability associated water and sewer
infrastructure related failures. This has been reviewed by the
City Attorney and it is hereby recommended that services
agreements on an as needed basis with Mike Prlich & Sons, Inc.
and Colich & Sons, L.P. be approved and executed and
compensation provided as set forth in Section 4.01 of said
agreements, effective May 1, 2005.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication presented by the City
Administrator/City Clerk, dated April 20, 2005, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8727 - 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 Mike
Prlich & Sons, Inc. for Emergency Water and Sewer Repairs, was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8727 be approved and adopted. Motion carried.
RESOLUTION NO. 8728 - 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
Colich & Sons, L.P. for Emergency Water and Sewer Repairs, was
presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8728 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 20, 2005, was presented,
advising that on October 20, 2004, this legislative body approved
the issuance of Request for Proposals for emergency repairs on
the City's water production and distribution related equipment.
On November 16, 2004, two proposals were received and opened from
Layne Christensen and General Pump Company, Inc., with the latter
providing the lower unit bid price.
Page 15 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
This has been reviewed by the Director of Community Services &
Water and it is hereby recommended that a services agreement on
an as needed basis with General Pump Company, Inc. be approved
and executed and compensation provided as set forth in Section
4.01 of said agreement, effective May 1, 2005.
It was moved by Davis, seconded by McCormick, that the
aforementioned communication presented by the City
Administrator/City Clerk, dated April 20, 2005, be approved and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8729 - 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
General Pump Company, Inc. for Emergency Repairs on Water
Production and Distribution Related Equipment, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8729 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 20, 2005, was presented,
advising that on October 6, 2004, this legislative body approved
the issuance of Request for Proposals for weed abatement and
trash removal services. The following proposals were received
and opened on November 4, 2004:
Phase I (Initial One -Time Cleanup)
• CAM Services $21,862.00
• West Coast Arborists $35,000.00
• City of Vernon $31,222.00
Phase II (One -Year Monthly Maintenance)
• CAM Services $ 3,365.00
• West Coast Arborists $ 5,400.00
• City of Vernon $16,651.00
This has been reviewed by the Director of Community Services &
Water and it is hereby recommended that the services of Common
Area Maintenance (CAM) Services, Inc. be retained for both Phase
I and II at a cost of $62,242.00, effective May 1, 2005.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication presented by the City
Administrator/City Clerk, dated April 20, 2005, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8730 - 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
Common Area Maintenance Services, Inc. for Weed Abatement and
Trash Removal, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8730 be approved and adopted. Motion carried.
Page 16 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 25, 2005, was presented,
advising that the City Attorney's office has conducted a review
of the time and place for regular meetings of certain committees
and commissions of the City and it is hereby recommended that
Resolution No. 7682 be amended.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication presented by the City
Administrator/City Clerk, dated April 25, 2005, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8731 - 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, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8731 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated April 25, 2005, was presented,
advising that the City Attorney's office has conducted a review
of the time and place for regular meetings of the Public
Benefits Resource Committee and it is hereby recommended that
Resolution No. 8365 be amended.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication presented by the City
Administrator/City Clerk, dated April 25, 2005, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8732 - 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, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8732 be approved and adopted. Motion carried.
RESOLUTION NO. 8733 - A Resolution of the City Council
of the City of Vernon Expressing Its Condolences Upon the
Passing of Juan Padilla and Alfonso Hurtado-Gonzalez, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8733 be approved and adopted. Motion carried.
Warrant Register No. 1162 covering claims and demands
presented during the period of March 31 through April 20, 2005,
drawn on Bank of America totaling $820,146.26, which includes
Demand Nos. 305499 through 305798 (inclusive), with no voids.
(Accounting period April 2005)
It was moved by Ybarra, seconded by Davis, that
Warrant Register No. 1162 be approved and payment authorized for
claims and demands totaling $820,146.26. Motion carried.
Page 17 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
Light & Power of the City of Vernon Warrant Register
No. 127 covering claims and demands presented during the period
of March 31 through April 20, 2005, drawn on Bank of America
totaling $1,573,448.50, which includes Demand Nos. 501411
through 501477 (inclusive), and also excluding Void Demand Nos.
as listed below. (Accounting period April 2005):
501429 501430 501431 501432 501433 501434
501435
It was moved by McCormick, seconded by Gonzales, that
the Light & Power of the City of Vernon Warrant Register No. 127
be approved and payment authorized for claims and demands
totaling $1,573,448.50. Motion carried. Councilman Davis
abstained from voting and disqualified himself because it is
reasonable foreseeable that his decision may have a material
financial effect on his source of income.
Payroll Warrant Register No. 586 covering claims and
demands presented during the period of February 6 through March
19, 2005, drawn on Bank of America totaling $3,292,965.06, which
includes demand Nos. 8757 through 8776 (inclusive), with no
voids. (Accounting period April 2005)
It was moved by Ybarra, seconded by Davis, that
Payroll Warrant Register No. 586 be approved and payment
authorized for claims and demands totaling $3,292,965.06.
Motion carried.
Ratification of City of Vernon Requisitions from 2004
Series C Construction Fund covering claims and demands presented
during the period of March 31 through April 20, 2005, drawn on
the Bank of New York Trust Company, N.A. totaling $969,732.43,
which includes Requisition Nos. 095 through 113 (inclusive).
It was moved by Gonzales, seconded by McCormick, that
the City of Vernon Requisitions from the 2004 Series C
Construction Fund and the payment of the claims and demands
totaling $969,732.43 be ratified. Motion carried.
Ratification of City of Vernon Requisitions from Light
& Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of March 31 through April
20, 2005, drawn on The Bank of New York Trust Company, N.A.
totaling $2,036,074.26, which includes Requisition Nos. CE111
through CE117 (inclusive).
It was moved by Ybarra, seconded by Gonzales, that the
City of Vernon Requisitions form the Light & Power Custody
Escrow Account No. 800452 and the payment of the claims and
demands totaling $2,036,074.26 be ratified. Motion carried.
The Mayor called a short recess at 5:54 p.m.
The City Council reconvened in regular session, all
members present before the recess again being present, the time
being 6:01 p.m.
Page 18 of 19
Adjourned Regular City Council Meeting Minutes
April 27, 2005
The City Clerk 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 6:02 p.m.
Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
Members of the City Attorney's Office, outside Legal Counsel of
the City, Director of Community Services & Water, Chief of
Police, and Police Captain.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
It was moved by Gonzales, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 6:25 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session pursuant to Government Code 54957
EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE and that direction was
given to staff on this matter.
It was reported out that the City Council had a
conference with legal counsel with respect to the two items of
anticipated litigation - significant exposure to litigation and
that the City Council directed the City Attorney's Office to
accept the claim of Albert De La Cruz and deny the claim of
Lucille Rodriguera.
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 6:28
p.m. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
y es C.oniMal urg
ayor
Page 19 of 19
NOTICE OF ADJOURNMENT
Notice is hereby given that the Regular City Council
Meeting to be held April 20, 2005, at 5:00 p.m., has been
adjourned (Due to Lack of Quorum) to April 27, 2005, at 5:00
p.m., to be held in the City Council Chambers of the City Hall
located at 4305 Santa Fe Avenue, Ve�'non, California.
i
Date Manuela Giron
Deputy City Clerk
AFFIDAVIT OF POSTING
NOTICE OF ADJOURNMENT
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, declare as follows:
That I am the Deputy City Clerk of the City of Vernon,
and that the Regular Meeting of the City of Vernon City Council
to be held April 20, 2005, has been adjourned to April 27, 2005,
and that a copy of said notice (as set forth above) was posted
at a conspicuous place near the door of the room at which said
meeting was to be held.
I declare under penalty of perjury that the foregoing
is true and correct.
/G
Executed on ////T � � , at Vernon, California.
Manuela Giron
Deputy City Clerk