20050720 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD JULY 20, 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 Attorney asked if there were any changes to
the agenda that needed to be addressed at this time.
There were no changes to the agenda at this time.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the Adjourned Regular City Council Meeting held July
12, 2005, be approved and adopted as submitted. Motion carried.
The City Attorney announced that now was the time to
present the Perfect Attendance Awards for the month of June
2005:
EMPLOYEE NAME
David LeDuff
Bradley Mack
Judy Lehr
S. Kevin Wilson
Robert Martinez
Fernando Rodriguez
Solomon Benudiz
Juan Arellano
Gary Sawyer
Jose Cervantes
Victor Trujillo
POSITION
DOH
YEARS
Environmental Specialist
06/25/01
4
Firefighter
01/07/91
4
Legal Secretary
06/07/99
6
Director of Community
06/27/82
7
Services & Water
Utilityman III
03/16/86
13
Sergeant
05/19/86
13
Chief of Police
04/27/88
14
Utilityman I
08/30/87
15
Utilityman II
04/01/84
15
Utilityman II
02/21/82
16
Utilityman II
12/21/87
17
The Mayor presented the awards to the above listed
employees and extended congratulations on behalf of the entire
City Council.
The following employees were unable
to attend the
meeting. The awards
were accepted by the respective department
head.
Barry Miller
Police Officer
06/09/03
2
Maria Alway
Senior Dispatcher
01/02/96
3
Edward Hernandez
Police Officer
06/24/02
3
Alejandro Nevarez
Systems Coordinator II
06/18/01
3
Danita Robertson
Records Manager
06/24/02
3
Kent Stevenson
Police Officer
06/18/01
4
Mason Chancey
Police Officer
11/28/79
6
Otis Smith
Electrical Engineer
06/22/98
7
Jeffrey Graves
Captain
09/18/89
10
Steven Towles
Captain
04/22/80
10
Donald Quiroz
Facilities Coordinator
04/28/85
11
Christopher Romero
Administrative Aide I
06/11/90
12
David Zapien
Sergeant
09/03/85
14
Regular City Council Meeting Minutes
July 20, 2005
The Mayor called a short recess at 5:07 p.m.
The City Council reconvened in regular session at 5:10
p.m., all members present before the recess again being present.
Police Department Activity Log for the period
July 1st through 15th 2005, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period July 1st through
15th, 2005, be received and filed. Motion carried.
Fire Department Activity Report for the period
July 1st through 15th 2005, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period July 1st
through 15th, 2005, be received and filed. Motion carried.
The City Attorney advised that the Risk Management
Report for the month of June 2005 be removed from the agenda.
Risk Management Report for the month of June 2005.
It was moved by Davis, seconded by Gonzales, that the
Risk Management Report for the month of June 2005 be removed
from the agenda. Motion carried.
Health Department Report for the month of June 2005,
was presented.
It was moved by McCormick, seconded by Ybarra, that
the Health Department Report for the month of June 2005, be
received and filed. Motion carried.
The City Attorney 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.
Ms. Alma Arredondo, President of the Vernon Chamber of
Commerce, introduced herself, addressed the Council, commended
the City's leadership on behalf of the Vernon Chamber and its
business members, and offered their support in the selection of
a City Administrator.
Mr. Ronald Garcia with Southern California Edison
addressed the City Council provided a brief summary of an Energy
Assistance Fund Pilot Program being offered to customers who
reside in the City of Huntington Park, submitted a flyer
advertising said program, and thanked the City Council for their
time.
Page 2 of 8
Regular City Council Meeting Minutes
July 20, 2005
The City Attorney addressed the City Council and made
the following clarifications concerning items included in the
Consent Calendar:
matter.
■ Cynthia Mireles is listed twice;
Transfer should be effective August 1, 2005
Step Increase should be under the title of
Account Clerk
■ Cindy Calzada's title should be Senior
Administrative Assistant
■ Andrea Negrete's title should be Account Clerk
The Mayor asked if there were any questions on this
There were no questions at this time.
The Consent Calendar was presented.
Police Department
Requesting authority for personnel to attend the following:
• "PepperBall Instructor/Armorer Certification Course"
• "Simunition Instructor and Safety Course"
• "Taser M26 Instructor Training"
• "Computerized Clets Users Group Training Conference"
Personnel Committee
Request that the transfer of Cynthia Mireles to the Treasurer's
Department as an Administrative Assistant Account Clerk, on a
lateral basis with no change in compensation, effective •iuly 19,
209E August 1, 2005.
Request that Cindy Calzada be transferred to the Legal
Department as an Senior Administrative Assistant, on a lateral
basis with no change in compensation, effective August 1, 2005.
Request that Joan Francone be transferred to the
Purchasing/Customer Service Department as a Personnel Assistant,
on a lateral basis with no change in compensation, effective
August 1, 2005.
Request that Michelle Tolmasoff be transferred to the
Purchasing/Customer Service Department as an Administrative
Assistant, on a lateral basis with no change in compensation,
effective August 1, 2005.
Request that Rebecca Moore be transferred to the Light & Power
Department as an Administrative Assistant, on a lateral basis
with no change in compensation, effective August 1, 2005.
Request that Karina Rueda be transferred to the City Clerk's
Office as an Administrative Assistant, on a lateral basis with
no change in compensation, effective August 1, 2005.
Page 3 of 8
Regular City Council Meeting Minutes
July 20, 2005
Request that Jeff Graves, Fire Captain, Step 2, be granted a merit
step increase to Fire Captain, Step 1, with a new monthly base
salary of $6,624.00, effective August 21, 2005.
Request that Gabriel Martinez, Police Officer, Step 5, be granted
a merit step increase to Police Officer, Step 4, with a new
monthly base salary of $4,648.00, effective August 14, 2005.
Request that Andrea Negrete, Adfai-e.stratowe Asset Account
Clerk, Step 10, be granted a merit step increase to Adfflinistrative
Assist - Account Clerk, Step 9, with a new monthly base salary of
$2,565.00, effective August 7, 2005.
Request that Cynthia Mireles, Adffiinistrato=e Assistant Account
Clerk, Step 10, be granted a merit step increase to Adffiinistrative
Assist Account Clerk, Step 9, with a new monthly base salary of
$2,565.00, effective August 7, 2005.
Request that Sergeant Jerry Chavez, Jr. be reimbursed $1,224.10
from the Education and Training Appropriation account for his
satisfactory completion of courses taken during the Spring 2005
Semester at California State University, Long Beach, related to
his position with the City.
Request that Patrol Sergeant Michael Kenneth Alway be reimbursed
$1,368.88 from the Education and Training Appropriation account
for his satisfactory completion of courses taken during the
Spring 2005 Semester at California State University, Long Beach,
related to his position with the City.
It was moved by Gonzales, seconded by Davis, that the
matters on the Consent Calendar, as recommended, be approved.
Motion carried.
Request to enter into an agreement with the County of
Los Angeles regarding the seismic retrofit and repair of the
Soto Street Bridge over the Los Angeles River at a total
estimated cost to the City of $677,000.00, was presented.
RESOLUTION NO. 8804 - 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 the County of
Los Angeles Regarding Seismic Retrofit and Repair of the Bridge
on Soto Street Over the Los Angeles River and Repealing
Resolution No. 8137, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8804 be approved and adopted. Motion carried.
RESOLUTION NO. 8809 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Professional Services By and Between the City
of Vernon and Anthony J. Baldere for Planning, Development,
Licensing and Construction of Light & Power Capital Projects,
was read by title.
Page 4 of 8
Regular City Council Meeting Minutes
July 20, 2005
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8809 be approved and adopted. Motion carried.
RESOLUTION NO. 8810 - A Resolution of the City Council
of the City of Vernon Paying Tribute to the Southern California
Association of Governments in Recognition of its 40 Years of
Service to the Southern California Region, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8810 be approved and adopted. Motion carried.
Request to execute a Letter Agreement with the Los
Angeles Junction Railway Company regarding the installation of
water and sewer lines as part of Contract No. 592, was
presented.
RESOLUTION NO. 8811 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement By and Between the City of Vernon and the Los
Angeles Junction Railway Company Regarding Water and Sewer Line
Installation as Part of Contract No. 592, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 8811 be approved and adopted. Motion carried.
RESOLUTION NO. 8812 - A Resolution of the City Council
of the City of Vernon Authorizing the City Attorney to Identify
and Negotiate Contract Services Agreements with Engineering
Consulting Firms for the Purpose of Obtaining a License from the
California Energy Commission and an Operating Permit from the
South Coast Air Quality Management District, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8812 be approved and adopted. Motion carried.
Request to enter into a Services Agreement with McHale
Performance to carry out the performance testing required by the
California Energy Commission at an estimated cost of $78,320.00,
was presented.
RESOLUTION NO. 8813 - 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
McHale Performance for Performance Testing Necessary for the
Commissioning of the Malburg Generating Station, was read by
title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8813 be approved and adopted. Motion carried.
Request that an amendment to and complete restatement
of the Southeast Water Coalition Joint Powers Authority ("SEWC")
Agreement be approved and executed to extend the agreement for a
period of twenty-five (25) years with a provision to appropriate
$10,000.00 for the SEWC contribution required within thirty (30)
days after the execution of said agreement, was presented.
Page 5 of 8
Regular City Council Meeting Minutes
July 20, 2005
RESOLUTION NO. 8814 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment and Complete Restatement of Southeast Water
Coalition Joint Powers Agreement with Various Governmental
Agencies, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8814 be approved and adopted. Motion carried.
Warrant Register No. 1169 covering claims and demands
presented during the period of July 7 through june July 13,
2005, drawn on Bank of America totaling $484,275.69, which
includes Demand Nos. 306925 through 307016 (inclusive),
excluding check numbers 306936, 306939, 306941, 306942, 306945,
306946, 306947, and also excluding Void Demand Nos. as listed
below. (Accounting period June paid in July 2005):
306949 306950 306951 306952 306953 306954
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 1169 be approved and payment authorized for claims
and demands totaling $484,275.69. Motion carried.
Warrant Register No. 1170 covering claims and demands
presented during the period of July 7 through jidne July 13,
2005, drawn on Bank of America totaling $122,667.46, which
includes Demand Nos. 306936 through 307035 (inclusive),
excluding check numbers 306937, 306938, 306943, 306944, and
306948 through 307016, and also excluding Void Demand Nos. as
listed below. (Accounting period July 2005):
307017 307018 307019 307020 307021 307022
It was moved by Gonzales, seconded by McCormick, that
Warrant Register No. 1170 be approved and payment authorized for
claims and demands totaling $122,667.46. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 133 covering claims and demands presented during the period
of July 7 through July 13, 2005, drawn on Bank of America
totaling $17,680.25, which includes Demand Nos. 501753 through
501781 (inclusive), and also excluding Void Demand Nos. as
listed below. (Accounting period July 2005):
501775 501776 501777 501778 501779 501780
It was moved by Ybarra, seconded by McCormick, that
the Light & Power of the City of Vernon Warrant Register No. 133
be approved and payment authorized for claims and demands
totaling $17,680.25. Motion carried. Councilman Davis
abstained and disqualified himself because it is reasonably
foreseeable that his decision may have a material financial
effect on his source of income.
Page 6 of 8
Regular City Council Meeting Minutes
July 20, 2005
Light & Power of the City of Vernon Warrant Register
No. 134 covering claims and demands presented during the period
of July 7 through July 13, 2005, drawn on Bank of America
totaling $1,485,711.02, which includes Demand Nos. 501751
through 501774 (inclusive), excluding check number 501753, and
also excluding Void Demand Nos. as listed below. (Accounting
period June paid in July 2005):
501754 501755 501756 501757 501758 501759
It was moved by Gonzales, seconded by McCormick, that
the Light & Power of the City of Vernon Warrant Register No. 134
be approved and payment authorized for claims and demands
totaling $1,485,711.02. Motion carried. Councilman Davis
abstained and disqualified himself because it is reasonably
foreseeable that his decision may have a material financial
effect on his source of income.
Payroll Warrant Register No. 589 covering claims and
demands presented during the period of May 15 through June 11,
2005, drawn on Bank of America totaling $2,214,960.87, which
includes Demand Nos. 8808 through 8824 (inclusive), with no
voids. (Accounting period June 2005)
It was moved by Ybarra, seconded by Davis, that the
Payroll Warrant Register No. 589 be approved and the payment for
claims and demands totaling $2,214,960.87 be ratified. Motion
carried.
Ratification of City of Vernon Requisitions from 2004
Series C Construction Fund covering claims and demands presented
during the period of July 7 through July 13, 2005, drawn on the
Bank of New York Trust Company, N.A. totaling $44,572.98, which
includes Requisition Nos. 188 through 190 (inclusive).
It was moved by McCormick, seconded by Gonzales, that
the issuance of the Requisitions from the 2004 Series C
Construction Fund and the payment of claims and demands totaling
$44,572.98 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 July 7 through July 13,
2005, drawn on The Bank of New York Trust Company, N.A. totaling
$335,977.84, which includes Requisition Nos. CE148 through CE149
(inclusive) .
It was moved by Ybarra, seconded by Gonzales, that the
issuance of the Requisitions from the Light & Power Custody
Escrow Account No. 800452 and the payment of claims and demands
totaling $335,977.84 be ratified. Motion carried.
The City Attorney that now was the time to go into
closed session.
It was moved by McCormick, seconded by Ybarra, that
the City Council go into closed session, the time being 5:40
p.m. Motion carried.
Page 7 of 8
Regular City Council Meeting Minutes
July 20, 2005
All persons were excluded from closed session with the
exception of the Acting City Clerk, City Attorney, members of
the City Attorney's Office, and outside Legal Counsel of the
City.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
It was moved by Ybarra, seconded by Davis, that the
Council go out of closed session and resume regular session, the
time being 5:45 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding three
potential cases of anticipated litigation - significant exposure
to litigation - pursuant to subdivision (b) of Government Code
Section 54956.9 and that authority was given to the City
Attorney to reject the claim submitted by Mr. Navarro and that
no action was taken on the two remaining cases.
There being no 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 5:45
p.m.
ATTEST:
Br V alkenhorst, Jr.
Acting City Clerk
r
Leonis C. Malburg
Mayor
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