20050817 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD AUGUST 17, 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 advised that two items listed on the
Consent Calendar: 1) Request to amend the Salary Resolution to
comply with State Law on Retirement Plans; and, 2) Request for
authority to closeout the Supplemental Executive Retirement Plan
should be removed from the agenda.
It was moved by Davis, seconded by Gonzales, that the
1) Request to amend the Salary Resolution to comply with State
Law on Retirement Plans; and 2) the Request for authority to
closeout the Supplemental Executive Retirement Plan, be removed
from the agenda and no further action be taken at this time.
Motion carried.
It was moved by Davis, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held August 3, 2005,
be approved and adopted as submitted. Motion carried.
The City Attorney advised that a SPIRITS Award Level I
to be given to Brett Koontz, Environmental Health Specialist,
has been recommended.
It was moved by Ybarra, seconded by McCormick, that
the issuance of the SPIRITS Award Level I for Environmental
Health Specialist Brett Koontz be approved. Motion carried.
The City Attorney announced that now was the time to
present the Perfect Attendance Awards for the month of July
2005:
EMPLOYEE NAME
David Hickman
Audra Hunter
Lissette Melendez
Christopher Shields
Jerrick Torres
Fabian Reyes
Michael Roche
Mark Whitworth
Sergio Canales
Ali Nourmohamadian
David Taylor
David Lazar
Jeff Wightman
POSITION
DOH
YEARS
Firefighter
07/14/03
2
Sr. Admin. Assistant
11/28/88
2
Engineering Aide
07/29/02
3
Firefighter
07/29/02
3
Env. Health Specialist
07/22/02
3
Firefighter
07/29/02
3
Captain
09/18/89
5
Acting Fire Chief
06/26/89
5
Engineering Aide III
07/04/99
6
Fiber Optics/Gas Systems Mgr.
07/01/90
6
Gas Systems Superintendent
07/13/98
7
Acting Battalion Chief
05/16/88
9
Utilityman III
03/16/86
11
The Mayor presented the awards to the above listed
employees and extended congratulations on behalf of the entire
City Council.
Regular City Council Meeting Minutes
August 17, 2005
The following employees were unable to attend the
meeting. The awards were accepted by the respective department
head.
Luis Vasquez
Police Officer
03/10/02
2
Timothy Behen
Firefighter
07/29/02
3
Jonathan Flagler
Firefighter
07/29/02
3
Teresa Nelson
Dispatcher
07/15/02
3
Robert Zepeda
Utilityman IV
07/01/02
3
Ignacio Estrada
Police Officer
01/08/01
4
Phillip Swinford
Police Officer
03/16/98
4
Darren Simpkins
Firefighter
02/26/90
11
Rex Hill
Sergeant
12/08/85
15
Steven Hartsfield
Utilityman II
12/16/85
16
The Mayor
called a short recess
at 5:06 p.m.
The City Council reconvened in regular session at 5:10
p.m., all members present before the recess again being present.
Fire Department Activity Report for the period
August 1st through 15th, 2005, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period August lst through
15th, 2005, be received and filed. Motion carried.
Police Department Activity Log for the period
August 1st through 15th, 2005, was presented.
It was moved by Gonzales, seconded by McCormick, that
the Police Department Activity Log for the period August 1st
through 15th, 2005, be received and filed. Motion carried.
Risk Management Report for the month of July 2005, was
presented.
It was moved by Davis, seconded by Ybarra, that the
Risk Management Report for the month of July 2005, be received
and filed. Motion carried.
Health Department Report for the month of July 2005,
was presented.
It was moved by McCormick, seconded by Gonzales, that
the Health Department Report for the month of July 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.
The Mayor asked if there was anyone in the audience
who wished to address the City Council at this time.
Mr. Mike Morris representing GEO Plastics located at
2200 52nd Street introduced himself and expressed his concern
with the recently approved 5% late fee on electric bills, the
pre-existing 20-day term for payment, and asked the City Council
to reconsider said billing policy.
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Regular City Council Meeting Minutes
August 17, 2005
The Assistant City Attorney addressed Mr. Morris'
concern and clarified that the 5% late fee on electric bills is
a yearly percentage and not monthly percentage and advised that
the 20-day payment period has been the City's policy for at
least ten years.
Mr. Morris reiterated his concern with the 20-day
payment period, asked the City Council to reconsider said term,
and thanked them for their time.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council at this time.
There was no one else wishing to address the City
Council at this time.
The City Attorney announced that now was the time to
open the public hearing to consider self -certification of the
2004-2005 Local Implementation Report as required by the MTA and
outlined in the CMP Land Use Analysis Program for the City of
Vernon, including the following supporting documents:
1. Staff Report, dated July 26, 2005
2. 2004-2005 Local Implementation Report
3. Notice of Public Hearing, Affidavit of Posting
and Declaration of Publication
The Director of Community Services & Water briefly
summarized the aforementioned matter.
The Mayor asked if there were any questions on this
matter at this time.
There was no one wishing to address the City Council
on this matter.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider self -certification of the 2004-
2005 Local Implementation Report as required by the MTA and
outlined in the CMP Land Use Analysis Program for the City of
Vernon, the time being 5:20 p.m. Motion carried.
RESOLUTION NO. 8816 - A Resolution of the City Council
of the City of Vernon Finding the City of Vernon to be in
Conformance with the Congestion Management Program (CMP) and
Adopting the CMP Local Development Report, in Accordance with
California Government Code Section 65089, was read by title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 8816 be approved and adopted. Motion carried.
The Consent Calendar was presented.
City Administration
Requesting authority for City Officials to attend the following:
• "League of California Cities Conference"
• "National League of Cities - 82nd Annual Conference"
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Regular City Council Meeting Minutes
August 17, 2005
Requesting authority for personnel to attend the following:
• "Workers' Compensation in California Seminar"
• "Law Seminars International Regulatory and Business
Issues for New Broadband Services Conference"
• "City Clerks' Association of California -
2005 Nuts & Bolts"
Community Services & Water Department
Requesting authority for personnel to attend the following:
• "League of California Cities Conference"
• "Pesticide Applicator Seminar"
Fire Department
Requesting authority for personnel to attend the following:
• "League of California Cities Conference"
• "2005 Emergency Management Workshop"
Health Department
Ratification for attendance of the following:
• "Certified Hazardous Materials Manager Review Course"
Requesting authority for personnel to attend the following:
• "League of California Cities Conference"
Light & Power Department
Requesting authority for personnel to attend the following:
• "Power System Protection for Engineers Course"
RESOLUTION NO. 8835 - A Resolution of the City Council of the
City of Vernon Ratifying the Execution of a Services Agreement
with Kennedy/Jenks Consultants to Perform a Gas System Study for
the Vernon Power Plant Project at an Amount Not to Exceed
$30,000.00
Ratification of City of Vernon Requisitions from 2004 Series C
Construction Fund covering claims and demands presented during
the period of July 28 through August 10, 2005, drawn on the Bank
of New York Trust Company, N.A. totaling $3,622,559.04, which
includes Requisition Nos. 208 through 226 (inclusive).
Police Department
Requesting authority for personnel to attend the following:
• "Search Warrant Class"
• "TMS Millennium Transition Training"
• "Counter -Terrorism Training Class"
• "Western States Auto Theft Investigators Training
Seminar"
• "Special Event Planning Course"
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Regular City Council Meeting Minutes
August 17, 2005
• "Role of the Police Chief Course"
• "Cocaine & Heroin Training Course"
• "CLEARS 32nd Annual Training and Technology Seminar"
Treasurer's Department
Requesting authority for personnel to attend the following:
• "League of California Cities"
• "Mandated Cost Claiming Workshop"
Warrant Register No. 1172 covering claims and demands presented
during the period of July 28 through August 10, 2005, drawn on
Bank of America totaling $679,998.36, which includes Demand Nos.
307377 through 307572 (inclusive), excluding Void Demand Nos. as
listed below. (Accounting period August 2005):
307414 through 307419
Finance Committee — August 9, 2005
A request for the issuance of a requisition for the purchase of
64.7064 tons of 19% Aqua Amonia needed for the Malburg
Generating Station Project at an approximate cost of $41,524.57.
City of Vernon Report of Cash and Investments for Quarter Ended
June 30, 2005.
Request to issue a purchase order for the purchase of a cabinet
controller and cabinet equipment for the 37th Street and Seville
Avenue Traffic Signal from Econolite Control Products, Inc. at
an approximate amount of $13,445.00.
Ratification of the issuance of a Purchase Order to PIC
Environmental Services for Phase II of the site assessment of
the Thermador property located at 5119-5309 District Boulevard
at an amount of $42,084.00.
Request to enter into a contract with R.W. Beck to assist with
the process of obtaining a License from the California Energy
Commission and an Operating Permit from the South Coast Air
Quality Management District for the Vernon Power Plant Project.
Request to issue a purchase order to Sigma Communications, LLC
for the purchase of a Replacement Reverse 911 Notification
System at an approximate amount of $16,000.00, utilizing Fund 60
funds.
RESOLUTION NO. 8827 - A Resolution of the City Council of the
City of Vernon Approving and Authorizing the Execution of a
Maintenance Agreement By and Between the City of Vernon and
Advanced Electronics for Radios and Closed Circuit Video
Equipment Used by Various Departments in the City
Request to approve a change order to the Contract with Hill
Brothers Chemical for the purchase of aqua ammonia necessary for
the Malburg Generating Station Project and extending the
contract through June 30, 2006.
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Regular City Council Meeting Minutes
August 17, 2005
Request to issue a purchase order to K.R. Nida Companies for the
purchase and installation of light bars on fire Truck No. 111 at
an approximate amount of $6,391.23.
Ratification of the business expense incurred by the Assistant
City Attorney for attending a meeting in Sacramento, California
on May 29, 2005.
City of Vernon Light & Power Department's Resource Procurement
Estimated Report for the Month of June 2005.
City of Vernon Light & Power Department's Resource Procurement
Final Report for the Month of April 2005.
Request to amend the Salary Resolution to comply with State Law
on Retirement Plans.
Request for authority to closeout the Supplemental Executive
Retirement Plan.
Personnel Committee — August 9, 2005
Request for approval for Claudia Arellano to participate in the
City's tuition reimbursement program respecting Woodbury
University contingent upon the execution of a tuition
reimbursement agreement and payback schedule.
Request to reimburse Elizabeth Negrete $6,796.29 from the
Education and Training Appropriation account for her
satisfactory completion of courses taken during the Spring 2005
Semester at Woodbury University related to her position with the
City.
It was moved by McCormick, seconded by Davis, that the
matters on the Consent Calendar be approved with the exception
of the Request to amend the Salary Resolution to comply with
State Law on Retirement Plans; and, the Request for authority to
closeout the Supplemental Executive Retirement Plan. Motion
carried.
RESOLUTION NO. 8828 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of Request for
Proposal for Annual Emergency Motor Repairs, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8828 be approved and adopted. Motion carried.
RESOLUTION NO. 8829 - A Resolution of the City Council
of the City of Vernon Accepting the Work of PCI in Accordance
with Contract No. 576 of the City of Vernon, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8829 be approved and adopted. Motion carried.
RESOLUTION NO. 8830 - A Resolution of the City Council
of the City of Vernon Approving, Authorizing and Directing the
Execution and Delivery of a Joint Exercise of Powers Agreement
By and Between the City of Vernon and the Redevelopment Agency
of the City of Vernon Relating to the Vernon Economic
Development Authority and Certain Other Matters Relating
Thereto, was read by title.
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Regular City Council Meeting Minutes
August 17, 2005
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8830 be approved and adopted. Motion carried.
RESOLUTION NO. 8831 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8473, as
Reaffirmed and Amended by Resolution No. 8780, by Amending
Section 12c of Said Resolution which Fixed the Compensation for
Certain Employees of Said City and Authorized Certain Expense
Allowances, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8831 be approved and adopted. Motion carried.
RESOLUTION NO. 8832 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Second Amendment to Agreement Number C-107782 By and Between
the City of Vernon and the City of Los Angeles Regarding the Use
of 2004 Urban Areas Security Initiative Grant Funds, was read by
title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8832 be approved and adopted. Motion carried.
RESOLUTION NO. 8833 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8779, Which
Approved a Budget for the Fiscal Year 2005-2006, to Reflect
Changes, was ready by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8833 be approved and adopted. Motion carried.
Councilman Gonzales reported for the record that an
$0.18 discrepancy appeared in the body of Resolution No. 8834.
The City Attorney advised that the correct amount to
be considered for said resolution should be $2,188,356.18.
Councilman Davis requested clarification on the
matters concerning Resolution No. 8834.
The Acting Director of Light & Power, Donal
O'Callaghan, addressed the City Council and clarified for them
the matters involved in Resolution No. 8834.
The Mayor asked if there were any other questions on
this matter at this time.
There were no more questions at this time.
RESOLUTION NO. 8834 - A Resolution of the City Council
of the City of Vernon Approving the Procurement of Commissioning
and Operating Spare Parts for the Malburg Generating Station
Project at a Not to Exceed Amount of $2,188,356.00, was read by
title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8834 be approved and adopted at an amount not -to -
exceed $2,188,356.18. Motion carried.
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Regular City Council Meeting Minutes
August 17, 2005
Light & Power of the City of Vernon Warrant Register
No. 137 covering claims and demands presented during the period
of July 28 through August 10, 2005, drawn on Bank of America
totaling $1,256,447.14, which includes Demand Nos. 501826
through 501869 (inclusive), and also excluding Void Demand Nos.
as listed below. (Accounting period August 2005):
501836 through 501841
It was moved by Ybarra, seconded by McCormick, that
the Light & Power of the City of Vernon Warrant Register No. 137
be approved and payment authorized for claims and demands
totaling $1,256,447.14. 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.
Ratification of City of Vernon Requisitions from Light
& Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of July 28 through August
10, 2005, drawn on The Bank of New York Trust Company, N.A.
totaling $749,647.59, which includes Requisition Nos. CE151
through CE157 (inclusive) .
It was moved by Gonzales, seconded by Davis, that the
issuance of the City of Vernon Requisitions from the Light &
Power Custody Escrow Account No. 800452 and the payment of
claims and demands totaling $749,647.59 be ratified. Motion
carried.
The City Attorney announced that now was the time to
go into closed session.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into closed session, the time being 5:47 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the City Attorney, Chief Assistant City Attorney,
Assistant City Attorney, members of the City Attorney's Office,
and outside Legal Counsel of the City.
The Mayor asked that all the 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 6:23 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding
existing litigation case nos. LASC No. BS 095763 and LASC No. BC
207136, pursuant to subdivision (a) of Government Code Section
54956.9 and that no action was taken at this time.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding three
cases of significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9 and that no
action was taken at this time.
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Regular City Council Meeting Minutes
August 17, 2005
There being no further business to come before the City
Council at this time, it was moved by McCormick, seconded by
Ybarra, that the meeting be adjourned, the time being 6:24 p.m.
Motion carried.
ATTE� '
JBr e V. Malkenhost, Jr.
A ng City Clerk
i
�.Leonis C. P&lburcj
Mayor
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