20050907 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD SEPTEMBER 7, 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 the Request to amend he
Salary Resolution to comply with State Law on Retirement Plans
should be removed from the Consent Calendar of tonight's agenda
and no action be taken at this time.
It was moved by Ybarra, seconded by McCormick, that
the matter requested by the City Attorney be removed from the
Consent Calendar of tonight's agenda and no action be taken at
this time.
It was moved by Gonzales, seconded by Davis, that the
Minutes of the Regular City Council Meeting held August 17,
2005, be approved and adopted as submitted. Motion carried.
The City Attorney announced that now was the time to
present the Service Pins.
The Mayor presented a service pin to the following
employee and extended congratulations on behalf of the entire
City Council:
Francesco Pirello Police Officer 15 Years
The following employees were unable to attend the
meeting and their service pins were accepted by their respective
department head.
Louie Saenz Utilityman II 25 Years
Jeffrey Coburn Systems Coordinator I 5 Years
Police Department Activity Log for the period
August 16th through 31st1 2005, was presented.
It was moved by Davis, seconded by McCormick, that the
Police Department Activity Log for the period August 16th through
31St, 2005, be received and filed. Motion carried.
Fire Department Activity Report for the period
August 16th through 31St, 2005, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period August 16th
through 31st, 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.
Regular City Council Meeting Agenda
September 7, 2005
The Mayor asked if there was anyone in the audience
who wished to address the Council at this time.
Mr. Ronald Garcia from Southern California Edison
introduced himself, addressed the City Council, summarized the
unexpected Stage 3 incident that occurred on August 25, 2005,
explained the process of the electric stages, and thanked the
City Council for their time.
The Mayor asked if there was any one else 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.
The City Attorney announced that now was the time to
open the public hearing regarding a variance application for The
Kennepohl Family Trust located at 4201 and 4215 District
Boulevard in the City of Vernon from Section 26.4.2-8(c) of the
Comprehensive Zoning Ordinance to utilize two non -conforming
truck loading spaces.
It was moved by Gonzales, seconded by McCormick, to
open the public hearing to consider a variance application for
The Kennepohl Family Trust located at 4201 and 4215 District
Boulevard in the City of Vernon from Section 26.4.2-8(c) of the
Comprehensive Zoning Ordinance to utilize two non -conforming
truck loading spaces, the time being 5:11 p.m. Motion carried.
The Director of Community Services & Water summarized
the staff report and asked that the variance be granted subject
to the conditions thereon.
The following supporting documents were submitted for the
record:
1. Staff Report, dated August 31, 2005
2. Request for variance application 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
The Mayor asked if there were any questions on this
matter.
There were no questions at this time.
It was moved by Davis, seconded by McCormick, to close
the public hearing to consider a variance application for The
Kennepohl Family Trust located at 4201 and 4215 District
Boulevard in the City of Vernon, the time being 5:15 p.m.
Motion carried.
RESOLUTION NO. 8836 - A Resolution of the City Council
of the City of Vernon Granting a Variance to The Kennepohl
Family Trust from Section 26.4.2-8(c) of the Comprehensive
Zoning Ordinance, for the Property Located at 4201 and 4215
District Boulevard in the City of Vernon, was read by title.
Page 2 of 10
Regular City Council Meeting Agenda
September 7, 2005
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8836 be approved and adopted. Motion carried.
The Consent Calendar was presented.
City Administration
Requesting authority for personnel to attend the following:
• "California Energy Market Conference"
• "Assertiveness Skills for Managers and Supervisors
Seminar"
Request to appoint Councilman McCormick as the voting delegate
and Councilman Davis as the voting alternate during the League
of California Cities Conference.
Community Services & Water Department
Requesting authority for personnel to attend the following:
• "Business Writing for Results Seminar"
Health Department
Requesting authority for personnel to attend the following:
• "Plastic Debris Rivers to Sea Conference"
• "Envision User Group Training"
Light & Power Department
Requesting authority for personnel to attend the following:
• "Regulatory & Business Issues for New Broadband
Services Conference"
Request ratification of the issuance of a purchase order to
Demag/Siemens in the amount of $37,767.51 for HRSG Spare Parts
for the Commissioning Spares for the Malburg Generating Station.
Funds have been budgeted for this purchase.
Request ratification of the issuance of a purchase order to
Demag/Siemens in the amount of $326,947.00 for STG Spare Parts
for the Malburg Generating Station. Funds have been budgeted
for this purchase.
Request ratification of the issuance of a purchase order to
Demag/Siemens in the amount of $175,538.15 for CTG Spare Parts
for the Malburg Generating Station. Funds have been budgeted
for this purchase.
Request to issue purchase orders to the following vendors at the
stated amounts for the procurement of Electrical Spares for the
Malburg Generating Station Project authorized by Resolution No.
8834:
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Regular City Council Meeting Agenda
September 7, 2005
Vendor Amount
Virginia Transformer Corporation $34,152.88
Powell Apparatus Service Division $15,996.25
WESCO $49,488.65
Schweitzer Engineering $4,654.75
Ratification of City of Vernon Requisitions from 2004 Series C
Construction Fund covering claims and demands presented during
the period of August 11 through August 31, 2005, drawn on the
Bank of New York Trust Company, N.A. totaling $2,775,782.99,
which includes Requisition Nos. 227 through 243 (inclusive).
Ratification of City of Vernon Requisitions from Light & Power
Custody Escrow Account No. 800452 covering claims and demands
presented during the period of August 11 through August 31,
2005, drawn on The Bank of New York Trust Company, N.A. totaling
$598,041.07, which includes Requisition Nos. CE158 through CE162
(inclusive).
Police Department
Requesting authority for personnel to attend the following:
• "SB90 Fall Workshop"
• "California O.T.S. Grant Writing Workshop"
Purchasing/Customer Service Department
Requesting authority for personnel to attend the following:
• "Cal -Card Program/Accounting Workshop"
• "Assertiveness Skills for Managers and Supervisors
Seminar"
Treasurer's Department
Requesting authority for personnel to attend the following:
• "Cal -Card Program/Accounting Workshop"
• "Internal Controls in California Seminar"
• "Powerful Communication Skills Seminar"
Warrant Register No. 1173 covering claims and demands presented
during the period of August 11 through August 31, 2005, drawn on
Bank of America totaling $915,318.42, which includes Demand Nos.
307573 through 307762 (inclusive), excluding Void Demand Nos. as
listed below. (Accounting period September 2005):
307575 307581 307617 through 307622
Payroll Warrant Register No. 590 covering claims and demands
presented during the period of June 12 through July 9, 2005,
drawn on Bank of America totaling $2,751,340.75, which includes
Demand Nos. 8825 through 8839 (inclusive), with no voids.
(Accounting period July 2005)
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Regular City Council Meeting Agenda
September 7, 2005
Finance Committee — August 23, 2005
Request that permission be granted to William K. Althouse to
lease a two -bedroom house located at 3349 Fruitland Avenue.
Request that permission be granted to Petrelli Utilities to
lease a two -bedroom city owned house located at 4327 Furlong
Place.
Request that permission be granted to Richard Jay Maisano to
lease a one -bedroom apartment located at 3376 E. 50th Street.
Ratification of the execution of Change Order No. 8 to the
Contract with Epic Land Solutions, Inc., in the amount of
$3,300.00 regarding the 26th Street Extension.
Request to issue a purchase order to Dell Computers for the
purchase 11 computer systems for the Emergency Operations Center
(EOC) at an approximate cost of $19,470.16, utilizing 2004
Homeland Security Grant Funds.
Request to issue a purchase order to Motorola c/o K.R. Nida for
the purchase three (3) digital radios for the Fire Department at
an approximate amount of $11,119.31, utilizing 2003 Urban Area
Security Initiative Grant Funds.
Request to issue a purchase order to Dennis D. Rock Construction
for the testing of secondary containment compartment of all city
owned storage fuel tanks at an amount of $7,700.00.
Request to issue a purchase order to Karen Warner Associates to
assist the City with the revision of its current 2001 Housing
Element at an amount not to exceed $15,000.00.
RESOLUTION NO. 8837 - 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 Power
Engineers, Inc. for Leonis Substation Study
Request to approve Work Authorization No. NG05-003 to the
Contract with Petrelli Electric, Inc., at an amount not to
exceed $50,00.00, utilizing A.E. Schmidt Co., Inc., as the
subcontractor.
Request to approve Change Order No. 6 to the Contract with Demag
Delaval Industrial Turbo Machinery Inc., for HRSG Spare Parts in
the amount of $40,883.33.
Request to approve Change Order No. 5 to the Contract with Demag
Delaval Industrial Turbo Machinery Inc., for STG Spare Parts at
an approximate amount of $353,920.13.
Request to approve Change Order No. 7 to the Contract with Demag
Delaval Industrial Turbomachinery, Inc. for the purchase of CTG
Spare Parts at an approximate amount of $190,020.00.
Request to approve Schedule C - Electronic Bulletin Board (EBB)
Agreement - to the Master Services Agreement with Southern
California Gas Company (SCGC) at no additional cost.
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Regular City Council Meeting Agenda
September 7, 2005
Ratification of the execution of the following Work
Authorizations to the Contract with Galliera Inc., dba Trico
Construction (Trico):
PM-01A-05-002-LP in the amount of $11,957.00, utilizing
Applied Engineering Concepts as the subcontractor.
PM-28-02-25-MGS in the amount of $27,170.00, utilizing
Rhino Construction as the subcontractor.
PM-32A-05-29-LP in the amount of 12,754.50, utilizing Rhino
Construction as the subcontractor.
PM-32B-05-29-LP in the amount of $9,432.50, utilizing Rhino
Construction as the subcontractor.
PM-32C-05-29-LP in the amount of $14,630.00, utilizing
Rhino Construction as the subcontractor.
PM-37-05-34-LP in the amount of $79,887.50, utilizing
Hampton Tedder as the subcontractor.
PM-38-05-35-MGS in the amount of $6,908.00, utilizing
Mitsubishi Power Systems, Inc., as the subcontractor.
PM-39-05-36-MGS in the amount of $3,976.50, utilizing
Contra Costa Electric, Inc., as the subcontractor.
PM-40-5-37-MGS in the amount of $5,918.00, utilizing Contra
Costa Electric, Inc., as the subcontractor.
PM-41-5-38-MGS in the amount of $850.63, utilizing Accurate
Air Engineering, Inc., as the subcontractor.
PM-42-5-39-MGS in the amount of $6,958.60, utilizing Atlas
Copco Filters, Inc., as the subcontractor.
PM-43-05-40-MGS in the amount of $2,236.30, utilizing
Contra Costa Electric, Inc., as the subcontractor.
Request to issue a purchase order to Printing Systems for the
printing of the City's Centennial Photo Album at an approximate
cost of $3,496.00.
Request to issue a purchase order to Bouse Machine Company for
the purchase of Commemorative License Plates for the City's
Centennial Anniversary at an amount of $2,500.00.
RESOLUTION NO. 8838 - A Resolution of the City Council of the
City of Vernon Approving and Authorizing the Termination of the
City of Vernon Supplemental Executive Retirement Plan and the
City of Vernon Trust Under the Supplemental Executive Retirement
Plan Approved by Resolution No. 7753
Personnel Committee — August 23, 2005
Ratification of the grant of a merit step increase to Victor
Vasquez, from Utilityman IV, Step 6, to Utilityman IV, Step 5,
with a new monthly base salary of $2,444.00, effective August 21,
2005.
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Regular City Council Meeting Agenda
September 7, 2005
Request to grant Claudia Arellano, Department Secretary, Step 3, a
merit step increase to Department Secretary, Step 2, with a new
monthly base salary of $5,456.00, effective September 4, 2005.
Request to grant Daniel Armellini, Administrative Captain, Step
2, a merit step increase to Administrative Captain, Step 1, with
a new monthly base salary of $6,624.00, effective September 4,
2005.
Request to grant Andrew Kroner, Engineer, Step 2, a merit step
increase to Engineer, Step 1, with a new monthly base salary of
$5,561.00, effective September 4, 2005.
Request to grant Brett Koontz, Environmental Health Specialist,
Step 2, a merit step increase to Environmental Health
Specialist, Step 1, with a new monthly base salary of $6,758.00,
effective September 18, 2005.
Request to grant Richard Velazquez, Vernon Service Officer, Step
8, a merit step increase to Vernon Service Officer, Step 7, with
a new monthly base salary of $2,655.00, effective September 18,
2005.
Request to reimburse Tyler Shook $1,402.00 from the Education
and Training Appropriation account for his satisfactory
completion of courses taken during the Spring 2005 Semester at
California State University, Fullerton, related to his position
with the City.
Request to reimburse Kenneth Jackson $253.37 from the Education
and Training Appropriation account for his satisfactory
completion of courses taken during the Spring 2005 Semester at
Los Angeles Trade -Technical College related to his position with
the City.
Request to transfer Fernando Flores to the Water Department on a
lateral basis only, with no change in compensation, effective
August 28, 2005.
Ratification of the reassignment of Sergeant Fernando Rodriguez
to the Patrol Division effective August 21, 2005. With this
reassignment, Sergeant Rodriguez will no longer be eligible for
the $175.00 per month Premium Pay.
Ratification of the reassignment of Sergeant Roberto Sousa to
the Detective Bureau effective August 21, 2005. With this
reassignment, Sergeant Sousa will be eligible for the $175.00
per month Premium Pay.
It was moved by Gonzales, seconded by Ybarra, that the
matters on the Consent Calendar, as recommended, be approved and
adopted. Motion carried.
RESOLUTION NO. 8839 - A Resolution of the City Council
of the City of Vernon Authorizing Gloria J. Orosco, Special
Assistant to the City Administrator, to Execute Documents
Relating to Case Nos. BC 331516 and BS 095763 on Behalf of the
City, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8839 be approved and adopted. Motion carried.
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Regular City Council Meeting Agenda
September 7, 2005
RESOLUTION NO. 8840 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Access Agreement By and Between the City of Vernon and
Matheson Tri-Gas, Inc. Regarding Property at 4855 East 52nd Place
in the City of Vernon, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8840 be approved and adopted. Motion carried.
RESOLUTION NO. 8841 - A Resolution of the City Council
of the City of Vernon (i) Approving and Authorizing the Acting
Director of Light & Power, the City Attorney and the Acting
Finance Director to Enter into Various Contracts for the
Purchase and Sale of Electric Energy and Natural Gas By and
Between the City and Vendor(s) for periods from One Day to
Fifteen Years; and (ii) Authorizing the Issuance of Request for
Proposal for the Purchase and/or Sale of Electric Energy and
Natural Gas, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8841 be approved and adopted. Motion carried.
RESOLUTION NO. 8842 - A Resolution of the City Council
of the City of Vernon Appointing Manuel Garcia to the Position
of Assistant Finance Director, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8842 be approved and adopted. Motion carried.
RESOLUTION NO. 8843 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Three Listing Agreements By and Between the City of Vernon and
Cushman & Wakefield, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8843 be approved and adopted. Motion carried.
RESOLUTION NO. 8844 - A Resolution of the City Council
of the City of Vernon Accepting the Revised Bid of Robison-
Prezioso, Inc. for Reservoir 2-1 Roof Improvement in Accordance
with Contract No. 595 of the City of Vernon and Approving the
Execution of a Contract, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8844 be approved and adopted. Motion carried.
RESOLUTION NO. 8845 - 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 Los
Angeles County Flood Control District Regarding Trash Excluders
in the City of Vernon, was read by title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 8845 be approved and adopted. Motion carried.
RESOLUTION NO. 8846 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Services Agreement By and Between the City of Vernon and
Infrastructure Engineering Corporation for the Preparation of an
Urban Water Management Plan, was read by title.
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Regular City Council Meeting Agenda
September 7, 2005
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8846 be approved and adopted. Motion carried.
RESOLUTION NO. 8847 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Two to Consulting Services Agreement By and
Between the City of Vernon and Melvyn Green and Associates,
Inc., was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8847 be approved and adopted. Motion carried.
RESOLUTION NO. 8848 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Termination
of an Equipment Purchase Contract with Comserco, Inc. Approved
by Resolution No. 8579, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8848 be approved and adopted. Motion carried.
RESOLUTION NO. 8849 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Actions Taken
Regarding the Extension of the City's Commercial Builder's Risk
Policy Through Arthur J. Gallagher & Co., was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8849 be approved and adopted. Motion carried.
RESOLUTION NO. 8850 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Standard Offer, Agreement and Escrow Instructions for Purchase
Of Real Estate By and Between the City of Vernon and Dynamic
Builders for Property Located at 4900 Bandini Boulevard, was
read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8850 be approved and adopted. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 138 covering claims and demands presented during the period
of August 11 through August 31, 2005, drawn on Bank of America
totaling $6,997,024.97, which includes Demand Nos. 501870
through 501927 (inclusive), and also excluding Void Demand Nos.
as listed below. (Accounting period September 2005):
501874 501889 through 501894
. It was moved by Gonzales, seconded by Ybarra, that the
Light & Power of the City of Vernon Warrant Register No. 138 be
approved and payment for claims and demands totaling
$6,997,024.97. 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.
The City Attorney announced that now was the time to
go into closed session.
It was moved by Ybarra, seconded by Gonzales, that the
City Council go into closed session, the time being 5:28 p.m.
Motion carried.
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Regular City Council Meeting Agenda
September 7, 2005
Everyone was excluded from closed session with the
exception of the Acting Director of Light & Power, 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 ordered all communications to and from
closed session deemed privileged and confidential.
The Acting Director of Light & Power was excused from
closed session at 5:33 p.m.
It was moved by Ybarra, seconded by McCormick, that
the City Council go out of closed session and resume regular
session, the time being 5:55 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding DEPARTMENT(S)
REORGANIZATION pursuant to Government Code 54957 and that
authority was granted to the Acting Director of Light & Power to
initiate the re -organization of said department.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding
existing litigation cases, LASC No.BC 331516 and LASC No.
BS095763 pursuant to subdivision (a) of Government Code §
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 five
potential cases of significant litigation pursuant to
subdivision (b) of Government Code § 54956.9 and that authority
was granted to the City Attorney to reject the claim submitted
by Mr. Osorio, to accept the claim submitted by the California
Highway Patrol, and that no action was taken on the three
remaining cases.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted to the City Attorney to prepare a
Resolution congratulating the Former City Administrator on his
retirement. Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Gonzales, that the meeting be adjourned, the time being 5:57
p.m. Motion carried.
ATTEST:
B e . Malkenhorst, r.
Acting City Clerk
tis C. lburg
Mayor
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