20051102 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD NOVEMBER 2, 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 a correction is
necessary on item no. 3 of the Consent Calendar to correct the
amount from $6,950.00 to $5,200.00
It was moved by Gonzales, seconded by Ybarra, thatthe
Minutes of the Regular City Council Meeting held October 19,
2005, be approved and adopted as submitted. Motion carried.
The following Proclamations were presented by the
Mayor and congratulations were extended on behalf of the City
Council:
A Proclamation of the Mayor and the City Council of
the City of Vernon Commending Kenneth Jackson in Recognition of
the Help and Assistance he Rendered at the Scene of a Fatal
Traffic Accident
A Proclamation of the Mayor and the City Council of
the City of Vernon Commending Jeff Wightman in Recognition of
the Help and Assistance he Rendered at the Scene of a Fatal
Traffic Accident
A Proclamation of the Mayor and the City Council of
the City of Vernon Commending and Honoring Susan Williams -
Guerra, Public Affairs Manager of the Southern California Gas
Company, in Recognition of her Service and Support of the Vernon
Community
ACKNOWLEDGEMENT of the issuance of the following
proclamations prior to the City Council Meeting:
A Proclamation of the Mayor and the City Council of
the City of Vernon Declaring October 21, 2005 as "Chen Yaoguang
Day" to Honor his Visit to the City of Vernon on Said Day
A Proclamation of the Mayor and the City Council of
the City of Vernon Commending and Honoring Bernard J. Clougherty
in Recognition of his Service and Support of the Vernon
Community Over the Past 34 Years
Fire Department Activity Report for the period October
16th through 31st, 2005, was presented.
It was moved by Davis, seconded by McCormick, that the
Fire Department Activity Report for the period October 16th
through 31St, 2005, be received and filed. Motion carried.
Regular City Council Meeting Minutes
November 2, 2005
Police Department Activity Log for the period
October 16th through 31st, 2005, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period October 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.
The Mayor asked if there was anyone in the audience
who wished to address the City Council at this time.
There was no one in the audience who wished to address
the City Council at this time.
The City Attorney announced that now was the time to
open the Public Hearing - to consider a variance application for
Seven For All Mankind, LLC located at 4440 26th Street in the
City of Vernon from Section 26.4.E-4(b) of the Comprehensive
Zoning Ordinance.
It was moved by McCormick, seconded by Ybarra, to open
the public hearing to consider a variance application for Seven
For All Mankind, LLC located at 4440 26th Street in the City of
Vernon from Section 26.4.E-4(b) of the Comprehensive Zoning
Ordinance, the time being 5:05 p.m. Motion carried.
The Director of Community Services & Water, Kevin
Wilson, summarized the staff report, provided a slide
presentation, and recommended that said variance application be
approved subject to the conditions related to this matter.
The Mayor asked if there were any questions regarding
this matter.
There were no questions at this time.
It was moved by Gonzales, seconded by McCormick, to
close the public hearing to consider a variance application for
Seven For All Mankind, LLC located at 4440 26th Street in the
City of Vernon from Section 26.4.E-4(b) of the Comprehensive
Zoning Ordinance, the time being 5:12 p.m. Motion carried.
RESOLUTION NO. 8879 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Seven For All
Mankind, LLC. From the Comprehensive Zoning Ordinance, for the
Property Located at 4440 26th Street in the City of Vernon, was
read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8879 be approved and adopted. Motion carried.
The City Attorney announced that now was the time to
open the public hearing to consider a conditional use permit for
Baker Commodities, Inc. to operate a recycled materials
processing facility at 3001 Sierra Pine Avenue in the City of
Vernon.
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Regular City Council Meeting Minutes
November 2, 2005
It was moved by Davis, seconded by Ybarra, to open the
public hearing to consider a conditional use permit for Baker
Commodities, Inc. to operate a recycled materials processing
facility at 3001 Sierra Pine Avenue in the City of Vernon, the
time being 5:12 p.m. Motion carried.
The Director of Community Services & Water, Kevin
Wilson, summarized the staff report and advised that the written
concerns received from SCAQMD on this matter will be fully
addressed in a written form and further advised that this matter
is in compliance with the City's Code and recommended that the
conditional use permit application from Baker Commodities, Inc.
be approved subject to the conditions related to this matter.
The Mayor asked if there was anyone in the audience
who wished to address the Council at this time.
Mr. Steve Freed introduced himself, addressed the City
Council, expressed that his attendance was to this meeting was
to ensure that the odor situation on this matter be identified
and addressed, and thanked the City Council for their time.
The Mayor asked if there was anyone else who wished to
address the City Council at this time on this matter.
There was no one else wishing to address the City
Council on this matter at this time.
It was moved by Gonzales, seconded by McCormick, to
close the public hearing consider a conditional use permit for
Baker Commodities, Inc. to operate a recycled materials
processing facility at 3001 Sierra Pine Avenue in the City of
Vernon, the time being 5:25 p.m. Motion carried.
RESOLUTION NO. 8880 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit to Baker
Commodities, Inc. for the Operation of a Recycled Materials
Processing Facility at 3001 Sierra Pine Avenue in City of
Vernon, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8880 be approved and adopted. Motion carried.
The City Attorney announced that now was the time to
open the public hearing to consider the termination of the Non-
exclusive Franchise for Solid Waste Management Services
Agreement between the City of Vernon and Klistoff & Sons, Inc.
It was moved by McCormick, seconded by Ybarra, to open
the public hearing to consider the termination of the Non-
exclusive Franchise for Solid Waste Management Services
Agreement between the City of Vernon and Klistoff & Sons, Inc.,
the time being 5:25 p.m. Motion carried.
The Director of Environmental Health, Lewis Pozzebon,
addressed the City Council, summarized this matter, and
recommended that said agreement be terminated.
The Mayor asked if there were any questions on this
matter at this time.
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Regular City Council Meeting Minutes
November 2, 2005
There were no questions at this time.
It was moved by Davis, seconded by Gonzales, to close
the public hearing to consider the termination of the Non-
exclusive Franchise for Solid Waste Management Services
Agreement between the City of Vernon and Klistoff & Sons, Inc.,
the time being 5:27 p.m. Motion carried.
RESOLUTION NO. 8883 - A Resolution of the City Council
of the City of Vernon Terminating the Non -Exclusive Solid Waste
Franchise Granted to Klistoff & Sons Disposal, Inc. aka Klistoff
& Sons, Inc. By the City of Vernon Pursuant to Resolution No.
7299, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8883 be approved and adopted. Motion carried.
The Consent Calendar was presented.
City Administration
1. Requesting authority for personnel to attend the following:
• "2005 City Clerks' New Law and Elections Seminar"
Community Services & Water Department
2. Ratification of the issuance of a purchase order to PIC
Environmental Services in the amount of $16,896.00 for a Phase I
and Phase II environmental site assessment for the property
located at 3200 Washington Boulevard.
3. Ratification of the issuance of a purchase order to DCA
Civil Engineering Group in the amount of $ $5,200.00 for
the performance of an ALTA survey for the property located at
3200 Washington Boulevard.
4. Ratification of the issuance of a purchase order to DCA
Civil Engineering Group in the amount of $11,600.00 for the
performance of an ALTA survey for the property located at 3200
Fruitland Avenue.
Fire Department
5. Requesting authority for personnel to attend the following:
• "Hazmat Technician Training Modules 1C and 1D"
• "California Training Officers' 2005 Fall Training
Symposium"
Light & Power Department
6. Ratification of the following Service Order Nos. to the
Calpine Power Services Agreement at a total cost of $160,470.00:
• Service Order No. Two in the amount of $78,232.00 for John
Dallas Smith
• Service Order No. Three in the amount of $60,909.00 for
Ervin Smith
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• Service Order No. Four in the amount of $14,014.00 for Ed
Wilsie
• Service Order No. Five in the amount of $7,315.00 for
Sharon Graves
7. Request for approval of Service Order No. Six to the
Calpine Power Services Agreement in the amount of $81,630.00 for
Ervin Patterson.
8. Ratification of City of Vernon Requisitions from 2004
Series C Construction Fund covering claims and demands presented
during the period of October 13 through October 26, 2005, drawn
on the Bank of New York Trust Company, N.A. totaling
$1,572,898.35, which includes Requisition Nos. 282 through 298
(inclusive) .
9. Ratification of City of Vernon Requisitions from Light &
Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of October 13 through
October 26, 2005, drawn on The Bank of New York Trust Company,
N.A. totaling $456,875.62, which includes Requisition Nos. CE177
through CE184 (inclusive), excluding Void Requisition No. CE179.
Treasurer's Department
10. Warrant Register No. 1177 covering claims and demands
presented during the period of October 13 through October 26,
2005, drawn on Bank of America totaling $1,000,557.33, which
includes Demand Nos. 308352 through 308539 (inclusive),
excluding Void Demand Nos. as listed below. (Accounting period
November 2005):
308400 through 308406
Finance Committee
11. Request to issue a purchase order to Mobile Equipment
Company for the training of crane operators at a weight of
14,999 lbs. or less at an amount of $3,717.00 (deferred from
last meeting).
12. Request to approve and execute Change Order No. Two to the
contract with Horizon Air Measurement Services, Inc. in the
amount of $9,311.00.
13. RESOLUTION NO. 8881 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Short Form IRU-02.3 Indefeasible Right of Use Agreement By and
Between the City of Vernon and Clougherty Packing Company for
Fiber Optic Program
14. Request to approve and execute Change Order No. One to the
contract with Commonwealth Associates, Inc. for a preliminary
System Impact Study for the Vernon Power Plant Project at a not -
to -exceed cost of $35,000.00.
15. RESOLUTION NO. 8886 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of One 2006 Chrysler
300 Touring Vehicle for the Police Department
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16. RESOLUTION NO. 8887 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of One 2006 Ford
Escape Hybrid Vehicles for the Health Department
17. Request to issue a purchase order to Lab Safety Supply at
an approximate amount of $4,009.50 for the purchase of nine
emergency showers with eyewashes to be placed at the City's
water well sites.
18. Request to issue a purchase order to U.S. Traffic
Corporation at an approximate amount of $9,038.88 for the
purchase of five 180 degree directional arrow boards to be used
by the Water Department.
19. Request to issue a purchase order to KR Nida Companies at
an approximate amount of $9,877.56 to upgrade the warning light
system on Fire Truck #161 from halogen lights to "LED" lights.
20. Request to issue a purchase order to Hertz Equipment at an
approximate amount of $9,920.82 for the purchase of one electric
self-propelled scissor lift to be used in place of a ladder or
scaffolding by the building maintenance, warehouse, and water
crews.
Personnel Committee
21. Request to grant Jason Tomlinson, Utilityman III, Step 2, a
merit step increase to Utilityman III, Step 1, with a new
monthly base salary of $3,750.00, effective November 27, 2005.
(Last increase November 28, 2004)
22. Request to grant Michael Langer, Fire Captain, Step 2, a
merit step increase to Fire Captain, Step 1, with a new monthly
base salary of $6785.00, effective November 27, 2005. (Last
increase November 28, 2004)
23. Request to grant Maria Alway, Sr. Dispatcher, Step 2, a
merit step increase to Sr. Dispatcher, Step 1, with a new
monthly base salary of $4,645.00, effective October 30, 2005.
(Last increase August 22, 2004)
24. Request to grant Jerry Chavez, Jr., Police Sergeant, step
2, a 6% incentive pay for acquiring the Advanced POST
Certificate. This is in accordance with Section 8 of the Fifth
Side Letter, and if approval is granted, it shall be effective
November 11, 2005.
25. Request to transfer Deborah Romero, Sr. Administrative
Assistant, Step 1, from the Light & Power Department to the
Legal Department with no change in salary, effective October 30,
2005.
26. Request for transfer and reclassification of Jesse
Palomarez, Utilityman III, Step 7, from the Community Services &
Water Department to the Light & Power Department as a Field
Crew, Step 8, with a monthly base salary of $3,486.00, effective
October 31, 2005.
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27. Request for transfer and reclassification of Fernando
Flores, Utilityman III, Step 4, from the Community Services &
Water Department to the Light & Power Department as a Field
Crew, Step 8, with a monthly base salary of $3,486.00, effective
October 31, 2005.
28. Request for transfer and reclassification of Allen Castro,
Assistant Coordinator I, Step 5, from the Light & Power
Department to the Fire Department as a Firefighter, Step 3, with
a new monthly base salary of $4,364.00, effective October 31,
2005.
It was moved by Gonzales, seconded by McCormick, that
the matters on the consent calendar, as recommended, be
approved. Motion carried.
RESOLUTION NO. 8882 - 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 MTGL,
Inc. for Special Inspection and Testing Services at Fire Station
No. 2, was read by title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 8882 be approved and adopted. Motion carried.
RESOLUTION NO. 8884 - A Resolution of the City Council
of the City of Vernon Authorizing the City Attorney to Identify
and Enter into a Contract with a Financial Institution to Act as
the Lead Banker, Financial Advisor and Underwriter for the
City's Vernon Power Plant, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8884 be approved and adopted. Motion carried.
RESOLUTION NO. 8885 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Maintenance of State Highway in the City of
Vernon By and Between the City of Vernon and the State of
California, Acting by and Through the Department of
Transportation for Traffic Signal Maintenance, was read by
title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8885 be approved and adopted. Motion carried.
RESOLUTION NO. 8889 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Payment and Reimbursement Agreement By and Between the City of
Vernon and the City of Bell Regarding Potential Property
Annexation, was ready by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8889 be approved and adopted. Motion carried.
RESOLUTION NO. 8890 - 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 Central Basin
Municipal Water District Regarding the Buying and Selling of
Recycled Water,.was read by title.
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It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8890 be approved and adopted. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 142 covering claims and demands presented during the period
of October 13 through October 26, 2005, drawn on Bank of America
totaling $7,591,048.28, which includes Demand Nos. 502072
through 502146 (inclusive), and also excluding Void Demand Nos.
as listed below. (Accounting period November 2005):
502080, 502087, 502088, 502099 through 502104
It was moved by Ybarra, seconded by McCormick, that
the Light & Power of the City of Vernon Warrant Register No. 142
be approved and payment authorized for claims and demands
totaling $7,591,048.28. 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 Gonzales, seconded by Ybarra, that the
City Council go into closed session, the time being 5:50 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Acting City Clerk Acting City Clerk, City
Attorney, Chief 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.
It was moved by Davis, seconded by Ybarra, to go out
of closed session and resume regular session, the time being
6:10 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session with legal counsel with respect to
pending litigation case LASC Case NO. 331516 and no action was
taken.
It was reported out that the City Council had a
conference in closed session with legal counsel with respect to
one item of anticipated litigation and that the City Council
gave authorization to execute a Waiver of Conflict for the Law
Firm of Albright, Yee & Schmit.
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 6:12
p.m. Motion carried.
Leoni s C . Ma1burg
Mayor
ATTEST:
Bruce V. Malkenhorst, Jr.
Acting City Clerk
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