20051207 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD DECEMBER 7, 2005, AT 5:02 P.M.
IN THE COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales
MEMBERS ABSENT: Davis, McCormick
It was moved by Gonzales, seconded by Ybarra, that the
Minutes of the Special City Council Meeting held November 9,
2005, be approved and adopted as submitted. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held November 16,
2005, be approved and adopted as submitted. Motion carried.
The City Attorney announced that now was the time to
present the Service Pins for the month of November.
Robin Tolmasoff Sr. Administrative Assistant 15 Years
Ben Busse Police Sergeant 15 Years
The above listed employees were unable to attend the
meeting. The Service Pins were accepted by their respective
department heads.
RESOLUTION NO. 8912 - A Resolution of the City Council
of the City of Vernon Commending Daniel D. Simon for His Many
Years of Service to the City of Vernon, was read by title.
The Mayor presented Resolution No. 8912 to Daniel D.
Simon and extended congratulations on behalf of the City Council.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8912 be approved and adopted. Motion carried.
The City Attorney announced that now was the time to
present the 2005 Solid Waste Alternative Program (SWAP) Awards to
the businesses that have significantly contributed to the City's
success in meeting its 50% waste diversion goal.
The Director of Environmental Health, Lewiz Pozzebon,
summarized the details related to this matter, provided a slide
presentation, and introduced the recipients.
The Mayor presented the 2005 Solid Waste Alternative
Program (SWAP) Awards to the businesses that were present and
extended congratulations on behalf of the entire City Council.
Neptune Foods
Overhill Farms Plant #1
Overhill Farms Plant #2
Packaging Advantage Corp.
Packaging Corporation of America
Papa Cantellas
Pennzoil Products
Princess Paper, Inc.
Sara Lee
Superior Lithographics
Topnotch Foods, Inc.
Regular City Council Meeting Minutes
December 7, 2005
U.S. Fertilizer
United Food Group, Inc.
United Parcel Service
Whole Foods Distribution Center
Whole Foods Market Kitchen
Yonekyu
The following businesses were unable to attend the
meeting. The Director of Environmental Health advised that the
awards would be forwarded to them.
Los Angeles Carton Co., Inc.
Lucky Brand
National Sales Corp.
Pacer Furniture Manufacturing, Inc.
Paul Davril, Inc.
Randall Foods, Inc.
Rehrig Pacific Company
Ryerson Tull
The Mayor called a short recess at 5:22 p.m.
The City Council reconvened in regular session at 5:26
p.m., all members present before the recess again being present.
Fire Department Activity Report for the period
November 16th through November 30th, 2005, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period November 16th
through November 30th, 2005, be received and filed. Motion
carried.
Police Department Activity Log for the period
November 16th through November 30th, 2005, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
Police Department Activity Log for the period November 16th
through November 30th, 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 Council at this time.
There was no one 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 the adoption of an ordinance
amending Chapter 16, Article II, Section 16.20 of the City of
Vernon Municipal Code to prohibit the overnight parking of
commercial vehicles in the City of Vernon; and the adoption of a
Negative Declaration in accordance with the California
Environmental Quality Act determining that the proposed ordinance
will not have a significant effect on the environment
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December 7, 2005
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider the adoption of an ordinance
amending Chapter 16, Article II, Section 16.20 of the City of
Vernon Municipal Code to prohibit the overnight parking of
commercial vehicles in the City of Vernon; and the adoption of a
Negative Declaration in accordance with the California
Environmental Quality Act determining that the proposed ordinance
will not have a significant effect on the environment, the time
being 5:28 p.m. Motion carried.
The Director of the Community Services & Water
Department, Kevin Wilson, summarized the staff report on this
matter and recommended that the ordinance be approved.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
Mr. Guy Mile of Cargill Food Distribution introduced
himself, expressed the negative impact this ordinance would have
on his business as his company does all its shipping and
receiving at night, and asked that the City Council reconsider
this matter.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council on this matter.
There was no one else wishing to address the City
Council at this time.
It was moved by Gonzales, seconded by Ybarra, to close
the public hearing to consider the adoption of an ordinance
amending Chapter 16, Article II, Section 16.20 of the City of
Vernon Municipal Code to prohibit the overnight parking of
commercial vehicles in the City of Vernon; and the adoption of a
Negative Declaration in accordance with the California
Environmental Quality Act determining that the proposed ordinance
will not have a significant effect on the environment, the time
being 5:47 p.m. Motion carried.
ORDINANCE NO. 1112 - An Ordinance of the City Council
of the City of Vernon Amending Article II of Chapter 16 of the
Code of the City of Vernon, California, 1959, by Adding Section
16.20-1 to Said Code Regarding Overnight Parking of Commercial
Vehicles and Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith, was read by title for a first reading.
Ayes: Malburg, Ybarra, Gonzales
Noes: None
Abstained: None
Absent: Davis, McCormick
It was moved by Ybarra, seconded by Gonzales, that
Ordinance No. 1112 be approved for a first reading. Motion
carried.
The City Attorney announced that now was the time to
open the public hearing to consider evidence to establish
Vernon's new Transmission Revenue Balancing Account Adjustment
for its high voltage (over 200 kV) transmission facilities and
entitlements (all located outside the City) pursuant to Vernon's
Transmission Owner Tariff.
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December 7, 2005
It was moved by Ybarra, seconded by Gonzales, to open
the public hearing to consider evidence to establish Vernon's new
Transmission Revenue Balancing Account Adjustment for its high
voltage (over 200 kV) transmission facilities and entitlements
(all located outside the City) pursuant to Vernon's Transmission
Owner Tariff, the time being 5:48 p.m. Motion carried.
The Engineering & Operations Manager, Jorge Somoano,
briefly summarized this matter.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
There was no one wishing to address the City Council at
this time.
It was moved by Gonzales, seconded by Ybarra, to close
the public hearing to consider evidence to establish Vernon's new
Transmission Revenue Balancing Account Adjustment for its high
voltage (over 200 kV) transmission facilities and entitlements
(all located outside the City) pursuant to Vernon's Transmission
Owner Tariff, the time being 5:51 p.m. Motion carried.
RESOLUTION NO. 8913 - A Resolution of the City Council
of the City of Vernon Establishing the Transmission Revenue
Balancing Account Adjustment in Accordance with Vernon's
Transmission Owner Tariff and Providing for Tariff Sheet Changes
to Implement the Adjustment, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8913 be approved and adopted. Motion carried.
The City Attorney announced that now was the time to
open the public hearing to obtain testimony from affected and/or
interested persons regarding the City of Vernon's Urban Water
Management Plan.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to obtain testimony from affected and/or
interested persons regarding the City of Vernon's Urban Water
Management Plan, the time being 5:52 p.m. Motion carried.
The Director of the Community Services & Water
Department, Kevin Wilson, summarized the staff report on this
matter.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
There was no one wishing to address the City Council at
this time.
It was moved by Gonzales, seconded by Ybarra, to close
the public hearing to obtain testimony from affected and/or
interested persons regarding the City of Vernon's Urban Water
Management Plan, the time being 5:59 p.m. Motion carried.
RESOLUTION NO. 8914 - A Resolution of the City Council
of the City of Vernon Approving and Adopting the City of Vernon
2005 Urban Water Management Plan, was read by title.
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It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8914 be approved and adopted. Motion carried.
RESOLUTION NO. 8904 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Administrative Services By and Between the City
of Vernon and United Concordia Companies, Inc. for Administration
of Dental Benefits (deferred from last meeting), was read by
title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8904 be approved and adopted. Motion carried.
The Consent Calendar was presented.
Community Services & Water Department
1. Request for authority for personnel to attend the following:
• "California Building Officials' Postdisaster Safety
Assessment Evaluator Training"
Fire Department
2. Ratification for attendance of the following:
• "Hazmat Specialist Upgrade Training - Modules 1F & 1G"
Information Technology
3. Request to issue a purchase order to Minisoft Inc. in the
amount of $4,500.00 for a non -expiring software license.
4. Request to issue a purchase order to MX Logic in the amount
of $3,507.84 for a one-year email protection service package.
Light & Power Department
5. Ratification of City of Vernon Requisitions from 2004 Series
C Construction Fund covering claims and demands presented during
the period of November 10 through November 30, 2005, drawn on the
Bank of New York Trust Company, N.A. totaling $908,353.85, which
includes Requisition Nos. 313 through 324 (inclusive).
6. Ratification of City of Vernon Requisitions from Light &
Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of November 10 through
November 30, 2005, drawn on The Bank of New York Trust Company,
N.A. totaling $374,783.12, which includes Requisition Nos. CE192
through CE195 (inclusive).
Police Department
7. Request for authority for personnel to attend the following:
• "California Police Chiefs' Association Conference"
Risk Management
8. Ratification for attendance of the following:
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• "Basic Workers' Compensation Seminar"
Treasurer's Department
9. Ratification of City of Vernon Requisitions from General
Custody Escrow Account No. 800455 covering claims and demands
presented during the period of February 24 through November 30,
2005, drawn on The Bank of New York Trust Company, N.A. totaling
$15,350,956.16, which includes Requisition Nos. GCE001 through
GCE004 (inclusive).
10. Warrant Register No. 1179 covering claims and demands
presented during the period of November 10 through November 30,
2005, drawn on Bank of America totaling $3,428,899.62, which
includes Demand Nos. 308748 through 308992 (inclusive), excluding
Void Demand Nos. as listed below. (Accounting period December
2005):
308788, 308802, 308828 through 308839
Finance Committee
11. Ratification of the execution of Work Authorization No.
PM6C-05-005-MGS to the Contract with Galliera Inc., dba Trico
Construction (Trico) in the amount of $157,425.77, utilizing
Contra Costa Electric, Inc. as the subcontractor.
Personnel Committee
12. Request for approval for Karina Rueda, Administrative
Assistant, to participate in the City's Tuition Reimbursement
Program.
13. Request to reclassify William Wilson, Code Enforcement
Inspector, Step 1, to Code Inspector, Step 2.
It was moved by Ybarra, seconded by Gonzales, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
RESOLUTION NO. 8915 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Market Risk
Mitigation Policy for the City of Vernon, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8915 be approved and adopted. Motion carried.
RESOLUTION NO. 8916 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Credit Risk &
Counterparty Control Policy for the City of Vernon, was read by
title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8916 be approved and adopted. Motion carried.
RESOLUTION NO. 8917 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Two to Consulting Agreement By and Between the
City of Vernon, Joseph E. Furnish and Lake Street Associates,
Inc., was read by title.
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It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8917 be approved and adopted. Motion carried.
RESOLUTION NO. 8918 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. One to Emission Credit Brokerage and Custodian
Services Agreement By and Between the City of Vernon and
Evolution Markets LLC, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8918 be approved and adopted. Motion carried.
RESOLUTION NO. 8919 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase and Professional Services Contract By and
Between the City of Vernon and Galliera Inc. dba Trico
Construction and Ratifying the Authorization to Proceed for the
Vernon Substation West Switchgear Room, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8919 be approved and adopted. Motion carried.
RESOLUTION NO. 8920 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Standard Offer, Agreement and Escrow Instructions for Purchase
of Real Estate and Addendum By and Between the City of Vernon and
Fashion Incubator LLC for Property Located at 3375 E. Slauson
Avenue, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8920 be approved and adopted. Motion carried.
RESOLUTION NO. 8921 - A Resolution of the City Council
of the City of Vernon Declaring its Intent to Withdraw from the
ICRMA and Form a Joint Powers Authority with the City of Bell,
Authorizing and Approving Certain Documents in Connection with
the Creation and Implementation of the Authority and Authorizing
Certain other Matters Relating Thereto, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8921 be approved and adopted. Motion carried.
The City Attorney advised that the following resolution
should be deferred to the next meeting.
RESOLUTION NO. 8922 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Administrative Services Agreement By and Between the City of
Vernon and United of Omaha Life Insurance Company
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8922 be deferred to the next meeting. Motion
carried.
The City Attorney advised that the following resolution
be deferred to the next meeting.
RESOLUTION NO. 8923 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Added Facilities Agreement By and Between the City of Vernon
and Rehrig Pacific, Inc.
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It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8923 be deferred to the next meeting. Motion
carried.
RESOLUTION NO. 8924 - A Resolution of the City Council
of the City of Vernon Authorizing the Filing of Lawsuits
Challenging the NPDES Basin Plan/Triennial Review and Authorizing
the City to do All Other Actions Deemed Necessary or Advisable
Concerning the Lawsuits, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8924 be approved and adopted. Motion carried.
RESOLUTION NO. 8925 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Participation Agreement By and Between the City of Vernon and the
Glendora Police Department Regarding the Avoid the 40 Los Angeles
County DUI Task Force Project, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8925 be approved and adopted. Motion carried.
RESOLUTION NO. 8926 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Four to Maintenance Agreement By and Between the
City of Vernon and VCI Telcom, Inc., was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8926 be approved and adopted. Motion carried.
RESOLUTION NO. 8927 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Phase I ERC
Purchases for the Vernon Power Plant Project, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8927 be approved and adopted. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 144 covering claims and demands presented during the period
of November 10 through November 30, 2005, drawn on Bank of
America totaling $6,571,579.58, which includes Demand Nos. 502186
through 502256 (inclusive), and also excluding Void Demand Nos.
as listed below. (Accounting period December 2005), was
presented.
502187, 502198 through 502206
It was moved by Ybarra, seconded by Gonzales, that the
Light & Power of the City of Vernon Warrant Register No. 144 be
approved and payment authorized for claims and demands totaling
$6,571,579.58. 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
Council go into closed session, the time being 6:16 p.m. Motion
carried.
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Everyone was excluded from closed session with the
exception of the Director of Community Services & Water, the
Acting City Clerk, the City Attorney, the Chief Assistant City
Attorney, the Chief Deputy City Attorney and outside Legal
Counsel for the City.
The Mayor ordered all communications to and from closed
session deemed privileged and confidential.
The Director of Community Services & Water was excused
from closed session at 6:25 p.m.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go out of closed session and resume regular session,
the time being 6:37 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding a matter of (a) Employee
Discipline/Dismissal/Release and (b) Employee Performance
Evaluation pursuant to Government Code Section 54957, and that
direction was given to the Director of Community Services & Water
and the Acting City Clerk respectively.
It was reported out that the City Council had a
conference in closed session with legal counsel with respect to
existing litigation case LASC No. 043870 pursuant to subdivision
(a) of Government Code Section 54956.9 and that authority was
granted to the City Attorney to settle the matter with Burton
Brooks.
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 pursuant to subdivision (b) of
Government Code Section 54956.9 and that authority was granted to
the City Attorney to deny the claim submitted by Ms. M.E. Paul.
There being no further business to come before the City
Council at this time, it was moved by Gonzales, seconded by
Ybarra, that the meeting be adjourned, the time being 6:37 p.m.
Motion carried.
ATTES'3r:/
r
Bruce V
AcLna .�
Malkenhorst, Jr.
ty Clerk
�Leonis C. Malburg
Mayor
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