20060118 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD JANUARY 18, 2006, 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 request to authorize
the retention of Bell, McAndrews & Hiltachk, LLP, which required
immediate action, was brought to his attention after the agenda
was posted, and asked that a vote be taken to add Resolution No.
8953 to tonight's agenda.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8953 be added to the agenda. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
It was moved by Gonzales, seconded by Davis, that the
Minutes of the Adjourned City Council Meeting held January 4,
2006, be approved and adopted as submitted. Motion carried.
The Mayor presented awards to the following faculty
members and students from the Vernon Elementary School for their
participation in the City's "Used Oil Recycling Calendar
Contest."
The Director of Environmental Health addressed the
audience, welcomed the students, parents and teachers involved in
the contest, and thanked them for their support of this program.
Faculty Appreciation Awards:
• Mrs. Santa Cruz (accepted by the principal)
• Mr. Yamaguchi
• Principal Almeda-Higgins
Honorable Mention Award Winners:
• Iker Angel
• Luis Barraza
• Stephany Carrillo
• Marcos Cruz
• Jonathan Gonzalez
• Perla Medina
• Anthony Moreno
• Aleida Paez
• Daniel Saldana
Second Prize Winner: Jocelyne Higareda
First Prize Winner: Blanca Prieto
Grand Prize Winner: Omar Moral
Regular City Council Meeting Minutes
January 18, 2006
The Mayor presented Framed Calendar Posters to
businesses providing Platinum, Gold and Silver Sponsorships for
the "Used Oil Recycling Calendar Contest."
Silver Sponsors:
• U.S. Growers (Angelo Antoci)
• Exide Techonologies (Marie Fremd)
Gold Sponsors:
• Innovative Waste (Harold Arsenian)
• Asbury Environmental Services/D-K Environmental
(Joseph Balfour)
• Exxon Mobil (Joseph Moorer)
• Master Foods USA (Judy Scayes)
Platinum Sponsor: Baker Commodities, Inc.
The Mayor called a short recess at 5:15 p.m.
The City Council reconvened in regular session at 5:21
p.m., all members present before the recess again being present.
The Mayor presented Perfect Attendance Awards for the
month of December to the following employees who were in
attendance:
NAME
Sharon Duckworth
Claudia Luna
Alice Saldana
Gustavo Herrera
Nicholas Perez
Yin Lan Wang
Todd Schoenig
Carlos Gudino
JOB TITLE
D.O.H.
YEARS
City Treasurer
02/01/79
2
Account Clerk
05/06/02
3
Administrative Assistant
01/24/82
3
Police Officer
12/04/00
5
Police Officer
12/04/00
5
Accountant
10/29/90
7
Fire Engineer
01/07/91
8
Utilityman IV
12/11/94
11
The below listed employees were unable to attend the
meeting and their awards will be forwarded to them.
NAME
JOB TITLE
Viet Nguyen
Operations Manager
Victor Vasquez, Sr.
Meter Reader
Jason Tomlinson
Utilityman III
Stephanie Johnson
Records Clerk
Frank Quinones
Firefighter
Sergio Rodriguez
Financial Resource Manager
Maria Garcia
Police Officer
Daniel Garcia
Power & Gas Procurement Mgr
Brian Montoya
Lead Meter Reader
Dean Richens
Fire Engineer
Michael Rogers
Fire Engineer
Jeffrey James
Fire Engineer
Rory Moore
Fire Captain
Steven Coster
Fire Engineer
D.O.H.
YEARS
12/15/03
2
01/10/91
2
12/02/02
3
12/02/01
4
12/03/01
4
04/01/84
4
01/25/99
6
12/01/97
7
03/16/92
8
09/18/89
8
02/26/90
11
01/07/91
12
06/26/89
12
02/26/90
14
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Regular City Council Meeting Minutes
January 18, 2006
The Mayor called a short recess at 5:25 p.m.
The City Council reconvened in regular session at 5:27
p.m., all members present before the recess again being present.
Fire Department Activity Report for the period
January 1st through January 15th, 2006, was presented.
It was moved by Ybarra, seconded by McCormick, that the
Fire Department Activity Report for the period January 1st through
January 15th, 2006, be received and filed. Motion carried.
Police Department Activity Log for the period
January 1st through January 15th, 2006, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period January 1st through
January 15th, 2006, be received and filed. Motion carried.
Health Department Report for the month of December
2005, was presented.
It was moved by McCormick, seconded by Ybarra, that the
Health Department Report for the month of December 2005, be
received and filed. Motion carried.
Risk Management Report for the month of December 2005,
was presented.
It was moved by Davis, seconded by Gonzales, that the
Risk Management Report for the month of December 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 Council at this
time.
The City Attorney announced that now was the time to
open the public hearing to consider a conditional use permit
application from Dynamic Builders to operate a commercial retail
facility at 2529 Santa Fe Avenue.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider a conditional use permit
application from Dynamic Builders to operate a commercial retail
facility at 2529 Santa Fe Avenue, the time being 5:29 p.m.
Motion carried.
The Director of Community Services & Water summarized
the staff report respecting this matter and recommended that the
conditional use permit be approved subject to the conditions
submitted. He further advised that the department received a
letter from Blatt 2454, L.L.C. stating parking concerns
respecting this matter and that a response letter was mailed out
addressing said concerns.
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Regular City Council Meeting Minutes
January 18, 2006
The Mayor asked if there was anyone in the audience who
wished to address the Council on this matter.
Mr. Barry Segal, the architect representing Dynamic
Builders, addressed the City Council, expressed his concern with
condition "x" of the staff report, and requested that the City
Council consider continuing the public hearing at the next City
Council meeting to reconsider condition "x".
The Mayor asked if there was anyone else who wished to
address the City Council at this time.
There was no one wishing to address the Council on this
matter at this time.
It was moved by McCormick, seconded by Ybarra, that the
public hearing to consider a conditional use permit application
from Dynamic Builders to operate a commercial retail facility at
2529 Santa Fe Avenue be continued at the next meeting, and that
Resolution No. 8946 be deferred to the next meeting, the time
being 5:40 p.m. Motion carried.
RESOLUTION NO. 8946 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit for
Dynamic Builders to Operate a Retail/Commercial Restaurant
Facility Located at 2529 Santa Fe Avenue
The Consent Calendar was presented.
Consent Calendar
Community Services & Water Department
Request to approve and execute Change Order No. Two to the
contract with West Coast Arborists in the amount of $900.00 to
prune trees at Fire Station 3 and remove a tree at Well 19.
Request to extend the Traffic Signal Maintenance Contract with
Republic Electric for a term of one year for the inspection and
maintenance of traffic signals in the City.
Health Department
Requesting authority for personnel to attend the following:
• "California Certified Unified Program Conference"
Light & Power Department
Ratification of City of Vernon Requisitions from 2004 Series C
Construction Fund covering claims and demands presented during
the period of December 29, 2005 through January 11, 2006, drawn
on the Bank of New York Trust Company, N.A. totaling $354,705.60,
which includes Requisition Nos. 338 through 340 (inclusive).
Ratification of City of Vernon Requisitions from Light & Power
Custody Escrow Account No. 800452 covering claims and demands
presented during the period of December 29, 2005 through January
11, 2006, drawn on The Bank of New York Trust Company, N.A.
totaling $650,873.64, which includes Requisition Nos. CE204
through CE211 (inclusive).
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Regular City Council Meeting Minutes
January 18, 2006
Police Department
Requesting authority for personnel to attend the following:
• "Independent Cities Association Seminar"
• "California Association for Property and Evidence
2006 Conference"
Treasurer's Department
Requesting authority for personnel to attend the following:
• "Front to Back Office: Trading Controls and Best
Practices"
• "Value -at -Risk: The Basics"
• "California Society of Municipal Finance Officers
2006 Annual Conference"
Ratification of City of Vernon Requisitions from General Custody
Escrow Account No. 800455 covering claims and demands presented
during the period of December 15, 2005 through January 11, 2006,
drawn on The Bank of New York Trust Company, N.A. totaling
$37,229.47, which includes Requisition Nos. GCE006 through GCE006
(inclusive).
Warrant Register No. 1182 covering claims and demands presented
during the period of December 29, 2005 through January 11, 2006,
drawn on Bank of America totaling $1,046,321.24, which includes
Demand Nos. 309372 through 309527 (inclusive), excluding Void
Demand Nos. as listed below. (Accounting period January 2006):
309401, 309404 through 309409
Payroll Warrant Register No. 595 covering claims and demands
presented during the period of November 13 through December 10,
2005, drawn on Bank of America totaling $2,325,143.75, which
includes Demand Nos. 8912 through 8925 (inclusive), with no
voids. (Accounting period December 2005)
Finance Committee
Ratification of the execution of Work Authorization No. PM6D-05-
005-MGS to the contract with Galliera Inc., dba Trico
Construction (Trico) in the amount of $23,200.41.
Request to approve and execute Change Order No. One to the
contract with CH2Mhill in the amount of 32,420.00 for a security
vulnerability assessment of the Malburg Generating Station.
RESOLUTION NO. 8941 - A Resolution of the City Council of the
City of Vernon Authorizing the Sale of Surplus Property from the
Following Departments: City Administration/City Clerk
(Finance/Health), Community Services & Water, Fire, Light & Power
and Police Pursuant to Section 2.31 of the Vernon City Code
End of Consent Calendar
It was moved by McCormick, seconded by Davis, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
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Regular City Council Meeting Minutes
January 18, 2006
RESOLUTION NO. 8945 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Joint Representation and Waiver of Conflict Letter By and
Between the City of Vernon and Loeb & Loeb, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8945 be approved and adopted. Motion carried.
RESOLUTION NO. 8947 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Representation and Waiver of Conflict Letter By and Between the
City of Vernon and Arnold & Porter LLP, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8947 be approved and adopted. Motion carried.
RESOLUTION NO. 8948 - 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., was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8948 be approved and adopted. Motion carried.
RESOLUTION NO. 8949 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Haz Mat Vehicle Purchase Contract By and Between the City of
Vernon and SVI Trucks, a Division of Super Vacuum Manufacturing
Co., Inc., was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8949 be approved and adopted. Motion carried.
The City Attorney advised that Resolution No. 8950
should be deferred to the next meeting.
RESOLUTION NO. 8950 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a California Refund Claims Joint Defense Confidentiality
Agreement Among Various Participants in FERC Docket Nos. E100-95,
et al.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8950 be deferred to the next meeting. Motion
carried.
RESOLUTION NO. 8951 - 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 Power System Analysis, was read by title.
Councilman Davis asked what Hampton Tedder's
involvement is in this matter.
The Director of Light & Power clarified this matter.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8951 be approved and adopted. Motion carried.
RESOLUTION NO. 8952 - A Resolution of the City Council
of the City of Vernon in Opposition to Senate Bill 411 (Alarcon)
as Amended January 4, 2006, was read by title.
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Regular City Council Meeting Minutes
January 18, 2006
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8952 be approved and adopted. Motion carried.
RESOLUTION NO. 8953 - A Resolution of the City Council
of the City of Vernon Authorizing the Retention of Bell,
McAndrews, Hiltachk, LLP and Authorizing the City to do all
Actions Deemed Necessary or Advisable Concerning Said Retention,
was read by title.
It was moved by Gonzales, seconded Davis, that
Resolution No. 8953 be approved and adopted. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 147 covering claims and demands presented during the period
of December 29, 2005 through January 11, 2006, drawn on Bank of
America totaling $4,622,542.05, which includes Demand Nos. 502362
through 502402 (inclusive), excluding Void Demand Nos. as listed
below. (Accounting period January 2006), was presented.
502371 through 502376
It was moved by Ybarra, seconded by McCormick, that the
Light & Power of the City of Vernon Warrant Register No. 147 be
approved and payment authorized for claims and demands totaling
$4,622,542.05. 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 6:00 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Acting City Clerk, the City Attorney, members of
the City Attorney's Office, and outside Legal Counsel.
The Mayor ordered all 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 6:05 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session with regards to one potential case
of Significant Exposure to Litigation pursuant to subdivision (b)
of Government Code § 54956.9 and rejected the untimely claim
submitted by the State of California.
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Regular City Council Meeting Minutes
January 18, 2006
There being no further 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 6:05 p.m.
Motion carried.
ATTEST:
Bruc V. alkenhorst, Jr.
Acting City Clerk
._beonis C. M lburg
Mayor
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