20060322 Regular City Council Meeting - MinutesMINUTES OF THE RESCHEDULED REGULAR
CITY COUNCIL MEETING OF THE CITY OF VERNON
HELD MARCH 22, 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, McCormick
MEMBERS ABSENT: Davis
The meeting was called to order by Mayor Malburg.
The City Attorney advised that a request to approve and
authorize the execution of a Professional Services Agreement with
R.W. Beck, Inc. for consulting services relating to the City's
electric system was brought to the Acting City Clerk's attention
after the agenda was posted and asked that a vote be taken to add
Resolution No. 8996 to tonight's agenda.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8996 be added to tonight's agenda. Motion
carried.
Ayes: Malburg, Ybarra, Gonzales, McCormick
Noes: None
Absent: Davis
Abstained: None
It was moved by McCormick, seconded by Ybarra, that the
Minutes of the Regular City Council Meeting held March 1, 2006,
be approved and adopted as submitted.
The City Attorney advised that the Perfect Attendance
Award recipients for the month of February were unable to attend
the meeting and their awards will be forwarded to them.
NAME
JOB TITLE
D.O.H.
YEARS
Albert Oliva
Utilityman
02/24/04
2
Stephen Agon
Fire Captain
08/17/87
8
Douglas Barker
Firefighter
11/02/92
8
Maria Gonzalez
Records Clerk
02/23/98
8
Antonio Lopez
Electronics Technician
02/17/98
8
John Doersam
Firefighter
02/26/90
16
Fire Department Activity
Report for the period
March 1st through March 15th, 2006, was presented.
It was moved by Gonzales,
seconded by McCormick, that
the Fire Department
Activity Report
for the period March
1st
through March 15th,
2006, be received and filed. Motion
carried.
Police Department Activity Log for the period
March 1st through March 15th, 2006, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period March 1st
through March 15th, 2006, be received and filed. Motion carried.
Health Department Report for the month of February
2006, was presented.
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
It was moved by Ybarra, seconded by McCormick, that the
Health Department Report for the month of February 2006, be
received and filed. Motion carried.
Risk Management Report for the month of February 2006,
was presented.
It was moved by Gonzales, seconded by Ybarra, that the
Risk Management Report for the month of February 2006, 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 wishing to address the City Council at
this time.
The City Attorney advised that the following ordinance
should be removed from the agenda.
ORDINANCE NO. 1115 - An Ordinance of the City Council
of the City of Vernon Amending Sections 25.104(c) and 25.105(d)
of Article VI to Chapter 25 of the Code of the City of Vernon,
California, 1959, Relating to Water Conservation Restrictions
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 1115 be removed from the agenda and no action be
taken at this time. Motion carried.
ORDINANCE NO. 1116 - An Ordinance of the City Council
of the City of Vernon Amending Ordinance No. 1114 Which Placed a
Moratorium on the Establishment and/or Construction of any Office
Use Over 10,000 Square Feet, or any Retail Use, Commercial Use,
or Residential Use in the M-Zone and M-2 Zone and the
Establishment and/or Construction of any Office Use Over 10,000
Square Feet or any Residential Use in the C-M Zone, Declaring the
Urgency Thereof and a Basis for Said Ordinance to Take Effect
Immediately, and Repealing All Ordinances or Parts of Ordinances
in Conflict Therewith, was read by title for a first and final
reading.
It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 1116 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, McCormick
Noes: None
Absent: Davis
Abstained: None
ORDINANCE NO. 1117 - An Ordinance of the City Council
of the City of Vernon Repealing Ordinance No. 1113 which
Established a Date for the Installation of Newly Elected Officers
and Declaring that Said Ordinance Shall Take Effect Immediately,
was read by title for a first and final reading.
Page 2 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
It was moved by Ybarra, seconded by Gonzales, that
Ordinance No. 1117 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, McCormick
Noes: None
Absent: Davis
Abstained: None
The City Attorney announced that now was the time to
open the public hearing to consider: (1) the City's intention to
vacate a section of 50th Street from Seville Avenue to Soto
Street; and (2) the adoption of a Negative Declaration
determining that the proposed street vacation will not have a
significant effect on the environment.
It was moved by Gonzales, seconded by McCormick, to
open the public hearing to consider: (1) the City's intention to
vacate a section of 50th Street from Seville Avenue to Soto
Street; and (2) the adoption of a Negative Declaration
determining that the proposed street vacation will not have a
significant effect on the environment, the time being 5:04 p.m.
Motion carried.
The Director of Community Services & Water addressed
the City Council and provided them with a summary of 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 on
this matter.
It was moved by McCormick, seconded by Ybarra, to close
the public hearing to consider: (1) the City's intention to
vacate a section of 50th Street from Seville Avenue to Soto
Street; and (2) the adoption of a Negative Declaration
determining that the proposed street vacation will not have a
significant effect on the environment, the time being 5:10 p.m.
Motion carried.
RESOLUTION NO. 8986 - A Resolution of the City Council
of the City of Vernon Vacating a Portion of 50th Street Between
Seville Avenue and Soto Street, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8986 be approved and adopted. Motion carried.
The City Attorney announced that now was the time to
open the public hearing to consider the issuance of industrial
development revenue bonds in an amount not to exceed $9,000,000.
It was moved by McCormick, seconded by Gonzales, to
open the public hearing to consider the issuance of industrial
development revenue bonds in an amount not to exceed $9,000,000,
the time being 5:10 p.m. Motion carried.
The City Attorney addressed the City Council and
provided them with a summary of this matter.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
Page 3 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
There was no one wishing to address the City Council on
this matter.
It was moved by McCormick, seconded by Ybarra, to close
the public hearing to consider the issuance of industrial
development revenue bonds in an amount not to exceed $9,000,000,
the time being 5:13 p.m. Motion carried.
RESOLUTION NO. 8988 - A Resolution of the City Council
of the City of Vernon Approving the Issuance of Not to Exceed
$9,000,000 Aggregate Principal Amount of Industrial Development
Revenue Bonds by the California Statewide Communities Development
Authority, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8988 be approved and adopted. Motion carried.
The Consent Calendar was presented.
Consent Calendar
City Administration
1. Requesting authority for personnel to attend the following:
• "FMLA/CFRA 2006 Seminar and Workshop"
Health Department
2. Requesting authority for personnel to attend the following:
• "Chemical Agents of Opportunity for Terrorism Course"
Light & Power Department
3. Ratification of City of Vernon Requisitions from 2004 Series
C Construction Fund covering claims and demands presented during
the period of February 23 through March 15, 2006, drawn on the
Bank of New York Trust Company, N.A. totaling $273,214.57, which
includes Requisition Nos. 349 through 351 (inclusive).
4. Ratification of City of Vernon Requisitions from Light &
Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of February 23 through March
15, 2006, drawn on The Bank of New York Trust Company, N.A.
totaling $1,260,345.80, which includes Requisition Nos. CE229
through CE236 (inclusive).
Police Department
5. Request to hire Janette Barcelo as a Dispatcher, Step 7,
effective April 3, 2006.
Page 4 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
6. Requesting authority for personnel to attend the following:
• "Colt Armorer School"
• "Detective Training Symposium"
• "Executive Development Course"
• "Los Angeles County Police Chiefs' Association 2006
Spring Conference"
• "Criminal Investigation Core Course"
• "Corrections Officer Core Course"
• "Domestic Violence - Officer Involved Course"
• "Effective Leadership Course"
Risk Management Department
7. Ratification of the granting of a merit step increase to
Karina Rueda, Administrative Assistant, from Step 7 to Step 6,
effective March 20, 2006 (Last increase March 21, 2005).
8. Requesting authority for personnel to attend the following:
• "Human Resources for Professionals Who've Recently
Assumed HR Responsibilities Seminar"
• "The Basics of HR Law 2006 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 January 12 through March 15, 2006,
drawn on The Bank of New York Trust Company, N.A. totaling
$13,586.76, which includes Requisition Nos. GCE007 through GCE008
(inclusive).
10. Payroll Warrant Register No. 597 covering claims and demands
presented during the period of January 8 through February 4,
2006, drawn on Bank of America totaling $2,276,482.06, which
includes Demand Nos. 8944 through 8958 (inclusive), with no
voids. (Accounting period February 2006)
Finance Committee
11. Ratification of the execution of the following Work
Authorizations to the contract with Galliera Inc., dba Trico
Construction ("Trico"):
PM-74R1-06 in the amount of $145,200.00, utilizing US
Demolition as the subcontractor
PM-76-06-MGS in the 'amount of $28,770.41, utilizing Starr
Sign Design and Rhino Construction as the subcontractors
12. Request to issue a purchase order to Canon Business
Solutions in the approximate amount of $23,531.97 for the
purchase of a copier and first year maintenance for the Police
Department.
13. Ratification of the execution of Work Authorization No.
PM27-05-24-MGS to the contract with Galliera Inc., dba Trico
Construction ("Trico") in the amount of $49,786.10, utilizing
Contra Costa Electric as the subcontractor.
Page 5 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
14. Request to approve and execute Change Order No. Thirteen to
the contract with Power Engineers, Inc. in the amount of
$183,556.77.
Personnel Committee
15. Ratification of the granting of a merit step increase to
Ehab Maximous, Civil Engineer, from Step 3 to Step 2, effective
March 19, 2006 (Last increase March 20, 2005).
16. Ratification of the granting of a merit step increase to
Juan Arellano, Utilityman I, from Step 3 to Step 2, effective
March 19, 2006 (Last increase March 6, 2005).
17. Ratification of the granting of a merit step increase to
Gerald Chavez, Utilityman I, from Step 3 to Step 2, effective
March 19, 2006 (Last increase March 7, 2095 2004).
18. Ratification of the granting of a merit step increase to
Gabriel Aldrete, Utilityman IV, from Step 6 to Step 5, effective
March 19, 2006 (Last increase March 6, 2005).
19. Request to grant Debra Davis, Dispatcher, Step 3, a merit
step increase to Dispatcher, Step 2, effective April 2, 2006
(Last increase April 3, 2005).
20. Request to reimburse Police Lieutenant Daniel Calleros
$660.00 from the Education and Training Appropriation account for
his satisfactory completion of a course taken during the Fall
2005 Semester at California State University, Long Beach related
to his position with the City.
21. Request to reimburse Police Sergeant Jerry R. Chavez, Jr.
$660.00 from the Education and Training Appropriation account for
his satisfactory completion of a course taken during the Fall
2005 Semester at California State University, Long Beach related
to his position with the City.
22. Request to reimburse Wesley Cruz, Engineering Aide, $179.01
from the Education and Training Appropriation account for his
satisfactory completion of a course taken during the Winter 2006
Semester at L.A. Trade Technical College related to his position
with the City.
23. Request to reimburse Scott Rigg, Water Operations
Supervisor, $527.65 from the Education and Training Appropriation
account for his satisfactory completion of a course taken during
the Winter 2006 Quarter at California Lutheran University related
to his position with the City.
24. Request to reimburse Juan Arellano, Utilityman I, $177.39
from the Education and Training Appropriation account for his
satisfactory completion of a course taken during the Fall 2005
Semester at Rancho Santiago College related to his position with
the City.
25. Request to reimburse Steve Hartsfield, Utilityman II,
$177.39 from the Education and Training Appropriation account for
his satisfactory completion of a course taken during the Fall
2005 Semester at Rancho Santiago College related to his position
with the City.
Page 6 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
26. Request to reimburse Firefighter James Espalin $660.00 from
the Education and Training Appropriation account for his
satisfactory completion of a course taken during the Fall 2005
Semester at California State University, Long Beach related to
his position with the City.
27. Request to reimburse Firefighter Paul Hallenberg $205.50
from the Education and Training Appropriation account for his
satisfactory completion of courses taken during the Fall 2005
Semester at El Camino Community College related to his position
with the City.
28. Request to reimburse Firefighter Frank Quinones $170.68 from
the Education and Training Appropriation account for his
satisfactory completion of a course taken during the Winter 2006
Term at Riverside Community College related to his position with
the City.
End of Consent Calendar
It was moved by Ybarra, seconded by McCormick, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
RESOLUTION NO. 8983 - A Resolution of the City Council
of the City of Vernon Accepting the Work of J & G Industries Inc.
in Accordance With Contract No. 594 of the City of Vernon, was
read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8983 be approved and adopted. Motion carried.
RESOLUTION NO. 8984 - 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
General Pump Company, Inc. Relating to Well Evaluation, was read
by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8984 be approved and adopted. Motion carried.
RESOLUTION NO. 8985 - 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 R. W.
Beck, Inc. Relating to an Assessment of the Vernon Electric
Distribution System, was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8985 be approved and adopted. Motion carried.
RESOLUTION NO. 8987 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Application for an Enforcement Assistance Grant from the
California Integrated Waste Management Board, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8987 be approved and adopted. Motion carried.
Page 7 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
RESOLUTION NO. 8989 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a First Amendment to Agreement for Professional Consulting
Services By and Between the City of Vernon and Crossborder
Energy, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8989 be approved and adopted. Motion carried.
RESOLUTION NO. 8990 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement for Consulting Services By and Between the
City of Vernon and Interstate Gas Services, Inc., was read by
title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8990 be approved and adopted. Motion carried.
RESOLUTION NO. 8991 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Master Consulting Services Agreement By and Between the City of
Vernon and New Energy Associates, LLC, a Siemens Company, was
read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8991 be approved and adopted. Motion carried.
RESOLUTION NO. 8992 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Extensions to Listing Agreements By and Between the City of
Vernon and Cushman & Wakefield, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8992 be approved and adopted. Motion carried.
RESOLUTION NO. 8993 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Standard Offer, Agreement and Escrow Instructions and Addendum
for the Purchase By and Between the City of Vernon and Alpine
Universal, Inc. for Property Located at 2301 E. Vernon Avenue,
was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8993 be approved and adopted. Motion carried.
RESOLUTION NO. 8994 - A Resolution of the City Council
of the City of Vernon Rescinding Resolution Nos. 8954, 8955, 8956
and 8957 Relating to Appointments to City Council Offices and
Cancellation of Election to be Held on Tuesday, April 11, 2006,
was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8994 be approved and adopted. Motion carried.
RESOLUTION NO. 8995 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Standard Offer, Agreement and Escrow Instructions and Addendum
for the Purchase By and Between the City of Vernon and Pechiney
Caste Plate, Inc. for Property Located at 3200 Fruitland Avenue,
was read by title.
Page 8 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8995 be approved and adopted. Motion carried.
RESOLUTION NO. 8996 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Professional Services Agreement By and Between the City of
Vernon and R.W. Beck, Inc. for Consulting Services Relating to
the City's Electric System, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8996 be approved and adopted. Motion carried.
Warrant Register No. 1186 covering claims and demands
presented during the period of February 23 through March 15,
2006, drawn on Bank of America totaling $3,294,398.01, which
includes Demand Nos. 310157 through 310452 (inclusive), excluding
Void Demand Nos. as listed below (Accounting period March 2006),
was presented.
310227, 310234 through 310236, 310241 through 310246
It was moved by Ybarra, seconded by McCormick that the
City of Vernon Warrant Register No. 1186 be approved and payment
authorized for claims and demands totaling $3,294,398.01. Motion
carried. Mayor Malburg abstained and disqualified himself from
voting on this matter because it is reasonably foreseeable that
his decision may have a material financial effect on his source
of income.
Light & Power of the City of Vernon Warrant Register
No. 151 covering claims and demands presented during the period
of February 23 through March 15, 2006, drawn on Bank of America
totaling $3,207,689.12, which includes Demand Nos. 502571 through
502696 (inclusive), excluding Void Demand Nos. as listed below
(Accounting period March 2006), was presented.
502575, 502581, 502585, 502593 through 502635
It was moved by Gonzales, seconded by Ybarra, that the
Light & Power of the City of Vernon Warrant Register No. 151 be
approved and payment authorized for claims and demands totaling
$3,207,689.12. Motion carried. Mayor Malburg abstained and
disqualified himself from voting on this matter 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 5:35 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Acting Fire Chief, the Director of Community
Services & Water, 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.
Page 9 of 10
Rescheduled Regular City Council Meeting Minutes
March 22, 2006
The Acting Fire Chief and the Director of Community
Services & Water were excused from closed session after the
conference regarding Employee Discipline/Dismissal/Release
matters and prior to the conference regarding a Real Property
Negotiation matter.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go out of closed session and resume regular session,
the time being 6:00 p.m. Motion carried. "
It was reported out that the City Council had a
conference with Legal Counsel, the Acting Fire Chief, and the
Director of Community Services & Water in closed session
regarding Employee Discipline/Dismissal/Release matters pursuant
to Government Code Section 54957, and that direction was given to
the Acting City Clerk on said matters.
It was reported out that the City Council had a
conference with legal counsel in closed session regarding a Real
Property Negotiation matter pursuant to Government Code Section
54956.8, and that direction was given to Legal Counsel on said
matter. The Acting City Clerk reported for the record that Mayor
Malburg recused himself on this matter.
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 6:01 p.m.
Motion carried.
ATTEST:
1
uce V Malkenhorst, Jr.
Ac City Clerk
eonis C. Ma urg
Mayor
Page 10 of 10