20060419 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD APRIL 19, 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 Deputy City Clerk advised that a request to
appoint Willard Yamaguchi, Chief Deputy City Attorney, as the
Hearing Examiner authorized to schedule a hearing for the appeal
filed March 27, 2006, of the March 14, 2006 order by the City
Building Official, which requires immediate attention, was
brought to the attention of the Acting City Clerk after the
agenda was posted, and asked that a vote be taken to add said
request to tonight's agenda.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned request be added to tonight's agenda. Motion
carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
It was moved by Davis, seconded by Ybarra, that the
Minutes of the Regular City Council Meeting held April 5, 2006,
be approved and adopted as submitted. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the Special City Council Meeting held April 10,
2006, be approved and adopted as submitted. Motion carried.
The Deputy City Clerk announced that now was the time
to present the Perfect Attendance Awards.
The Mayor presented Perfect Attendance Awards for the
month of March to the following employees who were in
attendance.
NAME
JOB TITLE
D.O.H.
YEARS
Michael Pinnere
Firefighter
03/22/99
7
Jorge Somoano
Engineering & Operations Mgr.
06/23/85
11
Jose Pereyra
Systems Coordinator II
07/16/90
13
Dan Downing
Chief Deputy Director
03/01/87
19
The below listed employees were unable to attend the
meeting and their awards were forwarded to them.
NAME
Gabriel Aldrete
Ana Karina Rueda
Adam Alvarez
Debra Davis
Lyndon Ong Yiu
Eugenio Cerda
JOB TITLE
Utilityman IV
Administrative'Assistant
Utilityman III
Dispatcher
Environmental Specialist
Police Officer
D.O.H.
YEARS
03/10/03
3
01/28/02
3
07/01/87
3
01/02/01
4
04/23/01
4
12/14/98
5
Regular City Council Meeting Minutes
April 19, 2006
NAME
Allan Castro
Shahram Sharifzadeh
Robert Farrell
Anthony Fish
Matthew Holtzendorff
Chad McGovney
Derek Meyer
Andrew Smith
Norman Sutherlin
Paul Cerda
Pete Torres
Brandon Gray
Patrick Keye
Eliseo Genera
JOB TITLE
D.O.H.
YEARS
Firefighter
03/01/00
6
Systems Coordinator I
03/13/00
6
Firefighter
03/22/99
7
Firefighter
03/22/99
7
Firefighter
03/22/99
7
Firefighter
03/22/99
7
Firefighter
03/22/99
7
Firefighter
03/22/99
7
Firefighter
03/22/99
7
Police Officer
03/29/98
8
Fire Engineer
10/24/88
9
Police Officer
07/10/95
10
Systems Coordinator II
08/05/84
15
Civilian Court Officer
04/28/86
16
The Mayor called a short recess at 5:06 p.m.
The City Council reconvened in regular session at 5:09
p.m., all members present before the recess again being present.
The Mayor presented A Proclamation of the Mayor and
the City Council of the City of Vernon Declaring May 15, 2006 as
"Peace Officers, Memorial Day" and Declaring May 14-20, 2006 as
"Police Week" to the Police Department.
Captain Towles accepted the proclamation and expressed
his thanks on behalf of the Police Department.
Fire Department Activity Report for the period
April 1st through April 15th, 2006, was presented.
It was moved by Gonzales, seconded by Davis, that the
Fire Department Activity Report for the period April 1st through
April 15th, 2006, be received and filed. Motion carried.
Police Department Activity Log for the period
April 1st through April 15th, 2006, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period April 1st
through April 15th, 2006, be received and filed. Motion carried.
Health Department Report for the month of March 2006,
was presented.
It was moved by Ybarra, seconded by McCormick, that
the Health Department Report for the month of March 2006, be
received and filed. Motion carried.
Risk Management Report for the month of March 2006,
was presented.
It was moved by Davis, seconded by Gonzales, that the
Risk Management Report for the month of March 2006, be received
and filed. Motion carried.
The Deputy City Clerk 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.
Page 2 of 7
Regular City Council Meeting Minutes
April 19, 2006
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 Deputy City Clerk 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 SWRD, Inc.
It was moved by Ybarra, seconded by McCormick, 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 SWRD, Inc., the time
being 5:09 p.m. Motion carried.
The Director of Environmental Health provided the City
Council 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 Gonzales, seconded by Davis, 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 SWRD, Inc., the time
being 5:11 p.m. Motion carried.
RESOLUTION NO. 9018 - A Resolution of the City Council
of the City of Vernon Terminating the Non -Exclusive Solid Waste
Franchise Granted to SWRD, Inc. dba Solid Waste Recycling &
Disposal by the City of Vernon Pursuant to Resolution No. 7320,
was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9018 be approved and adopted. Motion carried.
The Consent Calendar was presented.
Consent Calendar
Community Services & Water Department
1. Request to approve a fully executed Grant Deed from 45th
Street LLC for the property at 2640 E. 45th Street.
2. Request to approve a fully executed Grant Deed from 45th
Street LLC for the property at 2651 E. 45th Street.
Fire Department
3. Requesting authority for ^_ty Gff_=_='_c personnel to attend
the following:
• "Truck Company Operations Seminar"
Page 3 of 7
Regular City Council Meeting Minutes
April 19, 2006
Light & Power Department
4. Ratification of City of Vernon Requisitions from 2004
Series C Construction Fund covering claims and demands presented
during the period of March 30 through April 12, 2006, drawn on
the Bank of New York Trust Company, N.A. totaling $172,659.31,
which includes Requisition Nos. 354 through 355 (inclusive).
5. Ratification of City of
Power Custody Escrow Account
demands presented during the
12, 2006, drawn on The Bank
totaling $978,744.51, which
through CE255 (inclusive).
Police Department
Vernon Requisitions from Light &
No. 800452 covering claims and
period of March 30 through April
of New York Trust Company, N.A.
includes Requisition Nos. CE245
6. Requesting authority for Gity ^ffieia_s personnel to attend
the following:
• "California Law Enforcement Association of Records
Supervisors (CLEARS) Region III Training Seminar"
• "POST Recruiter Seminar"
Treasurer's Department
7. Payroll Warrant Register No. 598 covering claims and
demands presented during the period of February 5 through March
18, 2006, drawn on Bank of America totaling $3,360,621.38, which
includes Demand Nos. 8959 through 8988 (inclusive), with no
voids. (Accounting period March 2006)
Finance Committee
8. Request to issue two purchase orders to Dell in the total
approximate amount of $15,233.96 for the purchase of fourteen
computers, six 17" monitors, and two 19" monitors for the Police
Department.
9. Request to issue a purchase order to AUL Pipe Tubing &
Steel in the approximate amount of $18,443.14 for the purchase
and installation of three fabricated generator catwalks with
ladders for the Community Services & Water Department.
10. Request to approve and execute Extra Work Order No. One to
the contract with Republic Electric in the amount of $93,000.00
to install new LED traffic signal lamps throughout the City.
Personnel Committee
11. Request to grant Linda Smith, Senior Administrative
Assistant, Step 4, a merit step increase to Senior
Administrative Assistant, Step 3, effective April 30, 2006 (Last
increase October 17, 2004).
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.
Page 4 of 7
Regular City Council Meeting Minutes
April 19, 2006
Request to approve Final Parcel Map No. 62600
submitted by 45th Street, LLC, was presented.
It was moved by Gonzales, seconded by Davis, to
approve Final Parcel Map No. 62600 submitted by 45th Street, LLC.
Motion carried.
RESOLUTION NO. 9019 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Public Improvements Agreement No. 18 By and Between the City of
Vernon and University Marelich Mechanical & Galliera, Inc., was
read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9019 be approved and adopted. Motion carried.
RESOLUTION NO. 9020 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the City of
Vernon to Enter into an Amendment to Contract No. CO207213 with
the State of California for the Per Capita Grant Program Under
the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2002, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9020 be approved and adopted. Motion carried.
RESOLUTION NO. 9021 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Notice of Nonresponsibility and Related Documents Regarding the
Property Located at 4901 Bandini Boulevard, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9021 be approved and adopted. Motion carried.
RESOLUTION NO. 9022 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement By and Between the City of Vernon and
Southern California Edison Company Regarding the Laguna Bell-
Leonis No. 1 66 kV Interconnection, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9022 be approved and adopted. Motion carried.
RESOLUTION NO. 90.23 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement By and Between the City of Vernon and
Southern California Edison Company for Malburg Generation
Station Communications Facilities, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 9023 be approved and adopted. Motion carried.
Councilman Davis abstained from voting on this matter.
Request to appoint Willard Yamaguchi, Chief Deputy
City Attorney, as the Hearing Examiner authorized to schedule a
hearing for the appeal filed March 27, 2006, of the March 14,
2006 order by the City Building Official, was presented.
It was moved by Gonzales, seconded by Davis, that
Willard Yamaguchi be appointed as the Hearing Examiner
authorized to schedule a hearing for the appeal filed March 27,
2006. Motion carried.
Page 5 of 7
Regular City Council Meeting Minutes
April 19, 2006
The Deputy City Clerk asked Mayor Malburg and
Councilman Davis to recuse themselves on the following two
matters.
Mayor Malburg and Councilman Davis were excused from
the meeting at 5:18 p.m.
Warrant Register No. 1188 covering claims and demands
presented during the period of March 30 through April 12, 2006,
drawn on Bank of America totaling $1,833,119.19, which includes
Demand Nos. 310618 through 310810 (inclusive), excluding Void
Demand Nos. as listed below (Accounting period April 2006), was
presented.
310667 through 310672
It was moved by Gonzales, seconded by McCormick, that
the City of Vernon Warrant Register No. 1188 be approved and
payment authorized for claims and demands totaling
$1,833,119.19. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 153 covering claims and demands presented during the period
of March 30 through April 12, 2006, drawn on Bank of America
totaling $1,760,662.42, which includes Demand Nos. 502752
through 502797 (inclusive), excluding Void Demand Nos. as listed
below (Accounting period April 2006), was presented.
502762 through 502767
It was moved by McCormick, seconded by Gonzales, that
that the Light & Power of the City of Vernon Warrant Register
No. 153 be approved and payment authorized for claims and
demands totaling $1,760,662.42. Motion carried.
Mayor Malburg and Councilman Davis reentered the
meeting in regular session at 5:20 p.m.
The Deputy City Clerk announced that now was the time
to go into closed session.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session, the time being 5:25 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Police Captain, 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.
The Police Captain was excused from closed session
after the conference regarding Employee
Discipline/Dismissal/Release matters and prior to the conference
regarding Existing Litigation matters.
It was moved by Ybarra, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 5:40 p.m. Motion carried.
Page 6 of 7
Regular City Council Meeting Minutes
April 19, 2006
It was reported out that the City Council had a
conference with the Police Captain, the Acting City Clerk, and
Legal Counsel in closed session regarding an Employee
Discipline/Dismissal/Release matter pursuant to Government Code
Section 54957, and that direction was given to the Acting City
Clerk on said 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 5:40
p.m. Motion carried.
ATTEST:
Bruce V. Malkenhorst, Jr.
Acting'City Clerk
°'.Leonis C. Malburg
Mayor
Page 7 of 7
Regular City Council Meeting Minutes
April 19, 2006
It was reported out that the City Council had a
conference with the Police Captain, the Acting City Clerk, and
Legal Counsel in closed session regarding an Employee
Discipline/Dismissal/Release matter pursuant to Government Code
Section 54957, and that direction was given to the Acting City
Clerk on said 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 5:40
p.m. Motion carried.
ATTES-T:
uce . Malkenhorst, Jr.
tin City Clerk
�eOnls C. Malburg
Mayor
Page 7 of 7