20060607 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
JUNE 7, 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 Warrant Register No.
1191, Light & Power Warrant Register No. 156, and three
potential cases of litigation pursuant to subdivision (b) of
Government Code § 54956.9 - significant exposure to litigation,
all of which require immediate attention, were brought to the
attention of the Acting City Clerk after the agenda was posted,
and asked that a vote be taken to add said matters to tonight's
agenda.
It was moved by Gonzales, seconded by Ybarra, to add
the aforementioned matters 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 McCormick, that the
Minutes of the Rescheduled Regular City Council Meeting held May
24, 2006, be approved and adopted as submitted. Motion carried.
The City Attorney announced that now was the time to
present the Service Pins.
The Mayor presented the Service Pins to the following:
William Davis Councilman 25 Years
Gerardo Farias Utilityman III 15 Years
Fernando Flores Field Crew 10 Years
Wesley Cruz Engineering Aide 10 Years
Sergeant Fernando Rodriguez and Officer Anthony
Encinas were unable to attend the meeting and their Service Pins
were received by their department head.
The City Attorney announced that now was the time to
present the awards to the graduates from the Vernon Elementary
School "D.A.R.E." (Drug Abuse Resistance Education) Program and
to certain specific students for their outstanding essays
regarding their experience in the program.
Regular City Council Meeting Minutes
June 7, 2006
Chief of Police Benudiz introduced Officer Maria
Garcia who thanked the students and teachers for their
outstanding efforts in this program and presented the awards.
From Mr. Yamaguchi's Class:
Anthony Moreno
Mitzi Hernandez
Perla Medina
From Mrs. Santa Cruz's Class:
Daniel Saldana
Iker Angel
Marcos Cruz
Grand Prize Winner:
Walter Serrano
The City Attorney announced that now was the time to
present a "MADD" (Mothers Against Drunk Driving) Statewide Law
Enforcement Award to Police Officer Eddie Hernandez in
recognition of his diligence in combating drunk driving.
Chief of Police Benudiz provided a summary of the
"MADD" program, introduced Officer Hernandez, and provided the
details of his earned recognition.
The Mayor presented the "MADD" Award to Officer
Hernandez and extended congratulations on behalf of the City
Council.
Fire Department Activity Report for the period
May 16th through May 31St, 2006, was presented.
It was moved by Gonzales, seconded by Davis, that the
Fire Department Activity Report for the period May 16th through
May 31St, 2006, be received and filed. Motion carried.
Police Department Activity Log for the period
May 16th through May 31St, 2006, was presented.
It was moved by Gonzales, seconded by McCormick, that
the Police Department Activity Log for the period May 16th
through May 31st, 2006, be received and filed. Motion carried.
The City Attorney announced that now was 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.
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Regular City Council Meeting Minutes
June 7, 2006
ORDINANCE NO. 1120 - An Ordinance of the City Council
of the City of Vernon Amending Chapter 2 of the Code of the City
of Vernon, California, 1959, by Adding Sections 2.4 and 2.4-1 to
Chapter 2, Article I, Relating to the City Treasurer, and
Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title for a first reading.
It was moved by Ybarra, seconded by Gonzales, that
Ordinance No. 1120 be approved for a first reading. Motion
carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
The City Attorney announced that now was the time to
open the public hearing to consider the adoption of a resolution
adjusting health permit fees.
It was moved by McCormick, seconded by Davis, to open
the public hearing to consider the adoption of a resolution
adjusting health permit fees, the time being 5:15 p.m. Motion
carried.
The Director of Environmental Health provided the City
Council with a summary of the proposed 7% increase.
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 the adoption of a
resolution adjusting health permit fees, the time being 5:17
p.m. Motion carried.
RESOLUTION NO. 9058 - A Resolution of the City Council
of the City of Vernon Establishing Health Permit, Hazardous
Materials Establishment Permit, and Application Fees for Permits
Granted by the City of Vernon Pursuant to Sections 11.9.4, 13.7,
13.31, 13.53, 25.12, and 25.13-6 of the Vernon City Code and
Repealing Resolution No. 8768, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9058 be approved and adopted. Motion carried.
The City Attorney announced that now was the time to
open the public hearing to consider the expenditure of Citizens
Option for Public Safety (COPS) Funds.
It was moved by Ybarra, seconded by McCormick, to open
the public hearing to consider the expenditure of Citizens
Option for Public Safety (COPS) Funds, the time being 5:20 p.m.
Motion carried.
The Chief of Police provided the City Council with a
summary of this matter.
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June 7, 2006
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 expenditure of Citizens
Option for Public Safety (COPS) Funds, the time being 5:21 p.m.
Motion carried.
RESOLUTION NO. 9063 - A Resolution of the City Council
of the City of Vernon Providing for the Implementation of the
Citizens Option for Public Safety (COPS) Program for 2005-2006,
was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9063 be approved and adopted. Motion carried.
The Consent Calendar was presented.
Consent Calendar
City Administration
1. Requesting authority for City Officials to attend the
following:
• "Independent Cities Association - 46th Annual Seminar"
Community Services & Water Department
2. Requesting authority for personnel to attend the following:
• "CALBO Training Institute - Mechanical Code/Plumbing
Course"
Health Department
3. Requesting authority for personnel to attend the following:
• "Backflow Assembly Tester Course"
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 May 18 through May 31, 2006, drawn on the
Bank of New York Trust Company, N.A. totaling $132,788.34, which
includes Requisition No. 362.
5. Ratification of City of Vernon Requisitions from Light &
Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of May 18 through May 31,
2006, drawn on The Bank of New York Trust Company, N.A. totaling
$535,572.65, which includes Requisition Nos. CE279 through CE283
(inclusive).
6. Requesting authority for personnel to attend the following:
• "Substation Equipment Protection Course"
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June 7, 2006
Treasurer's Department
7. Ratification of City of Vernon Requisitions from General
Custody Escrow Account No. 800455 covering claims and demands
presented during the period of May 18 through May 31, 2006,
drawn on The Bank of New York Trust Company, N.A. totaling
$3,650.00, which includes Requisition No. GCE020.
Finance Committee
8. Ratification of the execution of Work Authorization No. PM-
84-06-L&P to the contract with Galliera Inc., dba Trico
Construction ("Trico") in the amount of $117,188.50 for the
installation of #1, #2, and #3 bank PT's, secondary conduit,
wiring and protective relay panel.
9. Request to grant a variance to the Vernon Police Officers'
Benefit Association from the Uniform Fire Code, 1994 Edition,
Section 7802.4, for the property located at 2357 Slauson Avenue,
subject to the normal conditions imposed by the Fire Department.
10. Ratification of the execution of the following Work
Authorization Nos. to the contract with with Galliera Inc., dba
Trico Construction ("Trico") at the stated amounts:
PM-89-06-L&P in the amount of $244,139.88 for the Ybarra
Substation loss of Vacuum Protection Package
PM-90-06-L&P in the amount of $166,375.00 for the Vernon
Substation 66kV Circuit Breaker Integration Wiring
11. Request to approve the execution of the following change
order(s) to the stated contracts at the stated amounts:
Contract C.O.# Amount
Commonwealth Associates, Inc. Five $42,600.00
Personnel Committee
12. Request to reclassify Sergio Canales from Engineering Aide
III, Step 1, to Planning Assistant, Step 8, effective June 11,
2006.
13. Request to grant Kenneth Jackson, Utilityman III, Step 4, a
merit step increase to Utilityman III, Step 3, effective June
11, 2006 (Last increase January 9, 2005).
14. Request to grant Patrick Keye, Systems Coordinator I, Step
4, a merit step increase to Systems Coordinator I, Step 3,
effective June 11, 2006 (Last increase May 1, 2005).
15. Request to grant Jose Zermeno, Utilityman IV, Step 8, a
merit step increase to Utilityman IV, Step 7, effective June 11,
2006 (Last increase May 16, 2005).
16. Request to grant Donald Hurdle, Foreman, Step 2, a merit
step increase to Foreman, Step 1, effective June 11, 2006 (Last
increase June 12, 2005).
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17. Request to grant Elizabeth Zepeda, Administrative
Assistant, Step 8, a merit step increase to Administrative
Assistant, Step 7, effective June 11, 2006 (Last increase June
12, 2005).
18. Request to grant Cindy Gaytan, Account Clerk, Step 10, a
merit step increase to Account Clerk, Step 9, effective June 11,
2006.
19. Request to grant Alicia Saldana, Administrative Assistant,
Step 3, a merit step increase to Administrative Assistant, Step
2, effective June 25, 2006 (Last increase December 26, 2004).
20. Request to grant Mark Whitworth, Acting Fire Chief, Step 3,
a merit step increase to Acting Fire Chief, Step 2, effective
June 25, 2006 (Last increase June 23, 2005).
21. Request to grant Robert Zepeda, Utilityman IV, Step 5, a
merit step increase to Utilityman IV, Step 4, effective June 25,
2006 (Last increase June 26, 2005).
End of Consent Calendar
It was moved by Ybarra, seconded by Davis, that the
matters on the consent calendar be approved as recommended.
Motion carried.
Request to approve and execute an Easement Deed from
the City of Los Angeles for a sewer line within Assessor Parcel
Number 6302-009-907, was presented.
It was moved by Gonzales, seconded by Ybarra, to
approve an Easement Deed from the City of Los Angeles for a
sewer line within Assessor Parcel Number 6302-009-907. Motion
carried.
Request to approve and execute two Easement Deeds from
the Alameda Corridor Transportation Authority (ACTA) for a sewer
line within Assessor Parcel Numbers 6302-009-900 and 6302-009-
901, was presented.
It was moved by Davis, seconded by McCormick, to
approve two Easement Deeds from the Alameda Corridor
Transportation Authority (ACTA) for a sewer line within Assessor
Parcel Numbers 6302-009-900 and 6302-009-901. Motion carried.
RESOLUTION NO. 9057 - A Resolution of the City Council
of the City of Vernon Adopting an Annual Statement of Investment
Policy for 2006 and Delegating Investment Authority to the City
Treasurer, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9057 be approved and adopted. Motion carried.
RESOLUTION NO. 9059 - A Resolution of the City Council
of the City of Vernon Reappointing Leonis C. Malburg and Thomas
A. Ybarra to Serve as Trustees on the Board of Library Trustees,
was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9059 be approved and adopted. Motion carried.
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RESOLUTION NO. 9060 - A Resolution of the City Council
of the City of Vernon Authorizing the City's Participation in
the County of Los Angeles' Report of Waste Discharge
Application, Subject to the Filing of a Letter of Exceptions by
the City of Vernon Regarding the NPDES Permit and Authorizing
the City to do all Other Actions Deemed Necessary or Advisable
Concerning the Administrative Review Process, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9060 be approved and adopted. Motion carried.
RESOLUTION NO. 9061 - A Resolution of the City Council
of the City of Vernon Authorizing the Filing of Small Claims
Actions on Behalf of the City by the Acting Risk Manager, was
read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9061 be approved and adopted. Motion carried.
RESOLUTION NO. 9062 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Letters of Understanding Amending Agreement with United of Omaha
Life Insurance Company Regarding Plan Coverage for Certain
Employees, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9062 be approved and adopted. Motion carried.
RESOLUTION NO. 9064 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Second Amendment To Agreement Number C-107783 By and Between
the City of Vernon and the City of Los Angeles Regarding the Use
of 2003 Urban Areas Security Initiative Grant Funds, was read by
title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9064 be approved and adopted. Motion carried.
RESOLUTION NO. 9065 - A Resolution of the City Council
of the City of Vernon approving and Ratifying Actions Taken
Regarding Renewal of the Medicare Part D Program, was read by
title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 9065 be approved and adopted. Motion carried.
RESOLUTION NO. 9066 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment to the 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 McCormick, seconded by Ybarra, that
Resolution No. 9066 be approved and adopted. Motion carried.
RESOLUTION NO. 9067 - A Resolution of the City Council
of the City of Vernon Appointing the City of Vernon's
Representatives to the Governing Board and Various Other
Committees of the Pacific Coast Joint Powers Authority to
Represent the City's Interests, was read by title.
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June 7, 2006
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9067 be approved and adopted. Motion carried.
RESOLUTION NO. 9068 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Four Custodial Escrow Account Agreements to Accommodate (1) the
City's Transmittal of Funds to Debt Services on City's Bonded
Indebtedness with Morgan Stanley and Citibank, (2) Rating
Agency's Credit Quality and (3) Remit Installment Payment for
Legal Counsel Services, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9068 be approved and adopted. Motion carried.
Mayor Malburg and Councilman Davis were excused from
the meeting at 5:28 p.m.
Warrant Register No. 1191 covering claims and demands
presented during the period of May 18 through May 31, 2006,
drawn on Bank of America totaling $4,445,512.89, which includes
Demand Nos. 311215 through 311380 (inclusive), excluding Void
Demand Nos. as listed below (Accounting period June 2006), was
presented.
311250, 311252, 311254, 311263 through 311268
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1191 be approved and payment authorized for
claims and demands totaling $4,445,512.89. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 156 covering claims and demands presented during the period
of May 18 through May 31, 2006, drawn on Bank of America
totaling $4,849,781.65, which includes Demand Nos. 502941
through 502992 (inclusive), excluding Void Demand Nos. as listed
below (Accounting period June 2006), was presented.
502951, 502954, 502961 through 502966
It was moved by Gonzales, seconded by McCormick, that
the Light & Power of the City of Vernon Warrant Register No. 156
be approved and payment authorized for claims and demands
totaling $4,849,781.65. Motion carried.
Mayor Malburg and Councilman Davis re-entered the
Council Chamber and resumed the meeting in regular session at
5:29 p.m.
The City Attorney announced that now was the time to
go into closed session.
It was moved by Ybarra, seconded by McCormick, 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, 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.
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June 7, 2006
It was moved by McCormick, seconded by Ybarra, that
the City Council go out of closed session and resume regular
session, the time being 6:10 p.m. Motion carried.
It was reported out that the City Council had a
conference with Legal Counsel in closed session regarding the
following existing litigation case numbers pursuant to
subdivision (a) of Government Code Section 54956.9, and that no
action was taken on said cases.
a. LASC No. BC 331516
b. LASC No. BS 095763
C. LASC No. BC 343370
d. LASC No. BS 101423
e. LASC No. BC 346114
It was reported out that the City Council had a
conference with Legal Counsel in closed session regarding three
cases of anticipated litigation pursuant to subdivision (b) of
Government Code Section 54956.9, and that direction was given to
the City Attorney on said matters.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Ybarra, that the meeting be adjourned, the time being 6:15
p.m. Motion carried.
ATTEST.
Bruce V alkenhorst, Jr.
Acting City Clerk
r-
onis C. Malburg
Mayor
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