20060621 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
JUNE 21, 2006, AT 5:05 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: Malburg
The meeting was called to order by Mayor Pro Tempore
Ybarra.
The Deputy City Clerk advised that an existing
litigation case, which required immediate action, was brought to
the attention of the Acting City Clerk after the agenda was
posted, and asked that a vote be taken to add case LASC No. BC
337476 to the closed session portion of the agenda pursuant to
subdivision (a) of Government Code § 54956.9.
It was moved by Gonzales, seconded by Davis, to add
existing litigation case LASC No. BC 337476 to the closed session
portion of the agenda. Motion carried.
Ayes: Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: Malburg
Abstained: None
It was moved by Davis, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held June 7, 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 Pro Tem presented Perfect Attendance Awards
for the month of May to the following employees who were in
attendance.
NAME
JOB TITLE
D.O.H.
YEARS
Willard Yamaguchi
Chief Deputy City Attorney
05/03/04
2
Wesley Cruz
Engineering Aide
05/26/96
10
Robin Tolmasoff
Sr. Administrative Assistant
11/05/90
15
Curtis Kirkland
Sr. Electronics Technician
05/16/88
18
The below
listed employees were unable
to attend
the
meeting and their awards were forwarded to them.
NAME
JOB TITLE
D.O.H.
YEARS
Gerald Chavez
Utilityman I
09/28/86
2
Jose Reyna
Police Officer
05/19/03
3
George Ning
Telephone Technician
04/21/03
3
Ruben Herrera
Utilityman III
08/14/89
4
Marco Reynoso
Utilityman III
06/14/92
4
Celestino Chavez
Police Officer
02/20/01
5
Anthony Encinas
Police Officer
05/07/01
5
Marisela Martinez
Account Clerk
05/15/00
6
Victor Modesto
Utilityman II
09/04/94
9
Carlos Fandino
Systems Manager
01/23/89
13
Regular City Council Meeting Minutes
June 21, 2006
NAME
JOB TITLE
D.O.H.
YEARS
Paul Woida
Fire Engineer
08/17/87
13
Renan Castro
Utilityman II
12/21/87
16
The Mayor Pro Tem called a short recess at 5:07 p.m.
The City Council reconvened in regular session at 5:10
p.m., all members present before the recess again being present.
The Deputy City Clerk advised that the following matter
should be removed from the agenda.
Presentation of a California Highway Patrol 10851 Award
to Police Officers Ignacio Estrada and Oscar Zozaya in
recognition of their achievements in recovering stolen vehicles.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned matter be removed from the agenda. Motion
carried.
Fire Department Activity Report for the period June 1st
through June 15th, 2006, was presented.
It was moved by Davis, seconded by McCormick, that the
Fire Department Activity Report for the period June 1st through
June 15th, 2006, be received and filed. Motion carried.
Police Department Activity Log for the period June 1st
through June 15th, 2006, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period June 1st through
June 15th, 2006, be received and filed. Motion carried.
Health Department Report for the month of May 2006, was
presented.
It was moved by McCormick, seconded by Gonzales, that
the Health Department Report for the month of May 2006, be
received and filed. Motion carried.
Risk Management Report for the month of May 2006, was
presented.
It was moved by Davis, seconded by McCormick, that the
Risk Management Report for the month of May 2006, be received and
filed. Motion carried.
The Deputy City Clerk 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 Pro Tem asked if there was anyone in the
audience who wished to address the City Council at this time.
this time.
There was no one wishing to address the City Council at
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Regular City Council Meeting Minutes
June 21, 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 second and final reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1120 be approved and adopted. Motion carried.
Ayes: Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: Malburg
Abstained: None
The Deputy City Clerk announced that now was the time
to open the public hearing to consider a one-time credit to
Vernon utility customers as a result of a settlement reached with
E1 Paso Corporation, El Paso Natural Gas Company and El Paso
Merchant Energy, L.P. for claims arising out of the California
Energy Crisis of 2000 and 2001.
It was moved by Davis, seconded by McCormick, to open
the public hearing to consider a one-time credit to Vernon
utility customers as a result of a settlement reached with El
Paso Corporation, El Paso Natural Gas Company and El Paso
Merchant Energy, L.P. for claims arising out of the California
Energy Crisis of 2000 and 2001, the time being 5:12 p.m. Motion
carried.
The Director of Light & Power provided the City Council
with a summary of this matter.
The Mayor Pro Tem 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 a one-time credit to Vernon
utility customers as a result of a settlement reached with El
Paso Corporation, E1 Paso Natural Gas Company and E1 Paso
Merchant Energy, L.P. for claims arising out of the California
Energy Crisis of 2000 and 2001, the time being 5:15 p.m. Motion
carried.
RESOLUTION NO. 9070 - A Resolution of the City Council
of the City of Vernon Providing for the Creation of a One -Time
Credit to Vernon Utility Customers as a Result of a Settlement
Reached with El Paso Corporation, El Paso Natural Gas Company and
El Paso Merchant Energy, L.P., was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9070 be approved and adopted. Motion carried.
The Deputy City Clerk announced that now was the time
to open the public hearing regarding the City's intention to
vacate a portion of Atlantic Boulevard in accordance with
Division 9 of the Streets and Highways Code of the State of
California, and the adoption of a Negative Declaration in
accordance with the California Environmental Quality Act.
Page 3 of 9
Regular City Council Meeting Minutes
June 21, 2006
It was moved by Gonzales, seconded by Davis, to open
the public hearing regarding the City's intention to vacate a
portion of Atlantic Boulevard in accordance with Division 9 of
the Streets and Highways Code of the State of California, and the
adoption of a Negative Declaration in accordance with the
California Environmental Quality Act, the time being 5:15 p.m.
Motion carried.
The Director of Community Services & Water provided the
City Council with a summary of this matter.
The Mayor Pro Tem 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 Davis, to close
the public hearing regarding the City's intention to vacate a
portion of Atlantic Boulevard in accordance with Division 9 of
the Streets and Highways Code of the State of California, and the
adoption of a Negative Declaration in accordance with the
California Environmental Quality Act, the time being 5:20 p.m.
Motion carried.
RESOLUTION NO. 9077 - A Resolution of the City Council
of the City of Vernon Vacating a Portion of Atlantic Boulevard,
Approximately 600 Feet Northeast of Bandini Boulevard, was read
by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9077 be approved and adopted. Motion carried.
The Consent Calendar was presented.
Councilman Gonzales advised that item number thirteen
should be removed from the Consent Calendar at this time.
Consent Calendar
Community Services & Water Department
1. Request to approve a fully executed Grant Deed from James A.
Padden for the property located at 4309 District Boulevard.
2. Request to approve a fully executed Grant Deed from 3450
Vernon LLC for the property located at 3450 Vernon Avenue.
3. Request to approve a fully executed Grant Deed from Baker
Commodities, Inc. for the property located at 3001 Sierra Pine
Avenue.
4. Request to transfer Wesley Cruz to the Code Enforcement
Inspector position for a three-month period.
Light & Power Department
5. Ratification of the attendance of the following:
• "Muni Wireless Workshop"
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Regular City Council Meeting Minutes
June 21, 2006
6. Requesting authority for personnel to attend the following:
• "SEL-421 Protection, Automation, and Control System
Course"
7. Ratification of City of Vernon Requisitions from Light &
Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of June 1 through June 14,
2006, drawn on The Bank of New York Trust Company, N.A. totaling
$763,698.49, which includes Requisition Nos. CE284 through CE294
(inclusive).
Treasurer's Department
8. Payroll Warrant Register No. 600 covering claims and demands
presented during the period of April 16 through May 13, 2006,
drawn on Bank of America totaling $2,248,425.93, which includes
Demand Nos. 9007 through 9022 (inclusive), with no voids
(Accounting period May 2006).
Finance Committee
9. Request to issue a purchase order to Report Department in
the approximate amount of $16,650.00 for a National Fire Incident
Reporting System (NFIRS) software license.
10. Request to issue a purchase order to All Star Fire Equipment
in the approximate amount of $20,784.00 for Haz Mat suits for the
Fire Department.
11. Request to approve and execute Change Order No. One to the
contract with Thomason Mechanical Corporation in the not to
exceed amount of $20,000.00.
12. Request to issue a purchase order to McMurray Stern dba Burt
C. Gentle Co., Inc. in the approximate amount of $19,024.93 for
the purchase and installation of cabinets and shelving for the
jail facility.
13. Removed - listed after the end of the Consent Calendar.
14. RESOLUTION NO. 9080 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Equipment Purchase and Services Agreement By and Between the City
of Vernon and McMurray Stern, Inc., dba Burt C. Gentle Co., Inc.
for Storage Equipment for Vernon Police Department Shooting Range
15. RESOLUTION NO. 9083 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Equipment Purchase Agreement By and Between the City of Vernon
and Phoenix Distributors for Weapons for the Vernon Police
Department
16. RESOLUTION NO. 9084 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Equipment Purchase and Services Agreement By and Between the City
of Vernon and Advanced Electronics for Electronic Door Access
Security System for the Vernon Police Department
Page 5 of 9
Regular City Council Meeting Minutes
June 21, 2006
Personnel Committee
17. Ratification of the granting of a merit step increase to
Solomon Benudiz from Police Chief, Step 2, to Police Chief, Step
1, effective June 11, 2006 (Last increase June 12, 2005).
18. Request to grant David Lazar, Battalion Chief, Step 3, a
merit step increase to Battalion Chief, Step 2, effective June
25, 2006 (Last increase June 26, 2005).
19. Request to grant Todd Painton, Acting Fire Captain, Step 3,
a merit step increase to Acting Fire Captain, Step 2, effective
June 25, 2006 (Last increase June 26, 2005).
20. Request to grant Troy Durbin, Acting Fire Engineer, Step 3,
a merit step increase to Acting Fire Engineer, Step 2, effective
June 25, 2006 (Last increase June 26, 2005).
21. Request to grant Christopher Romero, Administrative Aide II,
Step 3, a merit step increase to Administrative Aide II, Step 2,
effective July 1, 2006 (Last increase July 1, 2005).
22. Request to grant Cindy Calzada, Senior Administrative
Assistant, Step 6, a merit step increase to Senior Administrative
Assistant, Step 5, effective July 1, 2006 (Last increase July 1,
2005).
23. Request to grant Armando Hinojos, Systems Coordinator I,
Step 4, a merit step increase to Systems Coordinator I, Step 3,
effective July 9, 2006 (Last increase July 10, 2005).
24. Request to grant Richard Villegas, Police Officer, Step 3, a
merit step increase to Police Officer, Step 2, effective July 19,
2006 (Last increase July 19, 2005).
End of Consent Calendar
13. RESOLUTION NO. 9079 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Software Purchase and Services Agreement By and
Between the City of Vernon and Visionair Inc. for Software for
the Vernon Police Department
It was moved by Gonzales, seconded by Davis, that item
number thirteen of the Consent Calendar (listed above) be removed
from the Consent Calendar. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the matters on the consent calendar, with the exception of item
number thirteen, be approved as recommended. Motion carried.
Request for authority for the Chief Deputy City
Attorney/Acting Risk Manager to file and prosecute small claims
actions on behalf of the City, was presented.
It was moved by Gonzales, seconded by Davis, to grant
authority to the Chief Deputy City Attorney/Acting Risk Manager
to file and prosecute small claims actions on behalf of the City.
Motion carried.
Request to approve Final Parcel Map No. 63140 for the
property located at 4901 Bandini Boulevard, was presented.
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Regular City Council Meeting Minutes
June 21, 2006
It was moved by Davis, seconded by McCormick, to
approve Final Parcel Map No. 63140 for the property located at
4901 Bandini Boulevard. Motion carried.
RESOLUTION NO. 9071 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Employment Agreement for Fire Chief Services, was read by
title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9071 be approved and adopted. Motion carried.
RESOLUTION NO. 9072 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the City's
Participation in the FY 2005 State Homeland Security Grant
Program by the Vernon Police Department, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9072 be approved and adopted. Motion carried.
RESOLUTION NO. 9073 - A Resolution of the City Council
of the City of Vernon Approving and Adopting the Annual Report on
the General Plan for Fiscal Year 2005-2006, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9073 be approved and adopted. Motion carried.
RESOLUTION NO. 9074 - 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
Innovative Waste Control, Inc. for Solid Waste Collection,
Disposal and Recycling Services, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9074 be approved and adopted. Motion carried.
RESOLUTION NO. 9075 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of an
Interconnection System Impact Study Agreement By and Between the
City of Vernon and Southern California Edison Company Regarding
the Vernon Power Plant, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9075 be approved and adopted. Motion carried.
Councilman Davis abstained and disqualified himself from voting
on this matter.
RESOLUTION NO. 9076 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a 2005 Amendment No. 1 to Administrative Services Agreement and a
2006 Amendment No. 1 to Administrative Services By and Between
the City of Vernon and United of Omaha Life Insurance Company,
was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9076 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
June 21, 2006
RESOLUTION NO. 9078 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a First Amendment to Standard Offer, Agreement And Escrow
Instructions for Purchase of Real Property By and Between the
City of Vernon and Dynamic Builders for Property Located at 4901
Bandini Boulevard, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9078 be approved and adopted. Motion carried.
RESOLUTION NO. 9081 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a City of Vernon License and Support Agreement Renewal By and
Between the City of Vernon and Decade Software Company, LLC for
Environmental Health Software and Services, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9081 be approved and adopted. Motion carried.
RESOLUTION NO. 9082 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Consulting Services Agreement By and Between the City of Vernon
and SKS Professional Services, Inc., dba MSW Consultants for
Solid Waste Consulting Services, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9082 be approved and adopted. Motion carried.
Councilman Davis was excused from the meeting at 5:25
p.m.
Warrant Register No. 1192 covering claims and demands
presented during the period of June 1 through June 14, 2006,
drawn on Bank of America totaling $1,631,938.87, which includes
Demand Nos. 311381 through 311589 (inclusive), excluding Void
Demand Nos. as listed below (Accounting period June 2006), was
presented.
311400, 311401, 311415 through 311420
It was moved by Gonzales, seconded by McCormick, that
Warrant Register No. 1192 be approved and payment authorized for
claims and demands totaling $1,631,938.87. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 157 covering claims and demands presented during the period
of June 1 through June 14, 2006, drawn on Bank of America
totaling $849,673.38, which includes Demand Nos. 502993 through
503038 (inclusive), excluding Void Demand Nos. as listed below
(Accounting period June 2006), was presented.
503001 through 503006
It was moved by McCormick, seconded by Gonzales, that
the Light & Power of the City of Vernon Warrant Register No. 157
be approved and payment authorized for claims and demands
totaling $849,673.38. Motion carried.
Councilman Davis re-entered the Council Chamber and
resumed the meeting in regular session at 5:27 p.m.
Page 8 of 9
Regular City Council Meeting Minutes
June 21, 2006
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 5:32 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Director of Community Services & Water, the
Acting City Clerk, members of the City Attorney's Office, and
outside Legal Counsel.
The Mayor Pro Tem ordered all communications to and
from closed session deemed privileged and confidential.
It was moved by Gonzales, seconded by Davis, that the
City Council go out of closed session and resume regular session,
the time being 5:45 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session with the Director of Community
Services & Water, the Acting City Clerk, and Legal Counsel
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.
It was reported out that the City Council had a
conference in closed session with the Acting City Clerk and Legal
Counsel regarding an Employee Performance Evaluation matter
pursuant to Government Code Section 54957, and that direction was
given to the Acting City Clerk on said matter.
It was reported out that the City Council had a
conference in closed session with Legal Counsel regarding the
following existing litigation case numbers pursuant to
subdivision (a) of Government Code Section 54956.9, and that no
action was taken on the cases listed under letters a through e,
and that direction was given to the Chief Assistant City Attorney
on case LASC No. BC 337476.
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
f. LASC No. BC 337476
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 5:45 p.m.
Motion carried.
ATTWT :
Bruce alkenhorst, Jr.
Acting Mty Clerk
v
Thomas A. YbaIrra
Mayor Pro Tempore
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