20060816 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
AUGUST 16, 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 Resolution No. 9114,
approving and authorizing the execution of an Interconnection
Facilities Study Agreement with the California Independent System
Operator Corporation regarding the Vernon Power Plant, was
brought to the Acting City Clerk's attention after the agenda was
posted and asked that a vote be taken to find that there is a
need to take immediate action and to add said resolution to
tonight's agenda.
It was moved by Ybarra, seconded by McCormick, to add
Resolution No. 9114 to tonight's agenda. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
The City Attorney advised that a presentation of
California Highway Patrol (CHP) 10851 Awards to certain Vernon
Police Officers should be added to tonight's agenda.
Captain Towles introduced California Highway Patrol
Lieutenant Paul Milkovich.
Lieutenant Milkovich provided the details regarding the
California Highway Patrol 10851 Awards, presented said awards to
Officers Zozaya, Estrada, and Valenzuela, and congratulated them
on their efforts and achievements in recovering stolen vehicles.
The Mayor congratulated the Vernon Police Officers on
behalf of the entire City Council.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the Regular City Council Meeting held August 2, 2006,
be approved and adopted. Motion carried.
The City Attorney announced that now was the time to
present the Perfect Attendance Awards.
The Mayor presented Perfect Attendance Awards for the
month of July to the following employees who were in attendance.
NAME
Brian Edmisten
Tyler Shook
Audra Hunter
Timothy Behen
Jonathan Flagler
Lissette Melendez
JOB TITLE
Firefighter
Firefighter
Sr. Administrative Assistant
Firefighter
Firefighter
Engineering Associate
D.O.H.
YEARS
07/19/04
2
07/14/03
3
11/28/88
3
07/29/02
4
07/29/02
4
07/29/02
4
Regular City Council Meeting Minutes
August 16, 2006
NAME
Teresa Nelson
Jerrick Torres
Ignacio Estrada
Mark Whitworth
Sergio Canales
Ali Nourmohamadian
David Taylor
David Lazar
Jeff Wightman
Steve Hartsfield
JOB TITLE
D.O.H.
Sr. Dispatcher
07/15/02
Environmental Health Specialist
07/22/02
Police Officer
01/08/01
Fire Chief
06/26/89
Planning Assistant
07/04/99
Fiber Optics/Gas Systems Mgr.
07/01/90
Gas Systems Superintendent
07/13/98
Assistant Fire Chief
05/16/88
Utilityman III
03/16/86
Utilityman II
12/16/85
The below listed employees were unable to attend the
meeting and their awards were forwarded to them.
NAME
JOB TITLE
Jeremy Cross
Police Officer
Paul Hallenberg
Firefighter
Jonathan Sudduth
Firefighter
Jonathan Van Oeffelen
Firefighter
David Hickman
Firefighter
Luis Vasquez
Police Officer
Christopher Shields
Firefighter
Fabien Reyes
Firefighter
Robert Zepeda
Utilityman IV
Phillip Swinford
Police officer
Michael Roche
Captain
Darren Simpkins
Firefighter
Rex Hill
Sergeant
The Mayor called a short recess at 5:10 p.m.
D.O.H.
07/12/04
07/19/04
07/19/04
07/19/04
07/14/03
03/10/02
07/29/02
07/29/02
07/01/02
03/16/98
09/18/89
02/26/90
12/08/85
YEARS
4
4
5
6
7
7
8
10
12
17
YEARS
The City Council reconvened in regular session at 5:15
p.m., all members present before the recess again being present.
Fire Department Activity Report for the period August
1st through August 15th, 2006, was presented.
It was moved by Gonzales, seconded by Davis, that the
Fire Department Activity Report for the period August 1st through
August 15th, 2006, be received and filed. Motion carried.
2
2
2
2
3
3
4
4
4
5
6
12
16
Police Department Activity Log for the period August 1st
through August 15th, 2006, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period August 1st
through August 15th, 2006, be received and filed. Motion carried.
Health Department Report for the month of July 2006,
was presented.
It was moved by Ybarra, seconded by Davis, that the
Health Department Report for the month of July 2006 be received
and filed. Motion carried.
presented.
Risk Management Report for the month of July 2006, was
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August 16, 2006
It was moved by Gonzales, seconded by Ybarra, that the
Risk Management Report for the month of July 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.
Mr. Ronald Garcia, representing Southern California
Edison, provided updates on the recent heat wave, the proposed
restoration of Edison's infrastructure, and the recent utility
increase.
The Mayor asked if there was anyone else who wished to
address the City Council at this time.
There was no one else wishing to address the City
Council at this time.
ORDINANCE NO. 1122 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Adding a New Chapter 31 Relating to the City
of Vernon's Natural Gas System and Repealing All Ordinances or
Parts of Ordinances in Conflict Therewith, was read by title for
a first reading.
The Director of Light & Power summarized this matter.
It was moved by McCormick, seconded by Davis, that
Ordinance No. 1122 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 regarding a resolution for self -
certification of the 2005-2006 Local Development Report as
required by MTA and outlined in the CMP Land Use Analysis Program
for the City of Vernon.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing regarding a resolution for self -certification
of the 2005-2006 Local Development Report as required by MTA and
outlined in the CMP Land Use Analysis Program for the City of
Vernon, the time being 5:25 p.m. Motion carried.
The Director of Community Services & Water summarized
this matter.
The Mayor asked if there was anyone who wished to
address the City Council on this matter.
There was no one wishing to address the City Council on
this matter.
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August 16, 2006
It was moved by McCormick, seconded by Davis, to close
the public hearing regarding a resolution for self -certification
of the 2005-2006 Local Development Report as required by MTA and
outlined in the CMP Land Use Analysis Program for the City of
Vernon, the time being 5:28 p.m. Motion carried.
RESOLUTION NO. 9109 - A Resolution of the City Council
of the City of Vernon Finding the City of Vernon to be in
Conformance With the Congestion Management Program (CMP) and
Adopting the CMP Local Development Report, in Accordance With
California Government Code Section 65089, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9109 be approved and adopted. Motion carried.
The Consent Calendar was presented.
Consent Calendar
Legal Department
1. Ratification of City of
Counsel Disbursement Custody
claims and demands presented
August 9, 2006, drawn on The
totaling $163,927.43, which
through LCDO15 (inclusive).
Light & Power Department
Vernon Requisitions from Legal
Escrow Account No. 800458 covering
during the period of July 27 through
Bank of New York Trust Company, N.A.
includes Requisition Nos. LCDO13
2. Ratification of City of Vernon Requisitions from Light &
Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of July 28 through August 9,
2006, drawn on The Bank of New York Trust Company, N.A. totaling
$193,813.19, which includes Requisition Nos. CE317 through CE319
(inclusive).
3. Ratification of City of Vernon Requisitions from the Citi
Gas Custody Escrow Account No. 800457 covering claims and demands
presented during the period of July 27 through August 9, 2006,
drawn on The Bank of New York Trust Company, N.A. totaling
$78,870.00, which includes Requisition No. CG004.
Police Department
4. Requesting authority for personnel to attend the following:
• "Terrorism Liaison Officer Course"
• "Forensic Science for Law Enforcement Managers Seminar"
Treasurer's Department
5. Ratification of City of Vernon Requisitions from General
Custody Escrow Account No. 800455 covering claims and demands
presented during the period of July 27 through August 9, 2006,
drawn on The Bank of New York Trust Company, N.A. totaling
$3,400.00, which includes Requisition No. GCE024.
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Regular City Council Meeting Minutes
August 16, 2006
6. Payroll Warrant Register No. 602 covering claims and demands
presented during the period of June 11 through July 8, 2006,
drawn on Bank of America totaling $2,275,777.55, which includes
Demand Nos. 9043 through 9057 (inclusive), with no voids
(Accounting period July 2006).
Finance Committee
7. Ratification of the issuance of a purchase order to Vasilj,
Inc. in the amount of $16,580.00 for the realignment of a sewer
lateral.
8. Request to ratify the execution of Work Authorization No.
PM-80A-06-MGS to the contract with with Galliera Inc., dba Trico
Construction ("Trico") in the amount of $21,817.46 for the
continuation of Electrical Interconnect and Field Service for the
installation of fans.
Personnel Committee
9. Request to grant Claudia Arellano, Department Secretary,
Step 2, a merit step increase to Department Secretary, Step 1,
effective September 3, 2006 (Last increase September 4, 2005).
10. Request to grant Richard Velazquez, Vernon Service Officer,
Step 7, a merit step increase to Vernon Service Officer, Step 6,
effective September 17, 2006 (Last increase September 18, 2005).
End of Consent Calendar
It was moved by Gonzales, seconded by McCormick, that
the matters on the consent calendar be approved as recommended.
Motion carried.
Request to appoint Mayor Pro Tem Thomas Ybarra as the
voting delegate and Councilman William Davis as the voting
alternate at the League of California Cities Conference on
September 6 through 9, 2006, was presented.
It was moved by Gonzales, seconded by McCormick, to
appoint Mayor Pro Tem. Thomas Ybarra as the voting delegate and
Councilman William Davis as the voting alternate at the League of
California Cities Conference on September 6 through 9, 2006.
Motion carried.
RESOLUTION NO. 9104 - A Resolution of the City Council
of the City of Vernon Appointing Martha Valenzuela as Director of
Personnel, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9104 be approved and adopted. Motion carried.
RESOLUTION NO. 9105 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8764 Respecting
Vacation Policies for Employees of the City of Vernon and
Repealing All Resolutions in Conflict Therewith, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9105 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
August 16, 2006
RESOLUTION NO. 9106 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9089 by Amending
Section 23b(4), Adding a New Section 23c, Amending Page 13
(Exhibit B), Schedule III (Exhibit C) and Schedule IV (Exhibit D)
of Said Resolution Which Fixed the Compensation for Certain
Employees of Said City and Authorized Certain Expense Allowances,
was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9106 be approved and adopted. Motion carried.
RESOLUTION NO. 9107 - 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 Lehman
Brothers Inc. for Financial Advisory Services Regarding the
Malburg Generating Station, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9107 be approved and adopted. Motion carried.
RESOLUTION NO. 9108 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Mutual Aid Agreement for Exchange of Fire, Rescue, and
Emergency Medical Services By and Among the Cities of Compton,
Downey, Montebello, La Habra Heights, Santa Fe Springs, Vernon
and Long Beach, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9108 be approved and adopted. Motion carried.
RESOLUTION NO. 9110 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Filing of a
California Law Enforcement Telecommunications System (Clets)
Application With the Attorney General, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9110 be approved and adopted. Motion carried.
The City Attorney advised that the following matter
should be removed from the agenda.
RESOLUTION NO. 9111 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9088, Which
Approved a Budget for the Fiscal Year 2006-2007, to Reflect
Changes
It was moved by Davis, seconded by McCormick, that
Resolution No. 9111 be removed from the agenda. Motion carried.
RESOLUTION NO. 9112 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Two to Agreement for Professional Consulting
Services By and Between the City of Vernon and John Kruissink,
was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9112 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
August 16, 2006
RESOLUTION NO. 9113 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of an
Amendment to the Transmission Control Agreement Among the
California Independent System Operator Corporation, the
Participating Transmission Owners and Prospective New
Participating Transmission Owners, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9113 be approved and adopted. Motion carried.
RESOLUTION NO. 9114 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Interconnection Facilities Study Agreement By and Between the
City of Vernon and the California Independent System Operator
Corporation Regarding the Vernon Power Plant, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9114 be approved and adopted. Motion carried.
Mayor Malburg and Councilman Davis were excused from
the meeting at 5:38 p.m.
Warrant Register No. 1199 covering claims and demands
presented during the period of July 27 through August 9, 2006,
drawn on Bank of America totaling $1,030,205.56, which includes
Demand Nos. 312145 through 312312 (inclusive), excluding Void
Demand Nos. listed below (Accounting period August 2006), was
presented.
312163, 312171 through 312176
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1199 be approved and payment authorized for
claims and demands totaling $1,030,205.56. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 164 covering claims and demands presented during the period
of July 27 through August 9, 2006, drawn on Bank of America
totaling $3,672,007.52, which includes Demand Nos. 503234 through
503261 (inclusive), excluding Void Demand Nos. listed below
(Accounting period August 2006), was presented.
503241 through 503246
It was moved by Gonzales, seconded by McCormick, that
Light & Power of the City of Vernon Warrant Register No. 164 be
approved and payment authorized for claims and demands totaling
$3,672,007.52. Motion carried.
Mayor Malburg and Councilman Davis re-entered the
Council Chamber and resumed the meeting in regular session at
5:40 p.m.
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 5:41 p.m.
Motion carried.
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Regular City Council Meeting Minutes
August 16, 2006
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 6:15 p.m. Motion carried.
It was reported out that the City Council had a
conference with Legal Counsel in closed session regarding
existing litigation pursuant to subdivision (a) of Government
Code Section 54956.9, and that settlement authority was given to
the City Attorney's office for case number LASC No. BC342242, and
that no action was taken on the following cases:
a. LASC No. BC 331516
b. LASC No. BC 343370
C. LASC No. BS 101423
It was reported out that the City Council had a
conference with Legal Counsel in closed session regarding one
case of anticipated litigation pursuant to subdivision (b) of
Government Code Section 54956.9, and that direction was given to
deny said claim.
It was moved by McCormick, seconded by Davis, that the
meeting be adjourned to September 5, 2006, at 5:00 p.m., the time
being 6:15 p.m. Motion carried.
ATTES
Bruce V. Malkenhorst, Jr.
Acting City Clerk
Leonis C. Mal�Qurg
Mayor
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