20070416 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
APRIL 16, 2007, AT 10:00 A.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the Regular City Council Meeting held April 2, 2007,
be approved and adopted as submitted. Motion carried.
The Acting City Administrator announced that now was
the time to present the Perfect Attendance Awards.
The Mayor Pro-Tem presented Perfect Attendance Awards
for the month of March to the following employees who were in
attendance.
EMPLOYEE NAME
JOB TITLE
D.O.H.
YEARS
Raquel Franco
Acting Payroll Clerk
11/26/01
2
Matthew Holtzendorff
Firefighter
03/22/99
8
Michael Pinnere
Firefighter
03/22/99
8
Dan Downing
Chief Deputy Director
03/01/87
20
The below listed employees were unable to attend the
meeting and their awards were forwarded to them.
EMPLOYEE NAME
JOB TITLE
D.O.H.
YEARS
Erik Knutson
Power Plant Performance Eng.
03/07/05
2
Vince Rodriguez
Project Engineer
05/13/84
3
Gabriel Aldrete
Utilityman IV
03/10/03
4
Adam Alvarez
Utilityman III
07/01/87
5
Debra Davis
Dispatcher
01/02/01
5
Lyndon Ong Yiu
Environmental Specialist
04/23/01
5
Eugenio Cerda
Police Officer
12/14/98
6
Allan Castro
Firefighter
03/13/00
7
Shahram Sharifzadeh
Systems Coordinator I
03/13/00
7
Robert Farrell
Firefighter
03/22/99
8
Anthony Fish
Firefighter
03/22/99
8
Chad McGovney
Firefighter
03/22/99
8
Derek Meyer
Firefighter
03/22/99
8
Andrew Smith
Firefighter
03/22/99
8
Norman Sutherlin
Firefighter
03/22/99
8
Paul Cerda
Police Officer
03/29/98
9
Pete Torres
Fire Engineer
10/24/88
10
Brandon Gray
Sergeant
07/10/95
11
Jose Pereyra
Field Crew
07/16/90
14
Patrick Keye
Systems Coordinator I
08/05/84
16
Eliseo Genera
Civilian Court Officer
04/28/86
17
The Acting City Administrator announced that now was
time for anyone in the audience who wished to address the City
Council on any agenda or non -agenda items other than with regard
to any public hearings that may be listed.
Regular City Council Meeting Minutes
April 16, 2007
The Mayor asked if there was anyone in the audience
who wished to address the City Council at this time.
There was no one who wished to address the City
Council at this time.
ORDINANCE NO. 1132 - An Ordinance of the City Council
of the City of Vernon Approving and Authorizing an Amendment to
the Contract Between the City Council of the City of Vernon and
the Board of Administration of the Public Employees' Retirement
System, was read by title for a second and final reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1132 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
The Acting City Administrator announced that now was
the time to open the public hearing to consider a conditional use
permit for Gilbert Ayala dba Premier Billboard to construct and
operate an outdoor advertising billboard at 3278 Slauson Avenue.
It was moved by Ybarra, seconded by Gonzales, to open
the public hearing to consider a conditional use permit for
Gilbert Ayala dba Premier Billboard to construct and operate an
outdoor advertising billboard at 3278 Slauson Avenue, the time
being 10:05 a.m. Motion carried.
The Director of Community Services & Water summarized
the staff report on this matter.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
Mr. Gilbert Ayala addressed the City Council and
advised that the billboard is consistent with the regulations
set forth in the City's Municipal Code.
The Mayor asked if there was anyone else who wished to
address the City Council on this matter.
There was no one else who wished to address the City
Council on this matter.
It was moved by McCormick, seconded by Davis, to close
the public hearing to consider a conditional use permit for
Gilbert Ayala dba Premier Billboard to construct and operate an
outdoor advertising billboard at 3278 Slauson Avenue, the time
being 10:14 a.m. Motion carried.
RESOLUTION NO. 9292 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit for
Gilbert Ayala dba: Premier Billboard to Construct and Operate an
Outdoor Advertising Billboard Located at 3278 Slauson Avenue,
was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9292 be approved and adopted. Motion carried.
Page 2 of 10
Regular City Council Meeting Minutes
April 16, 2007
The Acting City Administrator announced that now was
the time to open the public hearing to consider a variance from
Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance for
Ofer Kashanian, located at 4950 49th Street, to utilize two non-
conforming truck loading spaces.
It was moved by McCormick, seconded by Davis, to open
the public hearing to consider a variance from Section 26.4.2-
8(c) of the Comprehensive Zoning Ordinance for Ofer Kashanian,
located at 4950 49th Street, to utilize two non -conforming truck
loading spaces, the time being 10:15 a.m. Motion carried.
The Director of Community Services & Water summarized
the staff report on 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 who wished to address the City
Council on this matter.
It was moved by Gonzales, seconded by Davis, to close
the public hearing to consider a variance from Section 26.4.2-
8(c) of the Comprehensive Zoning Ordinance for Ofer Kashanian,
located at 4950 49th Street, to utilize two non -conforming truck
loading spaces, the time being 10:19 a.m. Motion carried.
RESOLUTION NO. 9293 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Ofer Kashanian from
Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for
the Property Located at 4950 49th Street in the City of Vernon,
was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9293 be approved and adopted. Motion carried.
The Consent Calendar was presented.
CONSENT CALENDAR
City Clerk's Office
1. Request for authorization for personnel to attend the
following:
• "Records Retention, Retrieval, and Destruction Seminar"
Community Services & Water Department
2. Request for authorization for personnel to attend the
following:
• "CALBO Model Code and State Amendments Training"
• "Pesticide Application Seminar"
Fire Department
3. Fire Department Activity Report for the period of March 15
through March 31, 2007, to be received and filed.
Page 3 of 10
Regular City Council Meeting Minutes
April 16, 2007
Health Department
4. Health Department Report for the month of March 2007, to be
received and filed.
Light & Power Department
5. Request for authorization for a contract consultant to
attend the following:
• "Air & Waste Management Association's Annual Conference"
6. Request for authorization for personnel to attend the
following:
• "SEL University SEL-387 Seminar (APP87)" (2)
Police Department
7. Request for authorization for personnel to attend the
following:
• "Cross -Cultural Communication Course"
• "Advanced Access Course"
8. Police Department Activity Log for the period of March 15
through March 31, 2007, to be received and filed.
Risk Management Department
9. Request for authorization for personnel to attend the
following:
• "Compliance is Not Optional: What Every Employer Must
Know About Statutory Leave of Absence Laws Seminar"
• "Human Resources Conference"
• "Records Retention, Retrieval, and Destruction Seminar"
• "Essentials of Human Resources and the Law Seminar"
10. Risk Management Report for the month of March 2007, to be
received and filed.
Treasurer's Department
11. Ratification of City of Vernon Requisitions from the Legal
Counsel Disbursement Custody Escrow Account No. 800458 covering
claims and demands presented during the period of March 29
through April 11, 2007, drawn on The Bank of New York Trust
Company, N.A. totaling $192,599.03, which includes Requisition
Nos. LCD079 through LCD082 (inclusive).
12. Ratification of the issuance of checks for Payroll Warrant
Register No. 610 covering claims and demands presented during
the period of February 4 through March 17, 2007, drawn on Bank
of America totaling $3,588,771.06, which includes Check Nos.
9305 through 9328 (Accounting period March 2007).
End of Consent Calendar
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Regular City Council Meeting Minutes
April 16, 2007
It was moved by Ybarra, seconded by Davis, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
Request from the Acting City Administrator for
authorization to transmit informational communications to the
Vernon business community on an as needed basis, was presented.
It was moved by Ybarra, seconded by Gonzales, to grant
authorization to the Acting City Administrator to transmit
informational communications to the Vernon business community on
an as needed basis. Motion carried.
Request from the Director of Light & Power to approve
and execute Change Order No. One to the contract with Interstate
Gas Services, Inc. in the not to exceed amount of $50,000.00,
was presented.
It was moved by Gonzales, seconded by Davis, to
approve Change Order No. One to the contract with Interstate Gas
Services, Inc. in the not to exceed amount of $50,000.00.
Motion carried.
Request from the Director of Light & Power to issue a
purchase order to Wood Group Field Services, Inc. in the amount
of $75,000.00 for the MGS planned outage of May 6 through 12,
2007, was presented.
It was moved by McCormick, seconded by Ybarra, to
approve the issuance of a purchase order to Wood Group Field
Services, Inc. in the amount of $75,000.00 for the MGS planned
outage of May 6 through 12, 2007. Motion carried.
RESOLUTION NO. 9287 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Payment of the
City's Portion of the Budget for Implementation of the Southeast
Cities Schools Coalition, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9287 be approved and adopted. Motion carried.
RESOLUTION NO. 9288 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Project Labor Agreement for the Vernon Power Plant Project By
and Between the City of Vernon and the State Building and
Construction Trades Council of California, the Los
Angeles/Orange Counties Building and Construction Trades Council
and Local Unions, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9288 be approved and adopted. Motion carried.
RESOLUTION NO. 9289 - A Resolution of the City Council
of the City of Vernon Approving, Ratifying and Authorizing the
Execution of Confidentiality Agreements with Various Parties
Relating to the Vernon Power Plant and the Coldwater Project,
was read by title.
The Mayor asked what the Coldwater Project is.
Page 5 of 10
Regular City Council Meeting Minutes
April 16, 2007
The Acting City Administrator advised that the
Coldwater Project is the temporary sale of assets related to the
Malburg Generating Station and the Vernon Power Plant Project.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9289 be approved and adopted. Motion carried.
RESOLUTION NO. 9290 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Lease of Parking Lot By and Between the City of Vernon and
Windowbox.Com, Inc. for a Portion of 2265 38th Street in the City
of Vernon, was read by title.
Mr. Ben Swett of Windowbox.Com addressed the City
Council and thanked them for supporting small businesses.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9290 be approved and adopted. Motion carried.
RESOLUTION NO. 9291 - A Resolution of the City Council
of the City of Vernon Renaming a Portion of 26th Street to
Pennington Way in the City of Vernon and Designating said Street
as a Public Street, was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9291 be approved and adopted. Motion carried.
RESOLUTION NO. 9294 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9094 and Ratifying
the Actions Taken Regarding Increases to Loss Limits, Physical
Damage Values and Business Interruption Limits of Commercial
Insurance Policies Through Arthur J. Gallagher & Co., was read
by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9294 be approved and adopted. Motion carried.
RESOLUTION NO. 9295 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9089 by Amending
Page 17 of Schedule II (Exhibit B) of said Resolution Regarding
the Compensation, Costs and Benefits of its Employees, was read
by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9295 be approved and adopted. Motion carried.
RESOLUTION NO. 9296 - A Resolution of the City Council
of the City of Vernon Authorizing the Galliera, Inc., dba Trico
Construction, Under the Direction and Management of the Director
of Community Services & Water to Renovate, Reconstruct and
Remodel all the City -Owned Housing, was read by title.
The Acting City Administrator summarized the details
related to Resolution No. 9296 and recommended that the
following conditions be incorporated into section 2 of said
resolution:
1. "...cost not to exceed $165,000.00 per unit."
2. "...under the direction and management of the Director
of Community Services & Water, Acting City
Administrator and City Attorney..."
Page 6 of 10
Regular City Council Meeting Minutes
April 16, 2007
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9296 be approved and adopted with the addition of
the aforementioned conditions. Motion carried.
RESOLUTION NO. 9297 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Lease Agreement By and Between the City of Vernon and Camino
Real Chevrolet for a Suburban Flex Fuel Vehicle, was read by
title.
Councilman Davis asked what a flex fuel vehicle is.
The Acting City Administrator explained that flex fuel
vehicles utilize alternative types of fuel.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9297 be approved and adopted. Motion carried.
RESOLUTION NO. 9298 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Lease Agreement By and Between the City of Vernon and Alvarez
Lincoln Mercury for a Sedan Flex Fuel Vehicle, was read by
title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9298 be approved and adopted. Motion carried.
RESOLUTION NO. 9299 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase Contract By and Between the City of Vernon
and Motorola, Inc., was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9299 be approved and adopted. Motion carried.
RESOLUTION NO. 9300 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
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 Expansion,
was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9300 be approved and adopted. Motion carried.
RESOLUTION NO. 9301 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
an Access Agreement By And Between The City Of Vernon and
Windowbox.com, Inc. for Property Located at 2265 38th Street in
the City of Vernon, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9301 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1215, covering claims and demands presented
during the period of March 29 through April 11, 2007, drawn on
Bank of America totaling $83,178.56, which includes Check Nos.
315560 through 315597, excluding void Check No. 315564
(Accounting period April 2007), was presented.
Page 7 of 10
Regular City Council Meeting Minutes
April 16, 2007
It was moved by Ybarra, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1215,
covering the payment of claims and demands totaling $83,178.56,
be ratified. Motion carried.
Ratification of wire transfers for Warrant Register
No. 1215, covering claims and demands presented during the
period of March 29 through April 11, 2007, drawn on Bank of
America totaling $241,167.38, which includes Wire Nos. W00217
through W00219, (Accounting period April 2007), was presented.
It was moved by Davis, seconded by Gonzales, that wire
transfers for Warrant Register No. 1215, covering the payment of
claims and demands totaling $241,167.38, be ratified. Motion
carried.
Warrant Register No. 1215, covering claims and demands
presented during the period of March 29 through April 11, 2007,
drawn on Bank of America totaling $718,291.25, which includes
Check Nos. 315598 through 315728, excluding void Check Nos.
listed below, (Accounting period April 2007), was presented.
315598 through 315603
It was moved by Davis, seconded by Ybarra, that
Warrant Register No. 1215 be approved and payment authorized for
claims and demands totaling $718,291.25. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 180, covering claims and demands
presented during the period of March 29 through April 11, 2007,
drawn on Bank of America totaling $66,229.73, which includes
Check Nos. 504069 through 504078 (Accounting period April 2007),
was presented.
It was moved by Ybarra, seconded by Gonzales, that the
issuance of early checks for Light & Power Warrant Register No.
180, covering claims and demands totaling $66,229.73, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself from voting on this matter.
Ratification of wire transfers for Light & Power
Warrant Register No. 180, covering claims and demands presented
during the period of March 29 through April 11, 2007, drawn on
Bank of America totaling $1,615,585.04, which includes Wire Nos.
W03486 through W03497, (Accounting period April 2007), was
presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Light & Power Warrant Register No. 180,
covering claims and demands totaling $1,615,585.04, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself from voting on this matter.
Light & Power Warrant Register No. 180, covering
claims and demands presented during the period of March 29
through April 11, 2007, drawn on Bank of America totaling
$250,930.46, which includes Check Nos. 504079 through 504120,
excluding void Check Nos. listed below, (Accounting period April
2007), was presented.
504079 through 504084
Page 8 of 10
Regular City Council Meeting Minutes
April 16, 2007
It was moved by Ybarra, seconded by Gonzales, that
Light & Power Warrant Register No. 180 be approved and payment
authorized for claims and demands totaling $250,930.46. Motion
carried.
The Acting City Administrator announced that now was
the time for elected officials to report on conferences/seminars
attended during the period of April 3 through April 16, 2007.
Elected officials had nothing to report at this time.
The Acting City Administrator announced that now was
the time for reports from departments.
The Fire Chief thanked the City Council for adopting
Ordinance No. 1132.
The Acting Chief of Police thanked the City Council
for approving Resolution No. 9291.
The Director of Personnel provided an update on the
successful conversion of the Perfect Attendance Program to the
Sick Leave Program and the appreciation expressed by City
employees with regard to the new program.
The City Treasurer advised that all departments are
currently working on their budgets and provided an update on the
new finance system, which is scheduled to go live on May 15,
2007.
The Director of Environmental Health had nothing to
report at this time.
The Director of Community Services & Water provided
updates on the following:
• Construction of Fire Station #2;
• Notification letter mailed to the Vernon Elementary
School regarding the City's emergency generator as
part of the South Coast Air Quality Management
District's permitting requirements;
• Construction of the 26th Street bridge;
• Water tower sandblast project; and
• Design of a dedication plaque for Fire Station #2
The Director of Light & Power summarized the Malburg
Generating Station reliability and capacity updates, explained
the planned outage scheduled to occur in May 2007, and provided
an update on the transmission distribution loss due to a power
pole that was lost as a result of gusty winds.
The Acting City Administrator 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 11:23 a.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Acting City Administrator, the City Attorney,
and members of the City Attorney's office.
Page 9 of 10
Regular City Council Meeting Minutes
April 16, 2007
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
It was moved by Ybarra, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 11:44 a.m. Motion carried.
It was reported out that the City Council had a ,
conference in closed session with legal counsel regarding the
following existing litigation cases pursuant to subdivision (a)
of Government Code Section 54956.9, and no action was taken with
respect to said cases.
a. LASC No. BC 331516
b. LASC No. BS 101423
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Davis, that the meeting be adjourned, the time being 11:44
a.m. Motion carried.
L{q�/P
eonis C. Mal urg
Mayor
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