20040204 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
FEBRUARY 4, 2004, 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,
It was moved by Ybarra, seconded by Davis, that the
Minutes of the Adjourned Regular City Council Meeting held
January 28, 2004, be approved and ,adopted as submitted. Motion
carried.
The Mayor. presented. Service Pins to the 'following
employees and extended congratulations on behalf of the entire
City,,Council .,
Maria Garcia Police Officer 5 years
Jerry Chavez Police Officer 10 years
Inez Aragon Detective 15, years
Manuel Morales Util;ityman III 15 years
Carlos Fandino Engineering & Operations
Project Manager 15 years
Glenn Burdick Electronics Technician 15 years
The following employee was unable to attend the
meeting and his service pin was accepted by his respective
department head.
Roy Ness Util.tyman II 20 years
Police Department Activity Log for the period,
January 16 through 31, 2004, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period January 16
through 31, 2004, be received and filed. Motion carried.
Fire Department Activity Report for the period
January 16 through 31, 2004,, was presented.
It was moved by Davis, seconded by Ybarra, that the
Fire Department Activity Report for the period January 16
through 31, 2004, be received and filed. Motion carried.
The 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.
The Mayor asked if there was anyone in the audience
who wished to address the Council at this time,
There was no one in the audience who wished to address
the Council
Regular City Council. Meeting Minutes
February 4, 2004
RESOLUTION NO. 8355 A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase and Professional Services Contract By and
Between the City of Vernon and Hampton.Tedder Electric Co., Inc,
for the Malburg Generating Station Project, was presented.
(Deferred from City Council Meeting held January 28, 2004.)
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8355 be approved and adopted. Motion carried,
The City Clerk asked that the 'following communication
dated January 22, 2004, and Resolution No. 8353 be removed from
the agenda.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated January'22, 2004, advising that
on January 6, 2004, the Finance Committee recommended that a
contrast with Fisher Scientific Company, LLC be prepared for the
purchase of personal protective equipment for the Fire
Department.
The contract has,been prepared and reviewed by the•Acting City
Attorney and it is hereby recommended that the following
resolution be approved.
RESOLUTION NO. 8353 - 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 Fisher Scientific Company LLC for Personal Protective
Equipment for the Fire Department.
It was moved Ybarra; seconded by Davis, that the
aforementioned communication and resolution be remove from the
agenda Motion carried.
Communication from Bruce V. Ma1'kenhorst, City
Admini.strator/City Clerk, dated January 29, 2004, was presented,
advising that the Community Services and Water Department is
requesting that the City pre -qualify contractors for the
reconstruction of -Fire Station No. 2, the remodeling of the
Police Department's locker rooms, and the Public Works facility.
This has been reviewed by the City Attorney and it is hereby
recommended that the following resolution be ,approved.
It was moved by Ybarra, seconded by Gonzales,_ that the
aforementioned communication from the City Administrator/City
Clerk, dated January 29, 2004, bereceivedand filed and his
recommendations approved. Motion carried.
RESOLUTION NO. 8369 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a Request for
Pre -Qualification of Bidders for the Construction of Fire
Station No. 2 and the Remodeling of Portions of the City Police
Station and Public Works Facility, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8369 be approved and adopted. Motion carried.
Page 2 of 7
Regular City Council Meeting Minutes
February 4, 2004
Communication from Steven Parker, Fire Chief, dated
November 26, 2003, was presented, requesting authority and funds
for himself to attend the "Los Angeles Area Fire Chiefs'
Association Bear Paw Conference" at Lake Arrowhead on March 31
through April 2,, 2004, with an expense allowance of $350.00,
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for Fire Chief' Steven Parker to
attend the aforementioned conference with an expense allowance>
of $350.00. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health; was presented, dated January 19, 2004,
requesting authority and funds for Environmental Specialist -
Brett Koontz to attend the "6th Annual California Unified Program
Training Conference" at Santa Clara on February 2 through 5,
2004, with an expense allowance of of $869,80.,
It was moved by Davis, seconded by Gonzales, that
authority and funds be approved for Brett Koontz to attend the
aforementioned conference with an expense allowance of $869.80
Motion carried.
Communication from Bruce Olson, Chief of Police, dated
January 27, 2004, was pres.ented, requesting authority and funds
for the below listed police personnel to attend the "Arrest and
Control Instructor Recertification Course" at Los Angeles on
March 1 through 3, 2004,, with an expense allowance of $510,40
of which POST will reimburse $380.32.
• Nicholas Perez, Detective
• Anthony Encinas, Police Officer
• Oscar Zozaya, Police Officer
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for above listed Police Officers
to attend the aforementioned course with an expense allowance of
$510,40 each. Motion carried.
Communication from Bruce Olson, Chief of "Police, dated
January 27, 2004, was presented, requesting authority and funds,
for Secretary Melody Falvo to attend the "Management Skills for
Secretaries, Administrative Assistants, and Support Staff
seminar" at Anaheim on March-1 through 3, 2004, with an expense
allowance of $203.40
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for Melody Falvo to attend the
aforementioned seminar with an expense allowance of $203.40
each. Motion carried.
Communication from Bruce V. Malkenhorslt, Director of
Finance, dated January 29, 2004, was presented, transmitting the
Agenda for the Adjourned City Council Meeting - Finance
Committee Section to be held on February 3, 2004, for approval
of the recommendations contained therein.
Page 3 of 7'
Regular City Council Meeting Minutes
February 4, 2004
It was moved by Davis, seconded by Ybarra that the
recommendations on the Agenda for the Adjourned City Council
Meeting - Finance Committee Section to be held on February 3,
2004, be approved with the exemption of communications regarding
the salary resolution and Automatic Data Processing regarding
payroll. Motion carried..
The City Clerk advised the Council that Resolution No
8364 should be deferred
RESOLUTION NO. 8364 - A Resolution of the City Council
of the City of Vernon Amending Schedule II, Exhibit "B," Pages
13-16 of Resolution No. 8228 which Fixed the Compensation for
Certain Employees of said City and Authorized Certain Expense
Allowances. -
It was moved Gonzales, seconded by Davis, that the
aforementioned resolution be deferred to the next council
meeting. Motion carried.
The City Clerk advised the Council that Resolution No...
8367 should be deferred.
RESOLUTION NO. 8367 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement with Automatic Data Processing -Regarding Payroll,,
It was moved Davis, seconded by Ybarra, that the
aforementioned resolution bedeferredto the next council
meeting,, Motion carried.
RESOLUTION NO. 8368 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Two to Maintenance Agreement with VCI Telcom,'
Inc, was presented,
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8368 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated January 29, 2004 was presented, transmitting
the Agenda for the Adjourned Regular City Council Meeting
Personnel Committee Section to be held on February 4, 2004, for
approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Ybarra, that the
recommendations on the Agenda for the Adjourned Regular City
Council Meeting- Personnel Committee Section to be held on
February 4, 2004,.be approved with the exception of the
communications regarding the Information Technology Division.
Motion` carried„
Warrant Register No. 1131 covering claims and demands
presented during the period of January 22, 2004 through January
28, 2004, drawn on Bank of America totaling $201,472.91, which
includes demand nos. 214454 through 214SBI (inclusive), and
excluding Light & Power's demands (Accounting period February
2004)
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Regular City Council Meeting Minutes
February 4, 2004
It was moved by Davis, seconded by.McCormick, that
Warrant Register No. 1131 be approved and payment authorized for
claims and demands totaling $201,472,91,,, Motion carried.
Warrant Register No. 1131 cove -,ring claims and demands
presented during the period of January 22, 2004 through January
28, 2004, drawn on Bank of America totaling $1,226,964.88, which
includes Light & Power's demand nos., as listed below:
(Accounting period February 2004).
214460 214464 214465 214467 214469 214471
214473 214474 214484 214487 214509 23.4513
214515 214524 214526 214527 214533 214540
214546 214555 214558 214559 214566 214571
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1131 be approved and payment authorized for
Light & Power's claims and demands totaling $1,226,964.88.
Motion carried. Councilman Davis abstained from. voting and
,disqualified himself because it is reasonably -foreseeable that
the decision may have a material financial,effect on his source
of income.
RESOLUTION NO. 8366 - A Resolution of the City Council
of the City of 'Vernon, California, Appointing Hilario Gonzales
and William J. Davis to the City Council Offices that were to be
Elected on Tuesday, April 13, 2004, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8366 be approved and adopted. Motion carried.
The Mayor called a short recess at 5:30 p.m.
The City Council reconvened in regular session at 5:35
p.m., all members present before the recess again being present,.;.
The City Clerk advised that now was the time to go
into closed session on Item No. l.b.
All persons were excluded from closed session with the
exception of the City:Administrator/City Clerk, Acting City
Attorney, and Assistant to the Chief Deputy City Clerk.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential:.
1. With respect to ,every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
b. EMPLOYEE PERFORMANCE EVALUATION'
It was moved by Ybarra, seconded by Gonzales, that the
City Council go into closed session on Item No. 1..b., the time
being 5:35 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
City Council go out of closed session on Item No. 1.b., the time
being 5:38 p.m. Motion carried.
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Regular City Council Meeting Minutes
February 4, 2004
The City Clerk advised that there was nothing to
discuss on Item Nos: 2 and 3.
2. With respect to every item of business to be -
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54957.
a. Conference with Labor Negotiator
Agency negotiator: City Administrator
Unrepresented classification(s),
3. With respect to every item of business to be
discussed'in closed'session pursuant to subdivision (a) of
Government Code 54956.9,
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663
(Restructuring);
(b) David Veilegas, et al. v. City of Vernon, LASC No, BC
T07136, '
(c) Vernon v. Regional.Water Quality Control Board; Nos,
A-1280, A1280(a) and A-1280(b);
(d)
(e)
(f)
(g)
(h)
FERC Docket No. ER00-2019-0o0 (ISO); FERC Docket No,.
ELOO-95 (,SDG&E y. Sellera. of Energy, et al.)
consolidated with FERC Docket No. EL66-98; FERC Docket
No. EL04-34 (Vernon TRBAA); FERC Docket No. EL03-54
(Anaheim, et al, v-. ISO')
The Burlin2ton Northern and Santa Fe -Railway Compan
V. City, of Vernon.; USDC No. CV-00-12891 NM (AJWx);
Sterling Davis v. City of Vernon, et ali., USDC No. CV-
01-01602 DDP (AJWx);
Cities of Arcadia, et al. v. The California Rearional
Water QuaiitQontrbl Board,, etc,., et al., LASC No BC
245633;
W
Central and West Basin water Replenishment District,
etc., v. Charles E..Adams, et,al, LASC No,. C 786656;
(j)
Department of Water Resources v,. ACN Energy, 11nLq.,_ et
al., Case No. 01ASO5497;
(k)
Aucensio Saucedo Lopezv. Vernon; LASC No. 02CO0862
(H.P. District);
(1)
Vernon v. SoCalGas, El Paso Natural Gas, et al., Case
BC '265905-
(m)
Jessica Rodriguez v. Vernon; WCAB Case No. RIV
0056007;
(n)
Enron Power Marketing Inc. v., Vernon'; USBC Adversary
Proceeding'No. 03-03131 (AJG); _
(0)
Mirant Americas Energy Marketine, LP v. Vernon; USBC
Adversary Proceeding No. 08-04440-dm1;
(p)
Robert-S. Spradlin, etc. v. Vernon; Norwalk Superior
Court No. VC 039280;
(q)
Jessica Rodriguez v. Vernon; LASC No. BC298890;
(r)
Insurance Company I v. Vernon; Norwalk
,Lexjngton
Superior Court No. VC 040647;
(s)
Vernon v. Scott .CQ.,.et al., LASC No. BC 300307;
(t)
CPUC No. 93-09-008 (SoCalGas BCAP),;
Page 6 of 7
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Regular City Council Meeting Minutes
February 4, ;2004
(u) Luther Caston v. Vernon, et al.;; LASC No. BC 295361;
(v) Penn -America Insurance Company v. Vernon; LASC No., BC
306257;
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 5:39
p.m. Motion carried.
�r
`.Leonis C. Malbb,,r
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
Page 7 of 7