20040303 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MARCH 3, 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 Gonzalez, that the
Minutes of the Regular City Council Meeting held February 18,
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,
Sharon Johnson Deputy City Treasurer 25 years
Hilari.o "Larry" Gonzales Councilman, 30 years
Police Department Activity Log for the period
February 16 through 29, 2004, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period February 16
through 29, 2004, be received and filed. Motion carried..
Fire Department Activity Report for the period
February 16 through 29, 2004, was presented.
It was moved by Ybarra,, seconded by Davis, that the
Fire Department Activity Report for the period February 16
through 29, 2004, be received and filed. Motion carried.
ORDINANCE NO. 1099 - An Ordinance of the City Council
of the City of Vernon Amending Sections 16.14, 16.15, 1G.16,
1.6.17 and Deleting Section 16.18 of the Code of the City of .
Vernon, California, 1959, to Change Speed Limits on. Certain
Streets and to Repeal All Ordinances or Parts of Ordinances in
Conflict Herewith, was read by title by the City Clerk for a
second and final reading, -
It was moved by Gonzales, seconded by Ybarra-, that
Ordinance No. 109.9 be approved for a second and final reading.
Motion carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent None
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 wasanyonein 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
March 3, 2004
The City Clerk asked that the: following communication
dated February 26, 2004,,and Resolution No. 8389 be deferred to
the next City Council Meeting.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 26, 2004, advising that
on November 25, 2003, the Finance Committee recommended to City
Council that a purchase order be issued to Visionair, Inc.,
contingent upon approval of an agreement for purchase,
installation, and maintenance/support services for the Fire
Department,:
The City Attorney's office has finalized the agreement and it is
hereby recommended that the following resolution be approved..
RESOLUTION NO. 8389 A Resolution of the City Council
of the City of Vernon Approving and Authorizing the: Execution of.
a Software License Agreement and Software Service Agreement By
and Between the City of 'Vernon and Visionair, Inc, for the Fire
Department.
I-t was moved Davis, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated February 26, 2004, and Resolution No. 8389 be
deferred to the next council meeting,. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 26, 2004, was
presented, advising that on February 4, 2004, the Finance
Committee recommended to City Council that an agreement with
McMurray,Stern be prepared for the purchase of a mobile storage
system for the Police Department;,
The City Attorney's office has finalized the agreement and it is
hereby recommended that the following resolution be approved.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the City
Administrator/City Clerk, dated February 4, 2004, be received
and filed and his recommendation approved. Motion carried.
RESOLUTION NO.. 8390 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase and Professional Services Agreement By and
Between the City of Vernon and McMurray -Stern, Inc. for a Mobile
Storage System for the Police Department, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 8390 be approved and adopted. Motion carried.
The City Clerk asked that the following communication
dated February 18, 2004, and Resolution No. 8388 be deferred to
the next City Council Meeting.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 26, 2004, advising that
on February 18, '2004, the Finance Committee recommended to City
Council that an agreement with Thomason Mechanical Corporation
be prepared, to conduct gas valves inspections in relation to
the MGS Project,
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Regular City Council Meeting Minutes
March 3, 2004
The 'City Attorney's office has finalized the agreement and it is
hereby recommended that the following resolution be approved.
RESOLUTION NO. 8388 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement By and Between the City of Vernon and'Thomason
Mechanical Corporation for Valve Inspection and Maintenance for
the Gas Distribution System.
It was moved Gonzales, seconded by Davis,, that the
aforementioned communication from the City Administrator/City
Clerk, dated February 26, 2004, and Resolution No, ,83B8 be
deferred to the next council meeting. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated February 25, 2004 was,presented,
transmitting for consideration, Contract No. 570, Bandini
Boulevard, .Leonisr Boulevard, 37th Street, and 38th Street
Improvements, and recommending that the contract be approved and
authority be granted to advertise for bids.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated February 25, 2004, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO.. 8387 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 570 for Bandini
Boulevard, Leonis Boulevard„ 37th Street and 38th Street
Improvements and Authorizing Notice Inviting Sealed Proposals or
Bids in Accordance Therewith, was presented.
It was moved, by Gonzales, seconded by McCormick, that
Resolution No, 8387 be approved and adopted. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
February 5, 2004, was presented, requesting authority and funds
for Records Clerk Martha Parra to attend, the "Understanding
Personal Workstyles Class" at Santa Ana on March 29 and 31,
2004,with an expense allowance of $59.60,
-. It was moved by Ybarra, seconded,by Davis, that
authority and funds be approved for Martha Parra to attend the
aforementioned class with an expense allowance of $59.60.
Motion carried.
Communication from Bruce Olson, Chief of Police, dated
February 5,, 2004, was presented, requesting authority and funds
for Records Manager Danita Robertson to attend the "Building
Interpersonal Relationships Class at Garden Grove on April 30,
2004, with an expense allowance of $28,60.
It was moved by McCormick; seconded by Gonzales, that
authority and funds be approved for Danita Robertson to attend
the aforementioned class with an expense allowance of $28.60.
Motion carried.
Communication from Bruce, Olson, Chief of Police, dated
February 5, 2004, was presented, requesting :authority and funds
for Records Clerk Stephanie Johnson to attend the "Grammar and
Page 3 ;of 9
Punctuation Class" at Garden Grove on April 13, 15, 20, and 22,
2004„ with an expense allowance of $107.20,
Regular City Council Meeting Minutes
March 3 2004
-It was moved by Ybaxra, seconded by Davis, that
authority and funds be approved for Stephanie Johnson toattend
the aforementioned class with an expense allowance of $107.20.
Motion carried.
Communication from Bruce Olson„ Chief of Police, dated
February 5, 2004, was presented, requesting authority and funds
for the below listed Records Clerks to attend the "EXCEL Class"
at Garden Grove on March 22 and 24 and April 6 and 27, 2004,
with an expense allowance of'$110.80.
• Martha Gonzalez
• Marianne Vazquez
It was moved by Davis, seconded by Gonzales, that
authority and funds be approved for the above listed record
clerks to attend the aforementioned class with an expense
allowance 'of $110.80 each. Motion carried.
Communication, from Bruce Olson, Chief of Police, dated
February 13„ 2004, was presented, requesting ratification of
authority and funds for the below listed police personnel
attendance to the —Tactic Rifle Course" at Duarte on February 25
through 27, 2004 with an expense -allowance of '$315,20, of which
POST will reimburse $61.44 each.
• Michael Docherty, Detective
• Donald Vanover, Police Officer
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned course with an expense
allowance of $315.20 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
February 5, 2004,,was presented, requesting authority and funds
for Assistant Records Manager Elizabeth Sawickis to attend the
"Goal 'Setting on the Job Class" at Garden Grove on March 23'and
25, 2004, with an expense al-lowance of '$,53.60„
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for Elizabeth Sawickis-to attend
the`aforementioned class with an expense allowance.of $53.60.
Motion carried,
Communication from Lewis Pozzebon, Director of
Environmental Health, dated February 19,'2004, was presented,
requesting authorityandfunds for below listed Environmental
Specialists to attend the "California Environmental Health
Association 2004 Annual Education Symposium" at Pasadena on
March 30 through April 2, 2004, with an expense allowance of;
$315.00, '$275.00, and $293.00, respectively.
• Jerrick Torres
• Lyndon Ong Yiu
• David LeDuff
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Regular City Council Meeting Minutes
March 3, 2004
I't was moved by Ybarra seconded by Davis, that
authority and funds be approved for the above listed personnel
to attend the aforementioned symposium with the respective
expense allowances. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated February 25, 2004, was presented,
requesting authority and funds for, the below listed Code
Enforcement Inspectors to attend the "California Building
Officials' Training Institute Nonresidential Disabled Access
Course" at Corona on March 24, 2004, with an expense allowance
of $193.10 each.
• Kevin Murphy,
• Steven Michael
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for the above listed personnel
to attend the aforementioned course with an expense allowance of
$193.10 each. Motion carried.
Communication from Steven Parker, Fire Chief, dated
February 26, 2004, was presented, requesting authority and funds
for below listed Firefighters to attend the "Hazmat Specialist
`Upgrade' Modules 1F & 1G Training" at Santa Fe Springs on March
8 through 19, 2004, with an expense allowance of $750.00 each..
• Fabin Reyes
• Anthony Rotell
• Chris Shields
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for the above listed
firefighters to attend the aforementioned training with an
expense allowance of $750.00 each. Motion carried.
The City Clerk asked that the 'following resolution be
removed from the agenda.
RESOLUTION NO. 8384 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement By and Between the City of Vernon and Petrelli
Electric, Inc. for Construction and Remodeling at 2670 Leonis
Boulevard in Connection with the Malburg Generating Station
Project. (Deferred from City Council meeting held February 18,
2004..)
It was moved Ybarra, seconded by Davis, that
Resolution No. 8384 be removed from the agenda,. Motion carried.
Communication from Bruce V. Malkenhorst,, Director of
Finance, dated February 26, 2004, was presented, transmitting
the Minutes ,for the Adjourned Regular City Council Meeting
Finance Committee Section, held on February 24, 2004, for
approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis, that the
recommendations on the Minutes for the Adjourned Regular City
Council Meeting — Finance Committee Section, 'held on February
24, 2004, be approved. Motion carried..
Regular City Council Meeting Minutes
Page 5 of 9
March '3, 2004
RESOLUTION NO: 8391 - 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 Rhino Construction Services for
the Malburg Generating Station Project, was presented.
it was moved by Ybarra, seconded by McCormick, that
Resolution No. 8391 be approved and adopted. Motion carried.
RESOLUTION NO,, 8392 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 Cal Partitions, Inc for the
Malburg Generating Station Project, was presented'.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 83,92 be approved and adopted._ Motion carried.
RESOLUTION NO..8393 - 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 Network Catalyst for the Malburg Generating Station Project,
was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8393 be approved and adopted. Motion carried.
RESOLUTION NO;. 8394 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. One to Equipment order Agreement By and 'Between
the.City of Vernon and Accurate Telecom Inc. for the Malburg
Generating Station Project, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8394 be approved and adopted. Motion carried.
RESOLUTION NO. 8395 -.A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Work Performed
by California Construction Services and Authorizing the Issuance
of a Purchase order and Payment to California Construction
Services for Services Performed for the Malburg Generating
Station Project, was presented.
I,t was moved by-Ybarra, seconded by Gonzales, that.
Resolution No. 8395 be approved and adopted. Motion carried.
RESOLUTION NO. 8396: - A Resolution of the City ',Council
of the City of Vernon Approving and Ratifying the Execution of a
Premium Finance Agreement Disclosure Statement and Security
Agreement By and Between the City of Vernon and Imperial ,Premium
Finance, Inc., Through Arthur J. Gallagher of".Texas Inc., for
the Malburg Generating Station Project, was presented.
It was.moved,by Gonzales, seconded by Davis, that
Resolution No. 8356 be approved and adopted. Motion carried,.
The City Clerk asked that the following communication
dated February 26, 2004, be removed from the agenda.
Regular City Council Meeting Minutes
Page 6 of 9
March 3, 2004
Communication from Bruce V. Malkenhorst, Director of
Finance, dated February 26, 2004, transmitting the Agenda for
the Regular City Council Meeting - Finance Committee Section, to
be held on March 2, 2004, for approval of the recommendations
contained therein.
It was moved Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Finance, dated
February 26, 2004, be removed from the °agenda,, Motion carried.
- Communication from Bruce V. Malkenhorst, Director of
Personnel, dated February 26, 2004, was presented, transmitting
the Agenda for the Adjourned.Regular City Council Meeting -
Personnel Committee section, to be held on March 3, 2004, for,
approval of the recommendations contained therein.
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the Agenda for the Adjourned Regular City
Council Meeting - Personnel Committee Section, to be held on
March 3, 2004, be approved. Motion carried.
Warrant Register No. 1133 covering claims and�demand's
presented during the period of February 12, 2004 through
February 25, 2004, drawn on Bank of America totaling
$662,769.80, which includes demand nos, 214855 through 215088
(,inclusive), and excluding Light & Power's demands,,, (Accounting
period March 2004)
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 1133' be approved and payment authorized for
claims and demands totaling $662,769.80. Motion carried.
Warrant Register No. 1133 covering claims and demands
presented during the period of February 12, 2004 through
February 2>5, 2004, drawn on Bank of America totaling
$4,651,511.77, which includesLight & Power's demand nos. as
listed below: (Accounting period March 2004),
214857 214862 214872 214875 214876 214877
214880 214882 214883 214885 214887 214919
214921 214922 214930 214931 214932 219333`
214938 214941 214943 214944 214945 214947
214950 214960 214961 214970 214972 214975
214990 214995 214996 215013' 215014 215022
215027 215032, 215044 215048 215052 215054
215057 215060 215073 215088
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 1133 be approved and payment authorized for
Light & Power's claims and demands totaling $4,651,511.77.
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.
The 'Mayor called a short recess at 5:27 p.m.
The City Council reconvened in regular session at 5:32
p.m., all members present before the recess again being present.;
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Regular City Council Meeting Minutes
March 3, 2004
The City Clerk advised that there was nothing to be
discussed on Item Nos: 1 and 2..
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
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)
The City Clerk advised that now was the time to go
into closed session on Item Nos. 3 and 4..
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session on Item Nos: 3and 4, the
time being 5:32 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
and the Assistant to the Chief Deputy City Clerk. -
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
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 Venegas, et al. v. City of Vernon, LASC No. BC
207136,
(c) Vernon v. Regional Water Quality Control Board; Nos<,
A-1280, A1280(a) and A-1280(b);
(d) Alameda Corridor Transportation Authority, etc. v.
City of Vernon, etc., et al., LASC Case No.. BC 23884E
cons. with City of Vernon v. Alameda Corridor Trans
Auth,. , LASC Case No. BC 238841;
(e) FERC Docket No. ER00-2019-000 (ISO) FERC Docket No
EL00-95 (SDG&E v. Sellers of Energy, et al,.)
consolidated with FERC Docket No. ELOO-98 FERC Docket
No. EL04-34 (Vernon TRBAA); FERC Docket No, EL03-54
(Anaheim, et al, v,. ISO)
(f) The Burlington Northern and Santa Fe Railway'Com any
v. City of Vernon; USDC No. CV--00-12891 NM (AJWx);
(g) Sterling Davis v. City of Vernon, et al., USDC No.'CV-
01-01602 DDP (AJWx);
(h) Cities of Arcadia, et al,; v. The California Regional
Water Quality Control Board, etc., et al., LASC No BC
245633 -
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Regular City Council Meeting Minutes
March 3, 2004
(i)
(j)
(k) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862
(H.P. District);.
(1) Vernon v. SoCalGas, El Paso Natural.'Gas, et al,., Case
No. BC 265905;
(m) Jessica Rodriquez v Vernon; WCAB Case No RI'V
0056007
(n) Enron Power Marketing:Inc. v. Vernon; USBC Adversary
Proceeding No-. 03-03131 (AJG) ;
(o) M,irant Americas Energy Marketing, LP v. Vernon; USBC
Adversary Proceeding No. 03-04440-dml;
(p) Jessica Rodriguez v. Vernon; LASC No. BC298890;
(;q) Lexington Insurance Company v Vernon; Norwalk
Superior Court No. VC 040647;
(r) Vernon v. Scott Co,_, et al-, LASC No. BC 300307;
(s) CPUC No, 03-09-008 (SoCalGas BCAP);
(t) Luther Caston v. Vernon, et al..; LASC No. BC-295361;
(u) Penn -America Insurance Company v. Vernon; LASC No. BC
306257;
(v) George_C. Kim dba Korean Maintenance Co. v. Vernon
LASC No. BC309589;
(w) Gred Lynch v. Vernon; WCAB No, VNO 459075'
4. With respect to every item of business to be
discussed inclosed session pursuant to subdivision (c) of
Government Code 54956.9.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Initiation of litigation: one (1) potential case.
I.t was moved by 'McCormick, seconded by Ybarra, that the
City Council go out of closed session on Items Nos. 3 and 4 and
resume regular session, the time being 5:45 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the actions by Channing Strother of McCarthy, Sweeney &'Harkaway
in intervening in FERC Docket Nos. ER04-445 (ISO), ER04-435
(PG&E), ER04-441 (SDG&E) and ER04-443 .(SCE) are hereby ratified.
Motion carried.
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 5:49
p.m. Motion carried.
r
L�eonis C. Malburg
Mayor
ATTEST.:
Bruce V. Malkenhorst
City Clerk
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