20040915 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY
COUNCIL MEETING, OF THE CITY
OF VERNON HELD SEPTEMBER 15, 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:
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 September l;
2004, be approved and adopted as submitted. Motion carried,
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated September 7, 2004, was
presented, advising that the=below listed employees qualified in
the month of August 2004 for a Perfect Attendance Award.This
is awarded to employees on the basis of a minimum of two (2)
years of perfect attendance:
09/20/00
Irene Castillo
Account Clerk
08/13/01
Troy Durbin
Firefighter
07/05/88
David Alvarez
Utility Clerk
11/0,1/76
Elizabeth Sawickis
Assistant Records Manager
08/17/87
Michael Wilson
Battalion Chief
08/11/97
Roberto Sousa
Sergeant
09/18/89
Gregory Bringhurst
Firefighter
08/23,/93
Ana Bedoy
Administrative Assistant
09/01/78
Robert Kipness
Foreman
08/27/84
William Wilson
Code Enforcement Inspector
05/27/84.
Manuel Garcia
Generation Operations
Manager
The
Mayor presented the
awards to the aforementioned
employees and
extended congratulations
on behalf 'of the entire
City Council.
The
following employee's
were unable to attend the
meeting and their awards were accepted
by their respective
department heads.
08/13/Q1
James Espalin
Firefighter
08/13/01
Scott Metz
Firefighter
08/13/01
Jason Rosa
Firefighter
08/13/01
Larry Walker
Firefighter
08/14/00
Jeffrey Coburn
Systems Coordinator 'I"
05/16/88
Steve Ruffoni
Captain
02/01/70
Daniel Simon.
Captain
08/02,/99
Cerissa Diaz
Dispatcher
06/18/90
Benjamin Potter
Police Officer
The
Mayor called a short
recess at-5:05 p.m.
The
City Council reconvened
in regular session at 5:06
p.m., all members present before the
recess again being present.
1'8
Regular City Council Meeting Minutes
September'15, 2`004
Police Department Activity Log for the period
September 1 through 14, 2004, was presented.
It was moved by Gonzales, seconded by McCormick, that
the Police Department Activity Log for the period September 1
through 14, 2004,,be received and filed. Motion carried.
Fire Department Activity Report for the period
September 1 through 14, 2004, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period September 1
through 14, 2004, be received and filed. Motion carried.
Risk Management Report for the month of August 2004,
was presented.
It was moved by McCormick, seconded by Gonzales, that
the Risk Management Report for the month of August 2004, be
received and filed. Motion carried.
Health Department Report for the month of August 2004,
was presented-.
It was moved by Davis, seconded -by Ybarra, that the
Health Department Report for the month of August 2004, be
received and filed. Motion carried.
The '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 hearing
that may be listed:
The Mayor asked if there was 'anyone in -the audience
who wished to address the Council at this time,
Ronald. Garcia, Region Manager of Southern California
Edison, addressed the City Council and provided an update on
AB2006, the recent blackouts, and on California Department of
Water Resources current financial negotiations,,
There was no one else who wished to address the
Council.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated September '7, 2004, was
presented, advising that Masterfoods USA is requesting that the
City vacate a portion of Packers Avenue for the purpose of
expanding their property. This has been reviewed by the
Director of Community Services and Water Department and the City
Attorney. It is hereby recommended that a public hearing be;
scheduled on October 20, 2004, in accordance with the Public
Streets Code Section 8300
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from theCityAdministrator/City'
Clerk, dated September 7, 2004 be received :and filed and his
recommendation approved. Motion carried.
Page 2 of 7
Regular City Council Meeting Minutes
September 1S, 2004
RESOLUTION NO, 8534 - A Resolution of the'City Council
of the City of Vernon Declaring its Intention to Vacate a
Portion of Packers Avenue, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8534 be approved and adopted. Motion carried
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated September 7, 2004, was
presented, advising that the construction of the Alameda
Corridor has been completed and it is hereby recommended that a
Maintenance Agreement with the Alameda Corridor Transportation
Authority be approved and executed. It is also recommended that
a Reciprocal Grant Easement Deeds and Assignments for that
portion of the Alameda Corridor located within the city's
boundary be.approved with the Alameda Corridor Transportation
Authority, the City of Los Angeles, and the City of Long Beach
and the Mayor be authorized to execute.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City-Administrator/City
Clerk, dated September 7, 2004 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8532 - A Resolution of the City -Council
of the City of Vernon Approving and Authorizing the Execution of
(i) a Maintenance Agreement By and Between the. City of Vernon
and the Alameda Corridor Transportation Authority; and (ii)
Reciprocal Grant Easement Deeds and Assignments By and Among the
City of Vernon, the Alameda Corridor Transportation Authority,
the City of Los Angeles and the City of Long Beach, was
presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8582 be approved and adopted'. Motion carried.
Communication from Bruce V. Malkenhorst,.City
Administrator/City Clerk, dated September 8, 20D4, was
presented, advising that the Independent Cities Lease Finance
Authority (ICLFA) Board of Directors (Board), of which the City
is member of, is requesting that Amendment No. 4 to the ZCLFA
Joint Powers Agreement be approved to include::,
• Provide down payment and closing cost,assistance to
qualified families to aid them in purchasing homes in
member cities;
• Provide funding through nonprofits for the purchase of
multi -family residential projects, including manufactured
home communities (otherwise known as mobile home parks),
• Will soon be remarketing a new concept in lease finance
programs for citiesto utilize in purchasing equipment and
funding capital projects,;
This has been reviewed by the City Attorney and it is hereby
recommended that Amendment No. 4 to the ICLFA Joint Powers
Agreement be approved and executed;
Page 3 of 8.
Regular City Council Meeting Minutes
September 15, 2004
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from t'he,City
Administrator/City Clerk, dated September 8, 2004 be received
and filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8540 = A Resolution of the City Council
of the City of Vernon Approving Amendment No. 4 to Joint Powers
Agreement Creating the Independent Cities Lease Finance
Authority :and Providing Other Matters Properly Related Thereto,
was presented.
It was moved by'Ybarra, seconded by Davis, that
Resolution No. 8540 be approved and adopted. Motion carried.
Communication from Sol Benudiz, Acting Chief of
Police, dated August 6, 2004,.was presented, requesting
authority and funds for Lieutenant Daniel Calleros to attend the
"Grant Writing Workshop" at Las Vegas on October 4,and 5, 2004,
with an expense allowance. of $712.68.
It,was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for Lieutenant Daniel Calleros
to attend the aforementioned workshop with an expense allowance
of $712.68, Motion carried,.
Communication from Sol Benudiz, Acting Chief of
Police, dated August 20, 2004, was presented, requesting
authority and funds for Lieutenant James Wohlt to attend the
"Correctional Facilities Administrators Seminar" at Santa Clara"
on November 1 through 4, 2004, with an expense allowance of
$1, 053.. 60.
It was moved by McCormick, seconded by Davis, ,that
authority and funds be approved for Lieutenant James Wohlt to
attend the aforementioned seminar with an expense allowance of
$1,053.60,: Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated September 1, 2004, was
presented, requesting authority and funds for Deputy City Clerk
Manuela Giron to attend the "City Clerk's' Nuts & Bolts Seminar"
at Brea on October 7 and 8, 2004, with an expense allowance of
$298.40.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be approved for Manuela Giron to attend the
aforementioned seminar with an expense allowance of $298.40.
Motion carried.
Communication from Steve Parker, Fire Chief, dated
September 2, 2004, was presented., requesting authority and funds
for Fire Captain Rory Moore to attend the "California OSHA
Safety Training" at Carson on October 16 and 19, 2004, with an
expense allowance of $501.00.
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Rory Moore to attend the
aforementioned training with an expense allowance of $501.00..
Motion carried.
Page 4 of 8
Regular City Council Meeting Minutes
September 15, 2004
Communication from Kevin Wilson, Director of Community
Services and Water, dated September 7, 2004, was presented,
requesting authority and funds for the below listed personnel to
attend the "People Skills Seminar" at Torrance on November 17,
2004, with an expense allowance of $189.00 each.
• Art Reynoso, Utilityman I
• Victor Modesto, Utilityman II
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for the above listed personnel
to attend the aforementioned seminar with an expense allowance
of $189.00 each. Motion carried.
Communication from Bruce V. Malkenhors<t, Director of
Finance, dated September 8, 2004, was presented, transmitting
the Agenda for the Adjourned Regular City Council Meeting -
Finance Committee Section, to be held on September 15, 2004, for
approval of the recommendations contained therein,
It was moved by Ybarra, seconded by Davis, -that the
recommendations on the Agenda for the Adjourned Regular City
Council Meeting Finance Committee Section, held, on September
15, 2004, be approved. Motion carried_
RESOLUTION N0; 8533 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
an Engagement Letter Agreement for Services By and Between the
City of Vernon and Macias'Gini & Company LLP, was presented.
I't was moved by McCormick, seconded by Davis, that
Resolution No. 8533 approved and adopted. Motion carried.
RESOLUTION NO. 8535 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a First Amendment to Equipment Purchase and Professional
Services Contract By and Between the City of Vernon and
Galliera, Inc.i dba Trico Construction, was presented;.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8535 approved and adopted. Motion carried.
RESOLUTION NO. 8536 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Professional Services Contract By and Between the City of
Vernon and Thomason Mechanical Corporation and the af
Vernen for 'the Malburg Generating Station Project, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8536 approved and adopted. Motion carried,
RESOLUTION NO. 8537,- A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Professional Services Contract By and Between the'City of
Vernon and EDM Services, Inc, for the Malburg Generating Station
Project, was presented.
It was moved by Ybarra; seconded by Davis, that
Resolution No. 8537 approved and adopted. Motion carried.
Page 5 of 8
Regular City Council Meeting Minutes
September 15, 2004,
RESOLUTION NO. 8538 - A Resolution of.the City Council
of the City of Authorizing the Issuance of Request for Proposal
°for City Hall East -Wing, Second Floor Remodeling, was presented.
I:t was moved by 'Gonzales, seconded by Ybarra, that
Resolution No. 8538 approved and adopted. Motion carried.
RESOLUTION NO. 853-9 A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
,a Professional Services Contract By and Between the City of`
Vernon and North American Energy Services for the Malburg
Generating Station Project, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 8539 approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated September 8, 2004, transmitting the Agenda for
the Regular City Council Meeting - Personnel Committee Section,
to be held on September 15, 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, held September
IS, 2004, be approved.Motion carried.
City of Vernon Warrant Register No. 1148 covering
claims and demands presented during the.period of AUGUST 26,
2004, through SEPTEMBER 08, 2004 drawn on Bank of America
totaling $769,943.56, which includes demand Nos. 3`02375 through
302560 (inclusive), and also excluding, Void demands as listed
below. (Accounting period SEPTEMBER 2004), was presented:
302382 302378 302400 302432 30243 - 302434
302435 302436 302437
It was moved by Ybarra, seconded by Davis, that the
City of Vernon Warrant Register No. 1148 be approved and payment
authorized for claims and demands totaling $769,943.56,
excluding voided checks as listed above, Motion carried.
Light &.Power of the City of Vernon Warrant Register
No. 113 covering claims and demands presented during the period
of_August 26, 2004 through September 8, 2004 drawn on Bank'of
America totaling $2,097,436.,50, which includes Demand Nos.
500655 through 500695, also excluding void demands nos.,, as
listed below (Accounting period September 2004), was presented:
500665 500666 500667 500668 500669 500670
It was 'moved by McCormick, seconded by Gonzales,, that
the Light & Power of the City of Vernon Warrant Register No.113
be approved and payment authorized for Light & Power's claims
and demands totaling $2,097,436.50. 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.
Page 6 of 8
Regular City Council Meeting Minutes
September 15-, 2004
Payroll Warrant Register No,. 579 covering claims and
demands presented during the period of JULY 11,. 2004, through
AUGUST 07, 2004, drawn on Bank of America totaling
$2,268,216.16, which includes demand nos. 8637 through 8,649
(inclusive). (Accounting period AUGUST 2004), was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Payroll City of Vernon Warrant Register No. 579 be approved and
payment authorized for claims and demands totaling
$2.,268,216.16. Motion carried.
The Mayor called a short recess at 5:30 p.m-.
The City Council reconvened in regular session at 5:36
p.m., all members present before the recess again being present;
The City Clerk announced that now was the time to go
into closed session with respect to existing litigation pursuant
to subdivision (a) of Government Code 54956.9.
It was moved by Gonzales, seconded by Ybarra, to go
into closed session with respect to existing litigation matters,
pursuant to subdivision (a) of Government Code 54956.9,'the time
being 5:36 p.m. Motion carried,
All persons were excluded from closed session with the
exception of the_City Administrator/City Clerk, City Attorney,
and the Deputy City Clerk.
The Mayor 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 with respect to existing
litigation matters pursuant to subdivision (a) of Government Code
54956.9, and resume regular session, the time being 5:39 p.m.
Motion carried.
It was reported out that the City Council had a
conferencewith the City Attorney in closed session and
direction was given to the City Attorney to take appropriate
action in the matter of FERTC Docket No. ER00-2019/EL00-105,•,
EL00-95 cons. W/EL00-98; EL09-54. No action was taken on the
remaining of the existing litigation matters,,
The Mayor advised Council that a matter had been
brought to his attention and due to its urgency itmustbe
discussed at tonight's meeting.
Mayor: "The City Council members have received a document with
attached exhibits from Eddie Olivo. After reviewing the
document, it is my opinion that this matter should be looked
into byoutside counsel and specifically by Kirkpatrick &
Lockhart. If the Council agrees, I would ask that Mr. Richard
Crane of Kirkpatrick & Lockhart be directed to immediately begin
a review of this matter, with direction that the firm reports
directly to the City Council."
All other City Council members indicated their concurrence.
Page 7 of 8
Regular City Council Meeting Minutes
September 15, 2004
Mayor: "This appears to be a matter that has been exhaustively
investigated and the work of a disgruntled employee. If I
remember correctly, Mr. Olivo was directed, in writing, to stop
using City ,letterhead and stop referring to himself as .Legal
Counsel. This memorandum from Mr. Olivo is on City letterhead
and Mr. Olivo refers to himself as Legal Counsel. Again, with
the concurrence of the City Council, it would seem prudent to
have Mr. Olivo removed from any and all matters as legal counsel
for the City
All other City Council members indicated their concurrence,
Mayor: "Mr. Crane, can we substitute in our Deputy City
Attorney in all pending litigation matters and have Mr. Olivo
return all file's of any other matters he is working on?"
Crane: 'Yes.If
Mayor: "Mr. Crane I direct -you to notify Mr. Olivo to turn over
all original files on all matters"to Deputy City Attorney'
Willard Yamaguchi."
Mayor: "Mr. Crane, direct Mr. Olivo to cease using all City of
Vernon stationery and return it to you."
Mayor: "Mr. Crane, the City Council appreciates your assistance
in this matter and will expect to hear from you directly with
respect to your progress."
There being no further business to come before the
City Council at this time, it was moved by Gonzales, seconded by
Ybarra, that the meeting be adjourned, the time being 5>:42 p.m.
Motion carried.
Page 8 of 8 -