20070117 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
JANUARY 17, 2007, AT 5:04 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, Davis, McCormick
MEMBERS ABSENT: Ybarra
The meeting was called to order by Mayor Malburg.
The Acting City Administrator advised that existing
litigation case WCAB No. LAO 0853711 was brought to the
attention of the Acting City Clerk after the agenda was posted
and asked that a vote be taken to find that said matter required
immediate action and to add said matter to the closed session
portion of the agenda pursuant to subdivision (a) of Government
Code § 54956.9.
It was moved by McCormick, seconded by Gonzales, to
add existing litigation case WCAB No. LAO 0853711 to the closed
session portion of the agenda. Motion carried.
Ayes:
Malburg,
Noes:
None
Absent:
Ybarra
Abstained:
None
Gonzales, Davis, McCormick
It was moved by Davis, seconded by McCormick, that the
Minutes of the Regular City Council Meeting held December 20,
2006, be approved and adopted as submitted. Motion carried.
The Acting City Administrator announced that now was
the time to present the awards for the 112007 Used Oil Recycling
Calendar Contest.,,
The Director of Environmental Health provided the
details regarding the selection process of the contest award
recipients and presented awards to the following students and
faculty members from the Vernon Elementary School.
Honorable Mention Award Winners:
• Graciela Arzac
• Brian Corona
• Damian De La Rosa
• Fred Gamboa
• Balbina Medina
• Eli Munoz
• Victor Reyes
• Maria Rios
• Ruby Ruiz
Second Prize Winner: Jocelyn Ramirez
First Prize Winner: Alejandro Cuevas
Grand Prize Winner: Roman Medina
Faculty Appreciation Awards:
• Mrs. Santa Cruz
• Mr. Yamaguchi
• Principal Armando Torres
Regular City Council Meeting Minutes
January 17, 2007
The Mayor presented appreciation plaques to the
following businesses and thanked them for supporting the "Used
Oil Recycling Calendar Contest" and providing the funds for the
gifts and trophies.
Platinum Sponsor:
• Asbury Environmental Services - Joe Balfour
Gold Sponsors:
• Baker Commodities, Inc.
• Siemens Water Technologies - Kenneth
Oldmixon/Heather Harralsen
• U.S. Growers Cold Storage - Peter Corselli
• Waste Management of Los Angeles - Sam
Perdomo/Terry Kusma-Gottren
Mr. Harold Arsenian of Innovative Waste Control, Inc.,
a Gold Sponsor, was unable to attend the meeting and his plaque
was forwarded to him.
The Mayor called a short recess at 5:15 p.m.
The City Council reconvened in regular session at 5:20
p.m., all members present before the recess again being present.
The Acting City Administrator announced that now was
the time to present the Perfect Attendance Awards.
The Mayor Pro -Tern presented Perfect Attendance Awards
for the month of December to the following employees who were in
attendance.
EMPLOYEE NAME
JOB TITLE
D.O.H.
YEARS
Alice Saldana
Administrative Assistant
01/24/82
4
Sergio Rodriguez
Power & Gas Trading Manager
04/01/84
5
Gustavo Herrera
Police Officer
12/04/00
6
Nicholas Perez
Police Officer
12/04/00
6
Yin Lan Wang
Accountant
10/29/90
8
Dean Richens
Fire Captain
09/18/89
9
Michael Rogers
Fire Engineer
02/26/90
12
Jeffrey James
Fire Engineer
01/07/91
13
The below listed employees were unable to attend the
meeting and their awards were forwarded to them.
EMPLOYEE NAME
Viet Nguyen
Victor Vasquez, Sr.
Jason Tomlinson
Stephanie Johnson
Maria Garcia
Daniel Garcia
Brian Montoya
Todd Schoenig
Carlos Gudino
Rory Moore
Steven Coster
JOB TITLE
D.O.H.
YEARS
Operations Engineer
12/15/03
3
Meter Reader
01/10/91
3
Utilityman III
12/02/02
4
Records Clerk
12/02/01
5
Police Officer
01/25/99
7
Gas & Power Procurement Mgr.
12/01/97
9
Electronics Technician
03/16/92
9
Fire Engineer
01/07/91
9
Utilityman IV
12/11/94
12
Fire Captain
06/26/89
13
Fire Engineer
02/26/90
15
The Mayor called a short recess at 5:25 p.m.
Page 2 of 10
Regular City Council Meeting Minutes
January 17, 2007
The City Council reconvened in regular session at 5:28
p.m., all members present before the recess again being present.
A Proclamation of the Mayor and the City Council of
the City of Vernon Supporting the Goals and Ideals of Korean
American Day on January 13, 2007, which was presented at an off -
site special event held January 11, 2007, was read by title.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned proclamation be approved. Motion carried.
Police Department Activity Log for the period of
December 16th through December 31st, 2006, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period of December 16th
through December 31st, 2006, be received and filed. Motion
carried.
Fire Department Activity Report for the period of
January 1st through January 15th, 2007, was presented.
It was moved by Gonzales, seconded by Davis, that the
Fire Department Activity Report for the period of January 1st
through January 15th, 2007, be received and filed. Motion
carried.
Police Department Activity Log for the period of
January 1st through January 15th, 2007, was presented.
It was moved by Davis, seconded by McCormick, that the
Police Department Activity Log for the period of January 1st
through January 15th, 2007, be received and filed. Motion
carried.
Health Department Report for the month of December
2006, was presented.
It was moved by McCormick, seconded by Davis, that the
Health Department Report for the month of December 2006, be
received and filed. Motion carried.
Risk Management Report for the month of December 2006,
was presented.
It was moved by Gonzales, seconded by Davis, that the
Risk Management Report for the month of December 2006, be
received and filed. Motion carried.
City of Vernon Audited Financial Statements for Fiscal
Year -Ended June 30, 2006, was presented.
The Acting City Administrator distributed the
financial statements to the City Council and briefly summarized
the contents of said statements.
It was moved by Gonzales, seconded by Davis, that the
City of Vernon Audited Financial Statements for Fiscal Year -
Ended June 30, 2006, be received and filed. Motion carried.
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Regular City Council Meeting Minutes
January 17, 2007
The Acting City Administrator 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.
Ms. Rainbow Yeung, Senior Public Affairs Specialist,
from South Coast Air Quality Management District ("AQMD"),
introduced herself and gave a power point presentation on the
Air Quality Management Plan for 2007.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council at this time.
Mr. Ronald Garcia from Southern California Edison
introduced himself and advised that on January 10, 2007, he
completed 39 years of service with Edison. Mr. Garcia also
provided updates on future rates and the Low Income and Summer
Discount Programs.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council at this time.
There was no one else who wished to address the City
Council at this time.
The Consent Calendar was presented.
CONSENT CALENDAR
City Council Department
1. Request for authorization for City Officials to attend the
following:
• "Independent Cities Association - 21st Annual Conference"
City Clerk's Department
2. Request for authorization for personnel to attend the
following:
• "Managing Emotions Under Pressure"
Community Services & Water Department
3. Request for authorization for personnel to attend the
following:
• "League of California Cities - 2007 Public Works Officers
Institute"
Fire Department
4. Request for authorization for personnel to attend the
following:
• "Independent Cities Association - 21St Annual Conference"
• "Hazmat Technician - Modules 1C & 1D"
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Regular City Council Meeting Minutes
January 17, 2007
Health Department
5. Request for authorization for personnel to attend the
following:
• "California Unified Program Annual Training Conference"
Light & Power Department
6. Ratification of the execution of the following Work
Authorization No(s). of the contract with Galliera Inc., dba
Trico Construction ("Trico") at the stated amount(s):
• PM-102-06-MGS in the amount of $29,477.42 for removal and
covering of skylights at switchrooms
• PM-112-06-MGS in the amount of $62,100.22 for Station A
#2 Bank 7 kV system delta breaker ground protection
Police Department
7. Request for authorization for personnel to attend the
following:
• "Independent Cities Association - 21St Annual Conference"
• "Property Room Management"
• "Dispatcher Update"
• "California Robbery Investigators Association"
• "Chemical Agent Instructor Certification"
Treasurer's Department
8. 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 December 28,
2006 through January 10, 2007, drawn on The Bank of New York
Trust Company, N.A. totaling $316,674.57, which includes
Requisition Nos. LCD050 through LCD053 (inclusive).
9. Ratification of the issuance of checks for Payroll Warrant
Register No. 607 covering claims and demands presented during
the period of November 12 through December 9, 2006, drawn on
Bank of America totaling $2,322,726.59, which includes Check
Nos. 9233 through 9261 (inclusive), (Accounting period December
2006).
End of Consent Calendar
It was moved by Gonzales, seconded by Davis, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
Request for permission for the Police Department to
utilize grant funds to reimburse Police Officers for bulletproof
vests, was presented.
It was moved by McCormick, seconded by Gonzales, to
grant permission to the Police Department to utilize grant funds
to reimburse Police Officers for bulletproof vests. Motion
carried.
Page 5 of 10
Regular City Council Meeting Minutes
January 17, 2007
Request to approve a fully executed Easement Deed from
the Alameda Corridor Transportation Authority for certain
undivided interest to the Metropolitan Water District and a City
of Vernon parcel for a sewer line located on East Alameda north
of 27th Street, was presented.
It was moved by Davis, seconded by Gonzales, to
approve a fully executed Easement Deed from the Alameda Corridor
Transportation Authority for certain undivided interest to the
Metropolitan Water District and a City of Vernon parcel for a
sewer line located on East Alameda north of 27th Street. Motion
carried.
RESOLUTION NO. 9209 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 7682 Which Set the
Time and Place for Regular Meetings of Certain Committees and
Commissions of the City of Vernon and Repealing Resolution No.
8741, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9209 be approved and adopted. Motion carried.
RESOLUTION NO. 9210 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8365 Which Set the
Time and Place for Regular Meetings of the Public Benefits
Resource Committee of the City of Vernon and Repealing
Resolution No. 8740, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9210 be approved and adopted. Motion carried.
RESOLUTION NO. 9211 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase and Services Agreement By and Between the
City of Vernon and Hi -Desert Communications, a Division of
Cazcom, Inc. for Communications System Upgrade for the Fire
Department, was read by title.
The Mayor asked the Fire Chief to explain the
necessity of the aforementioned purchase.
The Fire Chief explained to the Mayor and the City
Council that an upgrade of the department's communications
system will enhance their response time and enable them to
maintain a Class 1 rating.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9211 be approved and adopted. Motion carried.
RESOLUTION NO. 9212 - A Resolution of the City Council
of the City of Vernon Authorizing the Director of Light & Power
to Execute the Mead -Phoenix Project Management Committee
Resolution Regarding Authorization of the Contract for
Interconnection and Operation Agreement with Nevada Power
Company and Approving and Authorizing the Execution of the Mead -
Phoenix Project Interconnection and Operation Agreement (Western
Agreement No. 06-DSR-11729) at Mead 500-KV Substation Among the
Mead -Phoenix Project Owners, the Western Area Power
Administration and the Nevada Power Company, was read by title.
Page 6 of 10
Regular City Council Meeting Minutes
January 17, 2007
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9212 be approved and adopted. Motion carried.
RESOLUTION NO. 9213 A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment to the Disadvantaged Business Enterprise Race -
Neutral Implementation Agreement By ,and Between the City of
Vernon and the U.S. Department of Transportation Through the
California Department of Transportation, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9213 be approved and adopted.
RESOLUTION NO. 9214 - A Resolution of the City Council
of the City of Vernon Authorizing the City Administrator to
Pursue Strategic Options on Behalf of the Light & Power
Department, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9214 be approved and adopted. Motion carried.
RESOLUTION NO. 9215 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9089 by Amending
Pages 2 and 10 of Schedule II (Exhibit B) of Said Resolution
Which Fixed the Compensation for Certain Employees of Said City
and Authorized Certain Expense Allowances, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9215 be approved and adopted. Motion carried.
RESOLUTION NO. 9216 - 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 read by
title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9216 be approved and adopted. Motion carried.
RESOLUTION NO. 9217 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Employment Agreement By and Between the City of Vernon and
Bruce V. Malkenhorst, Jr. for Legal Services, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9217 be approved and adopted. Motion carried.
RESOLUTION NO. 9218 - A Resolution of the City Council
of the City of Vernon Appointing Manuela Giron as the Acting
City Clerk and Kristen Enomoto as the Acting Deputy City Clerk,
was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9218 be approved and adopted. Motion carried.
RESOLUTION NO. 9219 - A Resolution of the City Council
of the City of Vernon Authorizing the Fire Chief to Evaluate and
Negotiate an Agreement with a Los Angeles Area Fire Dispatch
Center for the Purpose of Transitioning to a Regionalized
Dispatch Center, was read by title.
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Regular City Council Meeting Minutes
January 17, 2007
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9219 be approved and adopted. Motion carried.
RESOLUTION NO. 9220 - A Resolution of the City Council
of the City of Vernon Establishing a 48/96 Work Schedule for the
Vernon Fire Department, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9220 be approved and adopted. Motion carried.
RESOLUTION NO. 9221 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9198 Regarding the
Appointment of Steve Towles as Acting Police Chief, was read by
title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9221 be approved and adopted. Motion carried.
RESOLUTION NO. 9222 - A Resolution of the City Council
of the City of Vernon Authorizing Overtime as Needed for the
Vernon Police Department to Maintain Their Level of Service, was
read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9222 be approved and adopted. Motion carried.
The Acting City Attorney addressed the City Council to
invoke the rule of necessity and allow Mayor Malburg and
Councilman Davis to remain in the meeting through the approval
of the items related to Warrant Registers.
Ratification of the issuance of early checks for
Warrant Register No. 1209, covering claims and demands presented
during the period of December 28, 2006 through January 10, 2007,
drawn on Bank of America totaling $184,118.34, which includes
Check Nos. 314360 through 314397 (inclusive), (Accounting period
January 2007), was presented.
It was moved by McCormick, seconded by Gonzales, that
that the issuance of early checks for Warrant Register No. 1209,
covering the payment of claims and demands totaling $184,118.34,
be ratified. Motion carried.
Ratification of wire transfers for Warrant Register
No. 1209, covering claims and demands presented during the
period of December 28, 2006 through January 10, 2007, drawn on
Bank of America totaling $265,704.55, which includes Wire Nos.
W00195 through W00198, (Accounting period January 2007), was
presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Warrant Register No. 1209, covering the
payment of claims and demands totaling $265,704.55, be ratified.
Motion carried.
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Regular City Council Meeting Minutes
January 17, 2007
Warrant Register No. 1209, covering claims and demands
presented during the period of December 28, 2006 through January
10, 2007, drawn on Bank of America totaling $536,421.39, which
includes Check Nos. 314398 through 314513 (inclusive), excluding
void Check Nos. listed below, (Accounting period January 2007),
was presented.
314398 through 314403
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1209 be approved and payment authorized for
claims and demands totaling $536,421.39. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 174, covering claims and demands
presented during the period of December 28, 2006 through January
10, 2007, drawn on Bank of America totaling $24,592.65, which
includes Check Nos. 503728 through 503741 (inclusive),
(Accounting period January 2007), was presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Light & Power Warrant Register
No. 174, covering claims and demands totaling $24,592.65, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 174, covering claims and demands presented
during the period of December 28, 2006 through January 10, 2007,
drawn on Bank of America totaling $2,819,348.90, which includes
Wire Nos. W03359 through W03385 (inclusive), (Accounting period
January 2007), was presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Light & Power Warrant Register No. 174,
covering claims and demands totaling $2,819,348.90, be ratified.
Motion carried.
Light & Power Warrant Register No. 174, covering
claims and demands presented during the period of December 28,
2006 through January 10, 2007, drawn on Bank of America totaling
$101,858.98, which includes Check Nos. 503742 through 503774
(inclusive), excluding void Check Nos. listed below, (Accounting
period January 2007), was presented.
503742 through 503747
It was moved by Gonzales, seconded by McCormick, that
Light & Power Warrant Register No. 174 be approved and payment
authorized for claims and demands totaling $101,858.98. 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 January 4 through January 17,
2007.
Councilman Davis summarized the events of the
California Contract Cities Conference he, Councilman Gonzales,
and Councilman McCormick attended in Sacramento, California
during the period of January 8 through January 10, 2007, which
he considered a productive business trip.
Page 9 of 10
Regular City Council Meeting Minutes
January 17, 2007
Councilman Gonzales summarized the details of a
meeting the councilmen had with the City's retained lobbyist,
whom they met with while in Sacramento for the aforementioned
conference.
Councilman McCormick stated that based on information
he obtained during the conference, it is anticipated that 2007
will be a good year for local government.
The Acting City Administrator announced that now was
the time to go into closed session.
It was moved by Gonzales, seconded by McCormick, that
the City Council go into closed session, the time being 6:36
p.m. Motion carried.
Everyone was excluded from closed session with the
exception of the Acting City Administrator, the Acting 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.
The Chief Deputy City Attorney and the Assistant City
Attorney II were excused from closed session at 6:40 p.m.
It was moved by Gonzales, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 6:55 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session with the Labor Negotiator (Acting
City Administrator) and legal counsel regarding Fire Department
and Police Department negotiations pursuant to Government Code
Section 54957.6 and direction was given to the Acting City
Administrator.
It was reported out that the City Council had a
conference with legal counsel in closed session regarding
existing litigation case nos. LASC No. BC 331516, LASC No. BS
101423, and WCAB No. LAO 0853711 pursuant to subdivision (a) of
Government Code Section 54956.9. No action was taken on cases
LASC No. BC 331516 and LASC No. BS 101423 and settlement
authority was given to legal counsel regarding case WCAB No. LAO
0853711.
There being no further business to come before the
City Council at this time, it was moved by Davis, seconded by
Gonzales, that the meeting be adjourned, the time being 5:55
p.m. Motion carried.
---tnis C. M urg
Mayor
A TEST:
Manuela Giron
Acting City Clerk
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