20070917 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
SEPTEMBER 17, 2007, AT 10:05 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.
The City Administrator advised that two existing
litigation matters and two anticipated litigation matters, which
require immediate action, were brought to the City Clerk's
attention after the agenda was posted. He asked that a vote be
taken to find that said matters required immediate action and to
add said matters to the closed session portion of the agenda as
follows:
• Existing Litigation Case Nos. LBO 0372099 and LBO
0372100 pursuant to subdivision (a) of Government
Code Section 54956.9
• Two potential cases of anticipated litigation
pursuant to subdivision (b) of Government Code
Section 54956.9
It was moved by Gonzales, seconded by Ybarra, to add
the four aforementioned litigation matters - two existing cases
and two anticipated cases - to the closed session portion of the
agenda. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
It was moved by Davis, seconded by McCormick, that the
Minutes of the Special City Council Meeting held August 27,
2007, be approved and adopted as submitted. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held September 4,
2007, be approved and adopted as submitted. Motion carried.
The 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.
The Mayor asked if there was anyone in the audience
who wished to address the City Council at this time.
Mr. Ron Garcia, Regional Manager of Southern
California Edison (SCE), congratulated Councilman McCormick on
his new position as the President of the Independent Cities
Association (ICA). He provided a detailed summary of recent
blackouts and the SCE infrastructure, informed the City Council
that the City would be acquiring a breaker from SCE, and advised
of an SCE graffiti program available to the City.
Regular City Council Meeting Minutes
September 17, 2007
Councilman Davis asked Mr. Garcia what the response
time is during blackouts.
Mr. Garcia advised that the service guarantee is off
during emergency situations and that response time would be
based on the circumstances.
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 Treasurer's Department
1. Ratification of the issuance of checks for Payroll Warrant
Register No. 615 covering claims and demands presented during
the period of July 8 through August 18, 2007, drawn on Bank of
America totaling $3,779,824.49, which includes Check Nos. 9416
through 9449, excluding Check Nos. 9440 and 9441 (Accounting
period August 2007).
2. Ratification of City of Vernon Requisitions from the Light
& Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of August 23, 2007 through
September 12, 2007, drawn on The Bank of New York Mellon
Corporation totaling $7,496,649.11, which includes Requisition
Nos. CE323 through CE324.
3. 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 August 30
through September 12, 2007, drawn on The Bank of New York Mellon
Corporation totaling $870,411.55, which includes Requisition
Nos. LCD156 through LCD177.
Fire Department
4. Request for authorization and funds for personnel to attend
the following:
• "Los Angeles Area Fire Chiefs Association Bear Paw
Conference"
5. Fire Department Activity Report for the period of August 30
through September 12, 2007, to be received and filed.
Health Department
6. Ratification of attendance of the following and
authorization to reimburse personnel for funds incurred in
accordance with said attendance:
• "8-Hour HAZWOPER Annual CSHA Training Course"
7. Health Department Report for the month of August 2007, to
be received and filed.
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Regular City Council Meeting Minutes
September 17, 2007
Police Department
8. Request for authorization and funds for personnel to attend
the following:
0 "Dispatcher, Public Safety Advanced Course" (2)
9. Police Department Activity Log for the period of August 30
through September 12, 2007, to be received and filed.
End of Consent Calendar
It was moved by Ybarra, seconded by Davis, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
Request from the Director of Community Services &
Water for authorization to issue an open purchase order to
National Plant Services in the not to exceed amount of
$20,000.00 for emergency relief of sewer blockages, was
presented.
It was moved by Gonzales, seconded by McCormick, to
authorize the issuance of a purchase order to National Plant
Services in the not to exceed amount of $20,000.00 for emergency
relief of sewer blockages. Motion carried.
RESOLUTION NO. 9413 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Maintenance Agreement By and Between the City of Vernon and
Advanced Electronics, Inc. for Radio and Closed Circuit Video
Equipment Used by Various Departments in the City, was read by
title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9413 be approved and adopted. Motion carried.
RESOLUTION NO. 9414 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase Agreement By and Between the City of
Vernon and HBMI Solutions, LLC for Police Patrol Vehicle Mobile
Computers, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9414 be approved and adopted. Motion carried.
RESOLUTION NO. 9416 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Encroachment License Agreement No. 408 By and Between the City
of Vernon and 11 Mateo, LLC., was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9416 be approved and adopted. Motion carried.
RESOLUTION NO. 9417 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9410 Regarding
Exclusive Agreements with Third Parties Respecting the Potential
Purchase of Any City Asset, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9417 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
September 17, 2007
Ratification of the issuance of early checks for
Warrant Register No. 1225, covering claims and demands presented
during the period of August 30 through September 12, 2007, drawn
on Bank of America totaling $97,898.08, which includes Check
Nos. 317443 through 317505, excluding void Check Nos. listed
below (Accounting period September 2007), was presented.
317453, 317477, 317478, and 317482
It was moved by Ybarra, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1225,
covering claims and demands totaling $97,898.08, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself from voting on this matter.
Ratification of wire transfers for Warrant Register
No. 1225, covering claims and demands presented during the
period of August 30 through September 12, 2007, drawn on Bank of
America totaling $4,369.03, which includes Wire No. 250
(Accounting period September 2007), was presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Warrant Register No. 1225, covering claims
and demands totaling $4,369.03, be ratified. Motion carried.
Councilman Davis abstained and disqualified himself from voting
on this matter.
Warrant Register No. 1225, covering claims and demands
presented during the period of August 30 through September 12,
2007, drawn on Bank of America totaling $386,347.76, which
includes Check Nos. 317506 through 317600 (Accounting period
September 2007), was presented.
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1225 be approved and payment authorized for
claims and demands totaling $386,347.76. Motion carried.
Councilman Davis abstained and disqualified himself from voting
on this matter.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 190, covering claims and demands
presented during the period of August 30 through September 12,
2007, drawn on Bank of America totaling $27,471.35, which
includes Check Nos. 504637 through 504650 (Accounting period
September 2007), was presented.
It was moved by McCormick, seconded by Ybarra, that
the issuance of early checks for Light & Power Warrant Register
No. 190, covering claims and demands totaling $27,471.35, 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. 190, covering claims and demands presented
during the period of August 30 through September 12, 2007, drawn
on Bank of America totaling $1,962,309.57, which includes Wire
Nos. 3663 through 3674 (Accounting period September 2007), was
presented.
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September 17, 2007
It was moved by McCormick, seconded by Davis, that
wire transfers for Light & Power Warrant Register No. 190,
covering claims and demands totaling $1,962,309.57, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself from voting on this matter.
Light & Power Warrant Register No. 190, covering
claims and demands presented during the period of August 30
through September 12, 2007, drawn on Bank of America totaling
$185,824.98, which includes Check Nos. 504651 through 504687,
excluding void Check Nos. 504671 and 504672 (Accounting period
September 2007), was presented.
It was moved by Gonzales, seconded by Ybarra, that
Light & Power Warrant Register No. 190 be approved and payment
authorized for claims and demands totaling $185,824.98. Motion
carried. Councilman Davis abstained and disqualified himself
from voting on this matter.
The City Administrator announced that now was the time
for elected officials to report on conferences/seminars during
the period of September 4 through September 16, 2007.
Councilman Davis reported on the League of California
Cities Annual Conference that he, Mayor Pro-Tem Gonzales,
Councilman McCormick, Consultant Curtis Fresch, and various
department heads attended from September 5 through September 8,
2007, in Sacramento. While in Sacramento, he and the other
Councilmembers met with the City's lobbyist to discuss Vernon
Power Plant issues.
Mayor Pro-Tem Gonzales advised that the Fire Session
of the League Conference was cancelled.
Fire Chief Whitworth confirmed Mayor Pro-Tem
Gonzales's statement and advised that he found other sessions of
interest to attend.
Mayor Pro-Tem Gonzales reported that he also attended
various sessions of the conference, including one on identity
theft.
Councilman McCormick reported on the conference's
Energy Resources and Council of Governments sessions, which were
of particular interest to him.
The City Administrator announced that now was the time
for reports from departments.
The Fire Chief, Chief of Police, Finance Director,
Director of Personnel, Chief Deputy Director of Environmental
Health, Deputy Director of Community Services & Water, and
Director of Light & Power individually congratulated Councilman
McCormick on his new ICA Presidency.
The Fire Chief reported that he attended the League of
California Cities Conference sessions regarding safety issues
and met with various exhibitors. He advised the City Council
that two strike teams were deployed, one to Big Bear and the
other to Julian in San Diego County, to assist with putting out
fires.
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Regular City Council Meeting Minutes
September 17, 2007
The Chief of Police reported on the various sessions
he attended at the League Conference and summarized the
department's identity theft process.
The Finance Director, who sat in for the City
Treasurer, provided a status update on the Fiscal Year 2006-2007
audit and reported on the sessions he attended at the League
Conference, particularly the State Budget and Alternative Energy
Resources sessions.
The Director of Personnel reported on the various
sessions she attended at the League Conference and the tour she
took of the State Capitol Building.
The Deputy Director of Community Services & Water, who
sat in for the Director, provided an update on the City wells
project.
The Director of Light & Power reported on the
following matters:
1. The Air Quality Management District's emissions
requirements for the Vernon Power Plant.
2. The City's gas system.
3. A substantial power outage on September 12, 2007,
caused by a metallic balloon.
4. The acquisition of a replacement breaker from SCE at
an economical cost.
5. The Malburg Generating Station's transmission
distribution and its reliability.
Councilman Davis informed the Director of Light &
Power that there is a tree on the corner of Boyle Avenue and
Fruitland Avenue that is touching a 7kV transmission line.
The Director of Light & Power assured the City Council
that action would be taken with regard to the tree and the
transmission line.
The City Clerk reported on various sessions she
attended at the League Conference, one of particular interest to
her being the City Clerks Ethics 101 session. She also talked
about her experience at the ICA installation dinner for
Councilman McCormick held on September 13, 2007.
Councilman McCormick thanked all those who attended
the ICA installation dinner.
The City Administrator announced that now was the time
to go into closed session.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into closed session, the time being 10:43 a.m.
Motion carried.
Everyone was excluded from closed session with the
exception of Sergeant Jerry Chavez, the Chief of Police,
Director of Personnel, City Administrator, City Attorney, and
members of the City Attorney's office.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
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Regular City Council Meeting Minutes
September 17, 2007
Sergeant Chavez was excused from closed session after
the two Employee Discipline/Dismissal/Release matters pertaining
to him were heard, the time being 10:47 a.m.
The Chief of Police was excused from closed session
after the two Employee Discipline/Dismissal/Release matters
pertaining to one of his employees were heard, the time being
10:49 a.m.
The Director of Personnel was excused from closed
session after the two Employee Discipline/Dismissal/Release
matters and one Public Employment matter were heard, the time
being 10:56 a.m.
It was moved by McCormick, seconded by Gonzales, that
the City Council go out of closed session and resume regular
session, the time being 11:32 a.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding two Employee
Discipline/Dismissal/Release matters pursuant to Government Code
Section 54957, and the recommendations of the Chief of Police
respecting said matters were approved.
It was reported out that the City Council had a
conference in closed session regarding one Public Employment
matter pursuant to Government Code Section 54957, and the hiring
of Krystal Medina as an Administrative Clerk, step 6, effective
September 18, 2007, was approved.
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 authority was given to
the City Attorney's Office to settle cases LBO 0372099 and LBO
0372100. No action was taken on case LASC No. BC 331516.
a. LASC No. BC 331516
b. LBO 0372099
C. LBO 0372100
It was reported out that the City Council had a
conference in closed session with legal counsel regarding two
anticipated litigation matters pursuant to subdivision (b) of
Government Code Section 54956.9, and settlement authority was
given to the City Attorney's Office on both matters.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Ybarra, that the meeting be adjourned, the time being 11:32
a.m. Motion carried.
AT,YrEST :
M`anuela Giro
City Clerk
me: Leonis Malbu g
Title: Mayor
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