20071002 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
OCTOBER 2, 2007, AT 3:00 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, Davis, McCormick,
Ybarra entered at 3:50 p.m.
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
The City Administrator advised that the following two
resolutions, which require immediate action, were brought to the
attention of the City Clerk after the agenda was posted. He
asked that a vote be taken to find that said resolutions
required immediate action and to add said resolutions to the
agenda.
1. RESOLUTION NO. 9434 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of an Independent
Contractor Agreement (Ambulance Services) By and
Between the City of Vernon and Bowers Companies,
Inc. dba Bowers Ambulance Services
2. RESOLUTION NO. 9435 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of an Equipment Lease
Agreement By and Between the City of Vernon and
Siemens Demag Delaval Turbomachinery, Inc.
It was moved by Gonzales, seconded by Davis, to add
Resolution Nos. 9434 and 9435 to the agenda. Motion carried.
Ayes: Malburg, Gonzales, Davis, McCormick
Noes: None
Absent: Ybarra
Abstained: None
The City Attorney advised that the following revisions
were made to Resolution No. 9431:
➢ Page 1, Line 22: omitted the words, "...for the sum of
$330, 000, 000..."
➢ Page 2, Lines 9-10: inserted the words, "...at a sale
price of not less than $330,000,000..."
It was moved by Davis, seconded by McCormick, that the
Minutes of the Regular City Council Meeting held September 17,
2007, be approved and adopted as submitted. Motion carried.
It was moved by Gonzales, seconded Davis, that the
Minutes of the Special City Council Meeting held September 25,
2007, be approved and adopted as submitted. Motion carried.
Mayor Malburg abstained and disqualified himself on this matter.
The City Administrator announced that now was the time
to present the Service Pins.
Adjourned City Council Meeting Minutes
October 2, 2007
The Mayor presented Service Pins to the following
employees and extended congratulations to each on behalf of the
City Council.
1. Andrew Thompson Utilityman II 20 Years
2. Christian Moscoso Police Officer 20 Years
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. Roy Iskander, co-owner of Bowers Ambulance
Services, addressed the City Council, provided a brief
introduction of his company, and offered to answer any questions
the Council had with regard to Resolution No. 9434 on the
agenda.
The Mayor asked if any of the Councilmembers had any
questions for Mr. Iskander.
None of the City Councilmembers had any questions for
Mr. Iskander at this time.
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 City Administrator announced that now was the time
to consider written appeals from FCI Constructors, Inc. and Law
Offices of David D. Won on behalf of J. Top Group, LLC,
regarding the property located at 2626 Santa Fe Avenue.
The Director of Community Services & Water summarized
the staff report on this matter and recommended that the appeal
be denied based on the fact that the proposed operation is not
in accordance with the City's Zoning Ordinance.
Mayor Pro-Tem Gonzales asked if there had been any
other business operations in the past similar to the proposed
one.
The Director of Community Services & Water advised
that there had not been any other business operations in the
past similar to the proposed one.
Mr. Thomas Tischer, Project Manager of FCI
Constructors, Inc., addressed the City Council and briefed them
on the on -going Caltrans project he is currently overseeing. He
advised that the proposed business operation would be for
approximately 18 months and stated that his company is willing
to pay additional fees, if necessary.
Mr. Jae Soo Aoh, property owner of 2626 Santa Fe
Avenue, addressed the City Council and asked for their support
on this matter.
Page 2 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
The Mayor asked if there were any other questions on
this matter at this time.
There were no other questions on this matter at this
time.
The Director of Community Services & Water asked the
City Council for direction on this matter.
The Mayor asked the Councilmembers for their comments.
Mayor Malburg, Mayor Pro -Tern Gonzales, Councilman
Davis, and Councilman McCormick all supported the recommendation
of the Director of Community Services & Water to deny the
appeal.
The Director of Community Services & Water advised
that a resolution denying the appeal would be presented at the
City Council meeting of October 15, 2007.
The City Administrator advised that Resolution Nos.
9432 and 9434 on the agenda would be presented for consideration
at this time.
RESOLUTION NO. 9432 - A Resolution of the City Council
of the City of Vernon Terminating the Agreement for Mobile
Intensive Care Unit (MICU) Paramedic and Ambulance Services and
Use of City Vehicle, Equipment and Facilities with American
Medical Response, Inc. and Authorizing the Fire Chief to Enter
Into Negotiations with Bowers Ambulance for said Services, was
read by title.
The Fire Chief explained the necessity of terminating
the agreement with American Medical Response, Inc. and the
negotiation process with Bowers Companies, Inc. dba Bowers
Ambulance Services.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9432 be approved and adopted. Motion carried.
RESOLUTION NO. 9434 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Independent Contractor Agreement (Ambulance Services) By and
Between the City of Vernon and Bowers Companies, Inc. dba Bowers
Ambulance Services, was read by title.
Mr. Roy Iskander, on behalf of Bowers Companies, Inc.,
expressed interest in providing ambulance services for the City
of Vernon and introduced Mr. Paul Scarborough, Director of
Operations, to the City Council.
The Fire Chief summarized the details of Resolution
No. 9434 and explained the necessity of replacing the previous
ambulance services provider, American Medical Response, Inc.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9434 be approved and adopted. Motion carried.
Page 3 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
RESOLUTION NO. 9422 - A Resolution of the City Council
of the City of Vernon Providing for the Recognition of Certain
Signatures on Warrants Issued by the City of Vernon to Withdraw
Funds Deposited by the City of Vernon in any Bank Account, was
read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9422 be approved and adopted. Motion carried.
The Consent Calendar was presented.
CONSENT CALENDAR
City Treasurer's Department
1. 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 September 13
through September 26, 2007, drawn on The Bank of New York Mellon
Corporation totaling $162,649.86, which includes Requisition
Nos. LCD178 through LCD184.
Community Services & Water Department
2. Request for authorization and funds for personnel to attend
the following:
• "2007 CALBO Education Week" (6)
• "Annual MUTCD Workshop"
Fire Department
3. Fire Department Activity Report for the period of September
13 through September 26, 2007, to be received and filed.
Health Department
4. Ratification of the attendance of the following and
authorization to reimburse personnel for the associated costs
incurred:
• "Cal/EPA Basic Inspector Academy"
5. Request for authorization and funds for personnel to attend
the following:
• "California Environmental Health Association 2007 Update"
Police Department
6. Request for authorization and funds for personnel to attend
the following:
• "VisionAir 2007 Users Conference" (3)
7. Police Department Activity Log for the period of September
13 through September 26, 2007, to be received and filed.
Page 4 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
Risk Management Department
8. Request for.authorization and funds for personnel to attend
the following:
• "Workplace Safety & OSHA Compliance 2007 Seminar"
End of Consent Calendar
It was moved by Davis, seconded by McCormick, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
Request from the Director of Light & Power for
approval of and authorization to execute the following Work
Authorization Nos. of the contract with Galliera Inc., dba Trico
Construction ("Trico") at the stated amounts, was presented.
1. PM-184-07-MGS in the estimated amount of $40,150.00
for installation of new 12-inch duplex strainer and
associated piping.
2. PM-196-07-GAS in the estimated amount of $30,653.55
for new gas service connection for Coast Packing.
It was moved by Gonzales, seconded by Davis, to
approve the aforementioned Work Authorization Nos. of the
contract with Galliera Inc., dba Trico Construction ("Trico") at
the stated amounts, and to authorize the Director of Light &
Power to execute said work authorizations. Motion carried.
RESOLUTION NO. 9415 - 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 AFS, Inc., aka Ironman Parts & Service, for
the Retrofitting of Diesel Vehicles, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9415 be approved and adopted. Motion carried.
RESOLUTION NO. 9419 - A Resolution of the City Council
of the City of Vernon Making Certain Findings Relating to the
Sale of Power Generation and Transmission Assets Pursuant to the
California Environmental Quality Act and Authorizing the Filing
of a Notice of Exemption for said Project, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9419 be approved and adopted. Motion carried.
RESOLUTION NO. 9423 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Two to Employment Agreement By and Between the
City of Vernon and Bruce V. Malkenhorst, Jr. for Legal Services,
was read by title.
The Mayor asked for a brief explanation of Resolution
No. 9423.
The City Attorney explained that the proposed
amendment would increase the monthly hours Mr. Malkenhorst would
be required to work at the same monthly compensation amount.
Page 5 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
It was moved by McCormick, seconded by Davis, that
Resolution No. 9423 be approved and adopted. Motion carried.
RESOLUTION NO. 9424 - A Resolution of the City Council
of the City of Vernon Approving a Lot Line Adjustment of City of
Vernon Owned Parcels, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9424 be approved and adopted. Motion carried.
RESOLUTION NO. 9425 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Letter of Understanding Amending Agreement with United of Omaha
Life Insurance Company Regarding Plan Coverage for Employee, was
read by title.
The Risk Manager advised that Resolution No. 9425
provided for the acceptance of the appeal of Mr. Dan Downing.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9425 be approved and adopted. Motion carried.
RESOLUTION NO. 9426 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Purchase Agreement for Imported Water to be Provided by
Central Basin Municipal Water District By and Between the City
of Vernon and Central Basin Municipal Water District, was read
by title.
The Director of Community Services & Water summarized
the details of Resolution No. 9426 and recommended the City
enter into the proposed agreement with Central Basin Municipal
Water District.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9426 be approved and adopted. Motion carried.
At this point, the time being 3:50 p.m., Councilman
Ybarra entered the meeting.
RESOLUTION NO. 9427 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Joint Exercise of Powers Agreement By and Between the
Southeast Water Coalition and Various Cities Regarding Los
Angeles Gateway Region Integrated Regional Water Management
Authority, was read by title.
The Director of Community Services & Water summarized
the details of Resolution No. 9427 and recommended the City
participate in the proposed Joint Exercise of Powers Agreement.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9427 be approved and adopted. Motion carried.
The City Administrator announced that now was the time
to appoint a Governing Board representative and an alternate
representative for the Los Angeles Gateway Region Integrated
Regional Water Management Authority.
Page 6 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
It was moved by Gonzales, seconded by Davis, to
appoint Kevin Wilson, Director of Community Services & Water, as
the Governing Board representative and Sherwood Natsuhara,
Deputy Director of Community Services & Water, and Scott Rigg,
Water Operations Supervisor, as the alternate representatives of
the City for the Los Angeles Gateway Region Integrated Regional
Water Management Authority. Motion carried.
RESOLUTION NO. 9428 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of One 2007 Chevrolet
Silverado for the Police Department, was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9428 be approved and adopted. Motion carried.
RESOLUTION NO. 9429 - A Resolution of the City Council
of the City of Vernon Rescinding Resolution No. 9407 and
Ratifying the Acceptance of the Bid of Re RE Fiege Co., Inc. for
the Renovation, Reconstruction and Remodeling of City -Owned
Housing Located at 4326, 4327 and 4330 Furlong Avenue Place, was
read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9429 be approved and adopted. Motion carried.
RESOLUTION NO. 9430 - A Resolution of the City Council
of the City of Vernon Amending Rate Schedule Nos. CS, D, GS-1,
GS-2, LS-1, LS-2, OL-1, PA-1, PA-2, PA-TOU, S, TC-1, TOU-G, TOU-
I and TOU-V and Adding New Rate Schedule Nos. TOU GS-1, TOU GS-
2, TOU PA-1 and TOU-D Regarding Electrical Rates to be Charged
for Electrical Energy Distributed and Supplied by the City
within its Boundaries, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9430 be approved and adopted. Motion carried.
RESOLUTION NO. 9431 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Purchase and Sale Agreement and Related Documents By and
Between the City of Vernon and Beowulf (Vernon) Power LLC
Regarding the Malburg Generating Station and Other Power
Generation and Transmission Assets, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9431 be approved and adopted. Motion carried.
The City Attorney requested that Resolution No. 9433
be removed from the agenda and no action be taken with regard to
said matter at this time.
RESOLUTION NO. 9433 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Indemnity Agreement By and Between the City of Vernon, DP
Vernon, LLC and Downtown Properties Regarding Property Located
at 5001 South Soto Street in the City of Vernon
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9433 be removed from the agenda. Motion carried.
Page 7 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
RESOLUTION NO. 9435 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Lease Agreement By and Between the City of Vernon
and Siemens Demag Delaval Turbomachinery, Inc., was read by
title.
The Director of Light & Power explained that the
proposed lease agreement with Siemens Demag Delaval
Turbomachinery, Inc. ("Siemens") was necessary due to the recent
turbine incident at the Malburg Generating Station ("MGS"),
which he described in detail.
Councilman Davis asked how much it would cost to
repair the damaged turbine rather than rent a replacement as
outlined in the proposed agreement with Siemens.
The Director of Light & Power explained the details of
the proposed lease agreement and advised that the money spent on
the lease would be applied toward the purchase price of the
replacement.
The Mayor asked if the MGS was operating at 50%
capacity.
The Director of Light & Power advised that MGS was
completely off-line. He described in detail the events that
occurred with regard to the malfunction/failure of the MGS
turbine and the actions taken by his department to minimize the
down period.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9435 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1226, covering claims and demands presented
during the period of September 13 through September 26, 2007,
drawn on Bank of America totaling $69,895.49, which includes
Check Nos. 317601 through 317639, (Accounting period October
2007), was presented.
It was moved by Ybarra, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1226,
covering claims and demands totaling $69,895.49, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Ratification of wire transfers for Warrant Register
No. 1226, covering claims and demands presented during the
period of September 13 through September 26, 2007, drawn on Bank
of America totaling $379,072.13, which includes Wire Nos. 251
through 254 (Accounting period October 2007), was presented.
It was moved by McCormick, seconded by Ybarra, that
wire transfers for Warrant Register No. 1226, covering claims
and demands totaling $379,072.13, be ratified. Motion carried.
Councilman Davis abstained and disqualified himself on this
matter.
Page 8 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
Warrant Register No. 1226, covering claims and demands
presented during the period of September 13 through September
26, 2007, drawn on Bank of America totaling $370,229.83, which
includes Check Nos. 317640 through 317796 (Accounting period
October 2007), was presented.
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1226 be approved and payment authorized for
claims and demands totaling $370,229.83. Motion carried.
Councilman Davis abstained and disqualified himself on this
matter.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 191, covering claims and demands
presented during the period of September 13 through September
26, 2007, drawn on Bank of America totaling $237,718.94, which
includes Check Nos. 504688 through 504695 (Accounting period
October 2007), was presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Light & Power Warrant Register
No. 191, covering claims and demands totaling $237,718.94, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Ratification of wire transfers for Light & Power
Warrant Register No. 191, covering claims and demands presented
during the period of September 13 through September 26, 2007,
drawn on Bank of America totaling $3,552,986.61, which includes
Wire Nos. 3675 through 3691 (Accounting period October 2007),
was presented.
It was moved by Ybarra, seconded by Gonzales, that
wire transfers for Light & Power Warrant Register No. 191,
covering claims and demands totaling $3,552,986.61, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Light & Power Warrant Register No. 191, covering
claims and demands presented during the period of September 13
through September 26, 2007, drawn on Bank of America totaling
$189,541.03, which includes Check Nos. 504696 through 504741,
(Accounting period October 2007), was presented.
It was moved by Gonzales, seconded by Ybarra, that
Light & Power Warrant Register No. 191 be approved and payment
authorized for claims and demands totaling $189,541.03. Motion
carried. Councilman Davis abstained and disqualified himself on
this matter.
The City Administrator announced that now was the time
to hold the discussion regarding tuition reimbursements to City
employees under the City's University Education Program.
The City Attorney addressed the concerns expressed by
the City Council regarding tuition reimbursements to City
employees under the City's University Education Program and
advised that said program was previously approved and adopted in
2006 through Resolution No. 9162 and asked if there was a need
to revisit this matter.
Page 9 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
The City Council did not have any other concerns
regarding tuition reimbursements to City employees under the
City's University Education Program.
The City Administrator announced that now was the time
for elected officials to report on conferences/seminars during
the period of September 17 through September 30, 2007.
Elected officials had nothing to report for the period
of September 17 through September 30, 2007.
The City Administrator announced that now was the time
for reports from departments.
The Fire Chief thanked the City Council for approving
the agreement with Bowers Companies, Inc. for ambulance
services. He also provided an update on the department's
Firefighter Reserve Program.
The Chief of Police had nothing to report at this
time.
The Finance Director provided an update on the
2006/2007 fiscal year audit currently in progress.
The Director of Personnel had nothing to report at
this time.
The Director of Environmental Health had nothing to
report at this time.
The Director of Community Services & Water commended
the teamwork of all the parties involved in the construction of
the new Fire Station No. 2, which served to keep the number of
contract change orders to a record low. He also provided an
update on the comments received from the business community with
regard to the upcoming proposed amendment to the zoning
ordinance. Further, he summarized the proposed changes to the
zoning ordinance - the extension from one year to two years on
vacant buildings and no limitation of warehouse use throughout
the City - and sought direction from the City Council with
regard to the proposed changes.
The City Administrator announced that now was the time
to go into closed session.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session, the time being 4:48 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the 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.
The Director of Personnel was excused from closed
session after the two Public Employment matters were heard, the
time being 4:49 p.m.
Page 10 of 11
Adjourned City Council Meeting Minutes
October 2, 2007
It was moved by Gonzales, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 5:00 p.m. Motion carried.
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
following new hire requests were ratified/approved, in said
order.
1. William Hsiao, as an Information Technology Analyst,
step 7, effective September 18, 2007.
2. Alex Ly, as an Information Technology Analyst, step
5, effective October 3, 2007.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding
existing litigation case LASC No. BC331516 pursuant to
subdivision (a) of Government Code Section 54956.9, and no
action was taken with regard to said case.
It was reported out that the one anticipated
litigation matter listed on the agenda pursuant to subdivision
(b) of Government Code Section 54956.9, was erroneously
included, and that no anticipated litigation matters were
discussed.
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 5:00
p.m. Motion carried.
AT EST:
7L
Manuela Giro
City Clerk
Na e: Leonis MalbLYrg
Title: Mayor
Page 11 of 11