20080204 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
FEBRUARY 4, 2008, AT 10:14 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 a request from the
Director of Community Services & Water for approval of and
authorization to execute Change Order No. Three to the contract
with U.S. Demolition, Inc. at a cost not to exceed $132,909.00
was brought to the City Clerk's attention after the agenda was
posted, and asked that a vote be taken to determine that said
matter required immediate attention and to add said matter to
the agenda.
It was moved by Ybarra, seconded by Davis, to add the
request from the Director of Community Services & Water for
approval of and authorization to execute Change Order No. Three
to the contract with U.S. Demolition, Inc. at a cost not to
exceed $132,909.00 to the agenda. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
It was moved by Gonzales, seconded by McCormick, that
the Minutes of the Regular City Council Meeting held January 22,
2008, be approved and adopted as submitted. Motion carried.
The City Administrator announced that now was the time
to present the Service Pins.
The Mayor presented a Service Pin to Lorenzo Gaytan
and extended congratulations to him on behalf of the City
Council for his 10 years of service with the City.
The following employees were unable to attend the
meeting and their Service Pins were forwarded to them.
1. Gregory S. Galvan Engineer (Fire) 10 Years
2. Bryan D. Dome Engineer (Fire) 10 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.
There was no one who wished to address the City
Council at this time.
Regular City Council Meeting Minutes
February 4, 2008
ORDINANCE NO. 1140 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Amending Sections 16.24 and 16.25 of
Article II of Chapter 16 of said Code Relating to Law
Enforcement and Repealing all Ordinances or Parts of Ordinances
in Conflict Therewith, was read by title for a second and final
reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1140 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
ORDINANCE NO. 1141 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Adding Subparagraph 8 to Section 17.14 of
Chapter 17 and Adding Section 17.16 to Chapter 17 of said Code
Relating to Law Enforcement and Repealing all Ordinances or
Parts of Ordinances in Conflict Therewith, was read by title for
a second and final reading.
It was moved by Davis, seconded by Ybarra, that
Ordinance No. 1141 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
ORDINANCE NO. 1142 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959 by Adding Sections 2.5-6 and 2.5-7 to Chapter
2, Article I, Regarding the Finance and Personnel Committees and
Repealing all Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title for a second and final reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1142 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
In accordance with Government Code Section 7507, the
City Administrator made the following two announcements with
regard to the proposed Ordinance No. 1144:
1.Future annual costs as determined by the CalPERS
System Actuary for the proposed increase in
retirement benefits will be as follows:
a. Change in Present Value of Benefits $8,984,659
b. Change in Accrued Liability $6,298,475
c. Change in Total Employer Rate 6.930%
2. The local miscellaneous member contribution rate to
be paid by the City will be 8% of reportable
earnings, as of the effective date of the amendment
to the contract.
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Regular City Council Meeting Minutes
February 4, 2008
ORDINANCE NO. 1144 - An Ordinance of the City Council
of the City of Vernon Approving and Authorizing an Amendment to
the Contract Between the City Council of the City of Vernon and
the Board of Administration of the Public Employees' Retirement
System, was read by title for a first reading.
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 1144 be approved for a first reading. Motion
carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
ORDINANCE NO. 1145 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Deleting Section 2.4 of Chapter 2, Article
I, Creating a Subcommittee of the Finance Committee, was read by
title for a first reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1145 be approved for a first reading. Motion
carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
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 January 17
through January 25, 2008, drawn on The Bank of New York Mellon
Corporation totaling $211,572.07, which includes Requisition
Nos. LCD264 through LCD266.
2. Ratification of City of Vernon Requisitions from the
Remediation Proceeds Fund Custody Escrow Account No. 800460
covering claims and demands presented during the period of
January 17 through January 25, 2008, drawn on The Bank of New
York Mellon Corporation totaling $2,310,464.00, which includes
Requisition Nos. RPF005 through RPF011.
3. City of Vernon Report of Cash and Investments for Quarter
Ended December 31, 2007, to be received and filed.
Community Services & Water Department
4. City of Vernon Annual Traffic Collision Report for the 2006
calendar year, to be received and filed.
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Regular City Council Meeting Minutes
February 4, 2008
Fire Department
5. Request for authorization and funds for personnel to attend
the following:
• "Los Angeles Area Fire Chiefs Association Bear Paw
Conference"
6. Fire Department Activity Report for the period of January
16 through January 30, 2008, to be received and filed.
Police Department
7. Request for authorization and funds for personnel to attend
the following:
• "Review of Pennsylvania Amish School Shooting Training"
(4)
• "Inside the Tape Homicide & Crime Scene Management Death
Investigation Training Course" (2)
• "K-9 Explosives, Narcotics, and Supervision Seminar"
• "2008 California Sexual Assault Investigators Association
Conference"
• "FBI Law Enforcement Executive Development Seminar
8. Police Department Activity Log for the period of January 16
through January 30, 2008, to be received and filed.
End of Consent Calendar
It was moved by Ybarra, seconded by Gonzales, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
Request from the Chief of Police for approval of and
authorization to execute a contract with Brink's Incorporated
for the purchase of one armored truck at a cost of $10.00, was
presented.
It was moved by Ybarra, seconded by Davis, to approve
the contract with Brink's Incorporated for the purchase of one
armored truck at a cost of $10.00, and to authorize the Chief of
Police to execute said contract. Motion carried.
RESOLUTION NO. 9525 - 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 Quinn Company and Repealing Resolution No.
9486 Regarding Backhoe Loader, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9525 be approved and adopted. Motion carried.
RESOLUTION NO. 9538 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Wondries Chevrolet
aka Wondries Fleet on Bid No. 1448 for the Purchase of a 2008
Chevrolet Tahoe for the Fire Department and Approving and
Authorizing the Execution of a Vehicle Purchase Contract and the
Issuance of a Purchase Order Respecting said Bid, was read by
title.
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Regular City Council Meeting Minutes
February 4, 2008
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9538 be approved and adopted. Motion carried.
RESOLUTION NO. 9539 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Encroachment License Agreement No. 403 By and Between the City
of Vernon and H & N Foods International, was read by title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9539 be approved and adopted. Motion carried.
RESOLUTION NO. 9540 - A Resolution of the City Council
of the City of Vernon Approving and Adopting City of Vernon
Debarment Policy Relating to Federal Assistance Programs and the
City of Vernon Policy Respecting the Care and Procedures for the
Loss, Theft or Damage to City -Owned Property, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9540 be approved and adopted. Motion carried.
RESOLUTION NO. 9541 - 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
Steve Towles, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 9541 be approved and adopted. Motion carried.
RESOLUTION NO. 9542 - A Resolution of the City Council
of the City of Vernon Adopting an Amended and Restated Vacation
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 Ybarra, seconded by Davis, that
Resolution No. 9542 be approved and adopted. Motion carried.
RESOLUTION NO. 9543 - A Resolution of the City Council
of the City of Vernon Abolishing the Practice of Requiring
Police Officer and Firefighter Employment Agreements and
Rescinding the Employment Agreements with Richard Velazquez,
Kevin Michael Amoroso and Daniel Michael Onopa, was read by
title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9543 be approved and adopted. Motion carried.
RESOLUTION NO. 9544 - A Resolution of the City Council
of the City of Vernon Merging the Employee University Education
Loan Program and the Discretionary Educational Assistance
Program, Approving and Adopting a Revised Employee University
Education Loan Program Guidelines and Form Employee Tuition Loan
Reimbursement Agreement and Repealing All Resolutions or Parts
of Resolutions in Conflict Therewith, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9544 be approved and adopted. Motion carried.
RESOLUTION NO. 9545 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Professional Services By and Between the City
of Vernon, Dade Moeller & Associates and Filtrol Corporation,
was read by title.
Page 5 of 9
Regular City Council Meeting Minutes
February 4, 2008
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9545 be approved and adopted. Motion carried.
RESOLUTION NO. 9546 - A Resolution of the City Council
of the City of Vernon Establishing Annual Targets for Energy
Efficiency Savings and Demand Reduction for the Next Ten Years
and Approving the Results of an Independent Evaluation of Energy
Efficiency Savings and Demand Reduction Programs in Accordance
with Assembly Bill 2021, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9546 be approved and adopted. Motion carried.
RESOLUTION NO. 9547 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement By and Between the City of Vernon and F.
James Moriarty Relating to Internal Financial Reporting within
the Light & Power Department, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9547 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1234, covering claims and demands presented
during the period of January 17 through January 30, 2008, drawn
on Bank of America totaling $52,454.17, which includes Check
Nos. 319083 through 319122, (Accounting period February 2008),
was presented.
It was moved by Ybarra, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1234,
covering claims and demands totaling $52,454.17, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Ratification of wire transfers for Warrant Register
No. 1234, covering claims and demands presented during the
period of January 17 through January 30, 2008, drawn on Bank of
America totaling $15,724.10, which includes Wire No. 268
(Accounting period February 2008), was presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Warrant Register No. 1234, covering claims
and demands totaling $15,724.10, be ratified. Motion carried.
Warrant Register No. 1234, covering claims and demands
presented during the period of January 17 through January 30,
2008, drawn on Bank of America totaling $591,574.38, which
includes Check Nos. 319123 through 319273 (Accounting period
February 2008), was presented.
It was moved by Ybarra, seconded by Davis, that
Warrant Register No. 1234 be approved and payment authorized for
claims and demands totaling $591,574.38. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 199, covering claims and demands
presented during the period of January 17 through January 30,
2008, drawn on Bank of America totaling $17,393.48, which
includes Check Nos. 505091 through 505108 (Accounting period
February 2008), was presented.
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Regular City Council Meeting Minutes
February 4, 2008
It was moved by Davis, seconded by McCormick, that the
issuance of early checks for Light & Power Warrant Register No.
199, covering claims and demands totaling $17,393.48, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 199, covering claims and demands presented
during the period of January 17 through January 30, 2008, drawn
on Bank of America totaling $2,700,113.65, which includes Wire
Nos. 3831 through 3847 (Accounting period February 2008), was
presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 199,
covering claims and demands totaling $2,700,113.65, be ratified.
Motion carried.
Light & Power Warrant Register No. 199, covering
claims and demands presented during the period of January 17
through January 30, 2008, drawn on Bank of America totaling
$401,878.59, which includes Check Nos. 505109 through 505158,
(Accounting period February 2008), was presented.
It was moved by Ybarra, seconded by Davis, that Light
& Power Warrant Register No. 199 be approved and payment
authorized for claims and demands totaling $401,878.59. Motion
carried.
Request from the Director of Community Services &
Water for approval of and authorization to execute Change Order
No. Three to the contract with U.S. Demolition, Inc. at a cost
not to exceed $132,909.00 for removal of a concrete slab at the
5119 District Boulevard site, was presented.
It was moved by McCormick, seconded by Gonzales, to
approve Change Order No. Three to the contract with U.S.
Demolition, Inc. at a cost not to exceed $132,909.00, and to
authorize the Director of Community Services & Water to execute
said change order. Motion carried.
The City Administrator announced that now was the time
for elected officials to report on conferences/seminars during
the period of December 17, 2007 through January 6, 2008.
Elected officials had nothing to report for the period
of January 22 through February 3, 2008.
The City Administrator announced that now was the time
for reports from departments.
The Fire Chief had nothing to report at this time.
The Chief of Police thanked the City Council for
approving his employment contract (Resolution No. 9541),
Resolution No. 9543, and the contract with Brink's for the
armored truck.
The Finance Director advised that he would be working
with F. James Moriarty on the monthly management reports for the
Light & Power Department.
Page 7 of 9
Regular City Council Meeting Minutes
February 4, 2008
The Director of Personnel advised that the timeline
for the implementation of the new Eden payroll module would
begin February 4, 2008.
The Director of Environmental Health advised that the
2008 food vehicle inspections of approximately 130 trucks was
completed last week.
The Director of Community Services & Water provided
updates on the following projects, which had been impacted by
recent rain:
1. Demolition of Thermador site on District Boulevard
2. 26th Street Bridge
3. 26th Street Improvement
Councilman Davis asked the Director of Community
Services & Water to provide an update with regard to possible
solutions to the flickering light problem in the Council
Chamber.
The Director of Community Services & Water advised
that the department is in the process of obtaining and
installing a "soft start" device to minimize the amperage impact
when the air conditioning unit kicks on, which should minimize
the flickering light problem.
The Director of Light & Power provided an update on
the Malburg Generating Station (MGS) transmission distribution
and reliability. He also reported on the department's efforts,
in conjunction with the Risk Manager, to close all pending
invoices/charges associated with the September 2007 breakdown of
MGS turbine units 1 and 2.
The Mayor asked if there have been any studies
regarding the effects of mylar balloons on utility transmission
lines.
Mr. Ron Garcia of Southern California Edison stated
that there is some type of legislation regarding metallic
balloons and transmission lines, but that it is a very difficult
issue to handle.
The Risk Manager provided an update on the
medical/dental enrollment process.
The City Attorney had nothing to report at this time.
The City Clerk had nothing to report at this time.
Councilman McCormick asked for updates on the graffiti
truck and lighting of the water tower.
The Director of Community Services & Water advised
that the department must establish the City's needs/standards
for the graffiti truck and prepare the specifications to equip
the truck. Regarding the lighting of the water tower, he
advised that Petrelli Electric had referred a few lighting
contractors that the department would be contacting soon. He
stated that he would have further updates on both matters in
about a month.
The Mayor called a short recess at 11:08 a.m.
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Regular City Council Meeting Minutes
February 4, 2008
The City Council reconvened in regular session at
11:17 a.m., all members present before the recess again being
present.
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 11:17 a.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 at 11:20 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 11:41 a.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding one Employee Evaluation
matter pursuant to Government Code Section 54957 and a merit
step increase was granted to Teresa Nelson, Senior Dispatcher,
from step 4 to step 3, effective February 3, 2008.
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 closed session conference
with legal counsel regarding one potential case of litigation
pursuant to subdivision (b) of Government Code Section 54956.9
was deferred.
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 11:41
a.m. Motion carried.
A EST:
Manuela Giron
City Clerk
Nam Leonis C`. Malburg
Title: Mayor
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