20080303 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MARCH 3, 2008, AT 10:00 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 Clerk advised that there were no changes to
the agenda.
It was moved by Gonzales, seconded by Ybarra, that the
Minutes of the Regular City Council Meeting held February 19,
2008, be approved and adopted as submitted. Motion carried.
The City Clerk announced that now was the time to
present the Service Pins.
The following employees were unable to attend the
meeting and their Service Pins were forwarded to them.
1. Antonio M. Lopez, Jr. Electronics Technician 10 Years
2. Maria J. Gonzalez Records Clerk 10 Years
The City Clerk 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.
ORDINANCE NO. 1134 - An Ordinance of the City Council
of the City of Vernon Amending Chapter 2, Administration, of the
Code of the City of Vernon, California, 1959, by Amending,
Renumbering and Reorganizing Various Sections in said Chapter
and Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title for a first reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1134 be approved for a first reading. Motion
carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
Regular City Council Meeting Minutes
March 3, 2008
The Consent Calendar was presented.
CONSENT CALENDAR
City Treasurer's Department
1. Ratification of Warrant Register No. 1231 to record voided
Check No. 318548 in the amount of $105.00 issued to CCAC on
December 3, 2007.
2. Ratification of Warrant Register No. 1235 to record the
following voided checks:
• Check No. 319325 in the amount of $1,649.12 issued to
Curtis Fresch on February 11, 2008.
• Check No. 319350 in the amount of $24,162.34 issued to
Camino Real Chevrolet on February 19, 2008.
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 February 9
through February 22, 2008, drawn on The Bank of New York Mellon
Corporation totaling $1,191,986.88, which includes Requisition
Nos. LCD275 through LCD284.
Fire Department
4. Request for authorization and funds for personnel to attend
the following:
• "Southern Division AFSS (Administrative Fire Services
Section) Quarterly Meeting"
5. Fire Department Activity Report for the period of February
14 through February 27, 2008, to be received and filed.
Health Department
6. Request for authorization and funds for personnel to attend
the following:
• "Food Safety - Good Manufacturing Practices Training
Course"
Police Department
7. Request for authorization and funds for personnel to attend
the following:
• "Lethal and Less Lethal Force Workshop" (2)
8. Police Department Activity Log for the period of February
14 through February 27, 2008, 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.
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Regular City Council Meeting Minutes
March 3, 2008
Request from the Director of Environmental Health for
authorization to conduct the second Electronic Waste (E-Waste)
Recycling Event in Vernon for Vernon businesses at no cost to
the City, was presented.
It was moved by McCormick, seconded by Gonzales, to
authorize the Director of Environmental Health to conduct the
second Electronic Waste (E-Waste) Recycling Event in Vernon for
Vernon businesses at no cost to the City on April 8, 2008.
Motion carried.
Request from the City Attorney for authorization to
reserve two tables at a total cost of $1,000.00 for the Chamber
of Commerce 58th Annual Installation Dinner & Awards Banquet to
be held March 26, 2008 at Stevens Steak & Seafood House in
Commerce, was presented.
It was moved by Ybarra, seconded by Davis, to
authorize the City Attorney to reserve two tables at a total
cost of $1,000.00 for the Chamber of Commerce 58th Annual
Installation Dinner & Awards Banquet to be held March 26, 2008
at Stevens Steak & Seafood House in Commerce. Motion carried.
RESOLUTION NO. 9559 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 610 for the
Citywide Sewer System Closed Circuit Television (CCTV)
Inspection and Authorizing Notice Inviting Sealed Proposals or
Bids in Accordance Therewith, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9559 be approved and adopted. Motion carried.
RESOLUTION NO. 9561 - A Resolution of the City Council
of the City of Vernon Authorizing the Appointment of an I-710
EIR/EIS Vernon Local Advisory Committee Comprised of Members
Appointed by the Vernon Chamber of Commerce, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9561 be approved and adopted. Motion carried.
RESOLUTION NO. 9563 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9542 by Amending
Section 9 and Schedule D and Deleting Section 6.3.4 of said
Resolution 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 McCormick, seconded by Davis, that
Resolution No. 9563 be approved and adopted. Motion carried.
RESOLUTION NO. 9564 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Maintenance of Landscape Area Within State
Highway Right of Way By and Between the City of Vernon and the
State of California, Acting By and Through the Department of
Transportation, for Slope Paving on Atlantic Boulevard South of
the New 26th Street Bridge, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9564 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
March 3, 2008
RESOLUTION NO. 9565 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Services Agreement By and Between the City of Vernon and Power
Engineers, Inc. for Operating Instruction Manuals for Owill,
Vernon and Ybarra Substations and to Provide On -Site CAD
Support, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9565 be approved and adopted. Motion carried.
RESOLUTION NO. 9566 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Services Agreement By and Between the City of Vernon and On -
Site Health Screening, Inc. for Health Screenings, was read by
title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9566 be approved and adopted. Motion carried.
RESOLUTION NO. 9567 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Consulting Services Agreement By and Between the City of
Vernon and Hector F. Elizalde Regarding Public Relations, was
read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9567 be approved and adopted. Motion carried.
RESOLUTION NO. 9568 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9362 by Adding
Section 12a(4) to said Resolution Regarding the Compensation,
Costs and Benefits of its Employees, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9568 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1236, covering claims and demands presented
during the period of February 14 through February 27, 2008,
drawn on Bank of America totaling $99,499.16, which includes
Check Nos. 319495 through 319544 (Accounting period March 2008),
was presented.
It was moved by Ybarra, seconded by Gonzales, that the
issuance of early checks for Warrant Register No. 1236, covering
claims and demands totaling $99,499.16, be ratified. Motion
carried. Councilman Davis abstained and disqualified himself on
this matter.
Ratification of wire transfers for Warrant Register
No. 1236, covering claims and demands presented during the
period of February 14 through February 27, 2008, drawn on Bank
of America totaling $1,475,464.65, which includes Wire Nos. 269
through 273 (Accounting period March 2008), was presented.
It was moved by Davis, seconded by McCormick, that
wire transfers for Warrant Register No. 1236, covering claims
and demands totaling $1,475,464.65, be ratified. Motion
carried.
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Regular City Council Meeting Minutes
March 3, 2008
Warrant Register No. 1236, covering claims and demands
presented during the period of February 14 through February 27,
2008, drawn on Bank of America totaling $614,136.52, which
includes Check Nos. 319545 through 319676 (Accounting period
March 2008), was presented.
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1236 be approved and payment authorized for
claims and demands totaling $614,136.52. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 201, covering claims and demands
presented during the period of February 14 through February 27,
2008, drawn on Bank of America totaling $39,483.51, which
includes Check Nos. 505227 through 505239 (Accounting period
March 2008), was presented.
It was moved by McCormick, seconded by Davis, that the
issuance of early checks for Light & Power Warrant Register No.
201, covering claims and demands totaling $39,483.51, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 201, covering claims and demands presented
during the period of February 14 through February 27, 2008,
drawn on Bank of America totaling $5,506,398.25, which includes
Wire Nos. 3862 through 3884 (Accounting period March 2008), was
presented.
It was moved by Ybarra, seconded by Gonzales, that
wire transfers for Light & Power Warrant Register No. 201,
covering claims and demands totaling $5,506,398.25, be ratified.
Motion carried.
Light & Power Warrant Register No. 201, covering
claims and demands presented during the period of February 14
through February 27, 2008, drawn on Bank of America totaling
$281,214.13, which includes Check Nos. 505240 through 505293
(Accounting period March 2008), was presented.
It was moved by Davis, seconded by McCormick, that
Light & Power Warrant Register No. 201 be approved and payment
authorized for claims and demands totaling $281,214.13. Motion
carried.
The City Clerk announced that now was the time for
elected officials to report on conferences/seminars attended
during the period of February 19 through March 2, 2008.
Councilman Davis reported on the "Power -Gen Renewable
Energy & Fuels 2008 Conference" he, Mayor Pro-Tem Gonzales, and
Councilman McCormick attended in Las Vegas, Nevada on February
19 through 21, 2008. He advised that delegates from all over
the world attended the conference to learn more about different
types of renewable energy such as solar, wind, and water.
Mayor Pro-Tem Gonzales reported on ethanol, which is
being promoted in San Diego County through the construction of
three ethanol stations. He also reported that a company in
China is focusing on the generation of solar/electrical energy.
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Regular City Council Meeting Minutes
March 3, 2008
Councilman McCormick reported on solar energy and the
associated generation costs, which is double that of electrical
energy.
Mayor Malburg did not attend the conference in Las
Vegas, but reported on a related article he read regarding
nuclear power plants. The article stated that there is only one
steel company in the world, located in Japan, that manufactures
the steel used in nuclear power plants.
The City Clerk announced that now was the time for
reports from departments.
The Fire Chief covered the following matters:
1. He thanked those who attended the Direction &
Control Meeting, chaired by the Mayor, in which a
Higher Ground exercise was simulated in preparation
of the possibility of a future tsunami. He
specifically thanked Lieutenant Calleros, Assistant
Fire Chief Lazar, and Carol Childers for organizing
the meeting.
2. He advised that Captain Richens was in charge, of the
training for the automated external defibrillators
(AEDs), the first session of which was scheduled to
take place on March 17, 2008, at Fire Station #1.
He stated that the AED training would also include
cardiopulmonary resuscitation (CPR) training and
that the participants would receive a CPR card upon
successful completion of the training.
3. He reminded everyone about the upcoming blood drive
scheduled to be held April 8, 2008, at Fire Station
#2.
4. He advised that the Fire Department would be
participating in the annual Alameda Corridor Drill
on March 9, 2008, near the intersection of Alameda
Street and 55th Street in Vernon.
5. He congratulated Mayor Pro-Tem Gonzales on his
pending reappointment as a Director of the Vernon
Natural Gas Financing Authority and Manuela Giron on
her appointment to the position of City Librarian.
The Chief of Police had nothing to report at this
time.
The City Treasurer had nothing to report at this time.
The Director of Personnel had nothing to report at
this time.
The Finance Director reported on the current variable
bond rates and the financial relief expected from the sale of
the Malburg Generating Station.
The Risk Manager announced that the On -Site Health
Screenings were coming up and advised those interested to call
Erika.Melchor at extension 286 to schedule an appointment.
Page 6 of 8
Regular City Council Meeting Minutes
March 3, 2008
The Director of Environmental Health announced that
the Health Department would be conducting the second E-Waste
Recycling Event on April 8, 2008, at Fire Station #1 due to the
demand from the business community. He advised that the first
e-waste event held in August 2007 was a success.
The Director of Community Services & Water provided
updates on the following projects:
1.26th Street Bridge, which was on schedule
2. Storm Drain
3. Demolition of Thermador site on District Boulevard,
including recent findings of an underground tank and
additional contaminated soil
The Director of Community Services & Water advised
that the Thermador site findings would necessitate a fifth
change order to the contract with U.S. Demolition, Inc. in the
amount of $50,000.00 to remove the tank and contaminated soil,
and requested approval of and authorization to execute said
change order.
It was moved by Gonzales, seconded by McCormick, to
approve Change Order No. Five to the contract with U.S.
Demolition, Inc. in the amount of $50,000.00, and to authorize
the Director of Community Services & Water to execute said
change order. Motion carried.
The Director of Light & Power reported on the
following matters:
1. His recent meeting with Siemens in London regarding
the cause of the Malburg Generating Station (MGS)
turbine breakdown in September 2007.
2. Insurance claims regarding the September 2007 MGS
turbine breakdown and the attempts being made to
settle all claims.
3. A recent meeting in New York with the City's
Financial Advisor, Craig Underwood, and
representatives of Bicent (California) Power, the
MGS buyer, to negotiate a prepay contract using the
proceeds of the MGS sale, which would provide
financial relief to the City.
4. The City's strong financial position compared to
other cities, due in part to the recent bond rate
restructuring that will reduce the City's costs.
5. A burglary at the Petrelli Yard, in which spools of
wire were stolen, the majority of which were
recovered, and two out of three suspects were taken
into custody.
The City Attorney,had nothing to report at this time.
The City Clerk had nothing to report at this time.
The City Clerk 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 11:00 a.m.
Motion carried.
Page 7 of 8
Regular City Council Meeting Minutes
March 3, 2008
Everyone was excluded from closed session with the
exception of the Director of Personnel, 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 11:03 a.m.
The Chief Deputy City Attorney was excused from closed
session at 11:04 a.m.
It was moved by Ybarra, seconded by Gonzales, that the
City Council go out of closed session and resume regular
session, the time being 11:35 a.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding four Public Employment
matters pursuant to Government Code Section 54957 and the
following new hire requests were approved.
1. Alexy Escobedo, Police Officer, step 5, effective
March 10, 2008.
2. Tracy -Nicole Neri Gupilan, Police Officer, step 6,
effective March 24, 2008.
3. Rafael Landa, Police Officer, step 6, effective
March 24, 2008.
4.Leonardo Diaz, Vernon Service Officer, step 8,
effective March 17, 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.
The two potential cases of litigation pursuant to
subdivision (b) of Government Code Section 54956.9 were
deferred.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Gonzales, that the meeting be adjourned, the time being 11:35
a.m. Motion carried.
i
r
M nuela Giron -
City Clerk
�NejLe : Leonis C . Malburg
Title: Mayor
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