20080317 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MARCH 17, 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 Administrator advised that there were no
changes to the agenda.
It was moved by Davis, seconded by Ybarra, that the
Minutes of the Regular City Council Meeting held March 3, 2008,
be approved and adopted as submitted. Motion carried.
The City Administrator announced that now was the time
to present a Merit Bar to Officer Richard Villegas in
recognition of the life-saving aid he provided to the victim of
an electrocution.
The Chief of Police provided the details regarding the
electrocution incident.
The Mayor presented the Merit Bar to Officer Richard
Villegas and extended congratulations to him on behalf of the
City Council.
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.
The City Administrator introduced Mr. Hector Elizalde,
who was in the audience, and advised that beginning April 1,
2008, Mr. Elizalde would be working as the City's liaison with
the communities in Vernon and surrounding cities.
Mr. Ronald Garcia of Southern California Edison,
introduced himself and addressed the City Council with respect
to the Californians for Solar and Clean Energy Proposition that
is expected to be on the November 2008 ballot. He advised that
the proposition calls for the establishment of minimum
percentages of energy production from renewable sources
throughout California as follows:
➢ 20 percent by 2010
➢ 40 percent by 2020
➢ 50 percent by 2025
The Mayor asked Mr. Garcia if he felt that the
requirements of the proposition were feasible.
Mr. Garcia stated that it would take great effort,
both financially and timewise.
Regular City Council Meeting Minutes
March 17, 2008
Mr. Albert De La Cruz, Utilityman III with the City of
Vernon, introduced himself and addressed the City Council with
respect to the Director of Community Services & Water's
recommendation regarding his employment status with the City,
which was slated for the Closed Session Employee
Discipline/Dismissal/Release portion of the meeting. Mr. De La
Cruz summarized his eighteen years of employment with the City,
provided the details of the recent incident that led to the
recommended change to his employment status, and asked the
Councilmembers to reconsider the recommendation of the Director
of Community Services & Water.
The Mayor asked if there was anyone else 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.
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 second and final reading.
It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 1134 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
The City Administrator announced that now was the time
to open the public hearing to consider evidence regarding the
adoption of a new Transmission Revenue Requirement associated
with the City's High Voltage Entitlements located outside the
City, and an amended Transmission Owner Tariff, pursuant to the
City's participation in the California Independent System
Operator.
It was moved by Gonzales, seconded by Davis, to open
the public hearing to consider evidence regarding the adoption
of a new Transmission Revenue Requirement associated with the
City's High Voltage Entitlements located outside the City, and
an amended Transmission Owner Tariff, pursuant to the City's
participation in the California Independent System Operator, the
time being 10:16 a.m. Motion carried.
The City Attorney requested a continuance of the
public hearing and deferment of Resolution No. 9562.
It was moved by McCormick, seconded by Ybarra, to
continue the public hearing to consider evidence regarding the
adoption of a new Transmission Revenue Requirement associated
with the City's High, Voltage Entitlements located outside the
City, and an amended Transmission Owner Tariff, pursuant to the
City's participation in the California Independent System
Operator to March 24, 2008, subject to the availability of the
City Councilmembers. Motion carried.
Page 2 of 12
Regular City Council Meeting Minutes
March 17, 2008
The City Administrator advised that Resolution No.
9562 should be deferred to the next meeting.
RESOLUTION NO. 9562 - A Resolution of the City Council
of the City of Vernon Adopting a New Transmission Revenue
Requirement Associated with Vernon's High Voltage (Over 200 KV)
Entitlements Located Outside of the City and Adopting an Amended
Transmission Owner Tariff for Purposes of the City's
Participation in the California Independent System Operator
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9562 be deferred to the next meeting. Motion
carried.
The City Administrator announced that now was the time
to open the public hearing to consider the adoption of an
ordinance amending the Master Plan of City Streets.
It was moved by Gonzales, seconded by McCormick, to
open the public hearing to consider the adoption of an ordinance
amending the Master Plan of City Streets, the time being 10:18
a.m. Motion carried.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
The Director of Community Services & Water gave a
slide presentation of the proposed street changes.
The Mayor asked if it would be feasible to widen
Vernon Avenue in the future.
The Director of Community Services & Water replied
that Vernon Avenue and many other City streets could be widened,
but it would take a lot of time as well as support from the
local business owners.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council on this matter.
There was no one else who wished to address the City
Council on this matter.
It was moved by McCormick, seconded by Gonzales, to
close the public hearing to consider the adoption of an
ordinance amending the Master Plan of City Streets, the time
being 10:30 a.m. Motion carried.
RESOLUTION NO. 9573 - A Resolution of the City Council
of the City of Vernon Approving and Adopting an Updated and
Revised'Vernon Master Plan of City Streets, Making Findings and
Adopting a Negative Declaration for the Revised Vernon Master Plan
of City Streets, was read by title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9573 be approved and adopted. Motion carried.
The City Administrator announced that now was the time
open the public hearing to consider the termination of the Non -
Exclusive Franchise for Solid Waste Management Services
Agreement between the City of Vernon and Norcal Waste Services,
Inc.
Page 3 of 12
Regular City Council Meeting Minutes
March 17, 2008
It was moved by Gonzales, seconded by McCormick, to
open the public hearing to consider the termination of the Non -
Exclusive Franchise for Solid Waste Management Services
Agreement between the City of Vernon and Norcal Waste Services,
Inc., the time being 10:30 a.m. Motion carried.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
The Director of Environmental Health summarized the
reasons for the recommended termination of the Non -Exclusive
Franchise for Solid Waste Management Services Agreement between
the City of Vernon and Norcal Waste Services, Inc.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council on this matter.
There was no one else who wished to address the City
Council on this matter.
It was moved by McCormick, seconded by Gonzales, to
close the public hearing to consider the termination of the Non -
Exclusive Franchise for Solid Waste Management Services
Agreement between the City of Vernon and Norcal Waste Services,
Inc., the time being 10:31 a.m. Motion carried.
RESOLUTION NO. 9577 - A Resolution of the City Council
of the City of Vernon Terminating the Non -Exclusive Solid Waste
Franchise Granted to Norcal Waste Services, Inc. by the City of
Vernon Pursuant to Resolution No. 7299, as Assigned by
Resolution No. 7762, was read by title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9577 be approved and adopted. Motion carried.
The Consent Calendar was presented.
CONSENT CALENDAR
City Council
1. Request for authorization for all City Council Members to
attend the "Solar Power Finance & Investment Summit" to be held
in San Diego, California on April 7 through 9, 2008, and
authorization of the appropriate funds related to registration,
lodging, and traveling expenses for this conference.
2. Request for authorization for all City Council Members to
attend the "National League of Cities Congress of Cities &
Exposition" to be held in Orlando, Florida on November 11
through 15, 2008, and authorization of the appropriate funds
related to registration, lodging, and traveling expenses for
this conference.
City Clerk's Department
3. Request for authorization and funds for personnel to attend
the following:
• "Managing Emotions and Thriving Under Pressure Seminar"
• "The Essentials of Managing the Front Desk Workshop"
Page 4 of 12
Regular City Council Meeting Minutes
March 17, 2008
City Treasurer's Department
4. Ratification of the issuance of checks for Payroll Warrant
Register No. 621 covering claims and demands presented during
the period of January 20 through February 16, 2008, drawn on
Bank of America totaling $2,753,951.16, which includes Check
Nos. 9546 through 9558 (Accounting period February 2008).
5. 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 23
through March 7, 2008, drawn on The Bank of New York Mellon
Corporation totaling $227,929.21, which includes Requisition
Nos. LCD285 through LCD289.
6. Ratification of City of Vernon Requisitions from the
Smurfit -Stone Container Enterprises/VPP Emission Credit Custody
Escrow Account No. 800506 covering claims and demands presented
during the period of February 23 through March 7, 2008, drawn on
The Bank of New York Mellon Corporation totaling $916,122.78,
which includes Requisition No. 002.
Community Services & Water Department
7. Request for authorization and funds for personnel to attend
the following:
• "Basic Supervision in Public Works"
• "CALBO Postdisaster Safety Assessment Evaluator Training
Update"
• "Carlson Fundamentals 2008 & Carlson Survey Office 2008"
Fire Department
8. Fire Department Activity Report for the period of February
28 through March 12, 2008, to be received and filed.
Health Department
9. Request for authorization and funds for personnel to attend
the following:
• "Ammonia Safety & Training Institute 32-Hour `Managing
Ammonia Emergencies'"
10. Health Department Report for the month of February 2008, to
be received and filed.
Light & Power Department
11. Request for authorization and funds for personnel to attend
the following:
• "Installing, Administering & Optimizing Exchange Server
2003 Workshop" (2)
• "SonicWALL Product Training Class" (2)
12. Request for authorization for one City consultant to attend
the "Solar Power Finance & Investment Summit" to be held in San
Diego, California on April 7 through 9, 2008, and authorization
of the appropriate funds related to registration, lodging, and
traveling expenses for this conference.
Page 5 of 12
Regular City Council Meeting Minutes
March 17, 2008
13. Request for authorization for one City consultant to attend
the "National League of Cities Congress of Cities & Exposition"
to be held in Orlando, Florida on November 11 through 15, 2008,
and authorization of the appropriate funds related to
registration, lodging, and traveling expenses for this
conference.
14. Resource Procurement Final Report for the month of August
2007, to be received and filed.
15. Resource Procurement Final Report for the month of
September 2007, to be received and filed.
Police Department
16. Request for authorization and funds for personnel to attend
the following:
• "Leadership & Accountability Course" (2)
• "Notary Update Seminar"
• "SB90 Spring 2008 Workshop" (2)
• "Public Records Act Class" (2)
17. Police Department Activity Log for the period of February
28 through March 12, 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.
Request from the Director of Community Services &
Water for ratification of the execution of Change Order No. Five
to the contract with U.S. Demolition, Inc. in the not to exceed
amount of $50,000.00 for the removal of materials discovered at
the demolition site when the existing building slabs were
removed, was presented.
It was moved by McCormick, seconded by Gonzales, to
ratify the execution of Change Order No. Five to the contract
with U.S. Demolition, Inc. in the not to exceed amount of
$50,000.00 for the removal of materials discovered at the
demolition site when the existing building slabs were removed.
Motion carried.
Request from the Director of Environmental Health for
approval of and authorization to execute Change Order No. One to
the contract with MSW Consultants in the not to exceed amount of
$90,000.00 for the Wood -Textile Diversion Program, Solid Waste
Alternatives Program Award Video, and Sustainability Technical
Assistance Program, was presented.
It was moved by Ybarra, seconded by Davis, to approve
Change Order No. One to the contract with MSW Consultants in the
not to exceed amount of $90,000.00 for the Wood -Textile
Diversion Program, Solid Waste Alternatives Program Award Video,
and Sustainability Technical Assistance Program, and to
authorize the Director of Environmental Health to execute said
change order. Motion carried.
Page 6 of 12
Regular City Council Meeting Minutes
March 17, 2008
Request from the Fire Chief for authorization to issue
an open purchase order to LN.Curtis & Sons in the not to exceed
amount of $45,000.00 for turnout gear for the firefighters
through the remainder of the 2007-2008 fiscal year, was
presented.
It was moved by McCormick, seconded by Ybarra, to
authorize the issuance of an open purchase order to LN Curtis &
Sons in the not to exceed amount of $45,000.00 for turnout gear
for the firefighters through the remainder of the 2007-2008
fiscal year. Motion carried.
RESOLUTION NO. 9569 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of South West Pump &
Drilling, Inc. for the Well 14 Packer Testing, Water Quality
Sampling and Liner Installation in Accordance with Contract No.
604 of the City of Vernon and Approving the Execution of Said
Contract, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9569 be approved and adopted. Motion carried.
RESOLUTION NO. 9570 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of Request for
Proposals for Annual Citywide Street Lane Line Striping for the
Department of Community Services & Water, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 9570 be approved and adopted. Motion carried.
RESOLUTION NO. 9571 - A Resolution of the City Council
of the City of Vernon Rejecting the Bid Received for Contract
No. 603, Approving Contract No. 611 for the Destruction of Well
18 and Authorizing Notice Inviting Sealed Proposals or Bids in
Accordance Therewith, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9571 be approved and adopted. Motion carried.
RESOLUTION NO. 9572 - A Resolution of the City Council
of the City of Vernon Authorizing the Sale of Surplus Property
from the Following Departments: Community Services & Water,
Light & Power, and Police Pursuant to Section 2.31 of the Vernon
City Code, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9572 be approved and adopted. Motion carried.
RESOLUTION NO. 9574 - 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
Richard C. Slade & Associates LLC Relating to Well 21, was read
by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9574 be approved and adopted. Motion carried.
RESOLUTION NO. 9575 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
an Aboveground Petroleum Storage Act (APSA) Program Grant
Application from the California Environmental Protection Agency,
was read by title.
Page 7 of 12
Regular City Council Meeting Minutes
March 17, 2008
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9575 be approved and adopted. Motion carried.
RESOLUTION NO. 9576 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the City's
Participation in a 2008 Click It or Ticket Seat Belt Mini
Enforcement Program Grant and Approving and Authorizing the
Execution of a Grant Agreement By and Between the City of Vernon
and University of California Berkeley Traffic Safety Center, was
read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9576 be approved and adopted. Motion carried.
RESOLUTION NO. 9578 - A Resolution of the City Council
of the City of Vernon Directing, Approving and Authorizing
Certain Actions by the Vernon National Gas Financing Authority
Relating to 2006 Series A, B and C Bonds, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9578 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1237, covering claims and demands presented
during the period of February 28 through March 12, 2008, drawn
on Bank of America totaling $382,210.16, which includes Check
Nos. 319677 through 319721, excluding Void Check No. 319704
(Accounting period March 2008), was presented.
It was moved by Ybarra, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1237,
covering claims and demands totaling $382,210.16, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
There were no wire transfers for Warrant Register No.
1237.
Warrant Register No. 1237, covering claims and demands
presented during the period of February 28 through March 12,
2008, drawn on Bank of America totaling $220,696.85, which
includes Check Nos. 319722 through 319886 (Accounting period
March 2008), was presented.
It was moved by G
Warrant Register No. 1237 b
claims and demands totaling
Councilman Davis abstained
matter.
onzales, seconded by McCormick, that
e approved and payment authorized for
$220,696.85. Motion carried.
and disqualified himself on this
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 202, covering claims and demands
presented during the period of February 28 through March 12,
2008, drawn on Bank of America totaling $65,383.56, which
includes Check Nos. 505294 through 505310 (Accounting period
March 2008), was presented.
It was moved by Ybarra, seconded by McCormick, that
the issuance of early checks for Light & Power Warrant Register
No. 202, covering claims and demands totaling $65,383.56, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Page 8 of 12
Regular City Council Meeting Minutes
March 17, 2008
Ratification of wire transfers for Light & Power
Warrant Register No. 202, covering claims and demands presented
during the period of February 28 through March 12, 2008, drawn
on Bank of America totaling $2,587,999.52, which includes Wire
Nos. 3885 through 3898 (Accounting period March 2008), was
presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 202,
covering claims and demands totaling $2,587,999.52, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Light & Power Warrant Register No. 202, covering
claims and demands presented during the period of February 28
through March 12, 2008, drawn on Bank of America totaling
$159,872.90, which includes Check Nos. 505311 through 505362
(Accounting period March 2008), was presented.
It was moved by Ybarra, seconded by Davis, that Light
& Power Warrant Register No. 202 be approved and payment
authorized for claims and demands totaling $159,872.90. Motion
carried.
The City Administrator announced that now was the time
for elected officials to report on conferences/seminars attended
during the period of March 3 through March 16, 2008.
Councilman Davis reported on the "National League of
Cities 2008 Congressional City Conference," he, Mayor Pro-Tem
Gonzales, and Councilman McCormick attended in Washington, DC,
on March 8 through 12, 2008. He advised that the general topic
of the conference was "The Betterment of the United States," and
that the conference covered all local government subjects, such
as funding, transportation, crime prevention, energy, mortgage
relief, etc.
Mayor Pro-Tem Gonzales reported on the Homeownership
Finance Session he attended at the 2008 Congressional City
Conference, which focused on mortgage foreclosures and how those
foreclosures affect cities.
Councilman McCormick reported on the Children's Safety
in Schools Session he attended at the 2008 Congressional City
Conference.
Mayor Pro-Tem Gonzales spoke about his experience at
the recent Southeast Water Coalition Board Meeting, at which the
requests from three cities, including Vernon, to add items to
the agenda were denied.
The City Administrator announced that now was the time
for reports from departments.
Fire Captain Dean Richens, who attended the meeting in
place of the Fire Chief, advised that the department would send
a fire engine with crew to the L.A. Job Fair on March 29, 2008,
to represent the City of Vernon. He reminded everyone that the
Blood Drive would take place on April 8, 2008, from 9:00 a.m. to
1:00 p.m. at Fire Station No. 2. He advised that the first
training session for the new AED units would be held that day,
March 17, 2008.
Page 9 of 12
Regular City Council Meeting Minutes
March 17, 2008
The Chief of Police advised that his department would
also be participating in the L.A. Job Fair on March 29, 2008, in
the City of Los Angeles at the corner of 47th Street and Honduras
Street.
The City Treasurer advised that budget training would
begin that week, the week of March 17, 2008.
The Director of Personnel had nothing to report at
this time.
The Finance Director provided an update on the City's
current financial situation with respect to rising bond interest
rate payments and the efforts of the Risk Manager and insurance
adjustors for the City to settle all claims for costs incurred
as a result of the Malburg Generating Station outage in
September 2007.
The Director of Environmental Health reminded everyone
of the upcoming E-waste recycling event to be held April 8,
2008, at Fire Station No. 1.
The Director of Community Services & Water reported on
the following matters:
1. The demolition project on District Boulevard in
which an underground tank was removed and the
contaminated soil was discovered running 25 feet
deep.
2. The 26th Street Bridge Project in which a gas line
was punctured by the contractor. The Fire
Department responded to the scene and no injuries or
transportation impact were reported.
The Director of Light & Power reported on the
following matters:
1. The Risk Manager's meetings with insurance adjustors
in attempts to settle all claims related to the
Malburg Generating Station (MGS) outage of September
2007, through which $4,000,000 out of a total of
$10,00'0,000 worth of claims had been recovered.
2. The department's attempts to implement hedges and
tools to protect the local business community from
energy inflation costs.
3. MGS reliability and the potential to increase
generated power up to 400 megawatts.
4. The restructuring of the gas bonds to limit
financial loss.
The City Attorney asked the City Councilmembers if
they would be available to hold a Special City Council Meeting
on March 24, 2008, at 10:00 a.m.
All five City Councilmembers confirmed that they would
be available to hold a Special City Council Meeting on March 24,
2008, at 10:00 a.m.
The City Clerk had nothing to report at this time.
The Mayor called a short recess at 11:34 a.m.
Page 10 of 12
Regular City Council Meeting Minutes
March 17, 2008
The City Council reconvened in regular session at
11:38 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 McCormick, seconded by Davis, that the
City Council go into closed session, the time being 11:38 a.m.
Motion carried.
Everyone was excluded from closed session with the
exception of Police Officer Docherty, 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.
Police Officer Docherty was excused from closed
session at 11:47 a.m.
The Chief of Police was excused from closed session at
12:04 p.m.
The Director of Personnel was excused from closed
session at 12:18 p.m.
It was moved by McCormick, seconded by Ybarra, that
the City Council go out of closed session and resume regular
session, the time being 12:37 p.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 Police Department suspension matter was
deferred while the Community Services & Water termination matter
was approved.
It was reported out that the City Council had a
conference in closed session regarding one Employee Appointment
matter pursuant to Government Code Section 54957 and the
reclassification of Scott Rigg, from Water Operations
Supervisor, step 1, to Public Works & Water Superintendent, step
2, effective March 16, 2008, was ratified.
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 no action was taken with
regard to case LASC No. BC 331516. Settlement authority was
granted to the City Attorney's Office with regard to the
remaining cases.
➢ WCAB Nos. VNO 0508364, VNO 0514506, VNO 0514507 and
VNO 0514508
Page 11 of 12
Regular City Council Meeting Minutes
March 17, 2008
There being no further business to come before the
City Council at this time, it was moved by Gonzales, seconded by
McCormick, that the meeting be adjourned, the time being 12:37
p.m. Motion carried.
ITEST :
anuela Giron
City Clerk
Naze_:.% Leonis C�- Malburg
Title: Mayor
Page 12 of 12