20080421 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
APRIL 21, 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 there were no
changes to the agenda.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the Regular City Council Meeting held April 7, 2008,
be approved and adopted as submitted. Motion carried.
Councilman McCormick abstained and disqualified himself on this
matter.
RESOLUTION NO. 9594 - A Resolution of the City Council
of the City of Vernon Authorizing the City Clerk to Make and
Deliver a Certificate of Election to Council Member Hilario
Gonzales and to Administer the Oath of Office, was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9594 be approved and adopted. Motion carried.
Councilman Gonzales abstained and disqualified himself on this
matter.
The City Clerk administered the Oath of Office to Mr.
Hilario Gonzales and signed the Certificate of Election.
RESOLUTION NO. 9595 - A Resolution of the City Council
of the City of Vernon Authorizing the City Clerk to Make and
Deliver a Certificate of Election to Council Member William J.
Davis and to Administer the Oath of Office, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 9595 be approved and adopted. Motion carried.
Councilman Davis abstained and disqualified himself on this
matter.
The City Clerk administered the Oath of Office to Mr.
William J. Davis and signed the Certificate of Election.
The City Administrator announced that this was the
time to appoint members to the following offices for the
following committees:
• Finance Committee:
➢ Chairman:
➢ Vice Chairman:
• Personnel Committee:
➢ Chairman:
➢ Vice Chairman:
• Public Benefits Resource Committee:
➢ Chairman:
➢ Vice Chairman:
Regular City Council Meeting Minutes
April 21, 2008
• Police & Fire Commission:
➢ Chairman:
➢ Vice Chairman:
➢ Alternates:
It was moved by Gonzales, seconded by McCormick, to
reappoint the current members to the same offices as follows.
Motion carried.
• City Council: Malburg, Gonzales, Ybarra, Davis,
McCormick
➢ Mayor: Malburg
➢ Mayor Pro Tempore: Gonzales
• Finance Committee: Five Current City Council
Members
➢ Chairman: Malburg
➢ Vice Chairman: Gonzales
• Personnel Committee: Five Current City Council
Members
➢ Chairman: Malburg
➢ Vice Chairman: Gonzales
• Public Benefits Resource Committee: Five Current
City Council Members
➢ Chairman: Malburg
➢ Vice Chairman: Gonzales
• Police & Fire Commission: Malburg, Gonzales,
McCormick
➢ Chairman: Malburg
➢ Vice Chairman: Gonzales
➢ Alternates: Ybarra, Davis
The City Administrator announced that this 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. 1146 - An Ordinance of the City Council
of the City of Vernon Amending Section 2.69-1 of Chapter 2,
Administration, of the Code of the City of Vernon, California,
1959, 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. 1146 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
The City Administrator announced that this was the
time to open the public hearing to consider an amendment to the
existing variance for Orient Fisheries, Inc. located at 5970
Alcoa Avenue.
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Regular City Council Meeting Minutes
April 21, 2008
It was moved by Davis, seconded by Ybarra, to open the
public hearing to consider an amendment to the existing variance
for Orient Fisheries, Inc. located at 5970 Alcoa Avenue, the
time being 10:22 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 summarized
the details of the amendment to the existing variance for Orient
Fisheries, Inc., which would include only on -site parking and
not the additional parking previously approved by Resolution No.
9514. He advised that the parking request was exempt from the
California Environmental Quality Act (CEQA) and recommended that
the amendment to the variance be approved and a Notice of
Exemption be filed.
Mayor Pro-Tem Gonzales asked how many companies had
requested variances for the same parking issue.
The Director of Community Services & Water advised
that only one company, Owens Brockway, had requested a variance
for the same parking issue prior to the one from Orient
Fisheries, Inc. He advised that the City was implementing the
variance process to provide adequate parking to companies
without having to burden neighboring businesses.
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 Davis, to close
the public hearing to consider an amendment to the existing
variance for Orient Fisheries, Inc. located at 5970 Alcoa
Avenue, the time being 10:28 a.m. Motion carried.
RESOLUTION NO. 9599 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9514 Granting a
Variance to Orient Fisheries, Inc., from the Parking Provisions
of the Comprehensive zoning Ordinance, for the Property Located
at 5970 Alcoa Avenue in the City of Vernon, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9599 be approved and adopted. Motion carried.
The Consent Calendar was presented.
CONSENT CALENDAR
City Treasurer's Department
1. Ratification of Warrant Register No. 1238 to record the
following voided checks issued to Metlife SBC:
• Check No. 319888 in the amount of $31,267.02 on March 13,
2008.
• Check No. 319906 in the amount of $32,079.04 on March 19,
2008
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Regular City Council Meeting Minutes
April 21, 2008
2. Ratification of the issuance of checks for Payroll Warrant
Register No. 622 covering claims and demands presented during
the period of February 17 through March 15, 2008, drawn on Bank
of America totaling $2,757,727.96, which includes Check Nos.
9559 through 9570 (Accounting period March 2008).
3. Ratification of City of Vernon Requisitions from the Light
& Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of March 22 through March
28, 2008, drawn on The Bank of New York Mellon Corporation
totaling $1,456,556.63, which includes Requisition No. CE334.
4. 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 March 22
through March 28, 2008, drawn on The Bank of New York Mellon
Corporation totaling $290,366.82, which includes Requisition
Nos. LCD309 through LCD315.
Fire Department
5. Fire Department Activity Report for the period of April 3
through April 15, 2008, to be received and filed.
Health Department
6. Request for authorization and partial funds for personnel
to attend the following:
• "National Environmental Health Association (NEHA)
Conference"
7. Health Department Report for the month of March 2008, to be
received and filed.
Police Department
8. Request for authorization and funds for personnel to attend
the following:
• "Introduction to Prison Gangs and Disruptive Groups from
State Institutions Course" (2)
• "Basic TMS Millennium Training" (2)
• "Background Investigators Update Training Seminar"
• "Advanced Power Point Class"
9. Police Department Activity Log for the period of April 1
through April 15, 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 City Attorney for authorization of a
$5,000.00 contribution to the Oldtimers Foundation as a Gold
Sponsor for the Foundation's Annual Gala Dinner and Silent
Auction to be held Tuesday, April 29, 2008, in Huntington Park,
California, was presented.
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Regular City Council Meeting Minutes
April 21, 2008
It was moved by McCormick, seconded by Gonzales, to
authorize a $5,000.00 contribution to the Oldtimers Foundation
as a Gold Sponsor for the Foundation's Annual Gala Dinner and
Silent Auction to be held Tuesday, April 29, 2008, in Huntington
Park, California. Motion carried.
Request from the Director of Community Services &
Water for ratification of the issuance of a purchase order to
Merrimac Energy Group in the amount of $24,177.40 for fuel for
the City's fleet vehicles, was presented.
It was moved by Davis, seconded by Ybarra, to ratify
the issuance of a purchase order to Merrimac Energy Group in the
amount of $24,177.40 for fuel for the City's fleet vehicles.
Motion carried.
Request from the Director of Light & Power for
authorization to provide new gas service connection to the City
of Vernon Gas Distribution System for West Coast Rendering at a
total cost of $51,005.39, was presented.
It was moved by Ybarra, seconded by Gonzales, to
authorize the Director of Light & Power to provide new gas
service connection to the City of Vernon Gas Distribution System
for West Coast Rendering at a total cost of $51,005.39. Motion
carried.
Request from the Director of Light & Power for
approval of and authorization to execute Change Order No. Four
to the contract with Wood Group Field Services, Inc. in the not
to exceed amount of $52,000.00 for additional operational,
mechanical, and technical support for the Malburg Generating
Station provided through April 10, 2008, was presented.
It was moved by McCormick, seconded by Davis, to
approve Change Order No. Four to the contract with Wood Group
Field Services, Inc. in the not to exceed amount of $52,000.00
for additional operational, mechanical, and technical support
for the Malburg Generating Station provided through April 10,
2008, and to authorize the Director of Light & Power to execute
said change order. Motion carried.
RESOLUTION NO. 9596 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of AES Enterprises, Inc.
for the Citywide Sewer System Closed Circuit Television (CCTV)
Inspection in Accordance With Contract No. 610 of the City of
Vernon and Approving the Execution of Said Contract, was read by
title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9596 be approved and adopted. Motion carried.
RESOLUTION NO. 9597 - 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 2008 Dodge
Charger for the Police Department, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9597 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
April 21, 2008
RESOLUTION NO. 9598 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a Request for
Proposal for a 2008 Chevrolet W5500 Diesel Truck with Modified
16 Foot Van Body for the Department of Community Services &
Water, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9598 be approved and adopted. Motion carried.
RESOLUTION NO. 9600 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter in Support of Assembly Bill 2546 Relating to the Air
Toxics "Hot Spots" Information and Assessment Act, was read by
title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9600 be approved and adopted. Motion carried.
RESOLUTION NO. 9601 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Escrow Account Agreement By and Between the City of Vernon
and the Bank of New York Trust Company, N.A. for City of Vernon
Bicent Capacity Payment Custody Escrow Account, was read by
title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9601 be approved and adopted. Motion carried.
RESOLUTION NO. 9602 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9362 by Amending
and Ratifying the Amendment of Salary Schedule No. VI Regarding
the Compensation Costs and Benefits of Its Employees, was read
by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9602 be approved and adopted. Motion carried.
RESOLUTION NO. 9603 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Keystone Archway
Construction for the Renovation, Reconstruction and Remodeling
of City -Owned Housing Located at 50th Street Apartments and
Garages, 4329 Furlong Place, 3376, 3382, 3384, 3386 and 3390 50th
Street, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9603 be approved and adopted. Motion carried.
RESOLUTION NO. 9604 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Futures Account Agreement By and Between the City of Vernon
and Prudential Bache Commodities, LLC via Wachovia Securities,
LLC and Authorizing the City to do All Other Actions Deemed
Necessary or Advisable Concerning Said Account, was read by
title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9604 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
April 21, 2008
Ratification of the issuance of early checks for
Warrant Register No. 1239, covering claims and demands presented
during the period of April 3 through April 16, 2008, drawn on
Bank of America totaling $350,730.35, which includes Check Nos.
320168 through 320216, excluding Void Check No. 320189
(Accounting period April 2008), was presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Warrant Register No. 1239,
covering claims and demands totaling $350,730.35, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Ratification of wire transfers for Warrant Register
No. 1239, covering claims and demands presented during the
period of April 3 through April 16, 2008, drawn on Bank of
America totaling $43,878.87, which includes Wire Nos. 275
through 277 (Accounting period April 2008), was presented.
It was moved by Ybarra, seconded by Davis, that wire
transfers for Warrant Register No. 1239, covering claims and
demands totaling $43,878.87, be ratified. Motion carried.
Warrant Register No. 1239, covering claims and demands
presented during the period of April 3 through April 16, 2008,
drawn on Bank of America totaling $279,849.59, which includes
Check Nos. 320217 through 320364 (Accounting period April 2008),
was presented.
It was moved by Davis, seconded by Ybarra, that
Warrant Register No. 1239 be approved and payment authorized for
claims and demands totaling $279,849.59. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 204, covering claims and demands
presented during the period of April 3 through April 16, 2008,
drawn on Bank of America totaling $27,284.77, which includes
Check Nos. 505405 through 505416 (Accounting period April 2008),
was presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Light & Power Warrant Register
No. 204, covering claims and demands totaling $27,284.77, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Ratification of wire transfers for Light & Power
Warrant Register No. 204, covering claims and demands presented
during the period of April 3 through April 16, 2008, drawn on
Bank of America totaling $4,615,257.20, which includes Wire Nos.
3922 through 3932 (Accounting period April 2008), was presented.
It was moved by Ybarra, seconded by Davis, that wire
transfers for Light & Power Warrant Register No. 204, covering
claims and demands totaling $4,615,257.20, be ratified. Motion
carried.
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Regular City Council Meeting Minutes
April 21, 2008
Light & Power Warrant Register No. 204, covering
claims and demands presented during the period of April 3
through April 16, 2008, drawn on Bank of America totaling
$171,364.19, which includes Check Nos. 505417 through 505464,
excluding Void Check No. 505461 (Accounting period April 2008),
was presented.
It was moved by Gonzales, seconded by Ybarra, that
Light & Power Warrant Register No. 204 be approved and payment
authorized for claims and demands totaling $171,364.19. Motion
carried.
The City Administrator announced that this was the
time for elected officials to report on conferences/seminars
attended during the period of April 7 through April 20, 2008.
Mayor Pro-Tem Gonzales reported on the Solar Power
Finance & Investment Summit he attended in San Diego, California
on April 7 through April 9, 2008. Many investors and lawyers
also attended the summit in search of business and investment
partners and opportunities. Mayor Pro-Tem Gonzales reported on
a new type of solar power system that captures and stores solar
energy strictly for residential use.
The City Administrator announced that this was the
time for reports from departments.
The Fire Chief reported on the Fire Chiefs Conference
held April 16 through April 18, 2008, at which various topics,
such as homeland security, grants, training, etc., and different
practices related to each topic were discussed. He also
provided an update on the Automated External Defibrillator (AED)
training and the placement of the AED units throughout City
facilities.
The Chief of Police advised of a thank -you letter the
department received from the Downey Police Department for Canine
Rico's assistance on a narcotics case in which the vehicle was
identified, but narcotics were not recovered. He also advised
that he would be away at a conference the rest of that week.
The Director of Personnel reported that a deposit
payment was made to the Double Tree Hotel to reserve a banquet
room for the 2008 Holiday Luncheon. She also congratulated
Councilmen Davis and Gonzales on their installations.
The Finance Director advised that $288 million had
been received in connection with the asset sale and that
approximately $207 million had been used to pay down debt, while
the remainder had been absorbed in cash flows.
The Risk Manager provided an update on the insurance
claims related to the September 2007 Malburg Generating Station
(MGS) outage, of which some claims were still outstanding. He
also announced that Avigal Horrow, who was sitting in the
audience, had been hired to assist him with Risk Management
matters.
Ms. Avigal Horrow thanked the City Council for giving
her the opportunity to work as a City employee and advised that
she had been assisting the City as a consultant for some time.
Page 8 of 11
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April 21, 2008
The Director of Environmental Health reminded everyone
that Earth Day was Tuesday, April 22, 2008. He advised that
promotional materials for Earth Day would be distributed on the
northeast corner of Pacific Boulevard and Vernon Avenue.
The Director of Community Services & Water reported on
the following projects:
1. Demolition of Thermador site on District Boulevard
a. Crushing process to continue
b.Currently reviewing the proposal received for
the clean-up of contaminated soil
2.26th Street Storm Drain Project, which was
progressing well
3. 26th Street Bridge Project
a. Memorial lettering had been completed and would
cover the entire length of the bridge
The Director of Community Services & Water also
congratulated Councilmen Davis and Gonzales on their
installations.
The Mayor asked the Director of Community Services &
Water for the status of the lighting of the elevated water tank.
The Director of Community Services & Water replied
that he was in the process of looking into different options
regarding the lighting of the water tank and that he would be
working with the City Administrator on this matter.
The Director of Light & Power congratulated Councilmen
Davis and Gonzales on their installations and proceeded to
report on the following matters:
1. Offered his support of the Fire Chief's proposal to
ally the City with various agencies by allowing
those agencies to utilize portions of the third
floor of City Hall for administrative purposes.
2.City continues to dispatch the Malburg Generating
Station (MGS) regardless of the asset sale.
3. Scheduled MGS outage to occur on April 22nd through
April 26th or 27th, to replace nozzles on the damaged
turbine.
4. Financial hedging the department is undertaking to
minimize the impact of the expected rise in energy
costs to City businesses.
5. MGS transmission distribution
a. A few outages occurred as a result of a recent
train derailment.
b. Two outages caused by metallic balloons, one of
which lasted approximately 40 minutes and lost
an entire section.
6. Upcoming legislation prohibiting the manufacturing
of metallic balloons.
7. Department's intent to maintain the MGS energy load
at 120 MW and gradually increase that load to
accommodate new customers.
8. Community outreach being conducted in connection
with the Southeast Region Energy Project and the
positive responses received thus far from residents
in surrounding cities.
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Regular City Council Meeting Minutes
April 21, 2008
The Mayor asked if both MGS turbines would be down
during the scheduled outage.
The Director of Light & Power replied that both MGS
turbines would be down during the scheduled outage, one to
install the nozzles and one for maintenance.
The City Attorney and the City Clerk individually
congratulated Councilmen Davis and Gonzales on their
installations.
The Mayor reported on an upcoming water rate increase
being imposed by the Central Basin Municipal Water District.
The Director of Community Services & Water added that
in addition to the water rate increase there was a possibility
of water rationing in the future.
The Mayor called a short recess at 11:14 a.m.
The City Council reconvened in regular session at
11:19 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 11:19 a.m.
Motion carried.
Everyone was excluded from closed session with the
exception of Police Officer Richard Hill and his attorney, 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.
Officer Hill and his attorney were excused from closed
session at 11:55 a.m.
The Chief of Police and Director of Personnel were
excused from closed session at 12:21 p.m.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go out of closed session and resume regular
session, the time being 12:26 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding one Employee
Discipline/Dismissal/Release matters pursuant to Government Code
Section 54957 and the recommendation of the Chief of Police was
approved.
It was reported out that the City Council had a
conference in closed session regarding one Public Employment
matter pursuant to Government Code Section 54957 and approval
was granted to hire Adriana Ramos as an Account Clerk, step 10,
in the Purchasing Department, effective April 22, 2008.
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Regular City Council Meeting Minutes
April 21, 2008
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 approval
was granted to reclassify Marianne Vazquez from Administrative
Assistant, step 5, to Account Clerk, step 5, and to transfer her
from the Purchasing Department to the Light & Power Department
effective April 22, 2008.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding
existing litigation case LASC No. BC 331516 pursuant to
subdivision (a) of Government Code Section 54956.9, and no
action was taken with regard to case.
No closed session conference was held with regard to
the one potential case of litigation pursuant to subdivision (c)
of Government Code Section 54956.9 that was listed on the
agenda.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Davis, that the meeting be adjourned, the time being 12:26
p.m. Motion carried.
ATTEST:
Manuela Giron
City Clerk
Na e Leonis C� Malburg
Title: Mayor
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