20080519 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MAY 19, 2008, AT 10:12 A.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, Davis, McCormick
MEMBERS ABSENT: Ybarra
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 Davis, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held May 5, 2008, be
approved and adopted as submitted. Motion carried.
The City Clerk announced that this was the time to
open the public hearing to consider an amendment to an existing
conditional use permit for GeoGreen Biofuels, Inc. located at
6017 Malburg Way.
It was moved by McCormick, seconded by Gonzales, to
open the public hearing to consider an amendment to an existing
conditional use permit for GeoGreen Biofuels, Inc. located at
6017 Malburg Way, the time being 10:13 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 advised
that the proposed amendment to the existing conditional use
permit for GeoGreen Biofuels, Inc. would allow the company to
utilize an adjoining section of the current building located at
6011 Malburg Way. He gave a power point presentation on the
matter and recommended that the amendment be approved subject to
the modification of condition "c" in Resolution No. 9195.
Mayor Pro-Tem Gonzales asked if the two sections of
the building on Malburg Way, 6011 and 6017, are connected.
The Director of Community Services & Water advised
that the two sections are connected, but that there would be
protected access to each section due to the hazardous materials
handled and/or stored in the current section.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council on this matter.
Mr. Barry Siegel, representing GeoGreen Biofuels,
addressed the City Council, advised that the company was in
agreement with the conditions of the proposed amendment to the
existing conditional use permit, and offered to answer any
questions.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
Regular City Council Meeting Minutes
May 19, 2008
There was no one else who wished to address the City
Council on this matter.
It was moved by Gonzales, seconded by Davis, to close
the public hearing to consider an amendment to an existing
conditional use permit for GeoGreen Biofuels, Inc. located at
6017 Malburg Way, the time being 10:20 a.m. Motion carried.
RESOLUTION NO. 9614 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit
Amendment to Geogreen Biofuels, Inc. for the Operation of a
Recycling Facility at 6011 and 6017 Malburg Way in the City of
Vernon, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9614 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the public hearing to consider the adoption of a resolution
adjusting health permit fees pursuant to Sections 11.9.4, 13.8,
13.34, 13.55, and 24.12-4 of the Vernon City Code.
It was moved by Davis, seconded by Gonzales, to open
the public hearing to consider the adoption of a resolution
adjusting health permit fees pursuant to Sections 11.9.4, 13.8,
13.34, 13.55, and 24.12-4 of the Vernon City Code, the time
being 10:20 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 reported on the
results of the current annual evaluation of the department's
permit fee schedule and explained the recommendations made in
his memo dated April 15, 2008, regarding a 5% increase in most
of the health permit fees along with a few additional changes in
fees.
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 Gonzales, seconded by Davis, to close
the public hearing to consider the adoption of a resolution
adjusting health permit fees pursuant to Sections 11.9.4, 13.8,
13.34, 13.55, and 24.12-4 of the Vernon City Code, the time
being 10:25 a.m. Motion carried.
RESOLUTION NO. 9617 - A Resolution of the City Council
of the City of Vernon Establishing Health Permit, Hazardous
Materials Establishment Permit, and Application Fees for Permits
Granted by the City of Vernon Pursuant to Sections 11.9.4, 13.7,
13.31, 13.53, 25.12, and 25.13-6 of the Vernon City Code and
Repealing Resolution No. 8768, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9617 be approved and adopted. Motion carried.
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May 19, 2008
The City Clerk 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.
The City Administrator entered the meeting at 10:25
a.m. and conducted the meeting from this point forward.
The Consent Calendar was presented.
CONSENT CALENDAR
City Treasurer's Department
1. Ratification of Warrant Register No. 1239 to record voided
Check No. 320201 issued to Hilario Gonzales on April 10, 2008.
2. Ratification of the issuance of checks for Payroll Warrant
Register No. 623 covering claims and demands presented during
the period of March 16 through April 12, 2008, drawn on Bank of
America totaling $3,018,783.65, which includes Check Nos. 9571
through 9587 (Accounting period April 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 April 17
through May 7, 2008, drawn on The Bank of New York Mellon
Corporation totaling $7,235,354.24, which includes Requisition
Nos. LCD336 through LCD353.
4. City of Vernon Report of Cash and Investments for Quarter
Ended March 31, 2008, to be received and filed.
Community Services & Water Department
S. Building Department Report for the month of April 2008, to
be received and filed.
6. 2007 Annual Report of the Community Services & Water
Department, to be included on the City's website.
Fire Department
7. Fire Department Activity Report for the period of May 1
through May 14, 2008, to be received and filed.
Health Department
8. Health Department Report for the month of April 2008, to be
received and filed.
Light & Power Department
9. Resource Procurement Final Report for the month of November
2007, to be received and filed.
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May 19, 2008
10. Resource Procurement Final Report for the month of December
2007, to be received and filed.
Police Department
11. Request for authorization and funds for personnel to attend
the following:
• "International Police K9 Conference"
• "Suicide Update for Jail Staff Course" (2)
• "Tagger Crews, Clubs and Cliques Course" (2)
• "Labor/Management Dispute Update Training Seminar" (2)
• "Internal Affairs Seminar"
12. Police Department Activity Log for the period of May 1
through May 14, 2008, to be received and filed.
End of Consent Calendar
It was moved by Gonzales, seconded by McCormick, that
the matters on the Consent Calendar be approved as recommended.
Motion carried.
Request for authorization for all City Department
Heads to attend the "League of California Cities 2008 Annual
Conference & Exposition" to be held in Long Beach on September
24 through 27, 2008, and authorization of the appropriate funds
related to registration, lodging, and traveling expenses for
said conference, was presented.
It was moved by Davis, seconded by Gonzales, to
authorize all City Department Heads to attend the "League of
California Cities 2008 Annual Conference & Exposition" to be
held in Long Beach on September 24 through 27, 2008, and to
authorize the disbursement of appropriate funds related to
registration, lodging, and traveling expenses for said
conference. Motion carried.
Request from the Director of Community Services &
Water for ratification of the following three items, was
presented.
1. Issuance of a purchase order to G.P. Resources in
the approximate amount of $27,514.00, plus various
environmental fees and taxes, for fuel for the
City's fleet.
2. Execution of Change Order No. Three to the "Weed,
Trash, and Dirt Control Services Agreement" with
Common Area Maintenance (CAM) to extend the term of
the contract for one year effective May 1, 2008,
with no change in cost.
3. Execution of Change Order No. Five to the
"Janitorial Services Agreement" with CAM to extend
the term of the contract for one year effective May
1, 2008, with no change in cost.
It was moved by McCormick, seconded by Gonzales, to
ratify the aforementioned actions taken by the Director of
Community Services & Water. Motion carried.
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Request from the Director of Community Services &
Water for approval of and authorization to execute the following
change orders at the stated amounts in connection with the
remediation of the soil at the Thermador site, 5119 District
Boulevard, was presented.
1. Change Order No. Six to the contract with U.S.
Demolition in the approximate amount of $725,000.00
to excavate, remove, and dispose of the petroleum
and metal contaminated soil.
2. Change Order No. Two to the contract with PIC
Environmental Services in the approximate amount of
$30,040.00 for environmental oversight of the
remediation and laboratory testing of the soil.
It was moved by Gonzales, seconded by Davis, to
approve the aforementioned change orders at the stated amounts
and to authorize the Director of Community Services & Water to
execute said change orders. Motion carried.
Request from the Director of Community Services &
Water for direction regarding the lighting of the City's
elevated water tank, was presented.
The Director of Community Services & Water discussed
two proposals received from two separate lighting contractors
for the lighting of the City's elevated water tank, including
the logistical problems with both options, and gave a power
point presentation on the proposal submitted by Performance
Lighting Systems. He advised that because of the logistical
problems and high costs associated with each of the two
proposals, neither one seemed workable at the present time.
The City Council asked the Director of Community
Services & Water to seek other lighting alternatives and report
back to them.
RESOLUTION NO. 9605 - A Resolution of the City Council
of the City of Vernon Establishing Permit Fees, Certificate of
Occupancy Fees, Inspection Fees and Other Related Fees Pursuant
to Sections 7.12(L), 24.4, 24.11, 24.16, 24.21, 24.26, 24.42,
26.6.2-2, 26.6.3-1, 28.9 and 28.10 of the Vernon City Code
Relating to Zoning, Building and Fire Prevention Within the City
and Repealing All Resolutions or Parts of Resolutions in
Conflict Therewith, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9605 be approved and adopted. Motion carried.
RESOLUTION NO. 9615 - 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
California Traffic Maintenance, Inc. for Street Lane Line
Striping, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9615 be approved and adopted. Motion carried.
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RESOLUTION NO. 9616 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of General Pump Company,
Inc. for the Destruction of Well 18 in Accordance with Contract
No. 611 of the City of Vernon and Approving the Execution of
said Contract, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9616 be approved and adopted. Motion carried.
RESOLUTION NO. 9618 - A Resolution of the City Council
of the City of Vernon Adopting an Annual Statement of Investment
Policy for 2008 and Delegating Investment Authority to the City
Treasurer, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9618 be approved and adopted. Motion carried.
RESOLUTION NO. 9619 - 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 Dominick W. Rubalcava Regarding Public Relations, was
read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9619 be approved and adopted. Motion carried.
RESOLUTION NO. 9620 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Renewal of a Dedicated Internet Access Service Agreement and
Bandwidth.Com Internet Access Service Level Agreement By and
Between the City of Vernon and Bandwidth.Com,Inc., Powered by
Qwest, for Fiber Optic Internet Access, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9620 be approved and adopted. Motion carried.
RESOLUTION NO. 9621 - A Resolution of the City Council
of the City of Vernon Appointing Avigal Horrow to Serve as the
Director of Human Resources, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9621 be approved and adopted. Motion carried.
RESOLUTION NO. 9622 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a License Agreement By and Between the City of Vernon and the
City of Monterey Park Providing for the Maintenance of a Remote
Radio Receiver at Sequoia Park in the City of Monterey Park, was
read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9622 be approved and adopted. Motion carried.
RESOLUTION NO. 9623 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Proposal for Credit Scoring Model and Consulting Services
Agreement By and Between the City of Vernon and RMG Financial
Consulting, Inc. to Provide a Credit Scoring Model and Credit
and Counterparty Credit Analysis for the Light & Power
Department, was read by title.
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It was moved by Gonzales, seconded by Davis, that
Resolution No. 9623 be approved and adopted. Motion carried.
RESOLUTION NO. 9624 - A Resolution of the City Council
of the City of Vernon Adopting an Amendment to Appendix I of the
City's Transmission Owner Tariff to Include the City's Estimated
Gross Load for Purposes of the City's Participation in the
California Independent System Operator, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9624 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1241, covering claims and demands presented
during the period of May 1 through May 14, 2008, drawn on Bank
of America totaling $467,821.62, which includes Check Nos.
320533 through 320584 (Accounting period May 2008), was
presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1241,
covering claims and demands totaling $467,821.62, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Ratification of wire transfers for Warrant Register
No. 1241, covering claims and demands presented during the
period of May 1 through May 14, 2008, drawn on Bank of America
totaling $51,172.74, which includes Wire Nos. 281 through 282
(Accounting period May 2008), was presented.
It was moved by Davis, seconded by McCormick, that
wire transfers for Warrant Register No. 1241, covering claims
and demands totaling $51,172.74, be ratified. Motion carried.
Warrant Register No. 1241, covering claims and demands
presented during the period of May 1 through May 14, 2008, drawn
on Bank of America totaling $257,773.06, which includes Check
Nos. 320585 through 320764 (Accounting period May 2008), was
presented.
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1241 be approved and payment authorized for
claims and demands totaling $257,773.06. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 206, covering claims and demands
presented during the period of May 1 through May 14, 2008, drawn
on Bank of America totaling $33,752.42, which includes Check
Nos. 505503 through 505519 (Accounting period May 2008), was
presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Light & Power Warrant Register
No. 206, covering claims and demands totaling $33,752.42, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
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Ratification of wire transfers for Light & Power
Warrant Register No. 206, covering claims and demands presented
during the period of May 1 through May 14, 2008, drawn on Bank
of America totaling $2,074,622.05, which includes Wire Nos. 3948
through 3959 (Accounting period May 2008), was presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 206,
covering claims and demands totaling $2,074,622.05, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Light & Power Warrant Register No. 206, covering
claims and demands presented during the period of May 1 through
May 14, 2008, drawn on Bank of America totaling $190,579.09,
which includes Check Nos. 505520 through 505570 (Accounting
period May 2008), was presented.
It was moved by McCormick, seconded by Davis, that
Light & Power Warrant Register No. 206 be approved and payment
authorized for claims and demands totaling $190,579.09. Motion
carried.
The City Administrator announced that this was the
time for elected officials to report on conferences/seminars
attended during the period of May 5 through May 18, 2008.
Elected officials did not attend any
conferences/seminars during the period of May 5 through May 18,
2008.
The City Administrator announced that this was the
time for reports from departments.
The Fire Chief announced that the Rotary Club of
Vernon would be honoring the Police Officer of the Year and
Firefighter of the Year at its upcoming meeting on May 21, 2008,
at the La Villa Basque restaurant. He also advised that the
Alliance Group was scheduled to move into the offices on the
third floor of City Hall,on May 20, 2008. Lastly, he wished the
City Council and all those in attendance at the meeting a happy
Memorial Day weekend.
The Chief of Police announced that the Vernon
Elementary School Graduation Ceremony would be held May 30,
2008. He also advised that the D.A.R.E. Awards for Vernon
Elementary School students would be presented at the City
Council meeting of June 16, 2008. Lastly, he reported that 22
cell phones were provided to the Vernon Elementary School to be
used to reach the Vernon Police Department in the event of an
emergency.
The Director of Personnel congratulated Ms. Avigal
Horrow on her appointment as the Director of Human Resources and
welcomed her aboard.
The Finance Director reported on the new financial
statement system that provides information on an interim basis.
Resources.
The- Risk Manager welcomed the new Director of Human
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The Director of Environmental Health advised of a
future workshop to be held June 12, 2008, in the Council
Chambers regarding the handling of high -risk chemicals and
associated mandated requirements.
The Director of Community Services & Water reported on
the following:
I.Water conservation workshop to be held June 10,
2008, in the Council Chambers.
2. Remediation process at the Thermador site on
District Boulevard.
3. Completion of the rail and lettering for the 26th
Street Bridge Project
4. Recent metal theft affecting one of the City's
contractors and the increase in the occurrence of
similar crimes throughout the region.
5.26th Street Storm Drain and Street Improvements
Project.
6. Traffic Signal Project covering the areas of Bonnie
Beach Place to Bandini Boulevard and Downey Road to
Fruitland Avenue.
Councilman Davis congratulated the Director of
Community Services & Water on the outcome of the lettering on
the 26th Street Bridge. He also mentioned a newspaper article
regarding stolen manhole covers.
The City Administrator suggested that an evaluation of
theft prevention measures be considered.
The Director of Community Services & Water suggested a
retrofit process for manhole cover replacements.
following:
The Director of Light & Power reported on the
1. Report of power outages due to the interference of
metallic balloons with transmission lines.
2.First invoice from Bicent for April 2008 Malburg
Generating Station energy and capacity costs had
been reviewed and approved for payment.
3. Rising costs of gas and electrical rates.
4. Department was working on the 2008-2009 budget to
submit for review.
The City Administrator added that an analysis of the
City's electrical rates is necessary to protect its financial
position.
Mayor Pro-Tem Gonzales referred to a recent news
article report on the abandonment of the construction of a
proposed power plant in Orange County due to the proposed
legislation on clean energy mandates. He asked the Director of
Light & Power if solar and wind energy would be expensive.
"The Director of Light & Power advised that solar and
wind energy would be expensive and unfeasible in accordance with
the proposed mandates.
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Mr. Ron Garcia of Southern California Edison, who was
in the audience, reiterated that renewable energy is expensive
and that the proposed mandates are not feasible.
Ms. Avigal Horrow thanked the City Council for giving
her the opportunity to work for the City, and advised them that
she was currently working with Personnel, Risk Management,
Community Services, and Light & Power on various human resource
issues.
The City Attorney had nothing to report at this time.
The City Clerk welcomed Ms. Avigal Horrow.
The City Administrator announced that this was the
time to go into closed session.
The Mayor called a short recess at 11:35 a.m.
The City Council reconvened in regular session at
11:43 a.m., all members present before the recess again being
present.
It was moved by Gonzales, seconded by McCormick, that
the City Council go into closed session, the time being 11:45
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.
It was moved by Gonzales, seconded by McCormick, that
the City Council go out of closed session and resume regular
session, the time being 11:49 a.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 recommendations of the Director of Light
& Power and the Director of Environmental Health for their
respective matters were 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 Ana Barcia as an Administrative Assistant,
step 7, effective May 27, 2008.
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 for Michelle Mermis, Document Control Specialist,
from step 7 to step 6, effective May 25, 2008, was approved.
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 said case.
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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 12:03
p.m. Motion carried.
ATTEST:
M nuela Giron r
City Clerk
� 1 a
Name:' Leonis C. Malburg
Title: Mayor
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