20080908 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
SEPTEMBER 8, 2008, AT 10:13 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 Administrator advised that there were no
changes to the agenda.
Mayor Pro-Tem Gonzales advised that Page 2, Paragraph
4, Line 1 of the Minutes of the Regular City Council Meeting
held August 18, 2008, should be corrected as follows: change
"...Mayor..." to "...Mayor Pro-Tem..."
It was moved by Gonzales, seconded by Davis, that the
Minutes of the Regular City Council Meeting held August 18,
2008, be approved and adopted as corrected. Motion carried.
Mayor Malburg abstained and disqualified himself on this matter.
The City Administrator announced that this was the
time to present the Service Pins.
The Mayor presented Service Pins to the following
employees and, on behalf of the City Council, congratulated them
on their many years of service with the City.
1.
Edward Rodriguez
Utilityman II
25
Years
2.
Mauro Trujillo
Foreman
20
Years
3.
Ana Swinford
Administrative Assistant
15
Years
The City Administrator announced that this was the
time for anyone in the audience 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 reported on Standard & Poor's
recent ratings upgrades of the City's electric system bonds and
the Gas Authority's gas project bonds from `BBB+' to `A-.' He
also distributed copies of an Industrial Development activity
chart that summarized the contributions the department made to
the ratings upgrades.
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.
Rescheduled Regular City Council Meeting Minutes
September 8, 2008
The Consent Calendar was presented.
CONSENT CALENDAR
City Treasurer's Department
1. Ratification of City of Vernon Requisitions from the City
of Vernon Custody Escrow Account No. 800452 covering claims and
demands presented during the period of July 24 through September
4, 2008, drawn on The Bank of New York Mellon Corporation
totaling $6,439,546.62, which includes Requisition Nos. CE342
through CE344.
2. 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 August 11
through September 4, 2008, drawn on The Bank of New York Mellon
Corporation totaling $709,153.73, which includes Requisition
Nos. LCD422 through LCD449.
Fire Department
3. Fire Department Activity Report for the period of August 14
through August 31, 2008, to be received and filed.
Police Department
4. Police Department Activity Log for the period of August 14
through August 31, 2008, to be received and filed.
End of Consent Calendar
It was moved by McCormick, 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 issuance of a purchase order to
G.P. Resources, Inc. in the amount of $21,190.40, plus
environmental fees and taxes for fuel for the City's fleet
vehicles, was presented.
It was moved by Gonzales, seconded by McCormick, to
ratify the issuance of a purchase order to G.P. Resources, Inc.
in the amount of $21,190.40, plus environmental fees and taxes
for fuel for the City's fleet vehicles. Motion carried.
Request from the Purchasing Agent for ratification of
the execution of Maintenance Agreement No. 429835 with Canon
Business Solutions, Inc. in the amount of $1,080.45, was
presented.
It was moved by Davis, seconded by Gonzales, to ratify
the execution of Maintenance Agreement No. 429835 with Canon
Business Solutions, Inc. in the amount of $1,080.45. Motion
carried.
Request from the Director of Community Services &
Water for approval of and authorization to execute a quote from
Southwest Boulder & Stone, Inc. in the amount of $5,312.91 for
decorative rocks for ire Pennington Way eerefftsny, was presented.
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Rescheduled Regular City Council Meeting Minutes
September 8, 2008
It was moved by Davis, seconded by Gonzales, to
approve a quote from Southwest Boulder & Stone, Inc. in the
amount of $5,312.91 for decorative rocks for Pennington Way, and
to authorize the Director of Community Services & Water to
execute said quote. Motion carried.
RESOLUTION NO. 9703 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Peck Road Truck
Center on Bid No. 1455 for the Purchase of One 2009 Chevrolet
W5500 NR354 Diesel Truck with 16 Foot Van Body for the Community
Services Department and Approving and Authorizing the Execution
of a Vehicle Purchase Contract and the Issuance of a Purchase
Order Respecting said Bid, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9703 be approved and adopted. Motion carried.
RESOLUTION NO. 9704 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement By and Between the City of Vernon and McCabe
& Company for Consulting and Advocacy Services, was read by
title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9704 be approved and adopted. Motion carried.
RESOLUTION NO. 9705 - A Resolution of the City Council
of the City of Vernon Authorizing and Approving the Issuance of
Not to Exceed $100,000,000 Aggregate Principal Amount of
Electric System Revenue Bonds; Approving the Indenture of Trust
and Supplemental Indenture of Trust Pursuant to which such Bonds
are to be Issued; Approving a Contract of Purchase and a
Continuing Disclosure Agreement; Approving a Form of Swap
Termination Agreement; Authorizing and Approving Certain
Documents in Connection with the Issuance, Securing and Sale of
such Bonds; and Authorizing Certain Other Matters Relating
Thereto, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9705 be approved and adopted. Motion carried.
RESOLUTION NO. 9706 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Mutual Confidentiality and Non -Circumvention Agreement By and
Between the City of Vernon and Marathon Capital, LLC, was read
by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9706 be approved and adopted. Motion carried.
RESOLUTION NO. 9707 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Three to Consulting Services Agreement By and
Between the City of Vernon and Melvyn Green and Associates,
Inc., was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9707 be approved and adopted. Motion carried.
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Rescheduled Regular City Council Meeting Minutes
September 8, 2008
RESOLUTION NO. 9708 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a First Restated and Amended Joint Exercise of Powers Agreement
Among Members of the Southeast Cities Schools Coalition,
Formerly the Southeast Local Educational Authority, was read by
title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9708 be approved and adopted. Motion carried.
RESOLUTION NO. 9709 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
First and Second Amendment to Purchase and Sale Agreement and
Joint Escrow Instructions By and Between the City of Vernon and
ReNu Resources, LLC Relating to the Purchase of Land in Kern
County for Potential Development of Renewable Resources, was
read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9709 be approved and adopted. Motion carried.
RESOLUTION NO. 9710 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Confidentiality Agreement By and Between the City of Vernon
and Cal/AZ Portfolio No. 1, LLC Regarding Property Located at
4150-4174 Bandini Boulevard in the City of Vernon, was read by
title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9710 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1248, covering claims and demands presented
during the period of August 14 through September 2, 2008, drawn
on Bank of America totaling $455,012.05, which includes Check
Nos. 321958 through 322006, excluding void Check No. 321979
(Accounting period September 2008), was presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Warrant Register No. 1248,
covering claims and demands totaling $455,012.05, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
The City Administrator advised that no wire transfers
were made for Warrant Register No. 1248.
Warrant Register No. 1248, covering claims and demands
presented during the period of August 14 through September 2,
2008, drawn on Bank of America totaling $501,405.88, which
includes Check Nos. 322007 through 322158 (Accounting period
September 2008), was presented.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 1248 be approved and payment authorized for
claims and demands totaling $501,405.88. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 213, covering claims and demands
presented during the period of August 14 through September 2,
2008, drawn on Bank of America totaling $22,232.07, which
includes Check Nos. 505829 through 505844 (Accounting period
September 2008) was presented.
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Rescheduled Regular City Council Meeting Minutes
September 8, 2008
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Light & Power Warrant Register
No. 213, covering claims and demands totaling $22,232.07, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Ratification of wire transfers for Light & Power
Warrant Register No. 213, covering claims and demands presented
during the period of August 14 through September 2, 2008, drawn
on Bank of America totaling $3,589,409.29, which includes Wire
Nos. 4048 through 4069 (Accounting period September 2008), was
presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 213,
covering claims and demands totaling $3,589,409.29, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Light & Power Warrant Register No. 213, covering
claims and demands presented during the period of August 14
through September 2, 2008, drawn on Bank of America totaling
$81,473.06, which includes Check Nos. 505845 through 505863
(Accounting period September 2008), was presented.
It was moved by Davis, seconded by McCormick, that
Light & Power Warrant Register No. 213 be approved and payment
authorized for claims and demands totaling $81,473.06. Motion
carried.
Ratification of the issuance of early checks for Gas
Warrant Register No. 4, covering claims and demands presented
during the period of August 14 through September 2, 2008, drawn
on Bank of America totaling $1,248.18, which includes Check Nos.
23 through 29-(Accounting period September 2008), was presented.
It was moved by Gonzales, seconded by Davis, that the
issuance of early checks for Gas Warrant Register No. 4,
covering claims and demands totaling $1,248.18, be ratified.
Motion carried.
Ratification of wire transfers for Gas Warrant
Register No. 4, covering claims and demands presented during the
period of August 14 through September 2, 2008, drawn on Bank of
America totaling $7,176,561.04, which includes Wire No. 0003
(Accounting period September 2008), was presented.
It was moved by Gonzales, seconded by Davis, that wire
transfers for Gas Warrant Register No. 4, covering claims and
demands totaling $7,176,561.04, be ratified. Motion carried.
Gas Warrant Register No. 4, covering claims and
demands presented during the period of August 14 through
September 2, 2008, drawn on Bank of America totaling $7,639.34,
which includes Check Nos. 30 through 33 (Accounting period
September 2008), was presented.
It was moved by McCormick, seconded by Gonzales, that
Gas Warrant Register No. 4 be approved and payment authorized
for claims and demands totaling $7,639.34. Motion carried.
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Rescheduled Regular City Council Meeting Minutes
September 8, 2008
The City Administrator announced that this was the
time for elected officials to report on conferences/seminars
attended during the period of August 18 through September 7,
2008.
Elected Officials did not attend any
conferences/seminars during the period of August 18 through
September 7, 2008.
The City Administrator announced that this was the
time for reports from departments.
The Fire Chief thanked all the Department Heads who
helped with the aftermath of the Norman Fox fire that occurred
on August 23, 2008. He summarized the incident and advised that
the President of Norman Fox was grateful for the efficient job
the Police and Fire Departments provided.
The Chief of Police reminded everyone about a brief,
upcoming ceremony on September 11, 2008, at 7:00 a.m. to honor
those who lost their lives during the terrorist attack of
September 11, 2001.
The Chief of Police also reminded the City Council
about an outstanding matter, last visited in June 2008,
regarding the use of Citizens Options for Public Safety (COPS)
grant funds to purchase motorcycles for the department. He
briefly summarized the detailed report that was submitted to the
City Council on June 16, 2008, regarding said matter, and
assured the Councilmembers that the City's insurance costs would
not increase as a result of the motorcycles. He asked the
Director of Human Resources to provide more information with
regard to insurance.
The Director of Human Resources reiterated that the
City's insurance costs would not increase as a result of the
motorcycles. She advised that a review of the workers'
compensation excess coverage insurance was currently being
conducted to figure out how to reduce the excess coverage from
$1,000,000 to $250,000 at the beginning of the 2009 calendar
year.
The Mayor asked who would own the motorcycles.
The Chief of Police advised that the City would own
the motorcycles. He further advised that the motorcycles would
be standard rather than being customized to accommodate specific
officers' physical proportions as had been the practice in the
past.
The Mayor asked if Police Officers would take the
motorcycles home.
The Chief of Police responded that he anticipated
allowing officers to take the motorcycles home.
The City Treasurer reported that the lettering on the
26th Street Bridge was visible and legible at night.
this time.
The Director of Personnel had nothing to report at
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September 8, 2008
The Director of Finance reported that the 2007-2008
fiscal year audit was on schedule. He advised that the audit of
the City's Redevelopment Agency should be completed by the end
of September 2008, and the audit of the City should be completed
by the end of October 2008.
The Risk Manager reported on the success of the on -
site employee blood screening event held September 4, 2008,
which many employees participated in.
The Director of Environmental Health reported on the
concerns expressed by neighboring businesses of Norman Fox after
the August 23rd fire. He advised that it was necessary to hire
an industrial hygienist to determine the safe occupancy of the
affected businesses that were shut down due to their exposure to
various chemicals during the fire.
The Director of Environmental Health announced that
the next electronic waste event would be held Tuesday, September
16, 2008, at Fire Station No. 1, between 10:00 a.m. and 2:00
p.m.
The Director of Community Services & Water reported on
the following:
1. 26th Street Project, which was on schedule.
2. Upcoming paving on Downey Road and Fruitland Avenue,
scheduled to occur the weekend of September 13,
2008.
3. Final touches on the 26th Street Bridge.
4. Smurfit -Stone site demolition, including the removal
of crushed rock and the footings found on the
property.
S. Thermador site demolition, particularly the removal
of the remaining building, which would be done in
phases.
6. Traffic signal to be installed at Fire Station No. 3
for which the footings had been set.
7. Norman Fox fire of August 23, 2008:
a. His gratitude toward the Sanitation District
for its assistance.
1. His intent to prepare a Thank -You Letter
to the Sanitation District for the Mayor
to sign.
8. City Housing:
a. The two houses on Furlong Place would be
completed that week.
b. The apartments were near completion.
9. Lighting of the elevated water tank, options for
which were still being investigated.
a. At the suggestion of the Director of Light &
Power, the Director of Community Services &
Water advised that he would look into
possibility of fiber optics.
Mayor Pro-Tem Gonzales reported that there were no
hand rails at the house on 4329 Furlong Place.
The Director of Community Services advised that he
would prepare a change order to get the hand rails installed at
4329 Furlong Place.
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Rescheduled Regular City Council Meeting Minutes
September 8, 2008
following:
The Director of Light & Power reported on the
1. His role in the recent financial rating upgrade of
the City. He congratulated the City Administrator
on his achievement.
2. R.W. Beck's inventory of the department's assets,
which was scheduled to be completed by September 15,
2008.
3. Southeast Region Energy Project, including his on-
going research for efficient equipment to meet
mandated requirements and provide a clean
competitive power plant.
4. Malburg Generating Station, which was down recently
due to the malfunctioning of one of the steam
turbines.
Councilman Davis asked if the two Gonzales units were
currently working.
The Director of Light & Power advised that the two
Gonzales units were operable, but too expensive to operate.
The Director of Human Resources commended the Risk
Manager for his initiative in reviewing all claims related to
the Norman Fox fire of August 23, 2008, and for handling the
claims of safety personnel exposed to hazardous materials as
first aid claims rather than workers' compensation claims.
The City Attorney had nothing to report at this time.
The City Clerk reported that she was currently working
with the Department Heads to update the Conflict of Interest
Code of the City as required by the Fair Political Reform Act.
time.
time.
The City Administrator had nothing to report at this
Councilman Davis had nothing to report at this time.
Mayor Pro-Tem Gonzales had nothing to report at this
The Mayor had nothing to report at this time.
Councilman McCormick announced that Thursday,
September 11, 2008, would be his last day as the President of
the Independent Cities Association.
The City Administrator announced that this was the
time to hold a discussion regarding the reimbursement of legal
expenses for litigation involving City employees, including City
Council members.
The Mayor stepped down from the dais at 11:17 a.m. and
Mayor Pro-Tem Gonzales took over the meeting.
Mayor Malburg addressed the City Council and advised
them that the City had paid over one million dollars in legal
fees for his defense in various cases. He stated that he
currently had approximately $500,000 in outstanding legal fees
and he needed the City to make a determination by September 19,
2008, on whether it would pay for the additional $500,000.
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Rescheduled Regular City Council Meeting Minutes
September 8, 2008
Mayor Pro-Tem Gonzales requested that this matter be
discussed in closed session.
It was moved by Gonzales, seconded by Davis, to go
into closed session, the time being 11:26 a.m. Motion carried.
Everyone was excused from closed session with the
exception of the City Administrator. The Mayor was also excused
from closed session.
The Mayor Pro-Tem ordered all communications to and
from closed session deemed privileged and confidential.
The Mayor, City Attorney, Director of Human Resources,
and Director of Personnel entered closed session at 11:44 a.m.
It was moved by McCormick, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 11:52 a.m. Motion carried.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding one
potential case of litigation pursuant to subdivision (b) of
Government Code Section 54956.9, and no action was taken with
regard to said matter.
It was reported out that the City Council had a
conference in closed session regarding two Public Employment
matters pursuant to Government Code Section 54957, and approval
was granted to hire the following persons as specified:
1. Alexander Kung as an Assistant Controller, step 4,
effective September 29, 2008.
2. Monkhzul (Zula) Damdinbazar as a Business &
Administrative Clerk, step 8, effective September
29, 2008.
It was reported out that the City Council had a
conference in closed session regarding three Employee Evaluation
matters pursuant to Government Code Section 54957, and merit
step increases were granted to the following employees as
specified:
1. Shawn Sharifzadeh, Resource Scheduler, from step 4
to step 3, effective September 14, 2008.
2. Irene Castillo, Account Clerk, from step 2 to step
1, effective September 28, 2008.
3. Cindy Gaytan, Account Clerk, from step 8 to step 7,
effective September 14, 2008.
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 11:52
a.m. Motion carried.
ATT ST:
c
Mafiuela Giron
City Clerk
TaLeonis &. Malburg
Title: Mayor
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