20081006 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
OCTOBER 6, 2008, AT 10:07 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 new details
regarding existing litigation case LASC No. BC 331516 had come
up after the agenda was posted and asked that a vote be taken to
determine that said case required immediate attention and to add
said case to the closed session portion of the agenda pursuant
to subdivision (a) of Government Code Section 54956.9.
It was moved by Gonzales, seconded by McCormick, to
add existing litigation case LASC No. BC 331516 to the closed
session portion of the agenda pursuant to subdivision (a) of
Government Code Section 54965.9. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
Minutes of the Rescheduled Regular City Council Meeting held
September 8, 2008, be approved and adopted as submitted. Motion
carried. Councilman Ybarra 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. Robert Kipness Foreman 30 Years
2. Vincent Washington Utilityman II 30 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.
Mr. Ronald Garcia of Southern California Edison
addressed the City Council and commended its members on the
City's participation in and financial support of the Southeast
Cities Technology Collaborative's Southeast Mobile Technology
Lab Program. He emphasized the positive impact the program will
make in the Southeast community.
The Mayor stepped down from the dais at 10:12 a.m.,
addressed the City Council, asked its members to deliberate on
his request to be reimbursed by the City for legal expenses he
incurred while performing his duties as Mayor, and urged them to
make a determination on the matter.
Regular City Council Meeting Minutes
October 6, 2008
The Mayor returned to the dais at 10:14 a.m.
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.
The City Administrator announced that this was the
time to open the public hearing to consider the proposed
issuance by the California Municipal Finance Authority of its
revenue bonds in an amount not to exceed $10,000,000.00 for the
purpose of financing and refinancing the acquisition and
development of manufacturing facilities for 5699 District Blvd.
LLC and Charlie's Pride Meats.
It was moved by Davis, seconded by McCormick, to open
the public hearing to consider the proposed issuance by the
California Municipal Finance Authority of its revenue bonds in
an amount not to exceed $10,000,000.00 for the purpose of
financing and refinancing the acquisition and development of
manufacturing facilities for 56919 District Blvd. LLC and
Charlie's Pride Meats, the time being 10:15 a.m. Motion
carried.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
A representative from the California Municipal
Financing Authority addressed the City Council and advised that
this was a private transaction under which the City would have
no liability. He thanked the City Council for holding the
legally required public hearing on the matter.
The Mayor asked if there was anyone else 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 McCormick, to
close the public hearing to consider the proposed issuance by
the California Municipal Finance Authority of its revenue bonds
in an amount not to exceed $10,000,000.00 for the purpose of
financing and refinancing the acquisition and development of
manufacturing facilities for 5699 District Blvd. LLC and
Charlie's Pride Meats, the time being 10:19 a.m. Motion
carried.
RESOLUTION NO. 9712 - A Resolution of the City Council
of the City of Vernon Approving the Issuance of Revenue Bonds by
the California Municipal Finance Authority in an Aggregate
Principal Amount not to Exceed $10,000,000 for the Purpose of
Financing and Refinancing the Acquisition and Development of
Manufacturing Facilities for 5699 District Blvd. LLC and Value
Meats, Doing Business as Charlie's Pride Meats, and Certain
Other Matters Relating Thereto, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9712 be approved and adopted. Motion carried.
Page 2 of 16
Regular City Council Meeting Minutes
October 6, 2008
The City Administrator announced that this was the
time to open the public hearing to consider the adoption of an
amendment to the budget for the City of Vernon for fiscal year
2008-2009.
It was moved by Gonzales, seconded by Davis, to open
the public hearing to consider the adoption of an amendment to
the budget for the City of Vernon for fiscal year 2008-2009, 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 Light & Power advised that the
proposed budget amendment was to create the position of
Administrative Clerk within his department and explained the
need for said position to assist the Electric Resources Planning
& Development Manager.
The Mayor asked if there was anyone else 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 Gonzales, seconded by McCormick, to close
the public hearing to consider the adoption of an amendment to
the budget for the City of Vernon for fiscal year 2008-2009, the
time being 10:25 a.m. Motion carried.
RESOLUTION NO. 9727 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9638, which
Approved a Budget for the Fiscal Year 2008-2009, to Reflect
Changes (Amendment No. 2), was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9727 be approved and adopted: Motion carried.
ORDINANCE NO. 1148 - An Ordinance of the City Council
of the City of Vernon Placing a Moratorium on the Establishment
and/or Expansion of Truck Terminals, Freight Terminals or
Transportation -Related Uses Within the City, Declaring the
Urgency Thereof and a Basis for said Ordinance to Take Effect
Immediately, was read by title for a first and final reading.
The Director of Community Services & Water summarized
the staff report on this matter.
It was moved by McCormick, seconded by Davis, that
Ordinance No. 1148 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
Page 3 of 16
Regular City Council Meeting Minutes
October 6, 2008
The Consent Calendar was presented.
CONSENT CALENDAR
City Treasurer's Department
1. Ratification of the following warrant registers to record
the following voided checks:
■ Warrant Register No. 1247 to record voided Check No.
321919 in the amount of $869.62 issued to Silva's
Printing on August 18, 2008.
■ Warrant Register No. 1248 to record voided Check No.
322064 in the amount of $57.60 issued to Good Samaritan
Hospital on September 8, 2008.
2. Ratification of the issuance of checks for Payroll Warrant
Register No. 627 covering claims and demands presented during
the period of July 20 through August 16, 2008, drawn on Bank of
America totaling $3,075,010.95 - $2,450,057.79 paid through
electronic funds transfers (EFTS), $6,016.69 paid through Early
Check No. 9607, and $618,936.47 paid through General Warrant
Register (Accounting period August 2008).
3. 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 September 5 through
September 30, 2008, drawn on The Bank of New York Mellon
Corporation totaling $2,282,273.03, which includes Requisition
Nos. CE345 through CE347.
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 September 5
through September 30, 2008, drawn on The Bank of New York Mellon
Corporation totaling $499,279.14, which includes Requisition
Nos. LCD450 through LCD468.
Community Services & Water Department
5. Building Permit Report for the month of August 2008, to be
received and filed.
Fire Department
6. Fire Department Activity Report for the period of September
1 through September 15, 2008, to be received and filed.
7. Fire Department Activity Report for the period of September
16 through September 30, 2008, to be received and filed.
Health & Environmental Control Department
8. Health & Environmental Control Department Monthly Report
for August 2008, to be received and filed.
Police Department
9. Police Department Activity Log for the period of September
1 through September 15, 2008, to be received and filed.
Page 4 of 16
Regular City Council Meeting Minutes
October 6, 2008
10. Police Department Activity Log for the period of September
16 through September 30, 2008, to be received and filed.
End of Consent Calendar
It was moved by Gonzales, 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
Merrimac Energy Group in the amount of $26,407.40, 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 Merrimac Energy Group
in the amount of $26,407.40, plus environmental fees and taxes,
for fuel for the City's fleet vehicles. Motion carried.
Request from the Chief of Police for ratification of
the execution of Work Authorization No. PM-228-08-VernonPD of
the contract with Galliera Inc., dba Trico Construction in the
amount of $40,379.15 for the third floor office set-up for the
Los Angeles Metropolitan Task Force on Violent Crime, was
presented.
It was moved by Gonzales, seconded by McCormick, to
ratify the Chief of Police's execution of Work Authorization No.
PM-228-08-VernonPD of the contract with Galliera Inc., dba Trico
Construction in the amount of $40,379.15 for the third floor
office set-up for the Los Angeles Metropolitan Task Force on
Violent Crime. Motion carried.
Request from the Director of Light & Power for
approval of and authorization to execute a Water College
Training Agreement with the CA -NV Section of the American Water
Works Association in the amount of $9,100.00, was presented.
It was moved by McCormick, seconded by Davis, to
approve a Water College Training Agreement with the CA -NV
Section of the American Water Works Association in the amount of
$9,100.00, and to authorize the Director of Light & Power to
execute said agreement. Motion carried.
Request from the Director of Community Services &
Water for approval of and authorization to execute the following
documents, was presented.
1. Proposal & Agreement with Delta Fire Protection and
Equipment in the amount of $3,951.60 for the removal
and replacement of the outdated fire sprinkler
system in the City jail.-
2. Easement Deed from the Alameda Corridor
Transportation Authority for a sewer easement
parallel to and east of the Alameda Corridor from
25th Street to Alameda Street, and a street easement
for a portion of land at the northeast corner of
Minerva Street and 26th Street.
3. Acquisition Agreement No. 721137 with Canon Business
Solutions in the amount of $5,370.55 for the purchase,
installation, and three-year maintenance of a scanner
and related software for the department's copier.
Page 5 of 16
Regular City Council Meeting Minutes
October 6, 2008
It was moved by Gonzales, seconded by Davis, to
approve a Proposal & Agreement with Delta Fire Protection and
Equipment in the amount of $3,951.60 for the removal and
replacement of the outdated fire sprinkler system in the City
jail, and to authorize the Director of Community Services &
Water to execute said agreement. Motion carried.
It was moved by Gonzales, seconded by McCormick, to
approve an Easement Deed from the Alameda Corridor
Transportation Authority for a sewer easement parallel to and
east of the Alameda Corridor from 25th Street to Alameda Street,
and a street easement for a portion of land at the northeast
corner of Minerva Street and 26th Street, and to authorize the
Director of Community Services & Water to execute said deed.
Motion carried.
It was moved by Davis, seconded by McCormick, to
approve Acquisition Agreement No. 721137 with Canon Business
Solutions in the amount of $5,370.55 for the purchase,
installation, and three-year maintenance of a scanner and
related software for the department's copier, and to authorize
the Director of Community Services & Water to execute said
agreement. Motion carried.
Request from the Chief of Police for approval of an
authorization to execute the following agreements, was
presented.
1. Platinum Service Protection Plan and Service
Agreement No. 1215 with McMurray Stern, Inc. in the
total amount of $371.20 to extend the warranty
coverage on the department's Spacesaver Mobile
system located in Evidence Room for the period of
September 1, 2008 through August 31, 2009.
2. Acceptance of Standard Terms and Conditions for All
Orders with Purchase Planners Group for office
furnishings.
It was moved by McCormick, seconded by Gonzales, to
approved Platinum Service Protection Plan and Service Agreement
No. 1215 with McMurray Stern, Inc. in the total amount of
$371.20 to extend the warranty coverage on the department's
Spacesaver Mobile system located in Evidence Room for the period
of September 1, 2008 through August 31, 2009, and to authorize
the Chief of Police to execute said agreement. Motion carried.
It was moved by Davis, seconded by Gonzales, to
approve an Acceptance of Standard Terms and Conditions for All
Orders with Purchase Planners Group for office furnishings, and
to authorize the Chief of Police to execute said document.
Motion carried.
Request from the Fire Chief for authorization to issue
a purchase order to Bowers Ambulance Services in the total
amount of $237,067.50, which includes a 9% rate increase, to
renew the monthly ambulance service for the period of September
1, 2008 through August 31, 2009, was presented.
Regular City Council Meeting Minutes
October 6, 2008
It was moved by McCormick, seconded by Gonzales, to
approve the issuance of a purchase order to Bowers Ambulance
Services in the total amount of $237,067.50, which includes a 90
rate increase, to renew the monthly ambulance service for the
period of September 1, 2008 through August 31, 2009. Motion
carried.
RESOLUTION NO. 9711 - A Resolution of the City Council
of the City of Vernon Adopting a Conflict of Interest Code for
the City of Vernon That Incorporates by Reference the Standard
Model Conflict of Interest Code of the Fair Political Practices
Commission, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9711 be approved and adopted. Motion carried.
RESOLUTION NO. 9713 - 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
Nationwide Environmental Services for Citywide Street Sweeping
Services, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9713 be approved and adopted. Motion carried.
RESOLUTION NO. 9714 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Real Estate Purchase and Sale Agreement and Escrow
Instructions By and Between the City of Vernon and DP Vernon,
LLC for Property Located at 5001 S. Soto Street (Five Foot
Parcel in Back), was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9714 be approved and adopted. Motion carried.
RESOLUTION NO. 9715 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a 2008 Disneyland Resort Ticket Sales Agreement By and Between
the City of Vernon and Disney Destinations, LLC dba Disney
Destinations Sales, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9715 be approved and adopted. Motion carried.
RESOLUTION NO. 9716 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. 2 to Memorandum of Understanding By and Between
the City of Vernon and the Los Angeles County Metropolitan
Transportation Authority, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9716 be approved and adopted. Motion carried.
RESOLUTION NO. 9717 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Six to Consulting Agreement By and Between the
City of Vernon, Joseph E. Furnish and Lake Street Associates,
Inc., was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9717 be approved and adopted. Motion carried.
Page 7 of 16
Regular City Council Meeting Minutes
October 6, 2008
RESOLUTION NO. 9718 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Non -Disclosure and Non -Use Agreement By and Between the City
of Vernon and FlueGen, Inc., was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9718 be approved and adopted. Motion carried.
RESOLUTION NO. 9719 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Revised Computer
Purchase Plan, a Form Personal Participation Loan Application
and Agreement, a Form Personal Computer Specification Sheet and
a Form Computer Loan Verification from Department Head and
Payroll and Establishing an Employee Computer Purchase Loan
Program, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9719 be approved and adopted. Motion carried.
RESOLUTION NO. 9720 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Revised Hearing
Aid Device Plan, a Form Personal Participation Loan Application
and Agreement and a Form der Hearing Aid Device Loan
Verification from Department Head and Payroll and Establishing
an Employee Hearing Aid Device Loan Program, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9720 be approved and adopted. Motion carried.
RESOLUTION NO. 9721 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Revised
Corrective Eye Surgery Plan, a Form Personal Participation Loan
Application and Agreement and a Form Corrective Eye Surgery Loan
Verification from Department Head and Payroll and Establishing
an Employee Corrective Eye Surgery Loan Program, was read by
title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9721 be approved and adopted. Motion carried.
RESOLUTION NO. 9722 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase and Services Agreement By and Between the
City of Vernon and Dennis D. Rock Construction for an Enhanced
Vapor Recovery System for the Gasoline Dispensing Operation of
the Department of Community Services & Water, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9722 be approved and adopted. Motion carried.
RESOLUTION NO. 9723 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Encroachment License Agreement No. 407 By and Between the City
of Vernon and KBB Investments, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9723 be approved and adopted. Motion carried.
RESOLUTION NO. 9724 - A Resolution of the City Council
of the City of Vernon Accepting the Work of General Pump Company
in Accordance with Contract No. 611 of the City of Vernon, was
read by title.
Page 8 of 16
Regular City Council Meeting Minutes
October 6, 2008
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9724 be approved and adopted. Motion carried.
RESOLUTION NO. 9725 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of Request for
Proposals for Citywide Speed Study for the Department of
Community Services & Water, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9725 be approved and adopted. Motion carried.
RESOLUTION NO. 9726 - A Resolution of the City Council
of the City of Vernon Approving Contract No. CS-0014 for the
City Apartment Complex Parking Lot and Authorizing Notice
Inviting Sealed Proposals or Bids in Accordance Therewith, was
read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9726 be approved and adopted. Motion carried.
RESOLUTION NO. 9728 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9639 By Amending
Schedule No. XIII of said Resolution Regarding the Compensation,
Costs and Benefits of its Employees (Amendment No. 4), was read
by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9728 be approved and adopted. Motion carried.
RESOLUTION NO. 9729 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Confidentiality and Nondisclosure Agreement By and Between the
City of Vernon and Advanced Cleanup Technologies, Inc., was read
by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9729 be approved and adopted. Motion carried.
RESOLUTION NO. 9730 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Special Services By and Between the City of
Vernon and Liebert Cassidy Whitmore for Employment Relations
Matters, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9730 be approved and adopted. Motion carried.
RESOLUTION NO. 9731 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Revised City of
Vernon Family and Medical Leave Policy, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9731 be approved and adopted. Motion carried.
RESOLUTION NO. 9732 - A Resolution of the City Council
of the City of Vernon Approving and Adopting Additions,
Deletions and Other Changes to Natural Gas Rate Schedules, Rules
for Gas Service, Form Natural Gas Transportation Agreement and
Form Natural Gas Commodity Agreement Regarding Natural Gas Rates
to be Charged for Gas Distributed and Supplied by the City
Within its Boundaries, was read by title.
Page 9 of 16
Regular City Council Meeting Minutes
October 6, 2008
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9732 be approved and adopted. Motion carried.
RESOLUTION NO. 9733 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying Actions Taken
Regarding Renewal of Pollution Legal Liability Insurance from
American International Specialty Lines Insurance Company, was
read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9733 be approved and adopted. Motion carried.
RESOLUTION NO. 9734 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Third 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 Gonzales, seconded by McCormick, that
Resolution No. 9734 be approved and adopted. Motion carried.
RESOLUTION NO. 9735 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Lake Chevrolet on Bid
No. 1457 for the Purchase of a 2009 Chevrolet Suburban for the
Fire 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 Davis, that
Resolution No. 9735 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1249, covering claims and demands presented
during the period of September 3 through September 16, 2008,
drawn on Bank of America totaling $1,889,422.97, which includes
Check Nos. 322159 through 322364, excluding void Check No.
322172 (Accounting period September 2008), was presented.
It was moved Gonzales, seconded by McCormick, that the
issuance of early checks for Warrant Register No. 1249, covering
claims and demands totaling $1,889,422.97, be ratified. Motion
carried. Councilman Davis abstained and disqualified himself on
this matter.
There were no wire transfers made for Warrant Register
No. 1248 1249.
There were no regular printed checks issued for
Warrant Register No. 1248 1249.
Ratification of the issuance of early checks for
Warrant Register No. 1250, covering claims and demands presented
during the period of September 17 through September 30, 2008,
drawn on Bank of America totaling $388,666.31, which includes
Check Nos. 322365 through 322435, excluding void Check No.
322367 (Accounting period October 2008), was presented.
Page 10 of 16
Regular City Council Meeting Minutes
October 6, 2008
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Warrant Register No. 1250,
covering claims and demands totaling $388,666.31, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
There were no wire transfers made for Warrant Register
No. 1250.
Warrant Register No. 1250, covering claims and demands
presented during the period of September 17 through September
30, 2008, drawn on Bank of America totaling $712,952.95, which
includes Check Nos. 322436 through 322564 (Accounting period
October 2008), was presented.
It was moved McCormick, seconded by Davis, that
Warrant Register No. 1250 be approved and payment authorized for
claims and demands totaling $712,952.95. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 214, covering claims and demands
presented during the period of September 3 through September 16,
2008, drawn on Bank of America totaling $301,584.33, which
includes Check Nos. 505864 through 505916 (Accounting period
September 2008), was presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Light & Power Warrant Register
No. 214, covering claims and demands totaling $301,584.33, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Ratification of wire transfers for Light & Power
Warrant Register No. 214, covering claims and demands presented
during the period of September 3 through September 16, 2008,
drawn on Bank of America totaling $2,774,954.14, which includes
Wire Nos. 4070 through 4084 (Accounting period September 2008),
was presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 214,
covering claims and demands totaling $2,774,954.14, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
There were no regular printed checks issued for Light
& Power Warrant Register No. 214.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 215, covering claims and demands
presented during the period of September 17 through September
30, 2008, drawn on Bank of America totaling $27,686.96, which
includes Check Nos. 505917 through 505936 (Accounting period
October 2008), was presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Light & Power Warrant Register
No. 215, covering claims and demands totaling $27,686.96, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Page 11 of 16
Regular City Council Meeting Minutes
October 6, 2008
Ratification of wire transfers for Light & Power
Warrant Register No. 215, covering claims and demands presented
during the period of September 17 through September 30, 2008,
drawn on Bank of America totaling $3,357,429.94, which includes
Wire Nos. 4085 through 4102 (Accounting period October 2008),
was presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 215,
covering claims and demands totaling $3,357,429.94, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Light & Power Warrant Register No. 215, covering
claims and demands presented during the period of September 17
through September 30, 2008, drawn on Bank of America totaling
$70,746.68, which includes Check Nos. 505937 through 505964
(Accounting period October 2008), was presented.
It was moved by McCormick, seconded by Davis, that
Light & Power Warrant Register No. 215 be approved and payment
authorized for claims and demands totaling $70,746.68. Motion
carried.
Ratification of the issuance of early checks for Gas
Warrant Register No. 5, covering claims and demands presented
during the period of September 3 through September 16, 2008,
drawn on Bank of America totaling $8,259.07, which includes
Check Nos. 34 through 38 (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. 5,
covering claims and demands totaling $8,259.07, be ratified.
Motion carried.
There were no wire transfers issued for Gas Warrant
Register No. 5.
There were no regular printed checks issued for Gas
Warrant Register No. 5.
Ratification of the issuance of early checks for Gas
Warrant Register No. 6, covering claims and demands presented
during the period of September 17 through September 30, 2008,
drawn on Bank of America totaling $322.54, which includes Check
Nos. 39 through 44 (Accounting period October 2008), was
presented.
It was moved by Davis, seconded by McCormick, that the
issuance of early checks for Gas Warrant Register No. 6,
covering claims and demands totaling $322.54, be ratified.
Motion carried.
Ratification of wire transfers for Gas Warrant
Register No. 6, covering claims and demands presented during the
period of September 17 through September 30, 2008, drawn on Bank
of America totaling $5,594,324.31, which includes Wire Nos. 0004
through 0005 (Accounting period October 2008), was presented.
It was moved McCormick, seconded by Davis, that wire
transfers for Gas Warrant Register No. 6, covering claims and
demands totaling $5,594,324.31, be ratified. Motion carried.
Page 12 of 16
Regular City Council Meeting Minutes
October 6, 2008
Gas Warrant Register No. 6, covering claims and
demands presented during the period of September 17 through
September 30, 2008, drawn on Bank of _America totaling $7,575.47,
which includes Check Nos. 45 through 49 (Accounting period
October 2008), was presented.
It was moved by Gonzales, seconded by Davis, that Gas
Warrant Register No. 6 be approved and payment authorized for
claims and demands totaling $7,575.47. Motion carried.
The City Administrator announced that this was the
time for elected officials to report on conferences/seminars
attended during the period of September 8 through October 5,
2008.
Mayor Pro-Tem Gonzales, Councilman Davis, and
Councilman McCormick attended the League of California Cities
Annual Conference in Long Beach on September 24 through 27,
2008.
Mayor Pro-Tem Gonzales reported on a company that
sells solar energy and provides rebates on certain purchases.
Councilman Davis reported on the session regarding
public safety and community involvement. He also advised that
the League was "going green," so registration for future events
would be handled electronically.
Councilman McCormick reported on the session regarding
the Americans with Disabilities Act (ADA), which addressed an
increase in class action lawsuits, pre -litigation strategies to
protect public entities, and defense plans once an ADA claim has
been filed.
The City Administrator announced that this was the
time for reports from departments.
The Fire Chief congratulated Councilman Ybarra on his
return and reported on the following:
1. Rotary Meeting held the prior week, during which the
Rotary Governor climbed the department's engine
ladder. He advised that the Rotary's financial
participation in various programs was the highest in
the region.
2. His experience at the League of California Cities
Annual Conference, including Governor Arnold
Schwarzenneger's speech.
3. Upcoming Fire Prevention Presentations to be held at
the Vernon Elementary School that week.
Police Captain Rodino, who attended the meeting in the
Police Chief's absence, welcomed Councilman Ybarra back. He
reported on the new four-way stop signs at the intersection of
Seville Avenue and Vernon Avenue.
The City Treasurer reported on her attendance at the
California Municipal Treasurers Association Conference to obtain
credits toward her recertification in 2009.
The Director of Personnel welcomed Councilman Ybarra
back. She reported on the various sessions she attended at the
League of California Cities Annual Conference.
Page 13 of 16
Regular City Council Meeting Minutes
October 6, 2008
The Finance Director welcomed Councilman Ybarra back.
He reported on the auditors' concerns regarding risk and advised
that the audit was scheduled for completion by the end of
October.
The Risk Manager welcomed Councilman Ybarra back.
The Director of Environmental Health welcomed
Councilman Ybarra back. He reported on the success of the third
E-Waste event, during which the same amount of electronic waste
was collected as during the first two events. He also advised
of his recent installation as the President of the California
Conference of Directors of Environmental Health for 2008-2009.
The Director of Community Services & Water welcomed
Councilman Ybarra back and reported on the following:
1. League of California Cities Conference session on
"going green" and the importance of reducing
electric and water waste.
2. Four-way stop signs at the intersection of Seville
Avenue and Vernon Avenue.
3. Demolition of the Smurfit -Stone site.
a. Bones were discovered, but determined by the
archeologist to be those of a cow.
b. Need to replace dirt at the site.
The Director of Community Services & Water requested
authorization to issue a change order for the replacement dirt
needed at the Smurfit -Stone site.
All five Councilmembers concurred to authorize the
Director of Community Services & Water to issue a change order
for the replacement dirt needed at the Smurfit -Stone site.
Councilman Davis asked the Director of Community
Services & Water how safe the City's drinking water is.
The Director of Community Services & Water advised
that the City's water is safe to drink and is tested regularly.
The Director of Light & Power welcomed Councilman
Ybarra back and reported on the following:
1. Malburg Generating Station (MGS) transmission
distribution.
2. MGS operations under Bicent since April 2008 and
currently operating at its full capacity.
3. Postponement of the bill banning the manufacturing
of mylar balloons.
4. Department's inventory process.
a. Integration of data to the City's accounting
system.
5. Southeast Region Energy Project's on -going study of
an efficient mechanical design.
6. Department's intent to construct a natural gas
filling station in Vernon.
The Mayor called a short recess at 11:40 a.m.
The City Council reconvened in regular session at
11:49 a.m., all members present before the recess again being
present.
Page 14 of 16
Regular City Council Meeting Minutes
October 6, 2008
The Director of Human Resources had nothing to report
at this time.
The City Attorney had nothing to report at this time.
The City Clerk welcomed Councilman Ybarra back. She
reported on the various sessions, meetings, and speeches she
attended at the League of California Cities Annual Conference,
which included sessions on ethics and the implications of the
Public Records Act on new technology in California, the City
Clerks' meeting, and Governor Arnold Schwarzenneger's speech.
The City Administrator provided updates on the City's
current credit rating and recent bond activities. He
distributed final pricing books on the City's 2008 Taxable Bonds
to the Councilmembers.
The City Administrator announced that this was the
time to go into closed session.
It was moved by Gonzales, seconded by McCormick, that
the City Council go into closed session, the time being 12:19
p.m. Motion carried.
Everyone was excluded from closed session with the
exception of the Risk Manager, Director of Human Resources,
Director of Personnel, City Administrator, and City Attorney.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
The Risk Manager was excused from closed session at
12:20 p.m.
The Director of Personnel was excused from closed
session at 12:30 p.m.
The Mayor excused himself from closed session at 1:09
p.m.
Councilman Davis excused himself from closed session
at 1:10 p.m.
The Mayor returned to closed session at 1:12 p.m.
Councilman Davis returned to closed session at 1:14
p.m.
It was moved by McCormick, seconded by Gonzales, that
the City Council go out of closed session and resume regular
session, the time being 1:24 p.m. Motion carried.
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. Rafael Castellanos as a Utilityman IV, step 5,
effective October 20, 2008.
2. Brian Lendzion as a Utilityman IV, step 5, effective
October 20, 2008.
Page 15 of 16
Regular City Council Meeting Minutes
October 6, 2008
It was reported out that the City Council had a
conference in closed session regarding seven Employee Evaluation
matters pursuant to Government Code Section 54957, and merit
step increases were granted to the following employees as
specified:
1. Christopher Delgado, Electronics Technician, from
step 6 to step 5, effective October 12, 2008.
2. Charles Montoya, Electronics Technician, from step 6
to step 5, effective October 12, 2008.
3.Daniel Lopez, Gas Systems Lead, from step 2 to step
1, effective October 12, 2008.
4. Juan Lozano, Gas Systems Technician, from step 7 to
step 6, effective October 12, 2008.
5. Alex Ly, Information Technology Analyst, from step 4
to step 3, effective October 12, 2008.
6. Marco Reynoso, Utilityman II, from step 2 to step 1,
effective October 26, 2008.
7. Victor Vasquez, Utilityman IV, from step 3 to step
2, effective October 26, 2008.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding two
potential cases of litigation pursuant to subdivision (b) of
Government Code Section 54956.9, and authority was given to the
City Attorney to deny one of the two claims. No action was
taken with regard to the second claim.
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.
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 1:24
p.m. Motion carried.
ATTEST:
Manuela Giron
City Clerk
a-m6-; Leonis C`,--Malburg
Title: Mayor
Page 16 of 16