20081201 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
DECEMBER 1, 2008, AT 10:05 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.
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.
Employee Name
Job Title
Years
1. James Rodino
Police Captain
25
2. Wilfredo Lopez
Meter Reader
20
3. Audra Hunter
Sr. Administrative Assistant
20
The following employees were unable to attend the
meeting, so their Service Pins were forwarded to them.
Employee Name
Job Title
Years
1. Michael Docherty
Police Officer
15
2. Ana Quinones
Police Officer
10
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. Martin Sandoval, Principal of the Vernon
Elementary School, members of his staff, Ms. Mora and Ms.
Schneider, Student Body President Edward Medina, and Student
Body Vice President Jennifer Hernandez, individually thanked the
City Council for its interest in and financial support of a new
kindergarten play area for the school.
The Mayor asked if there was anyone else who wished to
address the City Council at this time.
Ms. Kara Medrano of the Central Basin Municipal Water
District presented the City Council with a framed Certificate of
Recognition for participating in the agency's "Shut Your Tap"
Water Conservation Campaign and for considering Resolution No.
9780 on the agenda in support of said campaign.
Regular City Council Meeting Minutes
December 1, 2008
The Mayor asked if there was anyone else who wished to
address the City Council at this time.
The City Administrator introduced Mr. Martin Galindo,
Superintendent of the 6th District of the Los Angeles Unified
School District, who was in the audience.
Mr. Galindo thanked the City Council for its
generosity and involvement with the Vernon Elementary School and
advised of the school's interest in extending its educational
program to sixth and seventh graders. Mr. Galindo also thanked
Councilman McCormick for his participation in the Southeast
Cities Schools Coalition.
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.
RESOLUTION NO. 9780 - A Resolution of the City Council
of the City of Vernon in Support of the "Shut Your Tap" Water
Conservation Campaign of the Central Basin Municipal Water
District, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9780 be approved and adopted.
The City Administrator announced that this was the
time to open the public hearing to consider a variance from
Section 26.5.1-6 of the Comprehensive Zoning Ordinance, parking
and loading requirements, for Owens -Brockway Glass Container,
Inc. located at 2923 Fruitland Avenue.
It was moved by Davis, seconded by McCormick, to open
the public hearing to consider a variance from Section 26.5.1-6
of the Comprehensive Zoning Ordinance, parking and loading
requirements, for Owens -Brockway Glass Container, Inc. located
at 2923 Fruitland Avenue, the time being 10:24 a.m. Motion
carried.
The Director of Community Services summarized the
staff report on this matter, gave a Power Point presentation,
and recommended that the variance for Owens -Brockway Glass
Container, Inc. be approved, subject to the conditions listed in
Section 4 of Resolution No. 9778.
The Mayor asked if there was anyone in the audience
who wished to•address the City Council on this matter.
There was no one in the audience 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 a variance from Section
26.5.1-6 of the Comprehensive Zoning Ordinance, parking and
loading requirements, for Owens -Brockway Glass Container, Inc.
located at 2923 Fruitland Avenue, the time being 10:30 a.m.
Motion carried.
Page 2 of 10
Regular City Council Meeting Minutes
December 1, 2008
RESOLUTION NO. 9778 A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8152 Granting a
Variance to Owens -Brockway Glass Container, Inc. from Section
26.5.1-6 of the Comprehensive Zoning Ordinance, for the Property
Located at 2923 Fruitland Avenue in the City of Vernon, was read
by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9778 be approved and adopted. Motion carried.
ORDINANCE NO. 1153 - 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 first reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1153 be approved for a first reading. Motion
carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
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. 1238 to record voided Check No.
320029 in the amount of $20.67 issued to Dowrad Medical
Group on April 7, 2008.
■ Gas Warrant Register No. 8 to record voided Check No. 55
in the amount of $165.90 issued to AT&T on October 27,
2008.
2. 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 November 19 through
November 25, 2008, drawn on The Bank of New York Mellon
Corporation totaling $1,864,255.25, which includes Requisition
Nos. CE353 through CE354.
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 November 19
through November 25, 2008, drawn on The Bank of New York Mellon
Corporation totaling $52,572.87, which includes Requisition Nos.
LCD496 through LCD497.
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.
Page 3 of 10
Regular City Council Meeting Minutes
December 1, 2008
Request to grant additional days off (December 24,
2008 and December 31, 2008) with holiday pay in observance of
the Christmas and New Year's holidays, was presented.
It was moved by Davis, seconded by Gonzales, to grant
additional days off (December 24, 2008 and December 31, 2008)
with holiday pay to City employees in observance of the
Christmas and New Year's holidays. Motion carried.
Ratification of the following actions taken at the
City Council meeting of November 24, 2008, with respect to City
housing assignments, was presented.
1. Termination of the tenancy of Constantine Dean
Economos, effective immediately.
2. Termination of the tenancy of John Malburg,
effective immediately.
It was moved by Gonzales, seconded by Davis, to ratify
the aforementioned actions taken at the City Council meeting of
November 24, 2008, with respect to City housing assignments.
Motion carried. Mayor Malburg abstained and disqualified
himself on this matter.
Request from the Purchasing Agent for approval of the
following Work Authorizations with Motorola, Inc. at the stated
amounts for UHF and VHF radios and related equipment/accessories
for the Police Department using Buffer Zone Protection Program
grant funds, was presented.
1.
Work
Authorization
No.
003 -
$22,468.98
2.
Work
Authorization
No.
004 -
$27,317.87
3.
Work
Authorization
No.
005 -
$99,499.45
4.
Work
Authorization
No.
006 -
$158,908.93
5.
Work
Authorization
No.
007 -
$136,868.62
It was moved by McCormick, seconded by Gonzales, to
approve the aforementioned Work Authorizations with Motorola,
Inc. at the stated amounts for UHF and VHF radios and related
equipment/accessories for the Police Department using Buffer
Zone Protection Program grant funds. Motion carried.
Request from the Chief of Police for authorization to
issue a purchase order to National Police Supply in the
approximate amount of $13,426.35 for microphones and earphones
for the new UHF radios requested under the aforementioned
Motorola Work Authorization No. 006, was presented.
It was moved by McCormick, seconded by Davis, to
authorize the issuance of a purchase order to National Police
Supply in the approximate amount of $13,426.35 for microphones
and earphones for the new UHF radios requested under the
aforementioned Motorola Work Authorization No. 006. Motion
carried.
RESOLUTION NO. 9770 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Seven to Maintenance Agreement By and Between
the City of Vernon and VCI Telcom, Inc., was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9770 be approved and adopted. Motion carried.
Page 4 of 10
Regular City Council Meeting Minutes
December 1, 2008
RESOLUTION NO. 9774 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Software License Agreement and Software Service Attachment By
and Between the City of Vernon and Visionair, Inc. Regarding GIS
Mapping Software for the Police Department Utilizing. Buffer Zone
Protection Grant Funds, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9774 be approved and adopted. Motion carried.
RESOLUTION NO. 9775 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase Agreement By and Between the City of
Vernon and Optics Planet, Inc. Regarding Thermal -Eye Digital
Cameras for the Police Department Utilizing Buffer Zone
Protection Grant Funds, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9775 be approved and adopted. Motion carried.
RESOLUTION NO. 9779 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of FS Construction for
the City Apartment Complex Parking Lot in Accordance with
Contract No. CS-0014 of the City of Vernon and Approving the
Execution of said Contract, was read by title.
The City Council asked the Director of Community
Services to obtain cost estimates for the construction of
carports for the City Apartment Complex Parking Lot and report
back.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9779 be deferred. Motion carried. Councilman
McCormick abstained and disqualified himself on this matter.
RESOLUTION NO. 9781 - 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 and Repealing
Resolution No. 9708, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9781 be approved and adopted. Motion carried.
RESOLUTION NO. 9782 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9641 Regarding the
Payment of Premiums for Medical -Dental Insurance for Certain
Categories of Retired Employees During the 2008-2009 Fiscal
Year, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9782 be approved and adopted. Motion carried.
RESOLUTION NO. 9783 - A Resolution of the City Council
of the City of Vernon Granting the Disability Retirement of
Larry Walker, a Local Safety Member Formerly Employed By the
City of Vernon (Government Code Sections 21154 and 21156), was
read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9783 be approved and adopted. Motion carried.
Page 5 of 10
Regular City Council Meeting Minutes
December 1, 2008
RESOLUTION NO. 9784 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement By and Between the City of Vernon and PIPS
Technology, Inc. Regarding License Plate Recognition Camera
System for the Police Department Utilizing Buffer Zone
Protection Grant Funds, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9784 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1254, covering claims and demands presented
during the period of November 19 through November 25, 2008,
drawn on Bank of America totaling $343,215.09, which includes
Check Nos. 323252 through 323283, (Accounting period December
2008), was presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1254,
covering claims and demands totaling $343,215.09, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
The City Administrator advised that there were no wire
transfers made for Warrant Register No. 1254.
Warrant Register No. 1254, covering claims and demands
presented during the period of November 19 through November 25,
2008, drawn on Bank of America totaling $332,512.59, which
includes Check Nos. 323284 through 323333 (Accounting period
December 2008), was presented.
It was moved by Davis, seconded by Gonzales, that wire
transfers for Warrant Register No. 1254, covering claims and
demands totaling $332,512.59, be ratified. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 219, covering claims and demands
presented during the period of November 19 through November 25,
2008, drawn on Bank of America totaling $2,269.48, which
includes Check Nos. 506107 through 506114 (Accounting period
December 2008), was presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Light & Power Warrant Register
No. 219, covering claims and demands totaling $2,269.48, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 219, covering claims and demands presented
during the period of November 19 through November 25, 2008,
drawn on Bank of America totaling $3,288,268.66, which includes
Wire Nos. 4146 through 4151 (Accounting period December 2008),
was presented.
It was moved by Davis, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 219,
covering claims and demands totaling $3,288,268.66, be ratified.
Motion carried.
Page 6 of 10
Regular City Council Meeting Minutes
December 1, 2008
Light & Power Warrant Register No. 219, covering
claims and demands presented during the period of November 19
through November 25, 2008, drawn on Bank of America totaling
$116,004.08, which includes Check Nos. 506115 through 506125
(Accounting period December 2008), was presented.
It was moved by Gonzales, seconded by Davis, that
Light & Power Warrant Register No. 219 be approved and payment
authorized for claims and demands totaling $116,004.08. Motion
carried.
Ratification of the issuance of early checks for Gas
Warrant Register No. 10, covering claims and demands presented
during the period of November 19 through November 25, 2008,
drawn on Bank of America totaling $185.10, which includes Check
Nos. 69 through 70 (Accounting period December 2008), was
presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Gas Warrant Register No. 10,
covering claims and demands totaling $185.10, be ratified.
Motion carried.
The City Administrator advised that there were no wire
transfers made for Gas Warrant Register No. 10.
Gas Warrant Register No. 10, covering claims and
demands presented during the period of November 19 through
November 25, 2008, drawn on Bank of America totaling $16,618.40,
which includes Check Nos. 71 through 74 (Accounting period
December 2008), was presented.
It was moved by Davis, seconded by McCormick, that Gas
Warrant Register No. 10 be approved and payment authorized for
claims and demands totaling $16,618.40. Motion carried.
The City Administrator announced that this was the
time to hold the discussion regarding City -owned housing to be
occupied by Police, Fire, Health, Electric Service and Gas
Personnel, and the City Treasurer, and all necessary and
appropriate changes to be made in existing City -owned housing.
The City Administrator advised that he was currently
compiling all documents related to City housing for the City
Council to review at a future meeting.
The City Administrator announced that this was the
time for elected officials to report on conferences/seminars
attended during the period of November 24 through November 30,
2008.
It was reported that Elected Officials did not attend
any conferences/seminars during the period of November 24
through November 30, 2008.
The City Administrator announced that this was the
time for reports from departments.
Page 7 of 10
Regular City Council Meeting Minutes
December 1, 2008
The Fire Chief thanked the City Council for granting
the additional holidays for Christmas and New Year's, and
reported on the following matters:
1. Captain Richens involvement with the "Spark of Love"
toy drive.
2. Interview process for the new Regional Training
Officer position.
3. Filming on December 1 and 2, 2008, involving a
helicopter at Norris Industries for the television
series, "24."
The Chief of Police thanked the City Council for the
additional holidays.
The City Treasurer thanked the City Council for the
additional holidays.
The Director of Personnel thanked the City Council for
the additional holidays and reminded everyone about the upcoming
Holiday Party on Thursday, December 4, 2008.
The Finance Director thanked the City Council for the
additional holidays and advised that the audited financial
statements for the 2007-2008 fiscal year would be ready by mid
December.
The Risk Manager thanked the City Council for the
additional holidays and reported on the following:
1. Open enrollment for the City's insurance plans
offered to employees was scheduled to end on
December 4, 2008.
2. Voluntary life insurance with the new provider,
Lincoln National Life Insurance Company.
3.Discussion at the previous safety meeting regarding
the impact of Halloween decorations/set-ups on
general safety.
The Director of Environmental Health thanked the City
Council for the additional holidays and provided an update on
the disposal of fluorescent light bulbs and associated costs.
following:
The Director of Light & Power reported on the
1. Scheduled outage that occurred in late November
2008.
2. Wind/Solar Project, including significant interest
expressed by other parties.
3. Refinancing of the Gas Bonds.
4. City's position on recent decreases in the cost of
gas and power.
5. Justification of the recent increase in the City's
electrical rates approved at the November 24th City
Council Meeting, including the loss of revenue
resulting from increases in energy costs since
January 2008.
Page 8 of 10
Regular City Council Meeting Minutes
December 1, 2008
The Director of Community Services thanked the City
Council for the additional holidays and reported on the
following:
1. Recent expiration of the moratorium on new truck
terminals. He recommended the Zoning Ordinance be
redrafted to prevent the establishment of new truck
terminals within the City.
2. City's process for the disposal of fluorescent light
bulbs and associated costs.
3. Future Power Point presentation on the anticipated
drought and water storage.
The Director of Human Resources provided an update on
the resolution consolidating all employee benefits and providing
for the administration of those benefits, which would be
presented at a future meeting.
The City Attorney had nothing to report at this time.
The City Clerk thanked the City Council for the
additional holidays and advised of her intention to form a
network of City Clerks from neighboring cities.
The City Administrator reported on the following:
1. The need to prepare a resolution to send to Ca1PERS
clarifying the tax -deferred status of contributions.
2. Ca1PERS position in the collapsed financial market.
3. Criminal trial of Bruce V. Malkenhorst scheduled to
commence January 26, 2009.
4. Upcoming meeting with Citigroup regarding the
refinancing of the Gas Bonds, the City's current
financial position, and the status of the financial
market.
The City Council had nothing to report at this time.
The Mayor called a short recess at 11:58 a.m.
The City Council reconvened in regular session at
12:05 p.m., all members present before the recess again being
present.
The City Administrator announced that this was the
time to go into closed session.
It was moved by McCormick, seconded by Davis, that the
City Council go into closed session, the time being 12:24 p.m.
Motion carried.
Everyone was excluded from closed session, with the
exception of the City Administrator, City Attorney, Director of
Human Resources, Risk Manager, and Director of Personnel.
The Director of Light
at 12:29 p.m. at the request of
excused at 1:00 p.m.
& Power entered closed session
the City Council, and was
The Director of Personnel was excused from closed
session at 12:32 p.m.
Page 9 of 10
Regular City Council Meeting Minutes
December 1, 2008
The City Attorney, Director of Human Resources, and
Risk Manager were excused from closed session at 1:08 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 1:35 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding four Employee Evaluation
matters pursuant to Government Code Section 54957, and
evaluations for the following employees were reviewed:
1. Renan Castro, Utilityman I, step 3, for the period
of December 2007 through December 2008.
2. Robin Tolmasoff, Executive Secretary to the Director
of Light & Power, step 5, for the period of December
2007 through November 2008.
3. Jose Uriarte, Utilityman II, step 3 for the period
of November 2007 through November 2008.
4. Cynthia Mireles, Administrative Assistant, step 9,
for the period of December 2007 through November
2008.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding three
potential cases of litigation pursuant to subdivision (b) of
Government Code Section 54956.9. The claim of Elvira Grant was
accepted, the claim of AT&T was denied, and no action was taken
with regard to the third matter.
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 (c) of
Government Code Section 54956.9, and no action was taken with
regard to said matters.
There being no further business to come before the
City Council at this time, it was moved by Gonzales, seconded by
McCormick, that the meeting be adjourned, the time being 1:35
p.m. Motion carried.
ATTEST:
Nanuela Giron
City Clerk
Name , Leoni sNC . Mal]Surg
Title: Mayor
Page 10 of 10