20090114 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MONDAY, JANUARY 14, 2009, AT 4:35 P.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, Davis, McCormick, Maisano
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
The City Administrator advised that the following five
items, which required immediate action, were brought to his
attention after the agenda was posted. He asked that votes be
taken to determine that said matters required immediate action
and to add said matters to the agenda.
1. Warrant Register No. 1257.
2. Light & Power Warrant Register No. 222.
3. Gas Warrant Register No. 13.
4. Request to hire Gustavo Reveles as a Computer Aided
Drafting Technician.
5. For the closed session portion: Conference with Real
Property Negotiator pursuant to Government Code
Section 54956.8 for real property located at 3250,
3316, 3344, and 3376 East 44th Street, with Jeff A.
Harrison, City Attorney, as the Agency Negotiator.
It was moved by McCormick, seconded by Gonzales, to
add Warrant Register No. 1257 to the agenda. Motion carried.
Ayes: Malburg, Gonzales, Davis, McCormick, Maisano
Noes: None
Absent: None
Abstained: None
It was moved by Davis, seconded by McCormick, to add
Light & Power Warrant Register No. 222 to the agenda. Motion
carried.
Ayes: Malburg, Gonzales, Davis, McCormick, Maisano
Noes: None
Absent: None
Abstained: None
It was moved by Gonzales, seconded by McCormick, to
add Gas Warrant Register No. 13 to the agenda. Motion carried.
Ayes: Malburg, Gonzales, Davis, McCormick, Maisano
Noes: None
Absent: None
Abstained: None
It was moved by McCormick, seconded by Davis, to add
the request to hire Gustavo Reveles as a Computer Aided Drafting
Technician to the agenda. Motion carried.
Ayes: Malburg, Gonzales, Davis, McCormick, Maisano
Noes: None
Absent: None
Abstained: None
Adjourned Regular City Council Meeting Minutes
January 14, 2009
It was moved by McCormick, seconded by Gonzales, to
add the Conference with Real Property Negotiator to the closed
session portion of the agenda. Motion carried.
Ayes: Malburg, Gonzales, Davis, McCormick, Maisano
Noes: None
Absent: None
Abstained: None
Huntington Park Councilwoman Ofelia Hernandez
addressed the City Council and congratulated Mr. Thomas A.
Ybarra on his retirement and presented him with a Key to the
City of Huntington Park.
RESOLUTION NO. 9808 - A Resolution of the City Council
of the City of Vernon Commending and Honoring Councilman Thomas
A. Ybarra for His Many Years of Service to the City of Vernon
and Conferring the Honorary Title of Mayor Pro Tempore Emeritus
upon Thomas A. Ybarra, was read in its entirety.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9808 be approved and adopted. Motion carried.
The Mayor presented Resolution No. 9808 to Mr. Thomas
A. Ybarra and, on behalf of the entire City Council, thanked him
for his many years of service with the City Council and
congratulated him on receiving the honorary title of Mayor Pro
Tempore Emeritus.
The City Administrator announced that this was the
time for anyone in the audience to address the City Council on
anyagenda 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. Mike Ybarra, son of Mayor Pro Tempore Emeritus
Ybarra, addressed the City Council on behalf of the entire
Ybarra family, and expressed the family's sincere appreciation
to the City Council and City staff.
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.
ORDINANCE NO. 1154 - An Ordinance of the City Council
of the City of Vernon Amending Section 2.69-1 of Chapter 2,
Administration, of the Code of the City of Vernon, California,
1959, and Repealing all Ordinances or Parts of Ordinances in
Conflict Therewith, was read by title for a second and final
reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1154 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Davis, McCormick, Maisano
Noes• None
Absent: None
Abstained: None
Page 2 of 7
Adjourned Regular City Council Meeting Minutes
January 14, 2009
Ratification of the issuance of early checks for
Warrant Register No. 1257, covering claims and demands presented
during the period of December 30, 2008 through January 13, 2009,
drawn on Bank of America totaling $896,796.31, which includes
Check Nos. 323722 through 323788, (Accounting period January
2009), was presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1257,
covering claims and demands totaling $896,796.31, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Ratification of wire transfers for Warrant Register
No. 1257, covering claims and demands presented during the
period of December 30, 2008 through January 13, 2009, drawn on
Bank of America totaling $165,323.94, which includes Wire Nos.
298 through 299 (Accounting period January 2009), was presented.
It was moved by McCormick, seconded by Davis, that
wire transfers for Warrant Register No. 1257, covering claims
and demands totaling $165,323.94, be ratified. Motion carried.
Warrant Register No. 1257, covering claims and demands
presented during the period of December 30, 2008 through January
13, 2009, drawn on Bank of America totaling $397,260.51, which
includes Check Nos. 323789 through 323903 (Accounting period
January 2009), was presented.
It was moved by Gonzales, seconded by Davis, that
Warrant Register No. 1257 be approved and payment authorized for
claims and demands totaling $397,260.51. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 222, covering claims and demands
presented during the period of December 30, 2008 through January
13, 2009, drawn on Bank of America totaling $6,917.88, which
includes Check Nos. 506207 through 506214 (Accounting period
January 2009), was presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Light & Power Warrant Register
No. 222, covering claims and demands totaling $6,917.88, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Ratification of wire transfers for Light & Power
Warrant Register No. 222, covering claims and demands presented
during the period of December 30, 2008 through January 13, 2009,
drawn on Bank of America totaling $1,695,078.61, which includes
Wire Nos. 4179 through 4191 (Accounting period January 2009),
was presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 222,
covering claims and demands totaling $1,695,078.61, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Page 3 of 7
Adjourned Regular City Council Meeting Minutes
January 14, 2009
Light & Power Warrant Register No. 222, covering
claims and demands presented during the period of December 30,
2008 through January 13, 2009, drawn on Bank of America totaling
$3,014.98, which includes Check Nos. 506215 through 506217
(Accounting period January 2009), was presented.
It was moved by McCormick, seconded by Davis, that
Light & Power Warrant Register No. 222 be approved and payment
authorized for claims and demands totaling $3,014.98. Motion
carried.
Ratification of the issuance of early checks for Gas
Warrant Register No. 13, covering claims and demands presented
during the period of December 30, 2008 through January 13, 2009,
drawn on Bank of America totaling $218.47, which includes Check
Nos. 89 through 91 (Accounting period January 2009), was
presented.
It was moved by Davis, seconded by Gonzales, that the
issuance of early checks for Gas Warrant Register No. 13,
covering claims and demands totaling $218.47, be ratified.
Motion carried.
Ratification of wire transfers for Gas Warrant
Register No. 13, covering claims and demands presented during
the period of December 30, 2008 through January 13, 2009, drawn
on Bank of America totaling $2,680,267.31, which includes Wire
No. 0014 (Accounting period January 2009), was presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Gas Warrant Register No. 13, covering claims
and demands totaling $2,680,267.31, be ratified. Motion carried
The City Administrator advised that there were no
regular printed checks for Gas Warrant Register No. 13.
Request to hire Gustavo Reveles as a Computer Aided
Drafting Technician, step 6, in the Light & Power Department,
effective January 20, 2009, was presented.
It was moved by McCormick, seconded by Davis, to hire
Gustavo Reveles as a Computer Aided Drafting Technician, step 6,
in the Light & Power Department, effective January 20, 2009.
(This item corrects and supersedes the action taken at the City
Council Meeting of January 12, 2009, to hire Gustavo Reveles at
step 9 of the same position.)
The City Administrator announced that this was the
time to hold the discussion of 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 sought direction from the City
Council with regard to the following two matters:
1. Installation of broadband access for all City -owned
housing units.
2. Installation of air conditioning and heating units
for the remaining City -owned housing units on
Furlong Place and Fruitland Avenue that have not yet
been renovated.
Page 4 of 7
Adjourned Regular City Council Meeting Minutes
January 14, 2009
All City Council Members agreed to authorize the
respective Department Heads to seek quotes for the
aforementioned matters and report back.
The City Administrator announced that this was the
time for elected officials to report on conferences/seminars
attended during the period of January 12 through January 14,
2009.
Councilman McCormick reported on the "California
Contract Cities Association 42nd Annual Sacramento Legislative
Orientation Tour 2009" he attended in Sacramento, California on
January 12-14, 2009.
The City Administrator announced that this was the
time for reports from departments.
The Fire Chief congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement. He advised that his
administrative staff was getting situated in their new office at
Fire Station No. 1. He also reported on the benefits of having
safety and administrative personnel interact on a daily basis.
The Chief of Police congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement.
The City Treasurer congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement.
The Director of Personnel congratulated Mayor Pro
Tempore Emeritus Ybarra on his retirement. She advised that
CalPERS would be holding a Retirement Planning Seminar at City
Hall on Tuesday, January 27, 2009.
The Director of Finance congratulated Mayor Pro
Tempore Emeritus Ybarra on his retirement. He advised that the
Redevelopment Agency's Audited Financial Statements would be
finalized the following week.
The Risk Manager congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement.
The City Clerk congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement. She sought and received
support from the City Council with regard to an invitation
extended to her by the City Clerks Association of California to
serve on a new committee.
The Director of Health congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement. He distributed packets to
the Council Members with regard the general organization and
operations of his department, particularly to provide an
overview to newly appointed Council Member Maisano.
The Director of Community Services congratulated Mayor
Pro Tempore Emeritus Ybarra on his retirement. He advised that
he would conduct a presentation on the I-710 project at the
conclusion of the department reports.
The Director of Light & Power congratulated Mayor Pro
Tempore Emeritus Ybarra on his retirement and wished him the
best in his retirement.
Page 5 of 7
Adjourned Regular City Council Meeting Minutes
January 14, 2009
The Director of Human Resources congratulated Mayor
Pro Tempore Emeritus Ybarra on his retirement.
Huntington Park Councilman Juan Noguez congratulated
Mayor Pro Tempore Emeritus Ybarra on his retirement. He also
congratulated Councilman Maisano on his appointment to the
Vernon City Council and presented Huntington Park lapel pins to
Mr. Ybarra and Mr. Maisano.
Councilman Davis congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement.
Mayor Pro-Tem Gonzales expressed his gratitude to Mr.
Ybarra for bringing him aboard many years ago.
The Mayor congratulated Mayor Pro Tempore Emeritus
Ybarra on his many years of service.
Councilman McCormick congratulated Mayor Pro Tempore
Emeritus Ybarra on his retirement and wished him the best.
Councilman Maisano expressed his respect for Mr.
Ybarra and the great example Mr. Ybarra set for him to follow.
The City Attorney commended Mr. Ybarra on his
outstanding achievement in providing many years of excellent
public service.
The City Administrator encouraged Mr. Ybarra to
continue to be an active part of the City's family.
Mayor Pro Tempore Emeritus Ybarra expressed his
gratitude for being able to serve all those who were present, as
well as the entire Vernon community.
The Director of Community Services distributed
handouts to the City Council Members and provided a Power Point
presentation on the I-710 Corridor Project, which was in the
Environmental Impact Review stage. He addressed the positive
economic, environmental, and safety impacts the proposed
elevated electric freight system would have and summarized the
recommendations he had made on behalf of the City of Vernon as a
member of the project's Technical Advisory Committee.
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 5:50
p.m. Motion carried.
Everyone was excluded from closed session, with the
exception of the City Administrator, City Attorney, Director of
Human Resources and Risk Manager.
It was moved by McCormick, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 6:33 p.m. Motion carried.
Page 6 of 7
Adjourned Regular City Council Meeting Minutes
January 14, 2009
It was reported out that the following closed session
Employee Evaluation matters were deferred:
1. Director of Health & Environmental Control
2. Director of Human Resources
3. City Administrator
4. Finance Director
5. City Attorney/Director of Industrial Development
6. Assistant Director of Industrial Development
7. Risk Manager
8. Director of Personnel/Director of Business
Services & Purchasing
9. Chief of Police
10. Fire Chief
11. Director of Community Services & Water
12. Director of Light & Power
13. City Treasurer
14. City Clerk
It was reported out that the City Council had a
conference in closed session with legal counsel regarding the
following three existing litigation cases, and no action was
taken with regard to said cases.
1. Huff, et al. v. Malkenhorst; Giron v. Huff, et
al.; LASC No. BS 101423, Court of Appeal Case No.
B194722
2. City of Bell v. City of Vernon, LASC BC 390397
3. Venegas, et al. v. County of Los Angeles, et al.;
LASC No. BC 207136
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, and no action was taken with
regard to said matters.
It was reported out that the City Council had a
Conference with Real Property Negotiator in closed session as
detailed below, and the Agency Negotiator was given authority to
submit an offer on the subject property.
1. Agency Negotiator: Jeff A. Harrison, City
Attorney
2. Property: Property located 3250, 3316, 3344 &
3376 E. 44th Street
3. Negotiating Party: Kal Kan/MARS Petcare, Inc.
4. Under Negotiation: Property acquisition
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 6:35
p.m. Motion carried.
a e; Leonis C. Malburg
Title: Mayor
ATT ST:
ILf /
nuela Giron
City Clerk
Page 7 of 7