20090209 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MONDAY, FEBRUARY 9, 2009, AT 10:01 A.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, McCormick, Davis, Maisano
MEMBERS ABSENT: NONE
The meeting was called to order by Mayor Malburg.
The City Administrator advised that there were no
changes to the agenda.
It was moved by McCormick, seconded by Davis that the
Minutes of the Regular C1ty Council Meeting held February 2,
2009, be approved and adopted as submitted. Motion carried.
Councilman Gonzales abstained and disqualified himself from this
matter.
The City Administrator announced that this was the
time allotted for anyone in the audience who wishes to address
the City Council on agenda and non -agenda items other than with
regard to any public hearings that may be listed. .
The Mayor asked if there was anyone in the audience
who wished to address the City Council at this time.
There was no one in the audience who wished to address
the City Council at this time.
The Consent Calendar was presented.
CONSENT CALENDAR
City Treasurer's Department
1. Ratification of City of Vernon Requisitions from the Citi
Gas Custody Escrow Account No. 800457 covering claims and
demands presented during the period of December 29, 2008 through
February 3, 2009, drawn on The Bank of New York Mellon
Corporation totaling $4,100.00, which includes Requisition No.
CG015.
2. Ratification of City of Vernon Requisitions from the Light
& Power Capital Projects Custody Escrow Account No. 800458
covering claims and demands presented during the period of
January 21 through February 3, 2009, drawn on The Bank of New
York Mellon Corporation totaling $8,743.41, which includes
Requisition No. LPCP537.
3. Ratification of City of Vernon Requisitions from the Bicent
Capacity Payment Custody Escrow Account No. 800594 covering
claims and demands presented during the period of January 21
through February 3, 2009, drawn on The Bank of New York Mellon
Corporation totaling $1,728,166.59, which includes Requisition
No. BCP002.
Regular City Council Minutes
February 9, 2009
Fire Department
4. Fire Department Activity Report for the period of January
26, 2009 through January 31, 2009, to be received and filed.
Personnel Department
5. Granting of merit step increases to the following employees
as specified, effective February 15, 2009:
a. Rafael Cortes, Jr., Utilityman II, from step 5 to step 4
b. Wilfred Lopez, Meter Reader, from step 2 to step 1
c. Yin Lan "Laney" Wang, Senior Accountant, from step 4 to
step 3
Police Department
6. Police Department Activity Report for the period of January
16, 2009 through January 31, 2009, 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 to assign the following persons to the
respective City -owned housing units:
1. George Ning, 3382 E. 50th Street in the City of
Vernon
It was moved by McCormick, seconded by Maisano, to
assign George Ning, the City -owned housing located at 3382 E.
50th Street, in the City of Vernon. Motion carried.
2. Luz Martinez, 3388 E. 50th Street in the City of
Vernon
It was moved by Gonzales, seconded by Davis, to assign
Luz Martinez, the City -owned housing located at 3388 E. 50th
Street, in the City of Vernon. Motion carried.
Request from the Director of Community Services for
approval of and authorization to execute a Proposal and
Agreement with Delta Fire Protection and Equipment in the
approximate amount of $5,628.00, to replace the control panel,
which operates the fire sprinkler system in the jail facility,
was presented. .
It was moved by Davis, seconded by Maisano, to approve
and authorize the execution of a Proposal and Agreement with
Delta Fire Protection and Equipment in the approximate amount of
$5,628.00, to replace the control panel, which operates the fire
sprinkler system in the jail facility. Motion carried.
RESOLUTION NO. 9854 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit to
Ensery West, LLC for the Operation of a Medical Waste Transfer
Station and Treatment Facility at 4726 Loma Vista Avenue in City
of Vernon, was read by title.
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Regular City Council Minutes
February 9, 2009
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9854 be approved and adopted. Motion carried.
RESOLUTION NO. 9855 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Three to Agreement By and Between the City of
Vernon and Tyler Technologies, Inc. (Eden Division), was read by
title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9855 be approved and adopted. Motion carried.
RESOLUTION NO. 9856 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
the Los Angeles Regional Interoperable Communications System
(LA-RICS) Authority Joint Powers Agreement and Authorizing the
City's Membership in the LA-RICS Authority, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9856 be approved and adopted. Motion carried.
RESOLUTION NO. 9857 - A Resolution of the City Council
of the City of Vernon Authorizing the Purchase of a HazMat ID
Command System for the Fire Department by Joining on the United
General Services Administration Contract with Smiths Detection,
was read by title.
It was moved by Maisano, seconded by Gonzales, that
Resolution No. 9857 be approved and adopted. Motion carried.
RESOLUTION NO. 9858 - A Resolution of the City Council
of the City of Vernon Supporting the Third Amendment to the
Central Basin Groundwater Adjudication to Provide for Storage
and Recovery of Groundwater and Authorizing the City to do all
Actions Deemed Necessary or Advisable Concerning Litigation
Regarding the Amendment, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9858 be approved and adopted. Motion carried.
RESOLUTION NO. 9859 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Memorandum of Agreement Among the Information Technology
Agency and Los Angeles/Long Beach Urban Area Partner Regarding
the City's Participation in a Web— Based Emergency Operations
Center Program, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9859 be approved and adopted. Motion carried.
RESOLUTION NO. 9860 - A Resolution of the City Council
of the City of Vernon Authorizing the Institution of a Paramedic
Program and Approving and Authorizing the City Administrator to
Take All Actions Deemed Necessary or Advisable to Create the
Program, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9860 be approved and adopted. Motion carried.
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Regular City Council Minutes
February 9, 2009
Ratification of the issuance of early checks for
Warrant Register No. 1260, covering claims and demands presented
during the period of January 28 through February 3, 2009, drawn
on Bank of America totaling $323,427.16, which includes Check
Nos. 324F083 through 324110, (Accounting period February 2009),
was presented.
It was moved by Gonzales, seconded by Davis, that the
issuance of early checks for Warrant Register No. 1260, covering
claims and demands totaling $323,427.16, be ratified. Motion
carried.
Ratification of wire transfers for Warrant Register
No. 1260, covering claims and demands presented during the
period of January 28 through February 3, 2009, drawn on Bank of
America totaling $4,386.10, which includes Wire No. 302 through
303 (Accounting period February 2009), was presented.
It was moved by McCormick, seconded by Maisano, that
wire transfers for Warrant Register No. 1260, covering claims
and demands totaling $4,386.10, be ratified. Motion carried.
Warrant Register No. 1260, covering claims and demands
presented during the period of January 28 through February 3,
2009, drawn on Bank of America totaling $161,889.86, which
includes Check Nos. 324111 through 324198 (Accounting period
February 2009), was presented.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 1260 be approved and payment authorized for
claims and demands totaling $161,889.86. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 225, covering claims and demands
presented during the period of January 28 through February 3,
2009, drawn on Bank of America totaling $1,842.97, which
includes Check Nos. 506262 through 506268 (Accounting period
February 2009), was presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Light & Power Warrant Register
No. 225, covering claims and demands totaling $1,842.97, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 225, covering claims and demands presented
during the period of January 28 through February 3, 2009, drawn
on Bank of America totaling $1,029,122.93, which includes Wire
Nos. 4205 through 4211 (Accounting period February 2009), was
presented.
It was moved by Gonzales, seconded by Maisano, that
wire transfers for Light & Power Warrant Register No. 225,
covering claims and demands totaling $1,029,122.93, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Light & Power Warrant Register No. 225, covering
claims and demands presented during the period of January 28
through February 3, 2009, drawn on Bank of America totaling
$16,231.76, which includes Check Nos. 506269 through 506276
(Accounting period February 2009), was presented.
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Regular City Council Minutes
February 9, 2009
It was moved by McCormick, seconded by Gonzales, that
Light & Power Warrant Register No. 225 be approved and payment
authorized for claims and demands totaling $16,231.76. Motion
carried.
Ratification of the issuance of early checks for Gas
Warrant Register No. 16, covering claims and demands presented
during the period of January 28 through February 3, 2009, drawn
on Bank of America totaling $183.42, which includes Check No. 95
(Accounting period February 2009), was presented.
It was moved by Davis, seconded by Maisano, that the
issuance of early checks for Gas Warrant Register No. 16,
covering claims and demands totaling $183.42, be ratified.
Motion carried.
Ratification of wire transfers for Gas Warrant
Register No. 16, covering claims and demands presented during
the period of January 28 through February 3, 2009, drawn on Bank
of America totaling $181,653.94, which includes Wire Nos. 16
through 17. (Accounting period February 2009), was presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Gas Warrant Register No. 16, covering claims
and demands totaling $181,653.94, be ratified. Motion carried.
The City Administrator advised there were no regular
printed checks issued for Gas Warrant Register No. 16.
The City Administrator announced that this was the
time for Conference/Seminar reports from Elected Officials for
the period of February 2 through February 8, 2009.
Councilman Davis reported on his attending the
Independent Cities Association (ICA) 215t Annual Winter
Conference in Santa Barbara on February 5, 2009 - February 7,
2009, and provided details of the sessions he attended:
• Graffiti and the costs associated with its
removal.
• The new technology designed for safety personnel
and communication systems.
• The attendance of the State Controller, John
Chiang, as a speaker.
The Mayor reported on the commendation made by the
Mayor of the City of Covina to its Police Chief for handling
with professionalism the horrific incident that occurred on
Christmas eve of 2008 in which the suspect murdered eight
members of his family and also took his life.
Councilman McCormick reported on the session on new
technology that focused on Police & Fire communication.
processes.
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Regular City Council Minutes
February 9, 2009
Councilman Maisano advised that this was his first
conference as a councilmember and provided details on the
following sessions:
• The impact of graffiti in the community and the
cost associated with its removal.
• The new technology available for Police & Fire
agencies to expedite criminal processes.
• The programpresented by Jim Brown, former NFL
player, that re -introduces ex -convicts and gang
members to society.
The City Administrator announced that this was the
time for Reports from departments.
Gonzales.
The Fire Chief reported on the following:
• His attendance to the Independent Cities
Association Annual Conference and the details of
the session on new technology systems being
offered to Police & Fire Departments.
• Welcomed back Mayor Pro Tem Gonzales.
• The gratitude expressed by his secretary, Luz
Martinez, for allowing her to occupy city
housing.
• The positive comments received from the Insurance
Services Office (ISO) regarding the recent survey
and audit.
The Police Chief reported on the following:
• The City's representation at the funeral service
of Lt. Matthews who recently lost his life in a
head-on collision on the 10 freeway.
• His attendance to the Independent Cities
Association conference and the session on
graffiti activity and costs associated.
The City Treasurer had nothing to report.
The Director of Personnel welcomed back Mayor Pro Tem
The Director of Finance reported on the following:
• The process of switching from B of A Bank to East
West Bank.
• The review of financial statements for the last 6
months.
The Risk Manager reported on the following:
• His and his staff attendance to the Public Agency
Risk Management Association (PARMA) which focused
on being proactive and promoting individual
professional growth to improve the efficiency of
an organization. He also addressed the positive
comments received on the Director of Human
Resources on her presentations of the city.
• The closing of the insurance claims regarding the
Malburg Generating Station (MGS) outage in 2007,
which resulted in an overall good settlement.
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Regular City Council Minutes
February 9, 2009
following:
The Director of Environmental Health reported on the
• Completion of the inspection period of hot
trucks.
• Welcomed back Mayor Pro Tem Gonzales.
The Director of Community Services & Water reported on
the following:
• Welcomed back Mayor Pro Tem Gonzales.
• The Economic Stimulus package funding for street
improvements based on city's population.
• Presented the Metropolitan Transportation
Authority (MTA) proposed transit corridor
alternatives and mentioned that he would need the
City Council's direction on the matter in the
near future.
• Presented pictures from the recent elevated water
tank illumination and details of the process. He
also advised that he would be presenting quotes
on various lighting options in the future.
The Director of Light & Power reported on the
following:
• Welcomed back Mayor Pro Tem Gonzales.
• Commended the Risk Manager for the excellent job
performed in the closing of the insurance claims
settlement regarding the Malburg Generating
Station (MGS) outage in 2007.
• The incident at MGS involving a steam valve of a
steam turbine resulting in the shutting down of
the units over the weekend and the purchase of
power attributed to the incident.
• The scheduled meeting with Bicent to be held
today to address pending matters..
• The negotiations regarding the refinancing of the
Prepaid Gas Bonds.
• The annual inspection of electrical vaults and
the details of the findings.
The Director of Human Resources reported the details
of her meetings with various insurance underwriters and the
anticipation of receiving multiple bids on the matter.
The City Administrator distributed the following:
• Reminder of the lunch on February 12, 2009 hosted
by !iT Jeans.
• Business card proofs to the City Council for
their approval.
The Mayor called a short recess at 11:19 a.m.
The City Council reconvened in regular session at
11:25 a.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 Gonzales, seconded by Davis, that the
City Council go into closed session, the time being 11:25 a.m.
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Regular City Council Minutes
February 9, 2009
Everyone was excluded from closed session, with the
exception of the City Administrator, City Attorney, Director of
Human Resources, Risk Manager, Director of Personnel, and the
Chief of Police.
The Chief of Police was excused from closed session at
11:33 a.m.
The Director of Personnel was excused from closed
session at 11:38 a.m.
It was moved by McCormick, seconded by Davis to go out
of closed session at 12:35 p.m. Motion carried.
It was reported out that the City Council had a
conference in closed session regarding two Employee
Discipline/Dismissal/Release matters pursuant to Government Code
Section 54957, and the recommendations of the Chief of Police
with regard to said matters were approved.
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, for the
following employees:
1. Crystal Figueroa, Administrative Assistant, for the
period of February 2008 through February 2009.
2. Hannes Swart, Utilityman IV, for the period of March
2008 through February 2009.
3. Jason Tomlinson, Utilityman II, for the period of
January 2008 through January 2009.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding the
following existing litigation case pursuant to subdivision (a)
of Government Code Section 54956.9 and no action was taken on
the following case:
1. Marin, et al. v. Vernon, LASC No. VC 052176
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 on any
of the matters.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Gonzales, that the meeting be adjourned, the time being 12:35
p.m. Motion carried.
ATTEST:
Manuela Giron
City Clerk
'Nam: Leonis s f 1, Mal b,irg
Title: Mayor
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