20090309 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MONDAY, MARCH 9, 2009, AT 10:02 A.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, McCormick, Maisano
MEMBERS ABSENT: Davis
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 Gonzales, and seconded by McCormick,
that the Minutes of the Regular City Council Meeting held
February 23, 2009, be approved and adopted as submitted. Motion
carried.
The City Administrator announced that this was the
time for the Mayor to present a check for playground equipment
matching fund drive to the Vernon Elementary School.
The Mayor presented a check in the amount of
$30,580.00 to the Principal of the Vernon Elementary School, Mr.
Martin Sandoval, his staff, and a representative from the School
Board. Mr. Sandoval invited the attendees and the City Council
to the ground breaking ceremony of the kindergarten playground
which will occur soon.
The City Administrator announced that this was the
time to present Proclamations of the Mayor and the City Council
of the City of Vernon Commending and Honoring Companies in
Recognition of their Investment in the Vernon Community.
The Mayor presented Proclamations of the Mayor and the
City Council of the City of Vernon Commending and Honoring the
Companies in Recognition of their Investment in the Vernon
Community, to those company representatives who were present:
1. Reynaldo's Mexican Food Company, LLC (not present)
2. Rich and Skinny, Inc
3. Amcor Industries, Inc. dba Gorilla Automotive
Products
4. Real Mex Foods, Inc.
The City Administrator announced that this was the
time to present the Service Pins.
The Mayor presented and pinned a Service Pin on Mayor
Pro Tem Hilario Gonzales and congratulated him on his 35 years
of service with the City.
The Mayor presented Service Pins to the following
employees and congratulated them on behalf of the entire City
Council:
Names
Job Title
Years
Sharon Duckworth
City Treasurer
30 Years
Alberto Oliva
Utilityman IV
5 Years
Regular City Council Meeting Minutes
March 9, 2009
The City Administrator announced that this was the
time 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
Building Department
1. Building Permit Report for the month of February 2009, to
be received and filed.
City Treasurer's Department
2. Ratification of the following warrant registers to record
the following voided checks:
a. Warrant Register No. 1261 to record:
• Voided Check No. 324228 in the amount of $2,043.00
issued to County Clerk, County of L.A. on February
10, 2009.
• Voided Check No. 324359 in the amount of $14,143.25
issued to Krishna Nand on February 23, 2009.
• Voided Check No. 324384 in the amount of $3,750.25
issued to Pat Fresch on February 23, 2009.
b. Light & Power Warrant Register No. 226 to record:
• Voided Check No. 506304 in the amount of $260.00
issued to Jack Megorden on February 23_, 2009.
• Voided Check No. 506305 in the amount of $4,160.00
issued to Kimberly McBride on February 23, 2009.
c. Gas Warrant Register No. 17 to record:
• Voided Check No. 101 in the amount of $7,410.00
issued to Dan Christensen on February 23, 2009.
• Voided Check No. 106 in the amount of $3,250.00
issued to Pat Fresch on February 23, 2009.
3. 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
February 18 through March 3, 2009, drawn on The Bank of New York
Mellon Corporation totaling $49,131.24, which includes
Requisition Nos. LPCP550 through LPCP552.
4. 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 February 4
through March 3, 2009, drawn on The Bank of New York Mellon
Corporation totaling $1,809,093.14, which includes Requisition
No. BCP003.
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March 9, 2009
Fire Department
5. Fire Department Activity Report for the period of February
16, 2009 through February 28, 2009, to be received and filed.
Health & Environmental Control Department
6. Health & Environmental Control Department Report for the
month of January 2009, to be received and filed.
Personnel Department
7. Granting of merit step increases to the following employees
as specified:
a. Gabriel Aldrete, Utilityman III, from step 5 to step 4,
effective 3/29/09.
b. Leonardo Diaz, Vernon Services Officer, from step 8 to
step 7, effective 3/15/09.
c. Todd Duesenberry, Systems Coordinator I, from step 4 to
step 3, effective 3/15/09.
d. Jorrie Estrada, Systems Coordinator I, from step 4 to
step 3, effective 3/15/09.
e.Scott Rigg, Public Works & Water Superintendent, from
step 2 to step 1, effective 3/15/09.
f. Victor Modesto, Utilityman I, from step 3 to step 2,
effective 3/15/09.
8. Reclassification of Ana Swinford from Administrative
Assistant, step 1 to Dispatcher, step 1, effective 3/15/09.
Police Department
9. Police Department Activity Report for the period of
February 16, 2009 through February 28, 2009.
End of Consent Calendar
It was moved by Gonzales, seconded by McCormick, that
the matters on the consent calendar be approved as recommended.
Motion carried.
Discussion to determine the attendance of City
Officials and City Consultant to the "California Contract Cities
Association 50th Annual Municipal Seminar" in Indian Wells,
California on May 14-17, 2009, was conducted.
Councilman Gonzales advised that the period should be
May 13-17, 2009.
Discussion to determine the attendance of City
Officials and City Consultant to the "6th Renewable Energy
Finance Forum -Wall Street" in New York City, New York on June
23-24, 2009, was conducted.
Councilman McCormick advised that the period should be
June 22-25, 2009.
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March 9, 2009
RESOLUTION NO. 9873 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit to Waste
Management Health Care Solutions for the Operation of a Medical
Waste Transfer Station and Treatment Facility at 4280 Bandini
Boulevard in the City of Vernon; Making Certain Findings
Relative to the Proposed Project; and Approving and Adopting a
Negative Declaration for the Proposed Project, was read by
title.
Mayor Pro Tem Gonzales advised.that the study had to
be corrected to reflect the name of the City of Vernon and
remove the City of Commerce from it.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9873 be approved and adopted. Motion carried.
RESOLUTION NO. 9874 - A Resolution of the City Council
of the City of Vernon, California Amending the Ballot Question
Relating to Whether an Amendment to the City Charter of the City
of Vernon Should be Adopted at the Special Municipal Election to
be Held on June 2, 2009, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9874 be approved and adopted. Motion carried.
RESOLUTION NO. 9877 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the City's
Sponsorship of the TELACU Education Foundation 26th Annual
"Building the Dream" Scholarship Awards Dinner, was read by
title.
It was moved by Gonzales, seconded by Maisano, that
Resolution No. 9877 be approved and adopted. Motion carried.
RESOLUTION NO. 9878 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Cobra Administrative Services Agreement By and Between the
City of Vernon and Igoe & Company Incorporated dba Igoe
Administrative Services, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9878 be approved and adopted. Motion carried.
RESOLUTION NO. 9879 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement By and Between the City of Vernon and
Standard & Poor's Ratings Services, was read by title.
It was moved by Gonzales, seconded by Maisano, that
Resolution No. 9879 be approved and adopted. Motion carried.
RESOLUTION NO. 9880 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Long Beach BMW
Motorcycles on Bid No. 1459 for the Purchase of Two 2009 BMW
Black and White Police Patrol Motorcycles for the Police
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 Maisano, that
Resolution No. 9880 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
March 9, 2009
RESOLUTION NO. 9881 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Procurement
of Pollution Legal Liability Insurance from Great American
Insurance Group Through Arthur J. Gallagher & Co., was read by
title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9881 be approved and adopted. Motion carried.
RESOLUTION NO. 9882 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Property Management Agreement By and Between the City of
Vernon and ReNu Resources, LLC Regarding Property in Kern
County, was read by title.
It was moved by Gonzales, seconded by Maisano, that
Resolution No. 9882 be approved and adopted. Motion carried.
RESOLUTION NO. 9883 - A Resolution of the City Council
of the City of Vernon Appointing the City's Representative to
the LA-RICS Authority, a Joint Powers Agency, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9883 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1262, covering claims and demands presented
during the period of February 18 through March 3, 2009, drawn on
Bank of America totaling $1,020,855.89, which includes Check
Nos. 324432 through 324490. (Accounting period March 2009), was
presented.
It was moved by Gonzales, seconded by Maisano, that
the issuance of early checks for Warrant Register No. 1262,
covering claims and demands totaling $1,020,855.89, be ratified.
Motion carried.
Ratification of wire transfers for Warrant Register
No. 1262, covering claims and demands presented during the
period of February 18 through March 3, 2009, drawn on Bank of
America totaling $151,975.61, which includes Wire Nos. 304
through 309 (Accounting period March 2009), was presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Warrant Register No. 1262, covering claims
and demands totaling $151,975.61, be ratified. Motion carried.
Warrant Register No. 1262, covering claims and demands
presented during the period of February 18 through March 3,
2009, drawn on Bank of America totaling $312,832.09, which
includes Check Nos. 324491 through 324613 (Accounting period
March 2009), was presented.
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1262 be approved and payment authorized for
claims and demands totaling $312,832.09. Motion carried.
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March 9, 2009
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 227, covering claims and demands
presented during the period of February 18 through March 3,
2009, drawn on Bank of America totaling $8,321.64, which
includes Check Nos. 506327 through 506340 (Accounting period
March 2009), was presented.
It was moved by Maisano, seconded by Gonzales, that
the issuance of early checks for Light & Power Warrant Register
No. 227, covering claims and demands totaling $8,321.64, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 227, covering claims and demands presented
during the period of February 18 through March 3, 2009, drawn on
Bank of America totaling $3,058,087.54, which includes Wire Nos..
4218 through 4236 (Accounting period March 2009), was presented.
It was moved by McCormick, seconded by Maisano, that
wire transfers for Light & Power Warrant Register No. 227,
covering claims and demands totaling $3,058,087.54, be ratified.
Motion carried.
Light & Power Warrant Register No. 227, covering
claims and demands presented during the period of February 18
through March 3, 2009, drawn on Bank of America totaling
$46,048.03, which includes Check Nos. 506341 through 506356
(Accounting period March 2009), was presented.
It was moved by Gonzales, seconded by McCormick, that
Light & Power Warrant Register No. 227 be approved and payment
authorized for claims and demands totaling $46,048.03. Motion
carried.
Ratification of the issuance of early checks for Gas
Warrant Register No. 18, covering claims and demands presented
during the period of February 18 through March 3, 2009, drawn on
Bank of America totaling $10,837.73, which includes Check Nos.
108 through 111 (Accounting period March 2009), was presented.
It was moved by Maisano, seconded by Gonzales, that
the issuance of early checks for Gas Warrant Register No. 18,
covering claims and demands totaling $10,837.73, be ratified.
Motion carried.
Ratification of wire transfers for Gas Warrant
Register No. 18, covering claims and demands presented during
the period of February 18 through March 3, 2009, drawn on Bank
of America totaling $3,220,106.59, which includes Wire No. 19
(Accounting period March 2009), was presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Gas Warrant Register No. 18, covering claims
and demands totaling $3,220,106.59, be ratified. Motion
carried.
Gas Warrant Register No. 18, covering claims and
demands presented during the period of February 18 through March
3, 2009, drawn on Bank of America totaling $26,188.19, which
includes Check Nos. 112 through 118 (Accounting period March
2009), was presented.
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March 9, 2009
It was moved by Maisano, seconded by Gonzales, that
Gas Warrant Register No. 18 be approved and payment authorized
for claims and demands totaling $26,188.19. Motion carried.
The City Administrator announced that this was the
time for Conference/Seminar reports from Elected Officials for
the period of February 23 through March 8, 2009.
Councilman Gonzales reported that he, Councilman
Maisano, Councilman McCormick, Councilman Davis, and City
Consultant Curtis Fresch attended the Annual Food Expo last week
in Tokyo. He also provided comments on the tour taken at the
Mitsubishi Plant, manufacturer of wind turbines, while in Tokyo.
Councilman McCormick reported that businesses from 59
countries were represented at the Food Expo and provided details
of the Mitsubishi Tour regarding the Wind Turbine assembly
process and the anticipated demand by Mitsubishi due to the
United States mandated renewable energy.
Councilman Maisano reported on his first overseas
trip, as a Councilman, and provided comments on Mitsubishi's
professionalism and its recognized evolution in technology since
1980.
The City Administrator announced that this was the
time for Reports from departments.
The Fire Chief reported on the following:
• Apologized for missing the Police & Fire meeting
earlier this morning.
• His recent meetings to obtain insights on various
specialty areas regarding the City's Paramedic Program
to be implemented June 19, 2009.
• The Fire Stations would continue to provide cleaning
services of the stations as they have in the past, but
that he would present an agreement to the City Council
in the near future for janitorial services for the
temporary trailer that Fire Administration is
utilizing at Fire Station #1.
• The meeting to take place tomorrow with WLC on the
design of Fire Station #4.
• The requests received from surrounding communities to
conduct more "show and tell" appearances.
• Details of the significant traffic accident that
occurred over the weekend on Alameda Street, near 38th
Street.
• His attendance to the Huntington Park and Vernon
Chamber of Commerce installation ceremonies.
• The distribution of Councilman Maisano's picture to
those departments who had requested one.
• Congratulated Mayor Pro Tem Gonzales for his 35 years
of service and Councilman McCormick for his birthday.
The Police Chief congratulated Mayor Pro Tem Gonzales
for his 35 years of service and Councilman McCormick for his
birthday.
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March 9, 2009
The City Treasurer congratulated Mayor Pro Tem
Gonzales for his 35 years of service.
The Director of Personnel congratulated Mayor Pro
Tem Gonzales for his 35 years of service and Councilman
McCormick for his birthday.
The Director of Finance reported on the following:
• The preparation of financial statements as part
of the bond refinancing presentation.
• Congratulated Mayor Pro Tem Gonzales for his 35
years of service and Councilman McCormick for his
birthday.
The Risk Manager reported on the following:
• His attendance to the Huntington Park Chamber of
Commerce installation ceremony and his comments
on the stock market.
• Congratulated Mayor Pro Tem Gonzales on his 35
years of service and Councilman McCormick for his
birthday.
The City Clerk congratulated Mayor Pro Tem Gonzales on
his 35 years of service and Councilman McCormick for his belated
birthday.
following:
The Director of Environmental Health reported on the
• The results of the recent evaluation of the
City's Haz Mat Program and the recommendation for
the City to adopt a more stringent enforcement
policy.
• The current review of health permit fees and his
recommendation to be brought forward in the near
future.
• Congratulated Mayor Pro Tem Gonzales on his 35
years of service and Councilman McCormick for his
belated birthday.
The Director of Community Services & Water reported on
the following:
• Distributed a print out of the presentation of a
few weeks ago of the Metropolitan Transportation
Authority (MTA)on the proposed transit line, his
thoughts on the difference between "light and
heavy" rail systems, and his support towards the
"light" rail system.
• The current city's graffiti removal process
policy, which consists of the removal of graffiti
visible from the right-of-way only, and sought
the City Council's direction on how to address
the graffiti issue.
The Police Chief offered to work with Community
Services on the matter.
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March 9, 2009
following:
following:
• The Director of Community Services stated that
the cost for the elevated water tank illumination
project has been estimated at $100,000.00.
• Congratulated Mayor Pro Tem Gonzales on his 35
years of service and Councilman McCormick for his
birthday.
The Director of Light & Power reported on the
• The completion of the Petrelli Agreement.
• Commended the entire City Council for their
interest expressed on renewable energy.
• The pre -paid gas issue and the City's attempt to
sell it to another municipality.
• The various tests to be performed at the Malburg
Generating Station (MGS) starting tomorrow.
• The search for competitive utility rates to pass
the savings to the City's customers.
• Congratulated Mayor Pro Tem Gonzales on his 35
years of service and Councilman McCormick on his
birthday.
The Director of Human Resources reported on the
• Distributed to all City Council a draft of a
proposed resolution amending all City employee
policies.
• The Police Department's manual.
• Congratulated Mayor Pro Tem on his 35 years of
service and Councilman McCormick on his birthday.
The Mayor called a short recess at 11:59 a.m.
The City Council reconvened in regular session at
12:10 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 Gonzales, seconded by McCormick, that
the City Council go into closed session, the time being 12:10
p.m.
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
12:25 p.m.
The Director of Personnel was excused from closed
session at 12:27 p.m.
The Director of Light & Power was called into closed
session at 1:05 p.m.
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March 9, 2009
The Director of Light & Power, Director of Human
Resources, Risk Manager, and the City Attorney were excused from
closed session at 1:12 p.m.
It was moved by Gonzales, seconded by McCormick to go
out of closed session at 2:00 p.m. Motion carried.
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.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding one
potential case of litigation pursuant to subdivision (c) of
Government Code Section 54956.9, and authority was granted to
initiate litigation.
It was reported out that the City Council had a
conference in closed session regarding one Employee
Discipline/Dismissal/Release matter pursuant to Government Code
Section 54957, and the recommendation of the Chief of Police
with regard to said matter was approved.
It was reported out that the City Council had a
conference in closed session regarding one Employee Appointment
matter pursuant to Government Code Section 54957, and no action
was taken.
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. The
evaluation for Krystal Medina, Administrative Assistant, step
10, for the period of 12/10/07 through 3/2/09 was reviewed, and
the evaluations for the City Administrator and Director of Light
& Power were deferred.
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 2:00
p.m. Motion carried.
ATTEST:
/
M nuela Giron
City Clerk
e. Leonis� C. Mal urg
Title: Mayor
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