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20080407 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 7, 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 MEMBERS ABSENT: McCormick 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 Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held March 17, 2008, be approved and adopted as submitted. Motion carried. It was moved by Gonzales, seconded by Davis, that the Minutes of the Special City Council Meeting held March 24, 2008, be approved and adopted as submitted. Motion carried. The City Administrator announced that now was the time to present the Service Pins. The Mayor presented a Service Pin to Gabriel A. Aldrete and extended congratulations to him on behalf of the City Council for his 5 years of service with the City. The following employees were unable to attend the meeting and their Service Pins were forwarded to them. 1. Phillip M. Swinford Police Officer 10 Years 2. Paul Cerda, Jr. Police Officer 10 Years A Proclamation of the Mayor and the City Council of the City of Vernon Declaring April 13-19, 2008, as "The Week of the Young Child," was read by title. It was moved by Gonzales, seconded by Ybarra, that the aforementioned proclamation be approved. Motion carried. The City Administrator announced that now was time for anyone in the audience who wished 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. Ms. Marisela Cervantes, Executive Director of the Southeast Cities Schools Coalition, introduced herself and thanked the City Council for taking the time to proclaim the "Week of the Young Child." Ms. Nora Almaguer with Los Angeles Universal Preschool also thanked the City Council for supporting "The Week of the Young Child." Regular City Council Meeting Minutes April 7, 2008 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. 1146 - 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 Davis, seconded by Gonzales, that Ordinance No. 1146 be approved for a first reading. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis Noes: None Absent: McCormick Abstained: None 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 2007-2008. It was moved by Gonzales, seconded by Ybarra, to open the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2007-2008, the time being 10:14 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 City Administrator advised that the proposed budget amendment reflected the changes being made in connection with the re -organization of the Finance, Personnel, and Risk Management Departments, and the addition of the Human Resources Department. The Mayor asked if there was anyone else in the audience 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 Davis, seconded by Ybarra, to close the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2007-2008, the time being 10:15 a.m. Motion carried. RESOLUTION NO. 9580 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9341, which Approved a Budget for the Fiscal Year 2007-2008, to Reflect Changes, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9580 be approved and adopted. Motion carried. Page 2 of 11 Regular City Council Meeting Minutes April 7, 2008 The City Administrator announced that this was the time to open the public hearing regarding the proposed demolition of City -owned buildings and structures located at 2200 55th Street and 2001 57th Street. It was moved by Gonzales, seconded by Davis, to open the public hearing regarding the proposed demolition of City - owned buildings and structures located at 2200 55th Street and 2001 57th Street, 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. The Director of Community Services & Water gave a slide presentation regarding the proposed demolition, summarized the bid responses received for Contract No. 612, and recommended that the contract and a Negative Declaration be approved. The Mayor asked if there was anyone else in the audience 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 Ybarra, seconded by Davis, to close the public hearing regarding the proposed demolition of City - owned buildings and structures located at 2200 55th Street and 2001 57th Street, the time being 10:21 a.m. Motion carried. RESOLUTION NO. 9584 - A Resolution of the City Council of the City of Vernon Approving Contract No. 612, Demolition of City Owned Buildings and Structures Located at 2200 55th Street and 2001 57th Street; Accepting the Bid of American Wrecking, Inc. for the Demolition of City Owned Buildings and Structures in Accordance with Contract No. 612 of the City of Vernon and Approving the Execution of said Contract; Making Certain Findings Relative to the Proposed Project; and Approving and Adopting a Negative Declaration for the Proposed Project, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9584 be approved and adopted. Motion carried. The City Administrator announced that this was the time to open the public hearing regarding the proposed issuance by the California Municipal Finance Authority of its revenue bonds in one or more series in an amount not to exceed $10,000,000. It was moved by Davis, seconded by Gonzales, to open the public hearing regarding the proposed issuance by the California Municipal Finance Authority of its revenue bonds in one or more series in an amount not to exceed $10,000,000, the time being 10:22 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 City Attorney reminded the City Council that the City would not be liable for any of the funds for the proposed bond issue. Page 3 of 11 Regular City Council Meeting Minutes April 7, 2008 The Mayor asked if there was anyone else in the audience 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 Ybarra, to close the public hearing regarding the proposed issuance by the California Municipal Finance Authority of its revenue bonds in one or more series in an amount not to exceed $10,000,000, the time being 10:24 a.m. Motion carried. RESOLUTION NO. 9590 - A Resolution of the City Council of the City of Vernon Approving the Issuance of the California Municipal Finance Authority Tax -Exempt Industrial Development Revenue Bonds (Vernon B, LLC Project), Series 2008 in an Aggregate Principal Amount not to Exceed $10,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Rehabilitation, Improving and Equipping of a Food Processing and Manufacturing Facility and Certain Other Matters Relating Thereto, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9590 be approved and adopted. Motion carried. The Consent Calendar was presented. CONSENT CALENDAR City Attorney's Department 1. Request for authorization and funds for all City Councilmembers and Department Representatives to attend the "General Membership Meeting of the Independent Cities Association" to be held in Compton, California on April 10, 2008. City Clerk's Department 2. Request for authorization for all City Councilmembers to attend the "Annual Legislative Appreciation Dinner" to be held in Sacramento, California on April 29, 2008, and authorization of the appropriate funds related to attendance, lodging, and traveling expenses for this event. City Treasurer's Department 3. Ratification of Warrant Register No. 1227 to record voided Check No. 317809 in the amount of $440.00 issued to Northpark HOA on October 2, 2007. 4. Ratification of Warrant Register No. 1228 to record voided Check No. 317951 in the amount of $1,447.00 issued to Rudy Valdez on October 11, 2007. 5. 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 March 8 through March 21, 2008, drawn on The Bank of New York Mellon Corporation totaling $2,149,699.42, which includes Requisition Nos. LCD290 through LCD308. Page 4 of 11 Regular City Council Meeting Minutes April 7, 2008 6. Ratification of City of Vernon Requisitions from the Remediation Proceeds Fund Custody Escrow Account No. 800460 covering claims and demands presented during the period of March 8 through March 21, 2008, drawn on The Bank of New York Mellon Corporation totaling $414,115.00, which includes Requisition Nos. RPF012 through RPF013. Community Services & Water Department 7. Request for authorization and funds for personnel to attend the following: • "Carlson College SurvCE Course" Fire Department 8. Fire Department Activity Report for the period of March 13 through April 2, 2008, to be received and filed. Health Department 9. Request for authorization and funds for personnel to attend the following: • "Environmental Public Health in California Conference" Light & Power Department 10. Request for authorization for one City consultant to attend the "Annual Legislative Appreciation Dinner" to be held in Sacramento, California on April 29, 2008, and authorization of the appropriate funds related to attendance, lodging, and traveling expenses for this event. 11. Resource Procurement Final Report for the month of October 2007, to be received and filed. Police Department 12. Request for authorization and funds for personnel to attend the following: • "Beginning Excel Class" • "Intermediate Excel Class" 13. Police Department Activity Log for the period of March 13 through March 31, 2008, to be received and filed. End of Consent Calendar It was moved by Ybarra, seconded by Gonzales, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request from the Director of Light & Power for authorization to provide new gas service connection to the City of Vernon Gas Distribution System for the following_customers at the stated amounts, was presented. 1. Owens Illinois $95,081.64 2. Darling International $47,672.78 Page 5 of 11 Regular City Council Meeting Minutes April 7, 2008 It was moved by Gonzales, seconded by Davis, to authorize the Director of Light & Power to provide new gas service connection to the City of Vernon Gas Distribution System for the aforementioned customers at the stated amounts. Motion carried. Request from the Director of Light & Power for authorization to issue a rebate to Baker Commodities in the amount of $27,663.53 in connection to the retrofitting of their office and plant area, was presented. - It was moved by Ybarra, seconded by Gonzales, to authorize the Director of Light & Power to issue a rebate to Baker Commodities in the amount of $27,663.53 in connection to the retrofitting of their office and plant area. Motion carried. Request from the Director of Community Services & Water for approval of and authorization to execute the following change orders at the stated amounts, was presented. 1.Change Order No. One to the contract with PIC Environmental Services in the not to exceed amount of $35,000.00 for additional oversight, sampling, and planning services in connection with the environmental cleanup of contaminated soil at 5119 District Boulevard for Contract No. 602. 2. Change Order No. One to the contract with General Pump Company in the amount of $36,370.82 for Well No. 9 pump testing, downwell flow profiling, and depth sampling. It was moved by Gonzales, seconded by Davis, to approve the aforementioned change orders at the stated amounts and to authorize the Director of Community Services & Water to execute said change orders. Motion carried. RESOLUTION NO. 9581 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9362 by Adding Schedules XXII and XXIII, Exhibit V and W, to Said Resolution and Amending Salary Schedule Nos. VI, X, XI, XII, and XIII Regarding the Compensation, Costs and Benefits of its Employees, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9581 be approved and adopted. Motion carried. RESOLUTION NO. 9582 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Employment Agreement By and Between the City of Vernon and Avigal Horrow, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9582 be approved and adopted. Motion carried. RESOLUTION NO. 9583 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Five to Consulting Agreement By and Between the City of Vernon, Joseph E. Furnish and Lake Street Associates, Inc., was read by title. Page 6 of 11 Regular City Council Meeting Minutes April 7, 2008 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9583 be approved and adopted. Motion carried. RESOLUTION NO. 9585 - 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 Gonzales, seconded by Davis, that Resolution No. 9585 be approved and adopted. Motion carried. RESOLUTION NO. 9586 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8365 Regarding the Public Benefits Resource Committee of the City of Vernon, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9586 be approved and adopted. Motion carried. RESOLUTION NO. 9587 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Administrative Services Agreement with Igoe & Company Incorporated, dba Igoe Administrative Services, Regarding the City's Flexible Benefit Plan, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9587 be approved and adopted. Motion carried. RESOLUTION NO. 9588 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Subscriber Agreement By and Between the City of Vernon and Thomson West for Westlaw and West LegalEdcenter Databases, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9588 be approved and adopted. Motion carried. RESOLUTION NO. 9589 - A Resolution of the City Council of the City of Vernon Approving Amendment No. 7 to Joint Powers Agreement with the. Independent Cities Lease Finance Authority and Providing Other Matters Properly Related Thereto, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9589 be approved and adopted. Motion carried. RESOLUTION NO. 9591 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Grant Application Under the California Beverage Container Recycling and Litter Reduction Act to the Department of Conservation's Division of Recycling, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9591 be approved and adopted. Motion carried. RESOLUTION NO. 9592 - 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. Page 7 of 11 Regular City Council Meeting Minutes April 7, 2008 It was moved by Gonzales, seconded by Davis, that Resolution No. 9592 be approved and adopted. Motion carried. RESOLUTION NO. 9593 - A Resolution of the City Council of the City of Vernon Amending and Restating Resolution No. 9578 Directing, Approving and Authorizing Certain Actions by the Vernon National Gas Financing Authority Relating to 2006 Series A, B and C Bonds, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9593 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1238, covering claims and demands presented during the period of March 13 through April 2, 2008, drawn on Bank of America totaling $354,283.76, which includes Check Nos. 319887 through 319959, excluding Void Check No. 319912 (Accounting period April 2008), was presented. It was moved by Ybarra, seconded by Gonzales, that the issuance of early checks for Warrant Register No. 1238, covering claims and demands totaling $354,283.76, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Warrant Register No. 1238, covering claims and demands presented during the period of March 13 through April 2, 2008, drawn on Bank of America totaling $1,671,453.82, which includes Wire No. 274 (Accounting period April 2008), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1238, covering claims and demands totaling $1,671,453.82, be ratified. Motion carried. Warrant Register No. 1238, covering claims and demands presented during the period of March 13 through April 2, 2008, drawn on Bank of America totaling $589,385.85, which includes Check Nos. 319960 through 320167 (Accounting period April 2008), was presented. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1238 be approved and payment authorized for claims and demands totaling $589,385.85. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 203, covering claims and demands presented during the period of March 13 through April 2, 2008, drawn on Bank of America totaling $39,710.31, which includes Check Nos. 505363 through 505381 (Accounting period April 2008), was presented. It was moved by Gonzales, seconded by Ybarra, that the issuance of early checks for Light & Power Warrant Register No. 203, covering claims and demands totaling $39,710.31, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Page 8 of 11 Regular City Council Meeting Minutes April 7, 2008 Ratification of wire transfers for Light & Power Warrant Register No. 203, covering claims and demands presented during the period of March 13 through April 2', 2008, drawn on Bank of America totaling $5,558,100.48, which includes Wire Nos. 3899 through 3921 (Accounting period April 2008), was presented. It was moved by Ybarra, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 203, covering claims and demands totaling $5,558,100.48, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Light & Power Warrant Register No. 203, covering claims and demands presented during the period of March 13 through April 2, 2008, drawn on Bank of America totaling $110,699.57, which includes Check Nos. 505382 through 505404 (Accounting period April 2008), was presented. It was moved by Gonzales, seconded by Davis, that Light & Power Warrant Register No. 203 be approved and payment authorized for claims and demands totaling $110,699.57. Motion carried. The City Administrator announced that now was the time for elected officials to report on conferences/seminars attended during the period of March 17 through April 6, 2008. Elected officials did not attend any conferences/seminars during the period of March 17 through April 6, 2008. The City Administrator announced that now was the time for reports from departments. The Fire Chief, Police Captain, City Treasurer, Director of Personnel, Finance Director, Director of Community Services & Water, Director of Light & Power, City Attorney, and City Clerk individually wished the Mayor a belated "Happy Birthday." The Fire Chief reported on the department's participation in the Job Fair on Alameda Street in the City of Los Angeles. He also reminded everyone that the Blood Drive would take place on Tuesday, April 8, 2008, at Fire Station No. 2, from 8:00 a.m. to 1:00 p.m. Councilman Davis asked if the blood is screened prior to donation. The Fire Chief advised that thorough screening is enforced to ensure safe and proper blood donations. The Finance Director advised that the City would be receiving the funds from the assets sale later that same week. The Director of Community Services & Water reported on the following: 1. Demolition Project at 5119 District Boulevard a.Crushing operations would begin soon b.Would seek bids for the remediation of the contaminated soil in the area where an Page 9 of 11 Regular City Council Meeting Minutes April 7, 2008 following: underground storage tank had been removed 2. Discovery of asbestos materials at the former Smurfit -Stone Plant a.Department's attempts to retain the services of a firm to develop an asbestos abatement plan and perform asbestos abatement monitoring 3.26th Street Bridge Project a.Various change orders to be issued, including one for the evaluation of the concrete on Atlantic Boulevard 4.Flickering light problem in the Council Chambers a.Installed a soft start device, which improved the situation The Director of Light & Power reported on the 1. Malburg Generating Station was running well 2. Monies from the assets sale expected later that week 3. Increased gas and power costs a.Advantages of pre -paid gas contracts b.Gas cost comparisons to other agencies 4. Legislature was currently working on banning the sale of metallic balloons because of the damage they cause to power lines 5. Potential to increase generated power to 400 MW to take on new customers The City Attorney expressed his gratitude to the Police Department, specifically the Chief of Police and Officer Docherty, for allowing him to participate in the Firearms Training Simulator. He recommended that his colleagues take advantage of the same opportunity. The Mayor called a short recess at 11:00 a.m. The City Council reconvened in regular session at 11:09 a.m., all members present before the recess again being present. The City Administrator announced that now 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 11:09 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Director of Personnel, City Administrator, City Attorney, and members of the City Attorney's office. The Mayor ordered all communications to and from closed session deemed privileged and confidential. The Director of Personnel was excused from closed session at 11:16 a.m. It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 11:35 a.m. Motion carried. Page 10 of 11 Regular City Council Meeting Minutes April 7, 2008 It was reported out that the City Council had a conference in closed session regarding three Employee Discipline/Dismissal/Release matters pursuant to Government Code Section 54957 and the following matters were approved: 1. One Police Department disciplinary action. 2. One City Attorney Department dismissal, with a severance package. 3. One Risk Management Department dismissal. The City Council did not hold a conference in closed session regarding the Public Employment matter listed on the agenda. 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 case. 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 direction was given to the City Attorney's Office to deny all three claims. There being no further business to come before the City Council at this time, it was moved by Gonzales, seconded by Davis, that the meeting be adjourned, the time being 11:35 a.m. Motion carried. ATTEST: Man-dela Giron City Clerk Y am�� Leonis C.<Malburg Title: Mayor Page 11 of 11