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20080602 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 2, 2008, AT 10:13 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Davis, McCormick MEMBERS ABSENT: Ybarra 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, seconded by Davis, that the Minutes of the Regular City Council Meeting held May 19, 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 Service Pins to the following employees who were in attendance and extended congratulations to them on behalf of the City Council for their years of service with the City. 1. David Lazar Assistant Fire Chief 20 Years 2. Steven Ruffoni Fire Captain 20 Years 3. Curtis Kirkland Senior Electronics Technician 20 Years 4. Jose Reyna Police Officer 5 Years Fire Captain David Moore was unable to attend the meeting and his Service Pin for his 20 years of service with the City was forwarded to him. The City Administrator announced that this 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. There was no one who wished to address the City Council at this time. ORDINANCE NO. 1147 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Adding a New Article XII to Chapter 24 Relating to Placards Used to Denote Conditions Relating to Continued Occupancy of Buildings and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1147 be approved for a first reading. Motion carried. Ayes: Malburg, Gonzales, Davis, McCormick Noes: None Absent: Ybarra Abstained: None' Regular City Council Meeting Minutes June 2, 2008 The City Administrator announced that this was the time to open the public hearing to consider the termination of the Non -Exclusive Franchise for Solid Waste Management Services Agreement with Consolidated Disposal Service, LLC. It was moved by Gonzales, seconded by McCormick, to open the public hearing to consider the termination of the Non - Exclusive Franchise for Solid Waste Management Services Agreement with Consolidated Disposal Service, LLC, the time being 10:19 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 Environmental Health summarized the details related to the proposed termination of the Non -Exclusive Franchise for Solid Waste Management Services Agreement with Consolidated Disposal Service, LLC. The Mayor asked if there was anyone else 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 McCormick, seconded by Davis, to close the public hearing to consider the termination of the Non - Exclusive Franchise for Solid Waste Management Services Agreement with Consolidated Disposal Service, LLC, the time being 10:20 a.m. Motion carried. RESOLUTION NO. 9625 - A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to Consolidated Disposal Service, Inc. by the City of Vernon Pursuant to Resolution No. 7664, as Assigned by Resolution No. 9532, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9625 be approved and adopted. Motion carried. The Consent Calendar was presented. CONSENT CALENDAR City Treasurer's Department 1. Ratification of City of Vernon Requisitions from the Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of April 17 through May 28, 2008, drawn on The Bank of New York Mellon Corporation totaling $3,903,071.71, which includes Requisition No. CE336. 2. 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 May 8 through May 28, 2008, drawn on The Bank of New York Mellon Corporation totaling $623,580.16, which includes Requisition Nos. LCD354 through LCD368. Page 2 of 9 Regular City Council Meeting Minutes June 2, 2008 Fire Department 3. Fire Department Activity Report for the period of May 15 through May 28, 2008, to be received and filed. Police Department 4. Request for authorization and funds for personnel to attend the following: • "Rapid Deployment Course" (7) • "Leadership & Accountability Workshop" (2) 5. Police Department Activity Log for the period of May 15 through May 28, 2008, to be received and filed. 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. Request from the Director of Community Services & Water for approval of and authorization to execute the following documents, was presented. 1.Change Order No. One to the contract with Keystone Archway Construction in the amount of $129,030.00 to remodel the City -owned house located at 4322 Furlong Place. 2. Maintenance Agreement with AIRGAS Fire Protection for the annual inspection of the FM200 Fire Suppression Systems at various locations throughout City Hall and at the off -site storage facility on 38th Street. It was moved by Davis, seconded by Gonzales, to approve the aforementioned Change Order No. One to the contract with Keystone Archway Construction and Maintenance Agreement with AIRGAS Fire Protection, and to authorize the Director of Community Services & Water to execute said documents. Motion carried. RESOLUTION NO. 9626 - A Resolution of the City Council of the City of Vernon Determining the Tax on all Parcels Subject to the Special Parcel Tax Imposed by Ordinance No. 1076 for Fiscal Year 2008-2009, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9626 be approved and adopted. Motion carried. RESOLUTION NO. 9627 - A Resolution of the City Council of the City of Vernon Reappointing Hilario Gonzales and William J. Davis to Serve as Trustees on the Board of Library Trustees, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9627 be approved and adopted. Motion carried. Page 3 of 9 Regular City Council Meeting Minutes June 2, 2008 RESOLUTION NO. 9628 - A Resolution of the City Council of the City of Vernon Authorizing the Director of Industrial Development to Negotiate and Enter into Agreements Respecting the Sale of all City -Owned Housing in Huntington Park and to do all Other Actions Deemed Necessary or Advisable Concerning the Sales, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9628 be approved and adopted. Motion carried. RESOLUTION NO. 9629 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Billing of Special Parcel Taxes By and Between the City of Vernon and the Los Angeles County Auditor - Controller, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9629 be approved and adopted. Motion carried. RESOLUTION NO. 9630 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for Software Development By and Between the City of, Vernon and Angel City Data, LLC for Phase 2 of the Database Tracking System for the Fire Department, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9630 be approved and adopted. Motion carried. RESOLUTION NO. 9631 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Base Contract for Sale and Purchase of Natural Gas By and Between the City of Vernon and Coral Energy Resources, L.P., a Subsidiary of Shell Energy North America (US), L.P., was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9631 be approved and adopted. Motion carried. RESOLUTION NO. 9632 - A Resolution of the City Council of the City of Vernon Approving and Adopting Rules and Regulations for Acceptance of Credit Card Payments for Certain Transactions to the Business Services & Purchasing Department, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9632 be approved and adopted. Motion carried. RESOLUTION NO. 9633 - A Resolution of the City Council of the City of Vernon to Establish and Implement an Electric Energy Fuel Cost Adjustment Factor, Procedure and Computation Method which Establishes a Fuel Cost Adjustment to be Billed Under all Rate Schedules for Energy Transmitted, Distributed, and Supplied to City of Vernon Electrical Consumers, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9633 be approved and adopted. Motion carried. Page 4 of 9 Regular City Council Meeting Minutes June 2, 2008 Ratification of the issuance of early checks for Warrant Register No. 1242, covering claims and demands presented during the period of May 15 through May 28, 2008, drawn on Bank of America totaling $340,371.92, which includes Check Nos. 320765 through 320811 (Accounting period June 2008), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Warrant Register No. 1242, covering claims and demands totaling $340,371.92, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Warrant Register No. 1242, covering claims and demands presented during the period of May 15 through May 28, 2008, drawn on Bank of America totaling $4,385,318.71, which includes Wire Nos. 283 through 285 (Accounting period June 2008), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1242, covering claims and demands totaling $4,385,318.71, be ratified. Motion carried. Warrant Register No. 1242, covering claims and demands presented during the period of May 15 through May 28, 2008, drawn on Bank of America totaling $455,709.09, which includes Check Nos. 320812 through 320908 (Accounting period June 2008), was presented. It was moved by McCormick, seconded by Davis, that Warrant Register No. 1242 be approved and payment authorized for claims and demands totaling $455,709.09. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 207, covering claims and demands presented during the period of May 15 through May 28, 2008, drawn on Bank of America totaling $3,068.18, which includes Check Nos. 505571 through 505578 (Accounting period June 2008), was presented. It was moved by Davis, seconded by Gonzales, that the issuance of early checks for Light & Power Warrant Register No. 207, covering claims and demands totaling $3,068.18, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 207, covering claims and demands presented during the period of May 15 through May 28, 2008, drawn on Bank of America totaling $4,212,025.66, which includes Wire Nos. 3960 through 3978, excluding void Wire No. 3964 (Accounting period June 2008), was presented. It was moved by Gonzales, seconded by Davis, that wire transfers for Light & Power Warrant Register No. 207, covering claims and demands totaling $4,212,025.66, be ratified. Motion carried. Light & Power Warrant Register No. 207, covering claims and demands presented during the period of May 15 through May 28, 2008, drawn on Bank of America totaling $85,392.42, which includes Check Nos. 505579 through 505598 (Accounting period June 2008), was presented. Page 5 of 9 Regular City Council Meeting Minutes June 2, 2008 It was moved by McCormick, seconded by Gonzales, that Light & Power Warrant Register No. 207 be approved and payment authorized for claims and demands totaling $85,392.42. Motion carried. The City Administrator announced that this was the time for elected officials to report on conferences/seminars attended during the period of May 19 through June 1, 2008. Councilman Davis reported on the "California Contract Cities Association (COCA) 49th Annual Municipal Seminar" that he, Mayor Malburg, Mayor Pro-Tem Gonzales, and Councilman McCormick attended in Indian Wells on May 29 through June 1, 2008. The theme of the seminar was "Taking the Greener Path: Practical Steps Cities Can Take to Protect the Environment." He pointed out that this was the first time the Mayor had attended a California Contract Cities seminar. The Mayor reported that at the CCCA seminar, all four Vernon City Councilmembers participated in the mandatory "Ethics Training," for which they received certificates of participation. Mayor Pro-Tem Gonzales reported on the CCCA seminar session regarding AB 2766, which provides for the collection of an additional $4.00 in motor vehicle registration fees to fund various air pollution efforts and asked the Director of Community Services & Water to obtain more information on said bill. Councilman McCormick reported that the Mayor of Rolling Hills was elected President of the California Contract Cities Association. The City Administrator announced that this was the time for reports from departments. The Fire Chief reported on the recognition Vernon received from the City of Beverly Hills for providing The Alliance Group with office space at City Hall. The Police Chief advised that the D.A.R.E. Awards presentation was slated for the upcoming June 16, 2008 City Council meeting. The City Treasurer had nothing to report at this time. The Personnel Director had nothing to report at this time. The Finance Director had nothing to report at this time. The Risk Manager reported on a black -tie scholarship awards dinner he attended on May 30, 2008, which was hosted by The East Los Angeles Community Union (TELACU) Education Foundation. The Director of Environmental Health advised that the department would be holding a hot truck sweep in the near future to ensure full compliance. Page 6 of 9 Regular City Council Meeting Minutes June 2, 2008 The Director of Community Services & Water reported on the following matters: 1. Water crisis, which is at its lowest point since 1999. 2. Upcoming water conservation workshop to be held in the Council Chamber on June 10, 2008, which the business community was welcome to attend. 3. Reassignment of City Hall parking spaces due to the additional occupants on the third floor. 4.Concrete project on Atlantic Boulevard and Bandini Boulevard, which will take place on weekends to minimize traffic congestion. 5.Crash protection under the 26th Street Bridge, which would be addressed in further detail at the upcoming Redevelopment Agency meeting. 6. Soil remediation process at the Thermador site on District Boulevard. 7. City Housing Renovation Project, which was moving along as scheduled. 8.26th Street Bridge lettering, which was ready to be painted. He asked the City Council whether they preferred to have the lettering painted black or navy blue. The four members of the City Council present decided to have the lettering on the 26th Street Bridge painted navy blue. The Mayor asked the Director of Community Services & Water about the status of the lighting of the elevated water tank. The Director of Community Services & Water advised that he was still looking into alternative solutions. The City Administrator advised that the Fire Chief and Police Chief had some ideas regarding the lighting of the water tank. The Director of Community Services & Water advised that he would meet with the Fire Chief and Police Chief to get their input on the lighting of the water tower. The Director of Light & Power reported on the following matters: 1. Status of the proposed 2008-2009 fiscal year budget for his department. 2. Electric energy fuel cost adjustment factor covered in Resolution No. 9633 and elaborated on the need for said adjustment factor due to the high cost of fuel. 3. Recent meeting with the California Energy Commission (CEC) regarding the Southeast Region Energy Project (SREP) the positive results Vernon's outreach efforts have yielded. 4. Possibility of a natural gas station in Vernon in the future. 5. Department's efforts to find various sources of cost effective gas and power to maintain competitive rates. Page 7 of 9 Regular City Council Meeting Minutes June 2, 2008 The Mayor exited the meeting at 11:23 a.m. and returned at 11:25 a.m. The City Attorney had nothing to report at this time. The City Clerk had nothing to report at this time. Councilman Davis commended the Fire Chief and Police Chief for the comments they made at the Rotary Meeting honoring the firefighter and police officer of the year. Mayor Pro-Tem Gonzales had nothing to report at this time. The Mayor advised that the Mayor of Commerce spoke with Councilman Davis at the California Contract Cities Association seminar they recently attended and asked Councilman Davis to summarize the high points of the conversation. Councilman Davis advised that his conversation with the Mayor of Commerce was centered around the Southeast Region Energy Project and included the Mayor's emissions concerns. The Mayor of Commerce suggested building a wind mill power station. time. Councilman McCormick had nothing to report at this The Mayor called a short recess at 11:35 a.m. The City Council reconvened in regular session at 11:40 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 McCormick, that the City Council go into closed session, the time being 11:40 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Director of Personnel, Risk Manager, 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 Risk Manager was excused from closed session at 11:43 a.m. The Director of Personnel was excused from closed session at 11:49 a.m. It was moved by McCormick, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 11:50 a.m. Motion carried. Page 8 of 9 Regular City Council Meeting Minutes June 2, 2008 It was reported out that the City Council had a conference in closed session regarding two Public Employment matters pursuant to Government Code Section 54957, and approval was granted to hire the following individuals: 1. Mohamad Elmasri, as an Assistant Engineer, step 7, effective June 3, 2008. 2. Rafael Soto, as an Engineering Assistant, step 5, effective June 30, 2008. 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 said case. 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 (b) of Government Code Section 54956.9, and settlement authority was given to the City Attorney on said matter. 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 11:50 a.m. Motion carried. ATTEST: anuela Giron City Clerk Na e:� Leonis C�, Malburg Title: Mayor Page 9 of 9