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20080804 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 4, 2008, AT 10:16 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 July 21, 2008, be approved and adopted as recommended. Motion carried. The City Administrator announced that this was the time to present the Service Pins. The Mayor presented a Service Pin to David Alvarez, Senior Administrative Assistant, and, on behalf of the City Council, congratulated him on his 20 years of service with the City. Firefighter Tyler Shook was unable to attend the meeting and his Service Pin for his 5 years of service with the City was forwarded to him. The City Administrator announced that this was the time for anyone in the audience 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 in the audience who wished to address the City Council at this time. 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 2008-2009. It was moved by Davis, seconded by McCormick, to open the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2008-2009, 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. There was no one in the audience who wished to address the City Council on this matter. Regular City Council Meeting Minutes August 4, 2008 It was moved by Gonzales, seconded by Davis, to close the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2008-2009, the time being 10:21 a.m. Motion carried. RESOLUTION NO. 9677 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9638, Which Approved a Budget for the Fiscal Year 2008-2009, to Reflect Changes, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9677 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 City of Vernon Custody Escrow Account No. 800452 covering claims and demands presented during the period of July 15 through July 23, 2008, drawn on The Bank of New York Mellon Corporation totaling $912,029.79, which includes Requisition No. CE341. 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 July 15 through July 23, 2008, drawn on The Bank of New York Mellon Corporation totaling $719,538.76, which includes Requisition Nos. LCD412 through LCD421. 3. City of Vernon Report of Cash and Investments for Quarter Ended June 30, 2008. Fire Department 4. Fire Department Activity Report for the period of July 16 through July 30, 2008, to be received and filed. Police Department 5. Police Department Activity Log for the period of July 16 through July 30, 2008, 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 from Richard T. Hill for an Employee Computer Loan in the amount of $2,759.67, was presented. It was moved by Gonzales, seconded by Davis, to grant the Director of Human Resources authority to administrate the following interest free loan programs available to eligible employees. Motion carried. 1. Employee Computer Loan Purchase Plan 2. Employee Corrective Eye Surgery Loan Program 3. Employee Hearing Aid Device Loan Program Page 2 of 11 Regular City Council Meeting Minutes August 4, 2008 As a result of the previous action, it was moved by Gonzales, seconded by Davis, that the aforementioned request from Richard T. Hill for an Employee Computer Loan in the amount of $2,759.67, be removed from the agenda. Motion carried. Request from the Director of Community Services & Water for ratification of the issuance of a purchase order to G.P. Resources in the amount of $28,280.00 for fuel for the City's fleet vehicles, was presented. It was moved by Davis, seconded by McCormick, to ratify the issuance of a purchase order to G.P. Resources in the amount of $28,280.00 for fuel for the City's fleet vehicles. Motion carried. Request from the Director of Community Services & Water for approval of and authorization to execute Change Order No. 4 to the agreement with West Coast Arborists in the amount of $50,199.09 to extend the term of the agreement by one year, was presented. It was moved by Gonzales, seconded by Davis, to approve Change Order No. 4 to the agreement with West Coast Arborists in the amount of $50,199.09 to extend the term of the agreement by one year, and to authorize the Director of Community Services & Water to execute said change order. Motion carried. Request from the Director of Community Services & Water for authorization to issue an open purchase order to National Plant Services in the amount of $20,000.00 for emergency sewer repairs for the 2008-2009 fiscal year, effective September 1, 2008, was presented. It was moved by McCormick, seconded by Gonzales, to authorize the issuance of an open purchase order to National Plant Services in the amount of $20,000.00 for emergency sewer repairs for the 2008-2009 fiscal year. Motion carried. Request from the Fire Chief for authorization to issue a purchase order to Meridian Medical Technologies in the approximate amount of $19,706.40 for auto injectors for all sworn firefighters and sworn police officers, was presented. It was moved by McCormick, seconded by Gonzales, to approve the issuance of a purchase order to Meridian Medical Technologies in the approximate amount of $19,706.40 for auto injectors for all sworn firefighters and sworn police officers. Motion carried. Request from the Director of Light & Power for approval of and authorization to execute a preventative maintenance and inspection agreement with Konecranes in the amount of $1,880.00 per year, effective July 1, 2008, for quarterly service of the Whiting Crane on the generation deck, was presented. It was moved by Gonzales, seconded by Davis, to approve a preventative maintenance and inspection agreement with Konecranes in the amount of $1,880.00 per year, effective July 1, 2008, for quarterly service of the Whiting Crane on the generation deck, and to authorize the Director of Light & Power to execute said agreement. Motion carried. Page 3 of 11 Regular City Council Meeting Minutes August 4, 2008 Request from the Director of Community Services & Water for approval of and authorization to execute a Preventive Maintenance Agreement with Reliable Ice Equipment Inc. in the amount of $275.00 per service for bi-annual maintenance on the Scotsman ice machine in the Warehouse, was presented. It was moved by McCormick, seconded by Davis, to approve a Preventive Maintenance Agreement with Reliable Ice Equipment Inc. in the amount of $275.00 per service for bi- annual maintenance on the Scotsman ice machine in the Warehouse, and to authorize the Director of Community Services & Water to execute said agreement. Motion carried. Request from the Purchasing Agent for approval of and authorization to execute the following Maintenance Agreements with Canon Business Solutions at the approximate costs stated, was presented. Contract # Department Model # Term Approximate Total Cost 422972 Purchasing IR1630 01/12/08-01/11/09 $338.78 275988 Community Services (Admin.) IR5020 06/01/08-05/31/09 $1,699.98 284077 Risk Mgmt. IR4570 06/29/08-06/28/09 $787.50 195708 Community Services (Warehouse) IR5000 07/01/08-06/30/09 $661.50 199128 Power Plant IR330 07/01/08-06/30/09 $20.06 378643 Police IRC6870 07/01/08-06/30/09 $441.20 195697 Fire (Admin.) IR330 07/01/08-06/30/09 $701.96 195714 ealth IR5000 07/01/08-06/30/09 1$1,239.00 297307 IFire Station 1 IR3320 08/23/08-08/22/09 1$1,575.00 It was moved by Gonzales, seconded by McCormick, to approve the aforementioned Maintenance Agreements with Canon Business Solutions at the approximate stated costs, and to authorize the Purchasing Agent to execute said agreements. Motion carried. RESOLUTION NO. 9674 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and G2 Construction Inc. for Catch Basin Connector Pipe Screens, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9674 be approved and adopted. Motion carried. RESOLUTION NO. 9678 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9639 By Amending Schedule No. XIII of said Resolution, Amending Section 13a(5) and Adding Sub Section (2) to Section 13b Regarding the Compensation, Costs and Benefits of its Employees (Amendment No. 3), was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9678 be approved and adopted. Motion carried. Page 4 of 11 Regular City Council Meeting Minutes August 4, 2008 RESOLUTION NO. 9679 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the City's Participation in the Fiscal Year 2006 Chemical Buffer Zone Protection Program by the Vernon Police Department, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9679 be approved and adopted. Motion carried. RESOLUTION NO. 9682 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and David L. Davis, dba MSW Consultants for Solid Waste Consulting Services, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9682 be approved and adopted. Motion carried. RESOLUTION NO. 9683 - 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 Kamsol, Inc., dba Edge Solutions Group for Information Technologies Consultation Services, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9683 be approved and adopted. Motion carried. RESOLUTION NO. 9684 - A Resolution of the City Council of the City of Vernon Approving the Support of the Eastern Group Foundation Journalism Internships Program and "Letters to Santa" Toy Give -A -Way Program and Authorizing the Director of Industrial Development to take all Actions Necessary to Implement the Programs, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9684 be approved and adopted. Motion carried. RESOLUTION NO. 9685 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Proposal By and Between the City of Vernon and MTM Technologies, Inc. for Cisco Catalyst Core Switch Upgrade for Fiber Optic Network, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9685 be approved and adopted. Motion carried. RESOLUTION NO. 9686 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Independent Contractor Agreement By and Between the City of Vernon and David Tokofsky Regarding Public Relations, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9686 be approved and adopted. Motion carried. RESOLUTION NO. 9687 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Statement of Work with Advanced Utility Systems for Configuration of Fuel Cost Adjustment Charge in Utility Billing and Customer Service System, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9687 be approved and adopted. Motion carried. Page 5 of 11 Regular City Council Meeting Minutes August 4, 2008 RESOLUTION NO. 9688 - A Resolution of the City Council of the City of Vernon Approving the Funding of the Southeast Technology Initiative of the Southeast Technology Collaborative for the Southeast Mobile Technology Lab and Public Awareness Campaign and Authorizing the Director of Industrial Development to take all Actions Necessary to Implement the Initiative, was read by title. Mr. Cesar Zaldivar Motts addressed the City Council and provided additional details on the Southeast Mobile Technology Lab and Public Awareness Campaign, which is a three- year program that will serve the Southeast region. It was moved by Davis, seconded by Gonzales, that Resolution No. 9688 be approved and adopted. Motion carried. The City Administrator announced that this was the time to hold the discussion requested by a member of the City Council regarding whether or not the City desires to participate in the 34th Annual Food and Beverage Exhibition in Japan (FOODEX JAPAN 2009) on March 3rd through 6th, 2009, or to evaluate the extent to which the City desires to participate in said event. The City Administrator stressed the importance of establishing a process for the consideration of the use of public funds for the City's participation in and/or attendance at the aforementioned exhibition and all future conferences, seminars, and meetings. Mayor Pro-Tem Gonzales advised that the City had participated in the Food Expo in Japan for the past ten years. He felt that the community benefited from the City's participation in this event, especially food manufacturers like Reynaldo's, which has expressed a desire to export overseas. The City Administrator recommended that a detailed report be prepared with regard to what the City's participation in the FOODEX JAPAN 2009 would entail, including cost estimates, and that said report be presented to the City Council for review. Mayor Malburg, Councilman McCormick, and Councilman Davis all concurred with Mayor Pro-Tem Gonzales that the City's participation in this event would be beneficial to the City and its businesses. Ratification of the issuance of early checks for Warrant Register No. 1246, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $687,448.76, which includes Check Nos. 321591 through 321640 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Gonzales, that the issuance of early checks for Warrant Register No. 1246, covering claims and demands totaling $687,448.76, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Page 6 of 11 Regular City Council Meeting Minutes August 4, 2008 Ratification of wire transfers for Warrant Register No. 1246, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $689,049.50, which includes Wire No. 289 (Accounting period August 2008), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1246, covering claims and demands totaling $689,049.50, be ratified. Motion carried. Warrant Register No. 1246, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $384,328.68, which includes Check Nos. 321641 through 321759 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Davis, that Warrant Register No. 1246 be approved and payment authorized for claims and demands totaling $384,328.68. Motion carried., Ratification of the issuance of early checks for Light & Power Warrant Register No. 211, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $6,078.44, which includes Check Nos. 505745 through 505757 (Accounting period August 2008), was presented. It was moved by Davis, seconded by Gonzales, that the issuance of early checks for Light & Power Warrant Register No. 211, covering claims and demands totaling $6,078.44, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 211, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $3,725,999.40, which includes Wire Nos. 4018 through 4037 (Accounting period August 2008), was presented. It was moved by Gonzales, seconded by Davis, that wire transfers for Light & Power Warrant Register No. 211, covering claims and demands totaling $3,725,999.40, be ratified. Motion carried. Light & Power Warrant Register No. 211, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $83,502.29, which includes Check Nos. 505758 through 505782 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Gonzales, that Light & Power Warrant Register No. 211 be approved and payment authorized for claims and demands totaling $83,502.29. Motion carried. Ratification of the issuance of early checks for Gas Warrant Register No. 2, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $1,521.48, which includes Check Nos. 8 through 12 (Accounting period August 2008), was presented. Page 7 of 11 Regular City Council Meeting Minutes August 4, 2008 It was moved by Davis, seconded by Gonzales, that the issuance of early checks for Gas Warrant Register No. 2, covering claims and demands totaling $1,521.48, be ratified. Motion carried. Ratification of wire transfers for Gas Warrant Register No. 2, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $7,237,619.13, which includes Wire Nos. 0001 through 0002 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Davis, that wire transfers for Gas Warrant Register No. 2, covering claims and demands totaling $7,237,619.13, be ratified. Motion carried. Gas Warrant Register No. 2, covering claims and demands presented during the period of July 17 through July 30, 2008, drawn on Bank of America totaling $8,929.50, which includes Check Nos. 13 through 14 (Accounting period August 2008), was presented. It was moved by Gonzales, seconded by Davis, that Gas Warrant Register No. 2 be approved and payment authorized for claims and demands totaling $8,929.50. Motion carried. The City�Administrator announced that this was the time for elected officials to report on conferences/seminars attended during the period of July 21 through August 3, 2008. Elected Officials did not attend any conferences/seminars during the period of July 21 through August 3, 2008. The City Administrator announced that this was the time for reports from departments. The Fire Chief advised that the Children's Hospital Blood Drive held July 30, 2008, at Fire Station #2 was a success, in which over 100 pints of blood were collected. The Chief of Police reported that on July 30, 2008, the department assisted the Huntington Park Police Department with simultaneous search warrants related to two homicides believed to be gang related. Narcotics were recovered during the searches. The City Treasurer had nothing to report at this time. The Director of Personnel had nothing to report during open session. The Finance Director advised that the auditors had begun the audit process. The Risk Manager had nothing to report at this time. The Director of Environmental Health reported that the Exide Technologies facility on Indiana Street and Bandini Boulevard, was currently being scrutinized by the South Coast Air Quality Management District for emission issues. He also advised that the next electronic waste recycling event would be held Tuesday, September 16, 2008, at Fire Station #1. Page 8 of 11 Regular City Council Meeting Minutes August 4, 2008 The Deputy Director of Community Services & Water, who attended the meeting on behalf of the Director of Community Services & Water, reported on the 26th Street Bridge Project, which was near completion. He advised that the final test pump was passed, the traffic signal had been activated, and the bridge would remain closed until the 26th Street Improvement Project was completed. following: The Director of Light & Power reported on the 1. Minor power outages that occurred on Sunday, August 3, 2008, as a result of mylar balloons getting caught in transmission lines. 2. Postponement of the scheduled performance test of the Malburg Generating Station because the performance procedures were not ready. 3. Overview of gas and energy costs and the reasonable utility rates charged by the City compared to other cities. The Director of Human Resources had nothing to report during open session. The City Attorney had nothing to report at this time. The City Clerk had nothing to report at this time. Councilman Davis reported on the successful July 31, 2008 grand opening of a community swimming pool in Huntington Park, which he attended. Mayor Pro -Tern Gonzales reported on his participation during the Huntington Park pool grand opening and the resources provided by the City for said event. The Mayor had nothing to report at this time. Councilman McCormick had nothing to report at this time. The City Administrator distributed and discussed the following items: 1. E-mail request from a Shenzhen, China delegation for a meeting with City Officials and/or appropriate staff members regarding Vernon's economic development objectives and activities. 2. Vernon article regarding the City's partnership with the Oldtimers Foundation to provide a community pool to the children living in Huntington Park, Maywood, and Bell for the remainder of the summer. 3. An opinion letter from Orrick, Herrington & Sutcliffe LLP dated August 1, 2008, to be reviewed and discussed at a later date. Mayor Pro-Tem Gonzales, Councilman Davis, and Councilman McCormick agreed to meet with the Shenzhen, China delegation on August 14, 2008. Page 9 of 11 Regular City Council Meeting Minutes August 4, 2008 The City Administrator advised the City Council that he, the Director of Light & Power, and the City Attorney would be in New York for a few days during the week of August 11, 2008, to work on the refinancing of the gas bonds. The Mayor called a short recess at 11:20 a.m. The City Council reconvened in regular session at 11:29 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 11:29 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Director of Human Resources, 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 Director of Human Resources, Director of Personnel, and Risk Manager were excused from closed session at 11:34 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 11:39 a.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding four Employee Evaluation matters pursuant to Government Code Section 54957, and merit step increases were granted to the following employees as specified: 1. Karina Rueda, Senior Administrative Assistant, from step 7 to step 5, effective August 5, 2008. 2. George Ning, Information Technology Analyst, from step 3 to step 2, effective August 17, 2008. 3. William Carram, Systems Coordinator I, from step 5 to step 4, effective August 17, 2008. 4. Andrea Negrete, Customer Service Representative, from step 5 to step 4, effective August 17, 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. Page 10 of 11 Regular City Council Meeting Minutes August 4, 2008 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 11:48 a.m. Motion carried. ATTEST: anuela Giron City Clerk Name Leonis C. Malburg Title: Mayor Page 11 of 11