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20081103 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 3, 2008, AT 10:00 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, Ybarra, McCormick MEMBERS ABSENT: Malburg, Davis The meeting was called to order by Mayor Pro-Tem Gonzales. The City Administrator advised that the following two items, which required immediate action, were brought to his attention after the agenda was posted. He asked that a vote be taken to determine that said matters required immediate action and to add said matters to the agenda. 1. For open session: A Proclamation of the Mayor and the City Council of the City of Vernon Declaring and Establishing November 7, 2008, as the Honorable Sun Shu Tao, Mayor of Wei Hai Municipal Government, Shan Dong Province, China Day and Establishing Honorary Citizenship to the Honorable Sun Shu Tao Visiting the City of Vernon on Said Day 2. For closed session: One Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957. It was moved by McCormick, seconded by Ybarra, to add the aforementioned proclamation to the agenda. Motion carried. Ayes: Gonzales, Ybarra, McCormick Noes: None Absent: Malburg, Davis Abstained: None It was moved by McCormick, seconded by Ybarra, to add the aforementioned Employee Discipline/Dismissal/Release matter to the closed session portion of the agenda. Motion carried. Ayes: Gonzales, Ybarra, McCormick Noes: None Absent: Malburg, Davis Abstained: None It was moved by McCormick, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held October 20, 2008, be approved and adopted as submitted. Motion carried. 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 Pro-Tem 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. Regular'City Council Meeting Minutes November 3, 2008 The City Administrator announced that this was the time to present the Service Pins. The Mayor Pro-Tem presented Service Pins to the following employees and, on behalf of the City Council, congratulated them on their many years of service with the City. Employee Name Job Title Years 1. Elizabeth Negrete Associate Resource Scheduler 10 2. Jeff Harrison City Attorney 5 The following employees were unable to attend the meeting, so their Service Pins were forwarded to them. Employee Name Job Title Years 1. Craig Peltier Firefighter 20 2. Pete Torres Fire Engineer 20 3. Andrew Guth Shift Battalion Chief 20 4. Jacqueline Hamilton Dispatcher 10 5. Todd Newton Police Officer 5 ORDINANCE NO. 1149 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 2.1 and Deleting Section 2.5-4 of Chapter 2, Article I, Administration, was read by title for a first and final reading. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1149 be approved for a first reading. Motion carried. Ayes: Gonzales, Ybarra, McCormick Noes: None Absent: Malburg, Davis Abstained: None ORDINANCE NO. 1150 An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 5.66(a)(1) of Chapter 5, Article V, Enforcement, Relating to Used Car and Automobile Dealers 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 Ybarra, that Ordinance No. 1150 be approved for a first reading. Motion carried. Ayes: Gonzales, Ybarra, McCormick Noes: None Absent: Malburg, Davis Abstained: None It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1151 be removed from the agenda. Motion carried. ORDINANCE NO. 1151 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 2.7, City Clerk, of Chapter 2, Article II, City Administration Page 2 of 10 Regular City Council Meeting Minutes November 3, 2008 ORDINANCE NO. 1152 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 1.9 of Chapter 1 Relating to Absence of Newspaper in the City 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 Ybarra, that Ordinance No. 1152 be approved for a first reading. Motion carried. Ayes: Gonzales, Ybarra, McCormick Noes: None Absent: Malburg, Davis Abstained: None The Consent Calendar was presented. CONSENT CALENDAR City Treasurer's Department 1. Ratification of the following warrant registers to record the following voided checks: ■ Warrant Register No. 1252 to record voided Check No. 322813 in the amount of $149.52 issued to Ben Busse on October 22, 2008. ■ Light & Power Warrant Register No. 203 to record voided Check No. 505376 in the amount of $16.52 issued to Quest on March 24, 2008. ■ Light & Power Warrant Register No. 208 to record voided Check No. 505647 in the amount of $109.00 issued to the The Economist on June 16, 2008. ■ Light & Power Warrant Register No. 209 to record voided Check No. 505667 in the amount of $31.52 issued to AT&T on June 26, 2008. 2. 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 October 14 through October 24 23, 2008, drawn on The Bank of New York Mellon Corporation totaling $38,016,000.00, which includes Requisition No. CE349. 3. 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 October 14 through October -2-& 23, 2008, drawn on The Bank of New York Mellon Corporation totaling $171,988.82, which includes Requisition Nos. LCD472 through LCD479. 4. City of Vernon Report of Cash and Investments for the Quarter Ended September 30, 2008, to be received and filed. End of Consent Calendar It was moved by McCormick, seconded by Ybarra, that the matters on the Consent Calendar be approved as recommended. Motion carried. Page 3 of 10 Regular City Council Meeting Minutes November 3, 2008 Request from the Purchasing Agent for approval of and authorization to execute Maintenance Agreement No. 850072 with Canon Business Solutions, Inc. in the amount of $630.00 for maintenance of the Police Department's IRC6870 copier for the 2008-2009 fiscal year, was presented. It was moved by McCormick, seconded by Ybarra, to approve Maintenance Agreement No. 850072 with Canon Business Solutions, Inc. in the amount of $630.00 for maintenance of the Police Department's IRC6870 copier for the 2008-2009 fiscal year, and to authorize the Purchasing Agent to execute said agreement. Motion carried. (This replaces Canon Maintenance Agreement No. 378643 approved August 4, 2008.) Request from the Director of Community Services for approval of and authorization to execute a SimplexGrinnell Quotation in the amount of $1,563.00 for the replacement of three fire alarm system devices on the third floor of City Hall, was presented. It was moved by Gonzales, seconded by McCormick, to approve a SimplexGrinnell Quotation in the amount of $1,563.00 for the replacement of three fire alarm system devices on the third floor of City Hall, and to authorize the Director of Community Services to execute said document. Motion carried. RESOLUTION NO. 9748 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Revised Higher Education Loan and Assistance Program Guidelines, Form Personal Participation Loan Application and Agreement, Form Request for Tuition Reimbursement and Form Payback Schedule and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9748 be approved and adopted. Motion carried. RESOLUTION NO. 9749 - A Resolution of the City Council of the City of Vernon Terminating the Consulting Agreement with Mike Roos and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9749 be approved and adopted. Motion carried. RESOLUTION NO. 9750 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Access Agreement By and Between the City of Vernon and K-2 Prop Co. LA, L.P. for Property Located at 5119 District Boulevard in the City of Vernon, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9750 be approved and adopted. Motion carried. RESOLUTION NO. 9751 - A Resolution of the City Council of the City of Vernon Terminating the Agreement with Frank Hill and Company, LLC and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9751 be approved and adopted. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes November 3, 2008 RESOLUTION NO. 9752 - A Resolution of the City Council of the City of Vernon Authorizing and Approving the Issuance of not to Exceed Fifty Million Dollars. Aggregate Principal Amount of Electric System Revenue Bonds; Approving the Supplemental Indenture of Trust Pursuant to Which Such Bonds are to be Issued; Approving a Disclosure Document in Connection With Such Bonds, a Contract of Purchase and a Continuing Disclosure Agreement; Authorizing and Approving Certain Documents in Connection with the Issuance, Securing and Sale of Such Bonds; and Authorizing Certain Other Matters Relating Thereto, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9752 be approved and adopted. Motion carried. RESOLUTION NO. 9753 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Matching Fund Drive Program for Kindergarten Outdoor Play Equipment at the Vernon City Elementary School and Authorizing the Director of Industrial Development to Take all Actions Necessary to Implement the Program, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9753 be approved and adopted. Motion carried. RESOLUTION NO. 9754 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of Request for Proposals for the Rehabilitation and Widening of the Atlantic Boulevard Bridge Over the Los Angeles River for the Department of Community Services & Water, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9754 be approved and adopted. Motion carried. RESOLUTION NO. 9755 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for Group Insurance and Sample Contract By and Between the City of Vernon and The Lincoln National Life Insurance Company for the Purchase of Life Insurance Benefits and Authorizing the City to do all Actions Deemed Necessary or Advisable Concerning Securing said Benefits, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9755 be approved and adopted. Motion carried. RESOLUTION NO. 9756 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Renew 2008 Aetna Medicare Private Fee -For -Service (PFFS) Plan Group Agreement No. 381741 By and Between City of Vernon and Aetna Life Insurance Company and HMO Group Agreement No. 381034 By and Between the City of Vernon and Aetna Health of California Inc. and Authorizing the City to do all Actions Deemed Necessary or Advisable Concerning Health Benefits for Active and Retired Employees, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9756 be approved and adopted. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes November 3, 2008 RESOLUTION NO. 9757 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Purchase 2009 Aetna Golden Medical Plan -HMO with Employee Option to Purchase Aetna Medicare PFFS (Private Fee For Services) 90 Open Plan By and Between the City of Vernon and Aetna Health Inc. and Aetna Life Insurance Company Inc. and Authorizing the City to do all Actions Deemed Necessary or Advisable Concerning Health Benefits for Retired Employees Over 65, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9757 be approved and adopted. Motion carried. RESOLUTION NO. 9758 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Renew Metropolitan Life Insurance Company Group Policy No. KM 05723438-G By and Between City of Vernon and Metropolitan Life Insurance Company and Authorizing the City to do all Actions Deemed Necessary or Advisable Concerning the Dental Benefits for Active Employees, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9758 be approved and adopted. Motion carried. RESOLUTION NO. 9759 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate and Addendum Thereto By and Between the City of Vernon and Owens -Brockway Glass Container Inc. for Property Located at the Southeast Corner of 50th Street and Soto Street in the City of Vernon, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9759 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1252, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $1,007,291.21, which includes Check Nos. 322780 through 322856, excluding Void Check No. 322813 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Ybarra, that the issuance of early checks for Warrant Register No. 1252, covering claims and demands totaling $1,007,291.21, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1252, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $29,513.51, which includes Wire Nos. 291 through 292 (Accounting period November 2008), was presented. It was moved by Ybarra, seconded by McCormick, that wire transfers for Warrant Register No. 1252, covering claims and demands totaling $29,513.51, be ratified. Motion carried. Warrant Register No. 1252, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $507,861.68, which includes Check Nos. 322857 through 322956 (Accounting period November 2008), was presented. Page 6 of 10 Regular City Council Meeting Minutes November 3, 2008 It was moved McCormick, seconded by Ybarra, that Warrant Register No. 1252 be approved and payment authorized for claims and demands totaling $507,861.68. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 217, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $3,896.66, which includes Check Nos. 506013 through 506023 (Accounting period November 2008), was presented. It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 217, covering claims and demands totaling $3,896.66, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 217, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $3,948,788.64, which includes Wire Nos. 4112 through 4128 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Ybarra, that wire transfers for Light & Power Warrant Register No. 217, covering claims and demands totaling $3,948,788.64, be ratified. Motion carried. Light & Power Warrant Register No. 217, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $102,585.56, which includes Check Nos. 506024 through 506048 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Ybarra, that Light & Power Warrant Register No. 217 be approved and payment authorized for claims and demands totaling $102,585.56. Motion carried. Ratification of the issuance of early checks for Gas Warrant Register No. 8, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $256.20, which includes Check Nos. 54 through 56 (Accounting period November 2008), was presented. It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Gas Warrant Register No. 8, covering claims and demands totaling $256.20, be ratified. Motion carried. Ratification of wire transfers for Gas Warrant Register No. 8, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $3,764,304.46, which includes Wire Nos. 0006 through 0007 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Ybarra, that the issuance of early checks for Gas Warrant Register No. 8, covering claims and demands totaling $3,764,304.46, be ratified. Motion carried. Page 7 of 10 Regular City Council Meeting Minutes November 3, 2008 Gas Warrant Register No. 8, covering claims and demands presented during the period of October 15 through October 28, 2008, drawn on Bank of America totaling $6.99, which includes Check No. 57 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Ybarra, that Gas Warrant Register No. 8 be approved and payment authorized for claims and demands totaling $6.99. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring and Establishing November 7, 2008, as the Honorable Sun Shu Tao, Mayor of Wei Hai Municipal Government, Shan Dong Province, China Day and Establishing Honorary Citizenship to the Honorable Sun Shu Tao Visiting the City of Vernon on Said Day, was read by title. It was moved by McCormick, seconded by Ybarra, that the aforementioned proclamation be approved. Motion carried. The City Administrator announced that this was the time for elected officials to report on conferences/seminars attended during the period of October 20 through November 2, 2008. It was reported that Elected Officials did not attend any conferences/seminars during the period of October 20 through November 2, 2008. The City Administrator announced that this was the time for reports from departments. The Fire Chief reported on the L.A. Fire Chiefs Conference he attended as a key note speaker during the week of October 27, 2008, and the presentation he gave on the aftermath of the Norman Fox fire. Mayor Pro-Tem Gonzales thanked all the departments involved in dealing with the Norman Fox fire for their efforts and for working together during and after the fire. The Fire Chief advised of the Fire and Police Departments' intentions to implement a Community Emergency Response Training (CERT) Program that would be introduced to the community at the Vernon Chamber of Commerce on November 6, 2008. The Chief of Police had nothing to report at this time. The Director of Personnel thanked the councilmembers who participated as judges in the Halloween Contest. She also provided an update on the upcoming December 4th holiday luncheon. The Finance Director reported that the 2007-2008 fiscal year audit was nearly complete. He also advised that gas prices were coming down. The Risk Manager reported on the following: 1. Health insurance audit of employees' dependents, which would be finished in approximately three weeks. Page 8 of 10 Regular City Council Meeting Minutes November 3, 2008 2. Health Fair to take place the City Yard. 3. Upcoming open enrollment on November 19, 2008, in for medical insurance. The Chief Deputy Director of Environmental Health, who sat in for the Director of Environmental Health, had nothing to report at this time. The Deputy Director of Community Services, who sat in for the Director of Community Services, provided an update on the sewer system project. following: The Director of Light & Power reported on the 1. Malburg Generating Station (MGS) would be off-line for five days on a scheduled outage to check a steam turbine. 2. Decline in power costs. 3. City's gas pre -pay status. 4. Proposed energy rate increases for 2009, which would be presented to the City Council in the near future. 5. On -going work to restructure the department's grids for the next ten years. 6. Recent meetings in New York pursuing a joint venture on the Wind Project. 7. Negotiation process regarding the renewal of the contract with Petrelli. The Director of Human Resources had nothing to report at this time. The Director of Industrial Development announced that the City of Vernon was one of the top five nominees for the Los Angeles Economic Development Corporation's (LAEDC) "Most Business -Friendly City in Los Angeles County Award" in the under 50,000 population category. He advised that the winner would be announced at the LAEDC 13th Annual Eddy Awards on November 17, 2008. time. The City Clerk had nothing to report at this time. The City Administrator had nothing to report at this The Mayor Pro-Tem called a short recess at 10:44 a.m. The City Council reconvened in regular session at 10:51 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 McCormick, seconded by Ybarra, that the City Council go into closed session, the time being 10:51 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Chief of Police, Director of Personnel, Director of Human Resources, and City Attorney. Page 9 of 10 Regular City Council Meeting Minutes November 3, 2008 The Chief of Police was excused from closed session at 11:07 a.m. The Director of Personnel was excused from closed session at 11:14 a.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 11:15 a.m. Motion carried. 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 recommendations of the respective Department Heads for two of the three matters were approved. No action was taken with regard to the third matter. It was reported out that the City Council had a conference in closed session with legal counsel regarding existing litigation case Rosales v. City of Vernon, et al., LASC No. VC 051674 pursuant to subdivision (a) of Government Code Section 54956.9, and no action was taken with regard to said case. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting be adjourned, the time being 11:20 a.m. Motion carried. ATTEST: anuela Giron City Clerk Name: Hilari Gonzales Title: Mayor Pro-Tem Page 10 of 10