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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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