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20081201 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 1, 2008, AT 10:05 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. The City Administrator advised that there were no changes to the agenda. The City Administrator announced that this was the time to present the Service Pins. The Mayor 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. James Rodino Police Captain 25 2. Wilfredo Lopez Meter Reader 20 3. Audra Hunter Sr. Administrative Assistant 20 The following employees were unable to attend the meeting, so their Service Pins were forwarded to them. Employee Name Job Title Years 1. Michael Docherty Police Officer 15 2. Ana Quinones Police Officer 10 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. Mr. Martin Sandoval, Principal of the Vernon Elementary School, members of his staff, Ms. Mora and Ms. Schneider, Student Body President Edward Medina, and Student Body Vice President Jennifer Hernandez, individually thanked the City Council for its interest in and financial support of a new kindergarten play area for the school. The Mayor asked if there was anyone else who wished to address the City Council at this time. Ms. Kara Medrano of the Central Basin Municipal Water District presented the City Council with a framed Certificate of Recognition for participating in the agency's "Shut Your Tap" Water Conservation Campaign and for considering Resolution No. 9780 on the agenda in support of said campaign. Regular City Council Meeting Minutes December 1, 2008 The Mayor asked if there was anyone else who wished to address the City Council at this time. The City Administrator introduced Mr. Martin Galindo, Superintendent of the 6th District of the Los Angeles Unified School District, who was in the audience. Mr. Galindo thanked the City Council for its generosity and involvement with the Vernon Elementary School and advised of the school's interest in extending its educational program to sixth and seventh graders. Mr. Galindo also thanked Councilman McCormick for his participation in the Southeast Cities Schools Coalition. The Mayor asked if there was anyone else who wished to address the City Council at this time. There was no one else who wished to address the City Council at this time. RESOLUTION NO. 9780 - A Resolution of the City Council of the City of Vernon in Support of the "Shut Your Tap" Water Conservation Campaign of the Central Basin Municipal Water District, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9780 be approved and adopted. The City Administrator announced that this was the time to open the public hearing to consider a variance from Section 26.5.1-6 of the Comprehensive Zoning Ordinance, parking and loading requirements, for Owens -Brockway Glass Container, Inc. located at 2923 Fruitland Avenue. It was moved by Davis, seconded by McCormick, to open the public hearing to consider a variance from Section 26.5.1-6 of the Comprehensive Zoning Ordinance, parking and loading requirements, for Owens -Brockway Glass Container, Inc. located at 2923 Fruitland Avenue, the time being 10:24 a.m. Motion carried. The Director of Community Services summarized the staff report on this matter, gave a Power Point presentation, and recommended that the variance for Owens -Brockway Glass Container, Inc. be approved, subject to the conditions listed in Section 4 of Resolution No. 9778. 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. It was moved by Gonzales, seconded by McCormick, to close the public hearing to consider a variance from Section 26.5.1-6 of the Comprehensive Zoning Ordinance, parking and loading requirements, for Owens -Brockway Glass Container, Inc. located at 2923 Fruitland Avenue, the time being 10:30 a.m. Motion carried. Page 2 of 10 Regular City Council Meeting Minutes December 1, 2008 RESOLUTION NO. 9778 A Resolution of the City Council of the City of Vernon Amending Resolution No. 8152 Granting a Variance to Owens -Brockway Glass Container, Inc. from Section 26.5.1-6 of the Comprehensive Zoning Ordinance, for the Property Located at 2923 Fruitland Avenue in the City of Vernon, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9778 be approved and adopted. Motion carried. ORDINANCE NO. 1153 - An Ordinance of the City Council of the City of Vernon Amending Section 2.69-1 of Chapter 2, Administration, of the Code of the City of Vernon, California, 1959, and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1153 be approved for a first reading. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None 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. 1238 to record voided Check No. 320029 in the amount of $20.67 issued to Dowrad Medical Group on April 7, 2008. ■ Gas Warrant Register No. 8 to record voided Check No. 55 in the amount of $165.90 issued to AT&T on October 27, 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 November 19 through November 25, 2008, drawn on The Bank of New York Mellon Corporation totaling $1,864,255.25, which includes Requisition Nos. CE353 through CE354. 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 November 19 through November 25, 2008, drawn on The Bank of New York Mellon Corporation totaling $52,572.87, which includes Requisition Nos. LCD496 through LCD497. End of Consent Calendar It was moved by McCormick, seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried. Page 3 of 10 Regular City Council Meeting Minutes December 1, 2008 Request to grant additional days off (December 24, 2008 and December 31, 2008) with holiday pay in observance of the Christmas and New Year's holidays, was presented. It was moved by Davis, seconded by Gonzales, to grant additional days off (December 24, 2008 and December 31, 2008) with holiday pay to City employees in observance of the Christmas and New Year's holidays. Motion carried. Ratification of the following actions taken at the City Council meeting of November 24, 2008, with respect to City housing assignments, was presented. 1. Termination of the tenancy of Constantine Dean Economos, effective immediately. 2. Termination of the tenancy of John Malburg, effective immediately. It was moved by Gonzales, seconded by Davis, to ratify the aforementioned actions taken at the City Council meeting of November 24, 2008, with respect to City housing assignments. Motion carried. Mayor Malburg abstained and disqualified himself on this matter. Request from the Purchasing Agent for approval of the following Work Authorizations with Motorola, Inc. at the stated amounts for UHF and VHF radios and related equipment/accessories for the Police Department using Buffer Zone Protection Program grant funds, was presented. 1. Work Authorization No. 003 - $22,468.98 2. Work Authorization No. 004 - $27,317.87 3. Work Authorization No. 005 - $99,499.45 4. Work Authorization No. 006 - $158,908.93 5. Work Authorization No. 007 - $136,868.62 It was moved by McCormick, seconded by Gonzales, to approve the aforementioned Work Authorizations with Motorola, Inc. at the stated amounts for UHF and VHF radios and related equipment/accessories for the Police Department using Buffer Zone Protection Program grant funds. Motion carried. Request from the Chief of Police for authorization to issue a purchase order to National Police Supply in the approximate amount of $13,426.35 for microphones and earphones for the new UHF radios requested under the aforementioned Motorola Work Authorization No. 006, was presented. It was moved by McCormick, seconded by Davis, to authorize the issuance of a purchase order to National Police Supply in the approximate amount of $13,426.35 for microphones and earphones for the new UHF radios requested under the aforementioned Motorola Work Authorization No. 006. Motion carried. RESOLUTION NO. 9770 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Seven to Maintenance Agreement By and Between the City of Vernon and VCI Telcom, Inc., was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9770 be approved and adopted. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes December 1, 2008 RESOLUTION NO. 9774 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Software License Agreement and Software Service Attachment By and Between the City of Vernon and Visionair, Inc. Regarding GIS Mapping Software for the Police Department Utilizing. Buffer Zone Protection Grant Funds, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9774 be approved and adopted. Motion carried. RESOLUTION NO. 9775 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Agreement By and Between the City of Vernon and Optics Planet, Inc. Regarding Thermal -Eye Digital Cameras for the Police Department Utilizing Buffer Zone Protection Grant Funds, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9775 be approved and adopted. Motion carried. RESOLUTION NO. 9779 - A Resolution of the City Council of the City of Vernon Accepting the Bid of FS Construction for the City Apartment Complex Parking Lot in Accordance with Contract No. CS-0014 of the City of Vernon and Approving the Execution of said Contract, was read by title. The City Council asked the Director of Community Services to obtain cost estimates for the construction of carports for the City Apartment Complex Parking Lot and report back. It was moved by Davis, seconded by Gonzales, that Resolution No. 9779 be deferred. Motion carried. Councilman McCormick abstained and disqualified himself on this matter. RESOLUTION NO. 9781 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a First Restated and Amended Joint Exercise of Powers Agreement Among Members of the Southeast Cities Schools Coalition, Formerly the Southeast Local Educational Authority and Repealing Resolution No. 9708, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9781 be approved and adopted. Motion carried. RESOLUTION NO. 9782 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9641 Regarding the Payment of Premiums for Medical -Dental Insurance for Certain Categories of Retired Employees During the 2008-2009 Fiscal Year, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9782 be approved and adopted. Motion carried. RESOLUTION NO. 9783 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of Larry Walker, a Local Safety Member Formerly Employed By the City of Vernon (Government Code Sections 21154 and 21156), was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9783 be approved and adopted. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes December 1, 2008 RESOLUTION NO. 9784 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and PIPS Technology, Inc. Regarding License Plate Recognition Camera System for the Police Department Utilizing Buffer Zone Protection Grant Funds, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9784 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1254, covering claims and demands presented during the period of November 19 through November 25, 2008, drawn on Bank of America totaling $343,215.09, which includes Check Nos. 323252 through 323283, (Accounting period December 2008), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Warrant Register No. 1254, covering claims and demands totaling $343,215.09, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. The City Administrator advised that there were no wire transfers made for Warrant Register No. 1254. Warrant Register No. 1254, covering claims and demands presented during the period of November 19 through November 25, 2008, drawn on Bank of America totaling $332,512.59, which includes Check Nos. 323284 through 323333 (Accounting period December 2008), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1254, covering claims and demands totaling $332,512.59, be ratified. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 219, covering claims and demands presented during the period of November 19 through November 25, 2008, drawn on Bank of America totaling $2,269.48, which includes Check Nos. 506107 through 506114 (Accounting period December 2008), was presented. It was moved by McCormick, seconded by Gonzales, that the issuance of early checks for Light & Power Warrant Register No. 219, covering claims and demands totaling $2,269.48, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 219, covering claims and demands presented during the period of November 19 through November 25, 2008, drawn on Bank of America totaling $3,288,268.66, which includes Wire Nos. 4146 through 4151 (Accounting period December 2008), was presented. It was moved by Davis, seconded by McCormick, that wire transfers for Light & Power Warrant Register No. 219, covering claims and demands totaling $3,288,268.66, be ratified. Motion carried. Page 6 of 10 Regular City Council Meeting Minutes December 1, 2008 Light & Power Warrant Register No. 219, covering claims and demands presented during the period of November 19 through November 25, 2008, drawn on Bank of America totaling $116,004.08, which includes Check Nos. 506115 through 506125 (Accounting period December 2008), was presented. It was moved by Gonzales, seconded by Davis, that Light & Power Warrant Register No. 219 be approved and payment authorized for claims and demands totaling $116,004.08. Motion carried. Ratification of the issuance of early checks for Gas Warrant Register No. 10, covering claims and demands presented during the period of November 19 through November 25, 2008, drawn on Bank of America totaling $185.10, which includes Check Nos. 69 through 70 (Accounting period December 2008), was presented. It was moved by McCormick, seconded by Gonzales, that the issuance of early checks for Gas Warrant Register No. 10, covering claims and demands totaling $185.10, be ratified. Motion carried. The City Administrator advised that there were no wire transfers made for Gas Warrant Register No. 10. Gas Warrant Register No. 10, covering claims and demands presented during the period of November 19 through November 25, 2008, drawn on Bank of America totaling $16,618.40, which includes Check Nos. 71 through 74 (Accounting period December 2008), was presented. It was moved by Davis, seconded by McCormick, that Gas Warrant Register No. 10 be approved and payment authorized for claims and demands totaling $16,618.40. Motion carried. The City Administrator announced that this was the time to hold the discussion regarding City -owned housing to be occupied by Police, Fire, Health, Electric Service and Gas Personnel, and the City Treasurer, and all necessary and appropriate changes to be made in existing City -owned housing. The City Administrator advised that he was currently compiling all documents related to City housing for the City Council to review at a future meeting. The City Administrator announced that this was the time for elected officials to report on conferences/seminars attended during the period of November 24 through November 30, 2008. It was reported that Elected Officials did not attend any conferences/seminars during the period of November 24 through November 30, 2008. The City Administrator announced that this was the time for reports from departments. Page 7 of 10 Regular City Council Meeting Minutes December 1, 2008 The Fire Chief thanked the City Council for granting the additional holidays for Christmas and New Year's, and reported on the following matters: 1. Captain Richens involvement with the "Spark of Love" toy drive. 2. Interview process for the new Regional Training Officer position. 3. Filming on December 1 and 2, 2008, involving a helicopter at Norris Industries for the television series, "24." The Chief of Police thanked the City Council for the additional holidays. The City Treasurer thanked the City Council for the additional holidays. The Director of Personnel thanked the City Council for the additional holidays and reminded everyone about the upcoming Holiday Party on Thursday, December 4, 2008. The Finance Director thanked the City Council for the additional holidays and advised that the audited financial statements for the 2007-2008 fiscal year would be ready by mid December. The Risk Manager thanked the City Council for the additional holidays and reported on the following: 1. Open enrollment for the City's insurance plans offered to employees was scheduled to end on December 4, 2008. 2. Voluntary life insurance with the new provider, Lincoln National Life Insurance Company. 3.Discussion at the previous safety meeting regarding the impact of Halloween decorations/set-ups on general safety. The Director of Environmental Health thanked the City Council for the additional holidays and provided an update on the disposal of fluorescent light bulbs and associated costs. following: The Director of Light & Power reported on the 1. Scheduled outage that occurred in late November 2008. 2. Wind/Solar Project, including significant interest expressed by other parties. 3. Refinancing of the Gas Bonds. 4. City's position on recent decreases in the cost of gas and power. 5. Justification of the recent increase in the City's electrical rates approved at the November 24th City Council Meeting, including the loss of revenue resulting from increases in energy costs since January 2008. Page 8 of 10 Regular City Council Meeting Minutes December 1, 2008 The Director of Community Services thanked the City Council for the additional holidays and reported on the following: 1. Recent expiration of the moratorium on new truck terminals. He recommended the Zoning Ordinance be redrafted to prevent the establishment of new truck terminals within the City. 2. City's process for the disposal of fluorescent light bulbs and associated costs. 3. Future Power Point presentation on the anticipated drought and water storage. The Director of Human Resources provided an update on the resolution consolidating all employee benefits and providing for the administration of those benefits, which would be presented at a future meeting. The City Attorney had nothing to report at this time. The City Clerk thanked the City Council for the additional holidays and advised of her intention to form a network of City Clerks from neighboring cities. The City Administrator reported on the following: 1. The need to prepare a resolution to send to Ca1PERS clarifying the tax -deferred status of contributions. 2. Ca1PERS position in the collapsed financial market. 3. Criminal trial of Bruce V. Malkenhorst scheduled to commence January 26, 2009. 4. Upcoming meeting with Citigroup regarding the refinancing of the Gas Bonds, the City's current financial position, and the status of the financial market. The City Council had nothing to report at this time. The Mayor called a short recess at 11:58 a.m. The City Council reconvened in regular session at 12:05 p.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 Davis, that the City Council go into closed session, the time being 12:24 p.m. Motion carried. Everyone was excluded from closed session, with the exception of the City Administrator, City Attorney, Director of Human Resources, Risk Manager, and Director of Personnel. The Director of Light at 12:29 p.m. at the request of excused at 1:00 p.m. & Power entered closed session the City Council, and was The Director of Personnel was excused from closed session at 12:32 p.m. Page 9 of 10 Regular City Council Meeting Minutes December 1, 2008 The City Attorney, Director of Human Resources, and Risk Manager were excused from closed session at 1:08 p.m. It was moved by McCormick, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 1:35 p.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 evaluations for the following employees were reviewed: 1. Renan Castro, Utilityman I, step 3, for the period of December 2007 through December 2008. 2. Robin Tolmasoff, Executive Secretary to the Director of Light & Power, step 5, for the period of December 2007 through November 2008. 3. Jose Uriarte, Utilityman II, step 3 for the period of November 2007 through November 2008. 4. Cynthia Mireles, Administrative Assistant, step 9, for the period of December 2007 through November 2008. It was reported out that the City Council had a conference in closed session with legal counsel regarding three potential cases of litigation pursuant to subdivision (b) of Government Code Section 54956.9. The claim of Elvira Grant was accepted, the claim of AT&T was denied, and 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 two potential cases of litigation pursuant to subdivision (c) of Government Code Section 54956.9, and no action was taken with regard to said matters. There being no further business to come before the City Council at this time, it was moved by Gonzales, seconded by McCormick, that the meeting be adjourned, the time being 1:35 p.m. Motion carried. ATTEST: Nanuela Giron City Clerk Name , Leoni sNC . Mal]Surg Title: Mayor Page 10 of 10