Loading...
20090202 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, FEBRUARY 2, 2009, AT 10:07 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Davis, McCormick, Maisano MEMBERS ABSENT: Gonzales The meeting was called to order by Mayor Malburg. The City Administrator announced that an Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957, was brought to his attention after the agenda was posted. It is necessary that a vote be taken to find that there is a need to take immediate action and that said matter be added to the closed session portion of today's agenda. It was moved by McCormick, seconded by Davis, to add the Employee Discipline/Dismissal/Release matter to the closed session of today's agenda. Motion carried. Ayes: Malburg, Noes: None Absent: Gonzales Abstained: None Davis, McCormick, Maisano It was moved by Davis, seconded by Maisano that the Minutes of the Regular City Council Meeting held January 26, 2009, be approved and adopted as submitted. Motion carried. The City Administrator announced that this was the time to present the Service Pins. employees: The Mayor presented Service Pins to the following Employee Name Job Title Years 1. Inez Aragon Police Detective 20 2. Carlos Fandino Transmission & Dist Mgr 20 3. Maria Garcia Police Officer 10 The following employees were unable to attend the meeting. Their Service Pins were forwarded to them. Employee Name Job Title Years 1. Manuel Morales Utilityman III 20 2. Glenn Burdick Electronics Technician 20 3. Jerry Chavez Sergeant 15 Time allotted for anyone in the audience who wishes to address the City Council on agenda and 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. Regular City Council Meeting Minutes February 2, 2009 Mr. Richard Ryan, District Director of the Office of Assembly Member John Perez, addressed the City Council to express the intent of Assemblyman Perez to work close with the City on those matters that the City would like to address at the State level. Miguel Martinez, Field Representative of the Office of Assembly Member John Perez, also addressed the City Council and made himself available to assist with any concerns the City might have. The Consent Calendar was presented. CONSENT CALENDAR City Treasurer's Department 1. Ratification of the following warrant register to record the following voided check: a. Warrant Register No. 1258 to record voided Check No. 323974 in the amount of 338.68 issued to State Board of Equalization on January 26, 2009. 2. Ratification of City of Vernon Requisitions from the Remediation Proceeds Fund Custody Escrow Account No. 800460 covering claims and demands presented during the period of December 39, 2 0 ^v v 8 chreugh j^ _}ary-20,2 November 19, 2008 through January 11, 2009, drawn on The Bank of New York Mellon Corporation totaling $337,632.77, which includes Requisition No. RPF027. (This is a correction to item number 4 on the Consent Calendar of the January 26, 2009 City Council Meeting Agenda, which referenced the incorrect period.) 3. Ratification of City of Vernon Requisitions from the Remediation Proceeds Fund Custody Escrow Account No. 800460 covering claims and demands presented during the period of January 12 through January 27, 2009, drawn on The Bank of New York Mellon Corporation totaling $1,168,305.00, which includes Requisition No. RPF028. 4. City of Vernon Report of Cash and Investments for Quarter Ending December 31, 2008, to be received and filed. End of Consent Calendar It was moved by Davis, seconded by Maisano, that the matters on the Consent Calendar be approved as recommended. Request from the Director of Community Services to ratify the issuance of a purchase order to Moine Bros in the approximate cost of $10,600.00 for the replacement of the secondary containment pans of the underground fuel storage tanks located at the City Yard, was presented. It was moved by McCormick, seconded by Maisano, to ratify the issuance of a purchase order to Moine Bros in the approximate cost of $10,600.00 for the replacement of the secondary containment pans of the underground fuel storage tanks located at the City Yard. Motion carried. Page 2 of 11 Regular City Council Meeting Minutes February 2, 2009 Request from the Chief of Police for authorization to issue a purchase order to Simplex -Grinnell in the approximate amount of $10,480.00 for an interview management system, was presented. It was moved by Davis, seconded by McCormick, to authorize the issuance of a purchase order to Simplex -Grinnell in the approximate amount of $10,480.00 for an interview management system. Motion carried. Request from the Director of Community Services for approval of a fully executed Grant Deed from 2720 Soto LLC for the property located at 2600 Soto Street, and authorization for the Mayor to execute the Certificate of Acceptance for said Grant Deed, was presented. It was moved by McCormick, seconded by Davis, to approve a fully executed Grant Deed from 2720 Soto LLC for the property located at 2600 Soto Street, and authorized the Mayor to execute the Certificate of Acceptance for said Grant Deed. Motion carried. RESOLUTION NO. 9835 - A Resolution of the City Council of the City of Vernon Appointing Members and Alternate Members to Represent the City of Vernon on the Board of Directors of County Sanitation District -Nos. 1, 2 and 23, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9835 be approved and adopted. Motion carried. RESOLUTION NO. 9836 - A Resolution of the City Council of the City of Vernon Appointing the City's Delegate and Alternate Delegate on the Board of Directors of the Independent Cities of Los Angeles County, was read by title. It was moved by Davis, seconded by Maisano, that Resolution No. 9836 be approved and adopted. Motion carried. RESOLUTION NO. 9837 - A Resolution of the City Council of the City of Vernon Appointing the City's Delegate and Alternate Delegate on the Board of Directors of the California Contract Cities Association, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9837 be approved and adopted. Motion carried. RESOLUTION NO. 9838 - A Resolution of the City Council of the City of Vernon Appointing the City's Representative and Alternate Representatives on the Board of Directors of the Gateway Cities Council of Governments, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9838 be approved and adopted. Motion carried. RESOLUTION NO. 9839 - A Resolution of the City Council of the City of Vernon Appointing the City's Delegate and Alternate Delegates on the Board of Directors of the League of California Cities and at Various Conferences of the League, was read by title. Page 3 of 11 Regular City Council Meeting Minutes February 2, 2009 It was moved by Davis, seconded by Maisano, that Resolution No. 9839 be approved and adopted. Motion carried. RESOLUTION NO. 9840 - A Resolution of the City Council of the City of Vernon Appointing the City's Representatives and Alternate Representatives in the General Assembly of Southern California Association of Governments, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9840 be approved and adopted. Motion carried. RESOLUTION NO. 9841 - A Resolution of the City Council of the City of Vernon Appointing a Representative and Alternate Representative to the Directorate of the Central Basin Water Association, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9841 be amended to include the Director of Community Services or his designee as an alternate and Resolution No. 9841, as amended, be approved and adopted. Motion carried. RESOLUTION NO. 9842 - A Resolution of the City Council of the City of Vernon Appointing the City of Vernon's Representatives to the Southeast Water Coalition and to Various Water Meetings to Represent the City's Interests, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9842 be approved and adopted. Motion carried. RESOLUTION NO. 9843 - A Resolution of the City Council of the City of Vernon Appointing the City's Member and Alternate Member to the Board of Directors of the Southeast Community Development Corporation Board of Directors, was read by title. It was moved by Maisano, seconded by Davis, that Resolution No. 9843 be approved and adopted. Motion carried. RESOLUTION NO. 9844 - A Resolution of the City Council of the City of Vernon Appointing the City's Representative and Alternate Representative to the Board of Directors of the Independent Cities Lease Finance Authority, was read by title. It was moved by Davis, seconded by Maisano, that Resolution No. 9844 be approved and adopted. Motion carried. RESOLUTION NO. 9845 - A Resolution of the City Council of the City of Vernon Appointing a Representative and Alternate Representative to Represent the City of Vernon on the Board of Directors of the Southern California Public Power Authority, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9845 be approved and adopted. Motion carried. RESOLUTION NO. 9846 - A Resolution of the City Council of the City of Vernon Appointing Representatives to Serve on the Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities, was read by title. Page 4 of 11 Regular City Council Meeting Minutes February 2, 2009 It was moved by Davis, seconded by Maisano, that Resolution No. 9846 be approved and adopted. Motion carried. RESOLUTION NO. 9847 - A Resolution of the City Council of the City of Vernon Appointing a Representative and Alternate Representative on the Board of Directors of the I-710 EIR/EIS Project Committee, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9847 be approved and adopted. Motion carried. RESOLUTION NO. 9848 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Memorandum of Understanding Regarding Hazardous Materials Incidents By and Between the City of Vernon and the Cities of Long Beach and Santa Fe Springs, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9848 be approved and adopted. Motion carried. RESOLUTION NO. 9849 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Tolling Agreement By and Between the City of Vernon and BKK Working Group Regarding the BKK Corporation Landfill Facility Consent Decree, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9849 be approved and adopted. Motion carried. RESOLUTION NO. 9850 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a WSCC Region OATI ETS Customer Agreement By and Between the City of Vernon and Open Access Technology International, Inc., was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9850 be approved and adopted. Motion carried. RESOLUTION NO. 9851 - 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 Freddie Taylor, was read by title. It was moved by Maisano, seconded by Davis, that Resolution No. 9851 be approved and adopted. Motion carried. RESOLUTION NO. 9852 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a First Amendment to Loan Agreement By and Between the City of Vernon and East West Bank and Related Documents, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9852 be approved and adopted. Motion carried. RESOLUTION NO. 9853 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9753 Regarding Matching Fund Drive Program for Kindergarten Outdoor Play Equipment at the Vernon City Elementary School, was read by title. Page 5 of 11 Regular City Council Meeting Minutes February 2, 2009 It was moved by Maisano, seconded by McCormick, that Resolution No. 9853 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1259, covering claims and demands presented during the period of January 21 through January 27, 2009, drawn on Bank of America totaling $377,293.55, which includes Check Nos. 323988 through 324016, (Accounting period February 2009), was presented. It was moved by McCormick, seconded by Maisano, that the issuance of early checks for Warrant Register No. 1259, covering claims and demands totaling $377,293.55, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Warrant Register No. 1259, covering claims and demands presented during the period of January 21 through January 27, 2009, drawn on Bank of America totaling $131,480.00, which includes Wire No. 301 (Accounting period February 2009), was presented. It was moved by Davis, seconded by Maisano, that wire transfers for Warrant Register No. 1259, covering claims and demands totaling $131,480.00 be ratified. Motion carried. Warrant Register No. 1259, covering claims and demands presented during the period of January 21 through January 27, 2009, drawn on Bank of America totaling $156,717.32, which includes Check Nos. 324017 through 324082 (Accounting period February 2009), was presented. It was moved by McCormick, seconded by Davis, that Warrant Register No. 1259 be approved and payment authorized for claims and demands totaling $156,717.32. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 224, covering claims and demands presented during the period of January 21 through January 27, 2009, drawn on Bank of America totaling $656.84, which includes Check Nos. 506246 through 506251 (Accounting period February 2009), was presented. It was moved by McCormick, seconded by Maisano, that the issuance or early checks for Light & Power Warrant Register No. 224, covering claims and demands totaling $656.84, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Light & Power Warrant Register No. 224, covering claims and demands presented during the period of January 21 through January 27, 2009, drawn on Bank of America totaling $3,040,074.45, which includes Wire Nos. 4194 through 4204 (Accounting period February 2009), was presented. It was moved by McCormick, seconded by Davis, that wire transfers for Light & Power Warrant Register No. 224, covering claims and demands totaling $3,040,074.45, be ratified. Motion carried. Page 6 of 11 Regular City Council Meeting Minutes February 2, 2009 Light & Power Warrant Register No. 224, covering claims and demands presented during the period of January 21 through January 27, 2009, drawn on Bank of America totaling $25,272.42, which includes Check Nos. 506252 through 506261 (Accounting period February 2009), was presented. It was moved by Davis, seconded by Maisano, that Light & Power Warrant Register No. 224 be approved and payment authorized for claims and demands totaling $25,272.42. Motion carried. The City Administrator advised that there were no early checks issued for Gas Warrant Register No. 15. Ratification of wire transfers for Gas Warrant Register No. 15, covering claims and demands presented during the period of January 21 through January 27, 2009, drawn on Bank of America totaling $3,377,689.33, which includes Wire No. 15 (Accounting period February 2009), was presented. It was moved by McCormick, seconded by Maisano, that wire transfers for Gas Warrant Register No. 15, covering claims and demands totaling $3,377,689.33, be 'ratified. The City Administrator advised there were no regular printed checks issued for Gas Warrant Register No. 15. The City Administrator announced that this was the time to hold the discussion of 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. following: The City Administrator reported details on the • The housing requests to be addressed on the February 9, 2009 Council meeting. • The five 60-day notices in the process of being delivered to the Huntington Park city tenants and of which the 60-day period will begin from the time the notice is received by the corresponding tenant. • Update of the carpeting of the city apartments. • The apartment's parking lot project currently awaiting for proof of insurance from the contractor in order to proceed. • A request received from U.S. Growers to meet with the Mayor regarding the matter of ammonia release requirement imposed by the Los Angeles County Sanitation Districts LACSD). Kevin Wilson provided a detailed summary on the matter and the new ammonia release process being implemented by the LACSD that would affect U.S. Growers financially. The Mayor responded that the U.S. Growers matter should be addressed to the LACSD. Page 7 of 11 Regular City Council Meeting Minutes February 2, 2009 The City Administrator announced that this was the time for elected officials to report on conference/seminars attended during the period of January 26 through February 1, 2009. It was reported that Elected Officials did not attend any conferences/seminars during the period of January 26 through February 1, 2009. The City Administrator announced that this was the time for reports from departments. The Fire Chief reported on the following: • The favorable article of the City published by "LA OPINION" on January 26, 2009, in which one Fire Engineer was interviewed. • Update of the Community Emergency Response Training (CERT) program that would be ready for delivery in April 2009. The Police Chief reported about a letter to the City Administrator regarding the incident with a bicyclist and the department's effort to avoid similar future incidents. The City Treasurer had nothing to report. The Director of Personnel reported on the successful outcome of the Ca1PERS seminar held January 27, 2009, and upcoming CalPERS and ICMA seminars in the near future. The Director of Finance reported on the ongoing review of financial statements for the last six month period and the upcoming review of the same for the Redevelopment Agency. following: following: The City Clerk had nothing to report. The Director of Environmental Health reported on the • Upcoming e-waste collection event on April 7, 2009. • An amendment to the Haz Mat reporting Ordinance currently being reviewed by the City Attorney. • Summary of the Owens-Illinois tour held on January 29, 2009, and the commendable comments made by Owens-Illinois on the city and its staff. The Director of Community Services reported on the • The two-day evaluation by the Office of Traffic Safety of the city's traffic system to be held next week. • Details related to the Grant Deed from 2720 Soto LLC on this agenda for the purpose of widening Soto Street. • The illumination of the elevated water tank on January 29, 2009, of which photos will be presented at the next meeting. Page 8 of 11 Regular City Council Meeting Minutes February 2, 2009 presented at the next meeting. The Director of Human Resources advised that the Risk Manager and staff are attending a Risk Management Convention being held in Palm Springs through Wednesday, February 4, 2009. She also advised that she would be attending the convention this afternoon to set up independent meetings with insurance brokers. The City Attorney distributed the English version of the article published by LA OPINION on January 26, 2009. Councilman Davis asked that the Director of Community Services coordinate with his staff to attend the Gateway Cities meeting to be held on February 5, 2009 in his absence. Mayor Malburg handed to the City Administrator a letter from the International Paper regarding the layoff of 98 of its employees. He also reported on the communication received from the Mayor of Los Angeles, Villaraigosa, regarding the proposed Federal Funds on a per capita basis. Councilman McCormick reported that former Chief of Police Spencer Hogan who served the City from 1955 to 1980, had passed away yesterday. The City Administrator reported on the following: • Distributed a Gas Bond's pricing matrix and provided detailed information regarding the refinancing of the gas debt. • The request from Bowers Ambulance Service for a solution to their existing contract by March 1, 2009, of an approximately $300,000.00 loss on their part and advised that the Fire Chief is working on the matter. • The letter received from !iT Jeans, a jean manufacturer located on Santa Fe Avenue inviting the City Council on a tour of its design facility. The Mayor called a short recess at 11:10 a.m. The City Council reconvened in regular session at 11:28 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 Davis, that the City Council go into closed session, the time being 11:28 a.m. Everyone was excluded from closed session, with the exception of the City Administrator, City Attorney, Director of Human Resources, Director of Personnel, and the Chief of Police. 11:39 a.m. The Chief of Police was excused from closed session at Page 9 of 11 Regular City Council Meeting Minutes February 2, 2009 The Director of Personnel was excused from closed session at 12:05 p.m. It was moved by McCormick, seconded by Davis to go out of closed session at 12:45 p.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding one Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957, and the recommendation of the Chief of Police with regard to said matter was approved. It was reported out that the City Council had a conference in closed session regarding three Employee Evaluation matters pursuant to Government Code Section 54957, for the following employees: 1. Wilfredo Lopez, Meter Reader, for the period of December 2007 through December 2008. 2. Rafael Cortes, Jr., Utilityman II, for the period September 2008 through December 2008. 3. Yin Lan "Laney" Wang, Senior Accountant, for the period of January 2008 through December 2008. There was no action taken in closed session on the following Employee Evaluation matters, as they were approved at the meeting held January 26, 2009, but were inadvertently placed on the closed session agenda. deferred: 4. Deputy Director of Community Services & Water 5. Senior Administrative Assistant 6. Senior Dispatcher The following Employee Evaluation matters were 7. Director of Health & Environmental Health 8. Director of Human Resources 9. City Administrator 10. Finance Director 11. City Attorney/Director of Industrial Development 12. Assistant Director of Industrial Development 13. Risk Manager 14. Director of Personnel/Director of Business Services & Purchasing 15. Chief of Police 16. Fire Chief 17. Director of Community Services & Water 18. Director of Light & Power 19. City Treasurer 20. City Clerk It was reported out that the City Council had a conference in closed session with legal counsel regarding the following existing litigation cases pursuant to subdivision (a) of Government Code Section 54956.9 and no action was taken on any of the cases. 1. Huff, et al. v. Malkenhorst; Giron v. Huff, et al.; LASC No. BS 101423, Court of Appeal Case No. B194722 Page 10 of 11 Regular City Council Meeting Minutes February 2, 2009 2. Venegas, et al. v. County of Los Angeles, et al.; LASC No. BC 207136 3. Marin, et al. v. Vernon, LASC No. VC 052176 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 § 54956.9, and no action was taken on any of the matters. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Maisano, that the meeting be adjourned, the time being 12:45 p.m. Motion carried. ATTEST: Manuela Giron City Clerk Na e. Leonis Malburg Title: Mayor Page 11 of 11