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20090316 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, MARCH 16, 2009, AT 10:03 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, McCormick, Maisano, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. The City Administrator advised that there were no changes to the agenda. It was moved by Gonzales, seconded by McCormick that the Minutes of the Regular City Council Meeting held March 9, 2009, be approved and adopted as submitted. Motion carried. Councilman Davis abstained and disqualified himself on this matter. The City Administrator announced that this was the time to present a Service Pin. The Mayor presented and pinned a Service Pin on Councilman McCormick's jacket and congratulated him on behalf of the entire City Council for his 35 years of service with the City. The City Administrator announced that this was the time allotted for anyone in the audience who wished 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. Mr. Rod Hamilton with the Los Angeles Unified School District (LAUSD) addressed the City Council seeking their support in the construction of a new high school in the Southeast Region and provided them with a copy of the LAUSD Information packet. The Mayor asked is there was anyone else who wished to address the City Council at this time. There was no one wishing to address the City Council at this time. The City Administrator announced that this was the time to open the public hearing to consider the adoption of an amendment to the Budget for the City of Vernon for Fiscal Year 2008-2009. The City Administrator addressed the City Council and summarized all the proposed budget amendments related thereto. Councilman Gonzales asked if the proposed legal counsel for Light & Power would relieve some other attorney fees. Regular City Council Meeting Minutes March 16, 2009 The Director of Light & Power informed the City Council that an in-house utility attorney would increase the efficiency and coordination of Light&Power issues and would cut costs of legal fees but not in its entirety. The Mayor asked if there was anyone else who wished to address the City Council on this matter. There was no one else who wished to address the City Council on this matter. - It was moved by McCormick, seconded by Gonzales, to open the public hearing to consider the adoption of an amendment to the Budget for the City of Vernon for Fiscal Year 2008-2009, the time being 10:15 a.m. Motion carried. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one who wished to address the City Council on this matter. It was moved by Davis, seconded by Maisano, to close the public hearing to consider the adoption of an amendment to the Budget for the City of Vernon for Fiscal Year 2008-2009, the time being 10:28 a.m. Motion carried. RESOLUTION NO. 9885 - A Resolution of the City Council of the City of Vernon 2009 Amending Resolution No. 9638, Which Approved a Budget for the Fiscal Year 2008-2009, to Reflect Changes (Amendment No. 4), was read by title. It was moved by McCormick, seconded by Gonzales that Resolution No. 9885 be approved and adopted. Motion carried. The consent calendar was presented. CONSENT CALENDAR Community Services & Water 1. The 2008 Annual Report of the Community Services & Water Department, to be received and filed. Personnel Department 2. Granting of merit step increase to the following employee as specified: a. Krystal Medina, Administrative Assistant, from step 10 to step 9, effective 3/29/09. End of Consent Calendar It was moved by Davis, seconded by Gonzales, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request from Director of Light & Power for authorization of Andrei Yermakov, Information Technology Manager, to approve and process documents related to the IT Department in an amount not to exceed $5,000, was presented. Page 2 of 10 Regular City Council Meeting Minutes March 16, 2009 It was. moved by Gonzales, seconded by Davis, that authorization be given to Andrei Yermakov, Information Technology Manager, to approve and process documents related to the IT Department in an amount not to exceed $5,000. Motion carried. Request from Director of Community Services to ratify the execution of Service Contract with 1st Alert for testing of all the secondary containment systems, which surround the City owned storage fuel tanks, required to be completed prior to April 2009. It was moved by McCormick, seconded by Maisano, to ratify the execution of Service Contract with 1st Alert for testing of all the secondary containment systems, which surround the City owned storage fuel tanks, required to be completed prior to April 2009. Motion carried. Request for authorization for four Councilmen and one City Consultant to attend the 116th Renewable Energy Finance Forum -Wall Street", in New York City, New York on June 22-25, 2009, and have the costs approved at a subsequent City Council meeting, was presented. It was moved by Gonzales, seconded by McCormick, that authorization be given for four Councilmen and one City Consultant to attend the "6th Renewable Energy Finance Forum -Wall Street", in New York City, New York on June 22-25, 2009, and have the costs approved at a subsequent City Council meeting. Motion carried. Request for authorization for all Councilmen and one City Consultant to attend the California Contract Cities Association (CCCA) 50th Annual Municipal Seminar, in Indian Wells, California on May 13-17, 2009, and for the disbursement of funds for registration, transportation, lodging, and other related expenses at a total cost not to exceed $13,000.00, was presented. It was moved by McCormick, seconded by Davis, that authorization be given for all Councilmen and one City Consultant to attend the California Contract Cities Association (CCCA) 50th Annual Municipal Seminar, in Indian Wells, California on May 13-17, 2009, and for the disbursement of funds for registration, transportation, lodging, and other related expenses at a total cost not to exceed $13,000.00. Motion carried. RESOLUTION NO. 9884 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals. or Bids for the Purchase of One 2009 Chevrolet Tahoe for the Police Department, was read by title. It was moved by Davis, seconded by Maisano, that Resolution No. 9884 be approved and .adopted. Motion carried. RESOLUTION NO. 9886 - A Resolution of the City Council of the City of Vernon Appointing Eric T. Fresch to Serve as the Special Counsel of the City of Vernon, was read by title.. It was moved by Gonzales, seconded by Davis, that resolution No. 9886 be approved and adopted. Motion carried. Page 3 of 10 Regular City Council Meeting Minutes March 16, 2009 RESOLUTION NO. 9887 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment Number Three to Amended and Restated Employment Agreement By and Between the City of Vernon and Eric T. Fresch, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9887 be approved and adopted. Motion carried. RESOLUTION NO. 9888 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9639 by Amending Schedule Nos. III, V, VIII, XIII and XVII of Said Resolution and Adding Schedule Nos. XXIV and XXV to Said Resolution Regarding the Compensation, Costs and Benefits of Its Employees (Amendment No. 6), was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9888 be approved and adopted. Motion carried. RESOLUTION NO. 9889 - A Resolution of the City Council of the City of Vernon Appointing Donal O'Callaghan to the Position of Director of the Utilities & Government Infrastructure Department,,was read by title. It was moved by Davis, seconded by Maisano, that Resolution No. 9889 be approved and adopted. Motion carried. RESOLUTION NO. 9890 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment Number One to Employment Agreement By and Between the City of Vernon and Donal O'Callaghan, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9890 be approved and adopted. Motion carried. RESOLUTION NO. 9891 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and Barclays Capital Inc Regarding Power Resource Assets and Repealing Resolution No. 9777, was read by title. Mr. Richard Ryan, from the, Office of Assemblyman Perez, addressed the City Council to request, on behalf of Assemblyman Perez, that Resolution No. 9891 be deferred due to the lack of a staff report supporting such Resolution. The City Administrator advised that all the information pertinent to the matter was on the agreement letter attached as an exhibit to the Resolution. Mr. Ryan stated that the information on the agenda packet did not help the public identify how the.item in question made it on the agenda. The City Attorney advised that there was no staff report for this particular resolution; therefore, there was no staff report in the packet and no public record existed. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9891 be approved and adopted. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes March 16, 2009 RESOLUTION NO. 9892 - A Resolution of the City Council of the City of.Vernon Amending Exhibit B of Resolution No. 9697 Relating to the Fuel Cost Adjustment Billing Factor Computation Sheet, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9892 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1263, covering claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling $435,168.33, which includes Check Nos. 324614 through 324644, (Accounting period March 2009), was presented. It was. moved by Gonzales, seconded by Davis, that the issuance of early checks for Warrant Register 1263, covering claims and demands totaling $435,168.33, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1263, covering claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling. $200.00, which includes Wire No. 310, (Accounting period March 2009), was presented. It was moved by McCormick, seconded by Maisano, that wire transfers for Warrant Register No. 1263, covering claims and demands totaling $200.00 be ratified. Motion carried. Warrant Register No. 1263, covering claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling $177,142.72, which includes Check Nos. 324645 through 324730 (Accounting period March 2009), was presented. It was moved by Gonzales, seconded by Davis, that Warrant Register No. 1263 be approved and payment authorized for claims and demands totaling $177,142.72. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 228, covering claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling $6,866.86, which includes Check Nos. 506357 through 506363 (Accounting period March 2009), was presented. It was moved by Gonzales, seconded by Maisano, that the issuance of early checks for Light & Power Warrant Register No. 228, covering claims and demands totaling $6,866.86, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 228, covering claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling $1,090,375.55, which includes Wire Nos. 4237 through 4241 (Accounting period March 2009), was presented. Page 5 of 10 Regular City Council Meeting Minutes March 16, 2009 It was moved by McCormick, seconded by Maisano, that wire transfers for Light & Power Warrant Register No. 228, covering claims and demands totaling $1,090,375.55, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Light & Power Warrant Register No. 228, covering. claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling $17,724.21, which includes Check Nos. 506364 through 506378 (Accounting period March 2009), was presented. It was moved by Davis, seconded by Gonzales, that Light & Power Warrant Register No. 228 be approved and payment authorized for claims and demands totaling $17,724.21. Motion carried. Ratification of the issuance of early checks for Gas Warrant Register No. 19, covering claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling $76.17, which includes Check No. 119 (Accounting period March 2009), was presented. It was moved by McCormick, seconded by Maisano, that the issuance of early checks for Gas Warrant Register No. 19, covering claims and demands totaling $76.17, be ratified. Motion carried. Ratification of wire transfers for Gas Warrant Register No. 19, covering claims and demands presented during the period of March 4 through March 10, 2009, drawn on Bank of America totaling $128,237.28, which includes Wire No. 20 (Accounting period March 2009), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Gas Warrant Register No. 19, covering claims and demands totaling. $128,237.28, be ratified. Motion carried. The City Administrator announced that there were no regular checks for Gas Warrant Register No. 19.' Request from the City Administrator for authorization to incur additional expenses at a rate of $50 per hour for administrative services, was presented. It was moved by Gonzales, seconded by Maisano, that the request for authorization to incur additional expenses at a rate of $50 per hour for administrative services 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 March 9 through March 15, 2009. It was reported that Elected Officials did not attend any conferences/seminars during the period of March 9 through March 15, 2009. The City Administrator announced that this was the time for reports from departments. Page 6 of 10 Regular City Council Meeting Minutes March 16, 2009 The Fire Chief addressed the following: • The Alameda Corridor drill that took place over the weekend simulating a vehicle running over the corridor's embankment. • Congratulated Councilman McCormick on his 35 years of service with the City. The Police Chief congratulated Councilman McCormick on his 35 years of service with the City. The City Treasurer congratulated Councilman McCormick on his 35 years of service with the City. The Director of Personnel congratulated Councilman McCormick on his 35 years of service with the City. The Director of Finance congratulated Councilman McCormick on his 35 years of service with the City. The Risk Manager congratulated Councilman McCormick on his 35 years of service with the City. The City Clerk congratulated Councilman McCormick on his 35 years of service with the City. following: The Director of Environmental Health reported on the • The E-WASTE event to take place April 7, 2009 from 10:00 a.m. - 2:00 p.m. at Fire Station #1. • Congratulated Councilman McCormick on his 35 years of service with the City. The Director of Community Services & Water reported on the following: • Sought direction on whether or not an avocado tree should be removed from the City's apartment parking lot due to the root damage it incurred during the construction of the parking lot. The entire Council agreed to have the tree removed and replaced by another type of tree. • A variance application to come forth in the near future from Dunn Edwards. • Sought direction on the current graffiti removal process and provided an estimated cost for the removal of graffiti in its entirety, not just the graffiti visible from the right-of-way, of $120,000 per year. The entire Council agreed on amending.the current graffiti removal process to include the removal of graffiti in its entirety with its respective cost. • Update of the proposed County Tax for Storm Water Quality Improvements and the intent from various cities to request 900 of the paid tax. Page 7 of 10 Regular City Council Meeting Minutes March 16, 2009 following: following: • Advised that the fuel island is back in full operation. • The availability of Public Transportation Infrastructure funds and the department's intent to apply for said funds to repair 25th and 26th Streets. • Congratulated Councilman McCormick on his 35 years of service with the City. The Director of Light & Power reported on the • The outage at 2:30 a.m. this morning. • The Malburg Generating Station (MGS) capacity/performance testing final report to be received in April. • Gas. Bonds refinancing process. • Looking for qualified takers of the Pre -paid Gas. • Congratulated Councilman McCormick on his 35 years of service with the City. The Director of Human Resources reported on the • Update of the resolution regarding employer - employee policies to come forth soon. • Congratulated Councilman Maisano and Councilman McCormick for volunteering their time in schools. • Congratulated Councilman McCormick on his 35 years of service with the City. The City Attorney congratulated Councilman McCormick for his 35 years of service with the City and congratulated Donal O'Callaghan on his appointment to Director of Utilities & Infrastructure Department. The Mayor called a short recess at 11:23 a.m. The City Council reconvened in regular session at 11:34 a.m., all members present before the recess again being present. The City Administrator announced that.this was the time to go into closed session. It was moved by Gonzales, seconded by Maisano, that the City Council go into closed session, the time being 11:34 a.m. Everyone was excluded from closed session, with exception of the City Administrator, City Attorney, Director of Human Resources, Risk Manager, and Director of Personnel. The Director of Personnel was excused from closed session at 11:44 a.m. It was moved by McCormick, seconded by Maisano to go out of closed session at 11:46 a.m. Motion carried. Page 8 of 10 Regular City Council Meeting Minutes March 16, 2009. It was reported out and clarified that the agenda erroneously indicated an Appointment rather than a Public Employment matter for the position of Firefighter/Paramedic Coordinator, pursuant to Government Code 54957, and approval was granted to hire Bryan Woodruff as Firefighter/Paramedic Coordinator, effective March 23, 2009. It was reported out that the City Council had a conference in closed session regarding one Employee Appointment matter pursuant to Government Code 54957, and approval was given for the reclassification of Kristen Enomoto, from Assistant to the City Administrator, step 2, to Council Department Manager, step 5, effective March 16, 2009. 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, for the following employees: • Adriana Ramos, Account Clerk, for the period of April 2008 through March 2009. • Marianne Vazquez, Account Clerk, for the period of April 2008 through March 2009. • Richard Recano, Systems Coordinator I, for the period of April 2008 through February 2009. • Janette Barcelo, Dispatcher, for the period of April 2008 through February 2009. . It was reported out that the City Council had a conference in closed session regarding three potential cases of litigation pursuant to subdivision (b) of Government Code Section 54956.9, and approval was granted for the Elvira Grant case, and no action was taken on the other two cases. OPEN SESSION Request to hire Bryan Woodruff as Firefighter/Paramedic Coordinator, step 3, effective March 23, 2009. It was moved by Gonzales, seconded by Davis, that the request to hire Bryan Woodruff as Firefighter/Paramedic Coordinator, step 3, effective March 23, 2009, be approved. Motion carried. Request to reclassify Kristen Enomoto, from Assistant to the City Administrator, step 2, to the Council Department Manager, step 5, effective March 16, 2009. It was moved by McCormick, seconded by Maisano, that the request to reclassify Kristen Enomoto, from Assistant to the City Administrator, step 2, to the Council Department Manager, step 5, effective March 16, 2009, be approved. Motion carried. 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 11:49 a.m. Motion carried. Page 9 of 10 Regular City Council Meeting Minutes March 16, 2009 ATTEST: anuela Giron City Clerk `Namg :; Leonis d-- Malburg Title: Mayor Page 10 of 10