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.
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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.
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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.
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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.
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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.
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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.
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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.
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March 16, 2009
ATTEST:
anuela Giron
City Clerk
`Namg :; Leonis d-- Malburg
Title: Mayor
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