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20090413 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, APRIL 13, 2009, AT 10:04 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 was a change needed to the title of Resolution No. 9914 after the agenda was posted, but that said change did not affect the content of Resolution No. 9914. It was moved by Davis, seconded by McCormick, that the Minutes of the Regular City Council Meeting held April 6, 2009, be approved and adopted as submitted. Motion carried. The City Administrator announced to the audience, that this was the time allotted for anyone who wished to address the City Council on any issues or matterson the agenda, including those matters on the consent calendar, and items not on the agenda. Any comments concerning a public hearing on the agenda should be addressed at the time the hearing is formally opened. The Mayor 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. The Consent Calendar was presented. Environmental Health Department 1. Health & Environmental Control Department Monthly Report for the month of February 2009, to be received and filed. Light & Power Department 2. Light & Power Resource Procurement Report for the Month of December 2008, to be received and filed. Treasury Department 3. Ratification of the following Warrant Registers to record the following void checks: a..Warrant Register No. 1246 to record voided Check No. 321650 in the amount of $84.68 issued on August 4, 2008 b.-Warrant Register No. 1250 to record voided Check No. 322417 in the amount of $21.44 issued on September 29, 2008 c. Warrant Register No. 1250 to record voided Check No. 322371 in the amount of $13,375.00 issued September 17, 2008 Regular City Council Meeting Minutes April 13, 2009 d. Warrant Register No. 1265 to record voided Check No. 324886 in the amount of $520.35 issued March 30, 2009 e. Light & Power Warrant Register No. 218 to record voided Check No. 506091 in the amount of $15.07 issued November 13, 2008 End of Consent Calendar It was moved by Gonzales, seconded by McCormick, that the matters on the consent calendar be approved.as recommended. Motion carried. RESOLUTION NO. 9911 - A Resolution of the City Council of the City of Vernon Accepting the Work of American Wrecking, Inc. in Accordance with Contract No. 612 of the City of Vernon, was read by title. It was moved by Gonzales, seconded by Maisano, that Resolution No. 9911 be approved and adopted. Motion carried. RESOLUTION NO. 9912 - A Resolution of the City Council of.the City of Vernon Approving and Authorizing the Execution of a First Amendment to COBRA Administrative Services Agreement By and Between the City of Vernon and Igoe & Company Incorporated dba Igoe Administrative Services, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9912 be approved and adopted. Motion carried. RESOLUTION NO. 9913 - A Resolution of the City Council of the City of Vernon Approving and Adopting a City of Vernon Fire Department and City of Vernon Police Department Community Emergency Response Team Program, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9913 be approved and adopted. Motion carried. RESOLUTION NO. 9914 - 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 Moriarty & Associates, LLC and Terminating the Letter Agreement with F. James Moriarty Dated on or About February 4, 2008, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 9914 be approved and adopted as amended. Motion carried. RESOLUTION NO. 9915 - A Resolution of the City Council of the City of Vernon Authorizing and Approving the Issuance of Electric System Revenue Bonds; Approving the Supplemental Indenture of Trust Pursuant to which such Bonds are to be Issued; Approving a Disclosure Document, a Contract of Purchase and a Continuing Disclosure Agreement in Connection with such Bonds; Authorizing and Approving Other Documents in Connection with the Issuance, Securing and Sale of such Bonds; and Authorizing Certain Other Matters Relating Thereto, was read by title. Page 2 of 6 Regular City Council Meeting Minutes April 13, 2009 It was moved by Gonzales, seconded by McCormick, that Resolution No..9915 be approved and adopted. Motion carried. RESOLUTION NO. 9916 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the.Execution of (i) a Base Contract for Sale and Purchase of Natural Gas By and Between the City of Vernon and Sacramento Municipal Utility District and (ii.) an Exchange Agreement By and Between the City of Vernon and Shell Energy North America (US) L.P. Regarding the Sale and Delivery of Prepaid Natural Gas, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9916 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1267, covering claims and demands presented during the period of March 31 through April 7, 2009, drawn on Bank of America totaling $399,717.24, which includes Check Nos. 324997 through 325039 (Accounting period April 2009), was presented. It was moved by McCormick, seconded by Davis, that the issuance of early checks for Warrant Register No. 1267, covering claims and demands totaling $399,717.24, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1267, covering claims and demands presented during the, period of March 31 through April 7, 2009, drawn on Bank of America totaling $16,620.13, which includes Wire Nos. 318 through 319 (Accounting period April 2009), was presented. It was moved by Maisano, seconded by Gonzales, that wire transfers for Warrant Register No. 1267, covering claims and demands totaling $16,620.13, be ratified. Motion carried. Warrant Register No. 1267, covering claims and demands presented during the period of March 31 through April 7, 2009, drawn on Bank of America totaling $168,263.93, which includes Check Nos. 32504.0 through 325129 (Accounting period April 2009), was presented. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1267 be approved and payment authorized for claims and demands totaling $168,263.93. Motion carried. Ratification of the issuance of early checks for Light & Power. Warrant Register No. 232, covering claims and demands presented during the period of March 31 through April 7, 2009, drawn on Bank of America totaling $25,286.79, which includes Check Nos. 506442 through 506449 (Accounting period April 2009), was presented. It was moved by McCormick, seconded by Maisano, that the issuance of early checks for Light & Power Warrant Register No. 232, covering claims and demands totaling $25,286.79, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Page 3 of 6 Regular City Council Meeting Minutes April 13, 2009 , Ratification of wire transfers for Light & Power Warrant Register No. 232, covering claims and demands presented during the period of March 31 through April 7, 2009, drawn on Bank of America totaling $1,586,447.13, which includes Wire Nos. 4262 through 4269 (Accounting period April 2009), was presented. It was moved by Gonzales, seconded by McCormick, that wire transfers for Light & Power Warrant Register No. 232, covering claims and demands totaling $1,586,447.13,-be ratified. Motion carried. Light ,& Power Warrant Register No. 232, covering claims and demands presented during the period of March 31 through April 7, 2009, drawn on Bank of America totaling $133,085.43, which includes Check Nos. 506450 through 506477 (Accounting period April 2009), was presented. It was moved by Davis, seconded by Maisano, that Light & Power Warrant Register No. 232 be approved and payment authorized for claims and demands totaling $133,085.43. Motion carried. Ratification of the issuance of early checks for Gas Warrant Register No. 23, covering claims and demands presented during the period of March 31 through April 7, 2009; drawn on Bank of America totaling $6,055.80, which includes Check Nos. 131 through 133 (Accounting period April 2009), was presented. It was moved by McCormick,. seconded by Maisano, that the issuance of early checks for Gas Warrant Register No. 23, covering claims and demands totaling $6,055.80, be ratified. Motion carried. The City Administrator advised there were no wire transfers for Gas Warrant Register No. 23. Gas Warrant Register No. 23, covering claims and demands presented during the period of March 31 through April 7, 2009, drawn on Bank of America totaling $26.60,.which includes Check No. 134 (Accounting period April 2009), was presented. It was moved by Gonzales, .seconded by Davis, that Gas Warrant Register No. 23 be approved and payment authorized for claims and demands totaling $26.60. Motion carried. The City Administrator announced that this was the time for elected officials to report on any conference/seminars attended during the period of April 6 through April 12, 2009. It was reported that Elected Officials did not attend any conferences/seminars during the period of April 6 through' April 12, 2009. The City Administrator announced that this was the time for reports from departments. The Fire Chief reported on the successful turnout of the recent blood drive for the Children's Hospital. The Police Chief had nothing to report. The City Treasurer had nothing to report. Page 4 of 6 Regular City Council Meeting Minutes, April 13, 2009 The Director of Personnel had nothing to report. The Finance Director had nothing to report. The City Clerk had nothing to report. The Director of Health and Environmental Control reported on the following: • The Earth Day outreach of last week in which about 500 promotional packages were distributed throughout the city by consultant KJJ Services. • The successful E-Waste event that took place last week and the anticipated E-Waste event to take place in the Fall. • The recent comparison of health permit rates with other jurisdictions and his recommendation of no fee increases for fiscal year 2009-2010 based on his findings. The Director of Community Services & Water reported on the proposal from the City of South Gate regarding a Court House. The Director of Utilities and Government Infrastructure reported that there had been no significant outages. Councilman Gonzales. acknowledged at this time the Light & Power department and commended the Director of Light & Power and the City Administrator for their work regarding refinancing of the Gas Bonds. The Director of Human Resources reported on the compensation and benefits information she received from the Mercer Group and the attempt made to provide said information.to Department Heads for their use in the preparation of their budgets. The City Attorney handed to the Council material submitted by the League of California Cities asking them to take a position by Friday, April 17, 2009, on AB155,'Municipal Bankruptcy proceedings and asked the Council for direction. The entire Council agreed to stay neutral and take no position at this time. Councilman McCormick reported that the Independent Cities Association is seeking support from cities on SB696 (Wright) on air quality. The entire Council agreed to send a letter in support of SB696 (Wright) . ' The Mayor called a short recess at 11:09 a.m. The City Council reconvened in regular session at 11:17 a.m., all members present before the recess again being present. Page 5 of 6 Regular City Council Meeting Minutes April 13, 2009 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 11:18 a.m. Everyone was excluded from closed session, with the exception of the City Administrator, City Attorney and Director of Human Resources. The Mayor, the City Attorney and the Director of Human Resources were excused from closed session at 11:40 a.m. The Mayor returned to closed session at 11:54 a.m. It was moved by McCormick, seconded by Davis to go out of closed session. at 11:54 a.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 Director of Community'Services & Water was approved. It was. reported out that the City Council had conference in closed session with legal counsel regarding one potential case of litigation pursuant to subdivision (c) of Government Code Section 54956.9, and no action was taken on the matter. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 11:55 a.m. Motion carried. ATTEST: Manuela Giron City Clerk Name: Hilario Gonzales Title: Mayor. Page 6 of 6