20090511 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MONDAY, MAY 11, 2009,AT 10:01 A.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Gonzales, McCormick, Malburg, Maisano, Davis
MEMBERS ABSENT: None
The meeting was called to order by Mayor Gonzales.
It was moved by Davis, seconded by Maisano, that the
Minutes of the Regular City Council Meeting held April 27, 2009,
be approved and adopted as submitted. Motion carried.
The City Administrator announced that this was the
time to present the Service Pins.
The Mayor presented a service pin to Eric Anderson,
Utilityman III, for his 15 years of service.
The following employee was unable to attend the
meeting. His service pin was forwarded to him.
• David Muniz, Utilityman III, 20 years
It was noted for the record that service pin recipient
Gary Sawyer was inadvertently placed on the agenda.
The City Administrator announced to the audience that
this was the time for public comments.
Mayor Gonzales asked if there was anyone in the
audience who wished to address the City Council at this time.
Marisa Olguin, Executive Director of the Vernon.
Chamber of Commerce addressed the City Council to congratulate
the City Council on their new reorganization. She also informed
the City Council of the Chamber's attempt to work with the Fire
Department on a fire prevention briefing that will be offered to.
the business community in the near future.
Councilman Felipe Aguirre from the City of Maywood
addressed the City Council to congratulate the entire City
Council on their reorganization and the proposed appointment of
a new City Administrator for the City of Vernon. He also
introduced the City of Maywood's new City Manager, Mr. Paul.
Phillips.
City of Maywood, City Manager Paul Phillips addressed
the City Council and made himself available to meet with City of
Vernon representatives to discuss mutual issues that could of
interest to both cities.
Mayor Gonzales asked if there was anyone else in the
audience who wished to address the City Council at this time.
There was no one who wished to address the City Council at this
time.
Regular City Council Meeting Minutes.
May 11, 2009
Ratification of a Proclamation of the Mayor and the
City Council of the City of Vernon Commending and Honoring
Feliberto Navarro in Recognition of His Service and Support of
the Vernon Community, was presented.
It was moved by McCormick, seconded by Davis, that a
Proclamation of the Mayor and the City Council of the City of
Vernon Commending and Honoring Feliberto Navarro in Recognition
of His Service and Support of the Vernon Community be ratified.
Motion carried.
RESOLUTION NO. 9944 - A Resolution of the City Council
of the City of Vernon Appointing Donal O'Callaghan to the
Position of City Administrator and Repealing All Resolutions or
Parts of Resolutions in Conflict Herewith, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9944 be approved and adopted. Motion carried.
The City Administrator announced that this was the
time for a Public Hearing to consider.the adoption of an
amendment to the budget for the City of Vernon for fiscal year
2008-2009.
It was moved by McCormick, seconded by Malburg, 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 10:10 a.m. Motion carried.
The City Administrator advised that the changes in the
proposed budget amendment were related to the appointment of the
new City Administrator, mainly transfer of funds from one
department to another.
It was moved by McCormick, seconded by Malburg, 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 10:11 a.m. Motion carried.
RESOLUTION NO. 9941 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9638, which
Approved a Budget for the Fiscal Year 2008-2009, to Reflect
Changes (Amendment No. 5), was presented.
It was moved by Malburg, seconded by Davis, that
Resolution No. 9.941 be approved and adopted. Motion carried..
ORDINANCE NO. 1155 - An Ordinance of the City Council
of the City of Vernon Amending Sections 16.15 and 16.16 of the
Code of the City of Vernon, California, 1959, to Change Speed
Limits on Certain Streets and to Repeal all Ordinances or Parts
of Ordinances in Conflict Herewith, was read by title for a
second and final reading.
It was moved by Maisano, seconded by Davis, that
Ordinance No. 1155 be approved. Motion carried.
Ayes: Gonzales, McCormick, Malburg, Davis, Maisano
Noes: None
Absent: None
Abstained: None
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Regular City Council Meeting Minutes
May 11, 2009
ORDINANCE NO. 1156 - 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 McCormick, seconded by Malburg, that
Ordinance No. 1156 be approved for a first reading. Motion
carried.
Ayes.: Gonzales, McCormick, Malburg, Davis, Maisano
Noes.: None
Absent: None
Abstained: None
The Consent Calendar was presented.
Fire Department
1. Fire, Department Activity Report for the period of April 16
through April 30, 2009, to be received and filed.
Light & Power Department
2.. Light & Power Resource Procurement Report for the Month of
January 2009, to be received and filed.
Personnel Department
3.. Granting of merit step increase to the following employee
as specified, effective July 1, 2009:
Efrain Sandoval, Resource Scheduler, from step 3 to step 2
Police Department
4.. Police Department Activity Log for the period of April.16
through April 30, 2009, to be received and filed.
Treasury Department
5.. Ratification of the following Warrant Register to record
the following void check:
a. Warrant Register No. 1268 to record voided Check No.
325137- in the amount of $18.00 issued on April 9, 2009
6. Ratification of the issuance of early checks for Warrant
Register No. 1270, covering claims and demands presented during
the period of April 22 through May 5, 2009, drawn on Bank of
America totaling $420,777.20, which includes Check Nos. 325321
through 325352 (Accounting period May 2009).
7. Ratification of wire transfers for Warrant Register No.
1270.,, covering claims and demands presented during the period of
April 22 through. May 5, 2009, drawn'on Bank of America totaling
$6,471.18, which includes Wire Nos. 322 through 324 (Accounting
period May 2009) .
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Regular City Council Meeting Minutes
May 11, 2009
8. Warrant Register No. 1270, covering claims and demands
presented during the period of April 22 through May 5, 2009,
drawn on Bank of. America totaling $428,414.94, which includes
Check Nos. 325353 through 325541 (Accounting period May 2009).
9. Ratification of wire transfers for Light & Power Warrant
Register No. 235, covering claims and demands presented during
the period of April 22 through May 5, 2009, drawn on Bank of
America totaling $1,901,056.85, which includes Wire Nos. 4286
through 4300 (Accounting period May'2009).
10. Ratification of the issuance of early checks for Light &
Power Warrant Register No. 235, covering claims and demands
presented during the period of April 22 through May 5, 2009,
drawn•on Bank of America totaling $12,853.43, which includes
Check Nos. 506522 through 506530 (Accounting period -May 2009).
11. Light & Power Warrant Register No. 235 covering claims and
demands presented during the period of April 22 through May 5;
2009, drawn on Bank of America totaling $132,171.81, which
includes Check Nos. 506531 through 506553 (Accounting period May
2009) .
12. Ratification of the issuance of early checks for Gas
Warrant Register No. 26, covering claims and demands presented
during the period.of April 22 through May 5, 2009, drawn on Bank
of America totaling $5,677.61, which includes Check Nos. 139
through 142 (Accounting period May 2009).
13. Ratification of wire transfers for Gas Warrant Register No.
26, covering claims and demands presented during the period of
April 22 through May 5, 2009, drawn on Bank of America totaling
$2,214,000.21, which includes Wire Nos. 28 through 31
(Accounting period May 2009).
14. Gas Warrant Register No. 26 covering claims and demands
presented during the period of April 22 through May 5, 2009,
drawn on Bank of America totaling $35,365.98, which includes
Check Nos. 143 through 146 (Accounting period May 2009)
15. City of Vernon Report of Cash and Investments for the
Quarter Ended March 31, 2009, to be received and filed.
End of Consent Calendar
Councilman Davis asked that item number six and nine
be removed from the Consent Calendar to be considered
separately.
It was, moved by McCormick, seconded by Malburg, that
the matters on the Consent Calendar, with the exception of item
numbers six and nine, be approved as recommended. Motion
carried.
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Regular City Council Meeting Minutes
May 11, 2009
Item No. 6 - Ratification of the issuance of early
checks for Warrant Register No. 1270, covering claims and
demands presented during the period of April 22 through May 5,
2009,.drawn on Bank of America totaling $420,777.20, which
includes Check Nos. 325321 through 325352 (Accounting period May
2009), was presented.
It was moved by McCormick, seconded by Maisano, that
the issuance of early checks for Warrant Register No. 1270,
covering claims and demands totaling $420,777.20, be ratified.
Motion carried., Councilman Davis abstained and disqualified
himself on this matter.
Item No. 9 - Ratification of wire transfers for Light
& Power Warrant Register No. 235, covering claims and demands
presented during the period of April 22 through May.5, 2009,
drawn on Bank of America totaling $1,901,056.85, which includes
Wire Nos. 4286 through 4300 (Accounting period May 2009), was
presented.
It was moved by Malburg, seconded by Maisano, that
wire transfers for Light & Power Warrant Register No. 235,
covering claims and demands totaling $1,901,056.85, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Reques.t from the Business Services and Purchasing
Department to issue a purchase order to Motorola, c/o Advanced
Electronics, for the purchase of (3) Motorola XTL 5000 VHF
Mobile Radios and (1) Motorola XTL 5000 UHF Mobile Radio and
related equipment, for the Police Department in the amount of
$14,453.36, including taxes, was presented.
It was moved by Davis, seconded by McCormick, to
approve the request from the Business Services and Purchasing
Department to issue a purchase order to Motorola, c/o Advanced
Electronics, for the purchase of (3) Motorola XTL 5000 VHF
Mobile Radios and (1) Motorola XTL 5000 UHF Mobile Radio and
related equipment, for the Police Department in the amount of
$14,453.36, including taxes. Motion carried.
Request from the City Administrator that agendas be,
posted at 5:00 p.m. on the Wednesdays prior to the meetings and
the agenda packets be distributed and made available for public
review at that time, in order to provide the Public with
sufficient time to review all agenda items before those items
are considered by the City Council, was presented.
It was moved by McCormick, seconded by Davis, to
approve the request from the City Administrator that agendas be
posted at 5:00 p.m. on the Wednesdays prior to the meetings and
the agenda packets be distributed and made available for public
review at that time, in order to provide the public with
sufficient time to review all agenda items before those items
are considered by the City Council. Motion carried.
RESOLUTION NO. 9942 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9.639 by Amending
Schedule Nos. II -I and XXIV, of said Resolution Regarding the
Compensation, Costs and Benefits of its Employees (Amendment No.
8), was read by title.
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May 11, 2009
It was moved by Malburg, seconded by McCormick, that
Resolution No. 9942 be approved and adopted. Motion carried..
RESOLUTION NO. 9943 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment Number Two to Employment Agreement By and Between
the City of Vernon and Donal O'Callaghan, was read by title.
It was moved by Maisano, seconded by Davis, that
Resolution No. 9,943 be approved and adopted. Motion carried..
RESOLUTION NO. 9945 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amended and Restated Legal Services Agreement By and Between
the City of Vernon and the Law Offices of Eric T. Fresch, was
read by title.
It was, moved by McCormick, seconded by Maisano, that
Resolution No..9945 be approved and adopted. Motion carried.
RESOLUTION NO. 9946 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Wondries Fleet Group
on Bid No. 1460 for the Purchase of a 2009 Chevrolet Tahoe for
the Police Department, Approving and Authorizing the Execution
of a Vehicle Purchase Contract and the Issuance of a Purchase
Order Respecting,Said Bid, was read by title.
It was moved by Davis, seconded by Maisano, that
Resolution No. 9946 be approved and adopted. Motion carried.
RESOLUTION NO. 9947 - A Resolution of.the.City Council
of the City of Vernon Approving and Authorizing the Execution of
a Grant Application Under the California Beverage Container
Recycling and Litter Reduction Act to the Department of
Conservation's Division of Recycling, was read by title.
It was moved by Malburg, seconded by Davis, that
Resolution No. 9947 be approved and adopted. Motion carried.
RESOLUTION NO. 9948 - A Resolution of the City Council
of. the City of Vernon Approving and Authorizing the Execution of
a Letter in Support of Comments Developed by the Los Angeles
County Solid Waste Management Committee Regarding the California
Integrated Waste Management Board's Interim Report for the Life
Cycle Assessment of Organics Diversion Alternatives, was read by
title:
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9948 be approved and adopted. Motion carried.
RESOLUTION NO. 9949 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the City's
Participation in the Edward Byrne Memorial Justice Assistance
Grant' -Program by the Vernon Police Department in Accordance with
the American Recovery and Reinvestment Act of 2009,.was read by
title.
It was moved by Malburg, seconded by Davis, that
Resolution No. 9949 be approved and adopted. Motion carried.
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May 11, 2009
RESOLUTION NO. 9950 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing a Standard
Indemnification and Hold Harmless Agreement for'Use of Private
Property by Both the Vernon Fire and Police Departments for
Training and Related Activities, was read by title.
It was moved by Malburg, seconded by McCormick, that
Resolution No. 9.950 be approved and adopted. Motion carried.
RESOLUTION NO. 9951 - A Resolution of the City Council
of the City of,Vernon Approving and Authorizing the Execution of
a CAISO Non -Disclosure and Use of Information Agreement for
Congestion Revenue Rights Full Network Model By and Between the
City of Vernon and the California Independent System Operator
Corporation, was read by title.
'It was moved by McCormick, seconded by Davis, that
Resolution No. 9951 be approved and adopted. Motion carried.
RESOLUTION NO. 9952 - A Resolution of the City Council
of the City of Vernon Approving and Adopting an Amended
Renewable Portfolio Standard, was read by title.
It was. moved by Davis, seconded by McCormick, that
Resolution No. 9952 be approved and adopted. Motion carried.
RESOLUTION NO. 9953 - A Resolution of'the,City Council
of the City of Vernon Approving and Authorizing the Execution of
a Second Supplemental Agreement By and Between the City of
Vernon and the City of Los Angeles Regarding the Use of 2006
Urban Areas Security Initiative Grant Funds, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9953 be approved and adopted. Motion carried.
RESOLUTION NO. 9954 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Filing of an
Applicant Live Scan Service Application and Related Documents
with the :Department of Justice, Bureau of Criminal
Identification and Information, by the Vernon Fire Department,
was read by title.
It was moved by Maisano, seconded by Malburg, that
Resolution No. 9954 be approved and adopted. Motion carried.
RESOLUTION NO. 9955 - A Resolution of ,the City Council
of the City of Vernon Approving and.Authorizing the Execution of
a Letter.in Support of Assembly Bill 222 Relating to
Biorefineries, was read by title.
,It was moved.by Malburg, seconded by McCormick, that
Resolution No. 9955 be approved and adopted. Motion carried.
RESOLUTION NO. 9956 - A Resolution of .the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Vehicle Purchase'Contract By and Between the City of Vernon
and California Seagrave aka Seagrave Fire Apparatus, LLC for
Custom Pumpers for the Fire Department, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9956 be approved and adopted. Motion carried..
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May 11, 2009
RESOLUTION NO. 9957 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Legal Services Agreement By and Between the City of Vernon and
Bradley & Gmelich, was read by title.
It was moved by Malburg, seconded by McCormick, that
Resolution No. 9957 be approved and adopted. Motion carried.
The City Administrator announced that this was the
time for elected officials to report on conference/seminars for
the period of April 27 through May 10, 2009.
It was reported that Elected Officials did not attend
any conferences/seminars during the period of April.27 through
May 10, 2009.
The City Administrator announced that this was the
time for reports from departments.
.Assistant Fire Chief Wilson congratulated Donal
O'Callaghan on his new appointment as City Administrator and
reported that three strike teams from Area E responded to the
Santa Barbara fires.
Police. Captain Rodino congratulated Donal O'Callaghan
on his new appointment as City Administrator.
.The City Treasurer congratulated Donal O'Callaghan on
his new appointment as City Administrator, informed the.City
Council that she had volunteered to serve as a juror for the
League of California Cities in the selection of the 2009 Helen
Putnam Awards for.Excellence, and spoke about the upcoming
budget review hearing proposed schedule.
The Director of Personnel congratulated Donal
O'Callaghan on his new appointment as City Administrator.
The Finance Director congratulated Donal O'Callaghan
on his new appointment as City Administrator and thanked Eric
Fresch for leading the City for the past few years.
The Risk Manager congratulated Donal O'Callaghan on
his new appointment as City Administrator, thanked Eric Fresch
for his service during the past few years.
The.City Clerk congratulated Donal O'Callaghan on his
new appointment as City Administrator and thanked Eric Fresch
for his service as the City Administrator and his recent
completion of the refinancing.of the gas bonds at a low interest
rate.
The Director of Health & Environmental Control
congratulated Donal O'Callaghan on his new appointment as City
Administrator and extended his appreciation to Eric-Fresch for
his service over the past few years.
The Director of Community Services & Water addressed
the .following :
• Congratulated Donal O'Callaghan on his new
appointment as City Administrator.
Page 8 of 11
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May 11, 2009
• Asked for direction from the Council regarding
the graphics to place on the exterior of the new
graffiti truck.
• The letter of opposition, unless language is
amended.on AB139, regarding the Los Angeles
County Flood Control.Initiative.
The Director of Utilities & Government. Infrastructure
reported on the following:
• The outage that occurred Saturday morning, May 9,
2009, on Pacific Boulevard.
• The modification to the Malburg Generating
Station (MGS) to increase its capacity by May or
.June of 2010.
• The great honor to be considered for the City
Administrator position and proud to accept such
position.
The Director of Human Resources congratulated Donal
O'Callaghan on his new appointment as City Administrator and
reported on Personnel Department's involvement in the
recruitment of the.Fire Department Paramedic personnel and open
positions in the Police Department. She also reported on the
upcoming three big insurance renewals for city property,,general
liability, and workers compensation for the new -fiscal year.
The City Attorney congratulated Donal O'Callaghan,on
his newappointment as City Administrator.
The City.Administrator provided to the City Council a
detailed summary of the refinancing of the $420 million gas
bonds.
The Mayor called a short recess at 11:09 a.m.
The City Council reconvened in regular session at
11117 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 11:17 a.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 the Director'o.f Personnel.
The Director of Personnel was excused.from closed
session at 11:22- p.m.
The. City Attorney, Director of Human Resources,.Risk
Manager, and Councilman Malburg were excused from closed session
at 11c29 p.m.
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May 11, 2009
It was moved by McCormick, seconded by Davis, to go
out of closed session and resume regular session, the time being
11:53 a.m.. Motion carried.
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, and merit
step increases were granted to the following employees as
specified:
1. Daniel Onopa, Police Officer, for the period of
April 2008 through April 2009.
2. Mohamad Elmasri, Assistant Engineer, for the period
of June 2008 through May 2009.
3. Deborah Juarez, Records Management Assistant, for
the period of May 2008 through May.2009.
It was reported out that the City Council had a
conference in closed session regarding one Employee Appointment
matter pursuant to Government Code Section 54957 and approval
was granted to.reclassify Robin Tolmasoff from Executive
Secretary to the Director of Utilities, step 4, to Executive
Secretary to the City Administrator, step 4, and to transfer her
from the Light & Power Department to the City Administration
Department effective May 15, 2009.
It was. reported out that the City Council had a
conference in closed session with legal counsel regarding the
following existing litigation case pursuant to subdivision (a)
of Government Code Section 54956.9 and no action was taken.
a. Gina R. Torres v. City of Vernon, et al.; USDC Case
No. CV09-02684-SVW (CWx).
It was. reported out that the City Council had a
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, and
direction was given to Special Counsel.
The Consent Calendar II was presented.
OPEN SESSION
Personnel Department.
1. Request to grant a merit step increase to Daniel Onopa,
Police Officer, from step 2 to step 1, effective
5/14/09.
End of Consent Calendar II
It was moved by McCormick, seconded by Maisano, that
the matters on the Consent Calendar II be approved as
recommended. Motion carried.
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May 11, 2009
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Davis, that.the meeting be adjourned, the time being 11:55
a.m. Motion carried.
ATTEST:
i
Manuela Giron t
City Clerk
v- '-�
Name: Hilario Gonzales
Title: Mayor
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