20090601 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
MONDAY, JUNE 1, 2009, AT 10:14 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 McCormick, seconded by Davis, that the
Minutes of the Regular City Council Meeting held May 18, 2009,
be approved and adopted as submitted. Motion carried.
It was moved by Davis, seconded by Maisano, that the
Minutes of the Special City Council Meeting held May 19, 2009,
be approved and adopted as submitted. Motion carried.
It was moved by McCormick, seconded by Davis, that the
Minutes of the Special City Council Meeting held May 20, 2009,
be approved and adopted as submitted. Motion carried.
Councilman Davis abstained and disqualified himself on this
matter.
Special Counsel Eric Fresch announced to the audience
that this was time for public comments.
Mayor Gonzales asked if there was anyone in the
audience who wished to address the City Council at this time.
Ms. Virginia Hernandez with Los Angeles Unified School
(LAUSD), District 6, addressed the City Council to thank them
for their recent participation in the Wellness Fair.
Ms. Emma Gutierrez, a parent who belongs to LAUSD,
District 6, asked Ms. Virginia Hernandez to translate for her,
thanked the City Council for their support and also thanked them
on behalf of all the other parents for their interest in
education.
Mr. Martin Galindo, Superintendent of Los Angeles
Unified School, District 6, presented the Mayor with a
Certificate of Appreciation issued to the City for the City's
interest in helping families during these stressful financial
times.
Jim Moriarty addressed the various external resources
that he will utilize to implement the internal management
accounting reporting and the elimination of financial waste to
achieve effective and efficient financial processes.
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 (second and final reading), was read by title
for a second and final reading.
Regular City Council Meeting Minutes
June 1, 2009
It was moved by McCormick, seconded by Davis, that
Ordinance No. 1156 be approved and adopted. Motion carried.
Ayes: Gonzales, McCormick, Malburg, Davis, Maisano
Noes: None
Absent: None
Abstained: None
ORDINANCE NO. 1158 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Amending Section 2.1 of said Code Regarding
City Council Meetings and Repealing all Ordinances or Parts of
Ordinances in Conflict Therewith (second and final reading), was
read by title for a second and final reading.
It was moved by Malburg, seconded by Maisano, that
Ordinance No. 1158 be approved and adopted. Motion carried.
Ayes: Gonzales, McCormick, Malburg, Davis, Maisano
Noes: None
Absent: None
Abstained: None
ORDINANCE NO. 1159 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Amending Section 2.37 of said Code
Regarding Board of Library Trustee Meetings and Repealing all
Ordinances or Parts of Ordinances in Conflict Therewith (first
reading), was read by title for a first reading.
It was moved by McCormick, seconded by Davis, that
Ordinance No. 1159 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.
Building Department
1. Building Department Building Permit Report for the month of
April 2009.
Fire Department
2. Fire Department Activity Report for the period of May 1st
through May 15th, 2009, to be received and filed.
Health & Environmental Control Department
3. Health & Environmental Control Monthly Report for April
2009, to be received and filed.
Police Department
4. Police Department Activity Report for the period of May 1st
through May 15th, 2009, to be received and filed.
Page 2 of 10
Regular City Council Meeting Minutes
June 1, 2009
Treasury Department
5. Ratification of the issuance of early checks for Warrant
Register No. 1272, covering claims and demands presented during
the period of May 12 through May 21, 2009, drawn on Bank of
America totaling $26,545.97, which includes Check Nos. 325615
through 325652 (Accounting period June 2009).
6. Ratification of wire transfers for Warrant Register No.
1272, covering claims and demands presented during the period of
May 12 through May 21, 2009, drawn on Bank of America totaling
$17,930.00, which includes Wire Nos. 326 through 327 (Accounting
period June 2009).
7. Warrant Register No. 1272, covering claims and demands
presented during the period of May 12 through May 21, 2009,
drawn on Bank of America totaling $893,946.36, which includes
Check Nos. 325653 through 325780 (Accounting period June 2009).
8. Ratification of wire transfers for Light & Power Warrant
Register No. 237, covering claims and demands presented during
the period of May 12 through May 21, 2009, drawn on Bank of
America totaling $1,623,223.50, which includes Wire Nos. 4303
through 4315 (Accounting period June 2009).
9. Ratification of the issuance of early checks for Light &
Power Warrant Register No. 237, covering claims and demands
presented during the period of May 12 through May 21, 2009,
drawn on Bank of America totaling $17,389.68, which includes
Check Nos. 506563 through 506573 (Accounting period June 2009).
10. Light & Power Warrant Register No. 237 covering claims and
demands presented during the period of May 12 through May 21,
2009, drawn on Bank of America totaling $23,425.42, which
includes Check Nos. 506574 through 506589 (Accounting period
June 2009) .
11. Ratification of the issuance of early checks for Gas
Warrant Register No. 27, covering claims and demands presented
during the period of May 6, 2009 through May 21, 2009, drawn on
Bank of America totaling $4,807.30, which includes Check Nos.
147 through 149 (Accounting period June 2009).
12. Ratification of wire transfer for Gas Warrant Register No.
27, covering claims and demands presented during the period of
May 6, 2009 through May 21, 2009, drawn on Bank of America
totaling $3,062.50, which includes Wire No. 32 (Accounting
Period June 2009).
13. Gas Warrant Register No. 27 covering claims and demands
presented during the period of May 6, 2009 through May 21, 2009,
drawn on Bank of America totaling $43.09, which includes Check
No. 150 (Accounting Period June 2009).
14. Ratification of City of Vernon Requisitions from the Bicent
Capacity Payment Custody Escrow Account No. 800594, covering
claims and demands presented during the period of April 22, 2009
through May 26, 2009, drawn on The Bank of New York Mellon
totaling $1,766,589.13, which includes Requisition No. BCP006
(Accounting Period May 2009).
15. City of Vernon Requisitions from the Light & Power Capital
Page 3 of 10
Regular City Council Meeting Minutes
June 1, 2009
Projects Custody Escrow Account No. 800458, covering claims and
demands presented during the period of May 13, 2009 through May
26, 2009, drawn on The Bank of New York Mellon totaling
$78,931.00, which includes Requisition Nos. LPCP584 through
LPCP588 (Accounting Period June 2009).
End of Consent Calendar
Councilman Davis asked that item numbers five and nine
be removed from the Consent Calendar to be considered
separately.
It was moved by McCormick, seconded by Davis, that the
matters on the Consent Calendar, with the exception of item
numbers five and nine, be approved as recommended. Motion
carried.
Item Number 5 - Ratification of the issuance of early
checks for Warrant Register No. 1272, covering claims and
demands presented during the period of May 12 through May 21,
2009, drawn on Bank of America totaling $26,545.97, which
includes Check Nos. 325615 through 325652 (Accounting period
June 2009), was presented.
It was moved by Maisano, seconded by Malburg, that the
issuance of early checks for Warrant Register No. 1272, covering
claims and demands totaling $26,545.97, be ratified. Motion
carried. Councilman Davis abstained and disqualified himself on
this matter.
Item Number 9 - Ratification of the issuance of early
checks for Light & Power Warrant Register No. 237, covering
claims and demands presented during the period of May 12 through
May 21, 2009,.drawn on Bank of America totaling $17,389.68,
which includes Check Nos. 506563 through 506573 (Accounting
period June 2009), was presented.
It was moved by McCormick, seconded by Malburg, that
the issuance of early checks for Light & Power Warrant Register
No. 1272, covering claims and demands totaling $17,389.68, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Request from Fire Department for approval of Work
authorization No. PM-281-09 Fire Station #1 with Galleria, Inc.,
dba Trico Construction, to utilize Mission Fence & Patio
Builders as the sub -contractor for the demolition of the
existing chain link fence and gate, and to install a new wrought
iron fence at Station #1, in the amount of $27,408.70, was
presented.
It was moved by McCormick, seconded by Maisano, to
approve the request from the Fire Department of Work
Authorization No. PM-281-09 Fire Station #1 with Galleria, Inc.,
dba Trico Construction, to utilize Mission Fence & Patio
Builders as the sub -contractor for the demolition of the
existing chain link fence and gate, and to install a new wrought
iron fence at Station #1, in the amount of $27,408.70. Motion
carried.
Page 4 of 10
Regular City Council Meeting Minutes
June 1, 2009
Request from the Business Services & Purchasing
Department for approval and authorization for the Director of
Community Services & Water to sign an Equipment Maintenance
Agreement with Dixie Diesel & Electric, Inc. in the amount of
$9,485.98 for the Annual Planned Equipment Maintenance and (2)
Hour Load Bank Test on (8) of the back up generators located at
various locations within the City, was presented.
It was moved by Malburg, seconded by Davis, to approve
and authorize the Director of Community Services & Water to sign
an Equipment Maintenance Agreement with Dixie Diesel & Electric,
Inc., in the amount of $9,485.98, for the Annual Planned
Equipment Maintenance and (2) Hour Load Bank Test on (8) of the
back up generators located at various locations within the City.
Motion carried.
Request from the Director of Light & Power for
approval for all Councilmen and the City's Renewable Energy
Development Manager to attend the 4th Annual Renewable Energy
Finance & Investment Summit in Miami, Florida, at an approximate
total cost of $6,289.00, was presented.
It was moved by Davis, seconded by McCormick, to
approve the request from the Director of Light & Power for all
Councilmen and the City's Renewable Energy Development Manager
to attend the 4th Annual Renewable Energy Finance & Investment
Summit in Miami, Florida, at an approximate total cost of
$6,289.00. Motion carried.
RESOLUTION NO. 9963 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter In Support of Senate Bill 346 Relating to Hazardous
Materials, was read by title.
It was moved by Malburg, seconded by Maisano, that
Resolution No. 9963 be approved and adopted. Motion carried.
RESOLUTION NO. 9964 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Use of
Revenues to Fund the Procurement of Qualifying Renewable Energy
Resources and Approving Certain Expenditures Consistent with the
City's Renewable Portfolio Standard, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9964 be approved and adopted. Motion carried.
RESOLUTION NO. 9965 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a City of Vernon License and Support Agreement Renewal By and
Between the City of Vernon and Decade Software Company, LLC for
Environmental'Health Software and Services, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9965 be approved and adopted. Motion carried.
RESOLUTION NO. 9966 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Form Monthly
Resource Adequacy report and Supply Plan Consistent with the
City's Annual'Demand Forecast, Planning Reserve Margin and
Qualifying Capacity Criteria, was read by title.
Page 5 of 10
Regular City Council Meeting Minutes
June 1, 2009
It was moved by McCormick, seconded by Davis, that
Resolution No. 9966 be approved and adopted. Motion carried.
RESOLUTION NO. 9967 - A Resolution of the City Council
of the City of Vernon Setting the Date, Time and Place for
Regular Meetings of Committees and Commissions of the City of
Vernon and Repealing all Resolutions or Parts of Resolutions in
Conflict Therewith, was read by title.
It was moved by Malburg, seconded by Maisano, that
Resolution No. 9967 be approved and adopted. Motion carried.
RESOLUTION NO. 9968 - A Resolution of the City Council
of the City of Vernon Appointing Trustees to Serve on the Board
of Library Trustees, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9968 be approved and adopted and that Councilman
Maisano and Councilman Malburg be appointed as Trustees to serve
on the Board of Library Trustees for a term of three years.
Motion carried.
RESOLUTION NO. 9969 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Second Amended and Restated Legal Services Agreement By and
Between the City of Vernon and the Law Offices of Eric T.
Fresch, Ltd.,,was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9969 be approved and adopted. Motion carried.
RESOLUTION NO. 9970 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Contract Change Order No. 1 to Services Agreement By and Between
the City of Vernon and California Traffic Maintenance, Inc. for
Street Lane Line Striping, was read by title.
It was moved by Malburg, seconded by Davis, that
Resolution No. 9970 be approved and adopted. Motion carried.
RESOLUTION NO. 9971 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a Request for
Proposal for a 2009 Ford F-350 Truck for the Department of
Community Services & Water, was read by title.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 9971 be approved and adopted. Motion carried.
RESOLUTION NO. 9972 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a Request for
Proposal for a 2009 Ford F-150 Truck for the Department of
Community Services & Water, was read by title.
It was moved by Davis, seconded by Malburg, that
Resolution No. 9972 be approved and adopted. Motion carried.
Page 6 of 10
Regular City Council Meeting Minutes
June 1, 2009
Special Counsel Eric Fresch announced that now was the
time to discuss the cost to relocate 18 power poles, first phase
of the project, utility relocation, to accommodate the 26th
Street improvements contemplated in Contract No. CS-0020 and the
payment of approximately $280,000.00 to be made from the
Community Services Public Works Section to the Light & Power
Department for the relocation of the power poles.
The Director of Community Services & Water provided
details on the matter and advised that the relocation of the
power poles is necessary for the future street improvement
project and that those poles presently in need of rehabilitation
would be charged to Community Services Public Works Section.
Councilman Davis asked if this is for the bridge
widening.
The Director of Community Services & Water responded
that this is for street improvement purposes only.
Mayor Pro Tempore McCormick asked if the construction
included widening of Soto Street.
The Director of Community Services & Water responded
that said construction would be under a different project; and
that he is currently looking for bridge enhancement funding.
Special Counsel announced that this was the time for
elected officials to report on conference/seminars for the
period of May 18 through May 31, 2009.
It was reported that Elected Officials did not attend
any conferences/seminars during the period of May 18, through
May 31, 2009.
Special Counsel announced that this was the time for
reports from departments.
The Fire Chief presented Councilman Maisano with a
turnout jacket and an executive helmet to be used under large
scale emergency situations; he also advised the Council that the
training for the Paramedic Program begins June 1, 2009, at Fire
Station No. 1.
The Chief of Police reported on his attendance to a
recent National Incident Training.
The Risk Manager had nothing to report.
The Director of Finance reported on the following:
• Update of the gas bonds interest rate swap.
• Thanked the City Council for the retention of Jim
Moriarty.
• His working with the City Administrator on
financials.
• Auditors to come to the City in about six weeks
to begin the audit for fiscal year 2008-2009.
The Director of Personnel had nothing to report.
Page 7 of 10
Regular City Council Meeting Minutes
June 1, 2009
The City Treasurer had nothing to report.
The Director of Health & Environmental Control
announced the upcoming retirement of the Chief Deputy Director
of Health & Environmental Control, Dan Downing, in July 2009.
The Director of Community Services & Water reported on
the following:
• His involvement with Gateway Cities on SB375, an
effort to reduce global warming, and he also
mentioned the high standards set by SB375.
• The new requirement by the Federal Highway
Administration to increase the visibility of
street name signs and the five year period to
comply with the,new requirement.
• Informed the City Council of the department's
usage of the graffiti tracker.
The Director of Human Resources had nothing to report.
The City Administrator/Director of Light & Power
reported on the following:
• Update of gas purchases and gas supply.
• The importance of stamping "DRAFT" on all budget
documents presented for review.
• Implementation of the fundamentals of revenue vs.
expenses and capital projects.
• The possibility of delaying the budget approval.
Special Counsel agreed with the City Administrator in
the thorough review of expenses that might impact the City's
proposed 2009-2010 budget.
The City Attorney had nothing to report.
The City Clerk announced that June 2, 2009, would be
Election Day within the City.
Mayor Gonzales called a short recess at 11:25 a.m.
The City Council reconvened in regular session at
11:33 a.m., all members present before the recess again being
present.
Special Counsel announced that this was the time to go
into closed session.
It was moved by McCormick, seconded by Malburg, that
the City Council go into closed session, the time being 11:33
a.m.
Everyone was excluded from closed session, with the
exception of the City Administrator, Special Counsel, City
Attorney, Fire Chief,.Director.of Community Services & Water,
Director of Personnel, Director of Human Resources, and the Risk
Manager.
11:39 a.m.
The Fire Chief was excused from closed session at
Page 8 of 10
Regular City Council Meeting Minutes
June 1, 2009
The Director of Community Services & Water was excused
from closed session at 11:56 a.m.
The Director of Personnel was excused from closed
session at 12:01 p.m.
It was moved by McCormick, seconded by Davis, to go
out of closed session and resume regular session, the time being
12:09 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 by the Director of
Community Services & Water for a four day suspension without
pay, was approved.
It was reported out that the City Council had a
conference in closed session and that it was discussed that only
two of the three items listed on the agenda were employee
evaluations and the third item was a public employment
appointment matter pursuant to Government Code Section 54957:
1. Elizabeth Zepeda, Administrative Assistant, for
the period of May 2008 to May 2009.
2. Michelle Mermis, Document Control Specialist, for
the period of May 2008 to May 2009.
3. Reclassification of Jorrie Estrada, from Systems
Coordinator I step 3, to Electronics Technician,
step 2, effective July 5, 2009.
It was reported out that the City Council had a
conference in closed session regarding four Public Employment
matters pursuant to Government Code Section 54957 and approval
was granted to hire the following persons as
Firefighter/Paramedic, effective June 1, 2009 at 1:00 p.m.:
1. Aaron Cass
2. David Kawasaki
3. Jeff Schauster
4. Manuel Vazquez
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 settlement authority was
given by Council for:
(a) Mason Chancey v. City of Vernon; WCAB No. VNO
0540489;
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 (b) of
Government Code Section 54956.9, and no action was taken.
Page 9 of 10
Regular City Council Meeting Minutes
June 1, 2009
OPEN SESSION
Personnel Department
1. Request to grant a merit step increase to Elizabeth
Zepeda, Administrative Assistant, from step 5 to step 4,
effective June 7, 2009.
2. Request to grant a merit step increase to Michelle
Mermis, Document Control Specialist, from step 6 to step 5,
effective June 7, 2009.
3. Request to reclassify Jorrie Estrada, from Systems
Coordinator I, step 3, to Electronics Technician, step 2,
effective July 5, 2009.
4. Request to hire the following as
Firefighter/Paramedic, step 3, effective June 1, 2009 at 1:00
P.M.:
a. Aaron Cass
b. David Kawasaki
C. Jeff Schauster
d. Manuel Vazquez
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.
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 12:10
p.m. Motion carried.
ATTEST:
i
Manuela Giron
City Clerk
Name: Hilario Gonzales
Title: Mayor
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