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20090831 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, AUGUST 31, 2009, AT 9:05 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, McCormick, Davis, Maisano, Newmire MEMBERS ABSENT: None The meeting was called to order by Mayor Gonzales. The Chief Deputy City Attorney 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. There was no one in the audience who wished to address the City Council at this time. It was moved by Maisano, seconded by Davis, that the Minutes of the Regular City Council Meeting held August 3, 2009, be approved and adopted as submitted. Motion carried. Councilman McCormick abstained and disqualified himself on this matter. 4-1 It was moved by Newmire, seconded by Davis, that the Minutes of the Regular City Council Meeting held August 24, 2009, be approved and adopted as submitted. Motion carried. Councilman McCormick abstained and disqualified himself on this matter. 4-1 The Chief Deputy City Attorney announced that now was the time to present a Proclamation of the Mayor and the City Council of the City of Vernon Declaring the Month of September 2009 as "National Alcohol and Drug Addiction Recovery Month." It was moved by Newmire, seconded by Maisano, that the Proclamation of the Mayor and the City Council of the City of Vernon Declaring the Month of September 2009 as "National Alcohol and Drug Addiction Recovery Month," be approved and adopted. Motion carried. 5-0 The Chief Deputy City Attorney announced that this was the time for the Public Hearing to Consider the Termination of the Non -Exclusive Franchise for Solid Waste Management Services Agreement Between the City of Vernon and All Service Disposal, Inc. entered on May 18, 1999. It was moved by McCormick, seconded by Davis, to open the Public Hearing, the time being 9:08 a.m. Motion carried. 5-0 The Director of Environmental Health, Lewis Pozzebon, addressed the issues involved in this matter. Councilmember Maisano asked if there were other non- compliant franchisees. Regular City Council Meeting Minutes August 31, 2009 Mr. Pozzebon responded that there are a few, but not to the extent of the one in question. The City Administrator, Donal O'Callaghan, advised that the format of the Solid Waste Management Franchise Agreement is being reviewed and that a revised version would come forth on September 21, 2009, for their review and consideration. Mayor Gonzales asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one in the audience who wished to address the City Council on this matter. It was moved by McCormick, seconded by Maisano to close the Public Hearing, the time being 9:12 a.m. Motion carried. 5-0 RESOLUTION 10,054 of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to All Service Disposal, Inc. by the City of Vernon Pursuant to Resolution No. 7332, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 10,054 of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to All Service disposal, Inc. by the City of Vernon and All Service Disposal, Inc. by the City of Vernon Pursuant to Resolution No. 7332 be approved and adopted. Motion carried. 5-0 The Consent Calendar was presented. City Administration 1. Request from the City Administrator to cancel the Regular Council Meeting of September 14, 2009, due to lack of a quorum. Treasury Department 2. Ratification of the following warrant registers to record the following voided checks: a. Warrant Register No. 1266 to record voided Check No. 324954, in the amount of $8.00. b. Warrant Register No. 1270 to record voided Check No. 325517, in the amount of $490.95. C. Warrant Register No. 1271 to record voided Check No. 325602, in the amount of $25.00. d. Warrant Register No. 1272 to record voided Check No. 325670, in the amount of $80.00. e. Warrant Register No. 1274 to record voided Check No. 326136, in the amount of $336.99. f. Warrant Register No. 1279 to record voided Check No. 326570, in the amount of $102.00. g. Warrant Register No. 1282 to record voided Check No. 326797, in the amount of $375.00. Page 2 of 7 Regular City Council Meeting Minutes August 31, 2009 3. Ratification of the issuance of early checks for Warrant Register No. 1283, covering claims and demands presented during the period of August 18, 2009, through August 24, 2009, drawn on East West Bank totaling $5,742.71, which includes Check Nos. 326860 through 326879 (Accounting period August 2009). 4. Warrant Register No. 1283, covering claims and demands presented during the period of August 18, 2009, through August 24, 2009, drawn on East West Bank totaling $203,882.52, which includes Check Nos. 326880 through 326951 (Accounting period August 2009). 5. Ratification of wire transfers for Light & Power Warrant Register No. 248, covering claims and demands presented during the period of August 18, 2009, through August 24, 2009, drawn on East West Bank totaling $3,628,539.39, which includes Wire Nos. 4383 through 4391 (Accounting period August 2009). 6. Ratification of the issuance of early checks for Light & Power Warrant Register No. 248, covering claims and demands presented during the period of August 18, 2009, through August 24, 2009, drawn on East West Bank totaling $10,068.90, which includes Check Nos. 506784 through 506790 (Accounting period August 2009). 7. Light & Power Warrant Register No. 248 covering claims and demands presented during the period of August 18, 2009, through August 24, 2009, drawn on East West Bank totaling $26,246.88, which includes Check Nos. 506791 through 506799 (Accounting period August 2009). 8. Ratification of the issuance of early checks for Gas Warrant Register No. 38, covering claims and demands presented during the period of August 18, 2009, through August 24, 2009, drawn on East West Bank totaling $7,711.81, which includes Check Nos. 202 through 207 (Accounting period August 2009) 9. Gas Warrant Register No. 38 covering claims and demands presented during the period of August 18, 2009 through August 24, 2009, drawn on East West Bank totaling $43.47, which includes Check No. 208 (Accounting period August 2009). 10. Payroll Warrant Register No. 638 covering claims and demands presented during the period of June 7, 2009, through July 18, 2009, drawn on East West Bank totaling $4,670,318.97; $4,049,256.11 paid through electronic funds transfers (EFTS), $621,062.86 paid through General Warrant Register. (Accounting Period July 2009). 11. Ratification of City of Vernon Requisition from the Light & Power Capital Projects Custody Escrow Account No. 800458 covering claims and demands presented during the period of August 11, 2009, through August 17, 2009, drawn on The Bank of New York Mellon totaling $35,400.00, which includes Requisition No. LPCP637 (Accounting period August 2009). 12. City of Vernon Requisitions from the Light & Power Capital Projects Custody Escrow Account No. 800458 covering claims and demands presented during the period of August 18, 2009, through August 24, 2009, to be drawn on The Bank of New York Mellon totaling $7,939.60, which includes Requisition Nos. LPCP638 through LPCP639 (Accounting period August 2009). Page 3 of 7 Regular City Council Meeting Minutes August 31, 2009 End of Consent Calendar It was moved by McCormick, seconded by Maisano, that the matters on the Consent Calendar be approved as recommended. Motion carried. 5-0 RESOLUTION 10,055 A Resolution of the City Council of the City of Vernon Approving the Amendment of the Term of the Memorandum of Understanding Between the Jurisdictions and the City of Los Angeles Regarding the Recovery Act Justice Assistance Grant (JAG) Program Award, was read by title. It was moved by McCormick, seconded by Maisano, that Resolution No. 10,055 of the City Council of the City of Vernon Approving the Amendment of the Term of the Memorandum of Understanding Between the Jurisdictions and the City of Los Angeles Regarding the Recovery Act Justice Assistance Grant (JAG) Program Award be approved and adopted. Motion carried. 5-0 RESOLUTION 10,056 of the City Council of the City of Vernon Appointing Rory Burnett to the Position of City Treasurer and Sharon Barrett to the Position of Budget Auditor and Repealing All Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. It was moved by Maisano, seconded by Newmire, that Resolution No. 10,056 of the City Council of the City of Vernon Appointing Rory Burnett to the Position of City Treasurer and Sharon to the Position of Budget Auditor and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith be approved and adopted. Motion carried. 5-0 RESOLUTION 10,057 of the City Council of the City of Vernon Amending Previously Amended Resolution No. 9639 Regarding the Compensation, Costs and Benefits of Its Employees ("Salary Resolution"), by Amending Sections 12.b and 13.a(10) and Schedule Nos. III, XV and XXII of the Salary Resolution (Amendment No. 13), was read by title. It was moved by Maisano, seconded by Davis, that Resolution No. 10,057 of the City Council of the City of Vernon Amending Previously Amended Resolution No. 9639 Regarding the Compensation, Costs and Benefits of Its Employees ("Salary Resolution"), by Amending Sections 12.b and 13.a(10) and Schedule Nos. III, XV and XXII of the Salary Resolution (Amendment No. 13) be approved and adopted. Motion carried. 5-0 RESOLUTION 10,058 of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Auditing Services By and Between the City of Vernon, the Redevelopment Agency of the City of Vernon and Macias, Gini & O'Connell, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 10,058 of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Auditing Services By and Between the City of Vernon, the Redevelopment Agency of the City of Vernon and Macias, Gini & O'Connell be approved and adopted. Motion carried. 5-0 Page 4 of 7 Regular City Council Meeting Minutes August 31, 2009 RESOLUTION 10,059 of the City Council of the City of Vernon Approving and Ratifying the City's Participation in the 2008 State Homeland Security Grant Program by the Vernon Police and Fire Departments, Approving and Authorizing the Execution of a Subrecipient Agreement By and Between the City of Vernon and the County of Los Angeles and Authorizing the Execution of Documents Necessary to Obtain the Grant, was read by title. It was moved by Maisano, seconded by McCormick, that Resolution No. 10,059 of the City Council of the City of Vernon Approving and Ratifying the City's Participation in the 2008 State Homeland Security Grant Program by the Vernon Police and Fire Departments, Approving and Authorizing the Execution of a Subrecipient Agreement By and Between the City of Vernon and the County of Los Angeles and Authorizing the Execution of Documents Necessary to Obtain the Grant be approved and adopted. Motion carried. 5-0 RESOLUTION 10,060 of the City Council of the City of Vernon Approving and Authorizing the Execution of a District or Resident Office State and Local Task Force Agreement By and Between the City of Vernon Police Department and the United States Department of Justice, Drug Enforcement Administration Regarding Southwest Border Initiative Task Force, was read by title. City Attorney Laurence Wiener recommended that due to the deadline to submit the agreement in question, September 1, 2009, that the agreement be approved as to form and authority be granted to the City Administrator and City Attorney to make changes as necessary. It was moved by McCormick, seconded by Maisano, that Resolution No. 10,060 of the City Council of the City of Vernon Approving and Authorizing the Execution of a District or Resident Office State and Local Task Force Agreement By and Between the City of Vernon Police Department and the United States Department of Justice, Drug Enforcement Administration Regarding Southwest Border Initiative Task Force be approved as to form and authority be granted to the City Administrator and City Attorney to make changes as deemed necessary. Motion carried. 5-0 The Chief Deputy City Attorney announced that now was the time for elected officials to report on conference/seminars for the period of August 24, 2009, through August 30, 2009. It was reported that Elected Officials did not attend any conferences/seminars during the period of August 24, 2009, through August 30, 2009. The Chief Deputy City Attorney announced that now was the time for reports from departments and Councilmembers. The Chief of Police had nothing to report. The Fire Chief reported on the department's participation in the Muscular Dystrophy "Fill the Boot" campaign and on the department's participation in the recent wildfires. Page 5 of 7 Regular City Council Meeting Minutes August 31, 2009 The Director of Personnel had nothing to report. The Finance Director thanked the City Council for appointing him to City Treasurer. He also thanked the City Council for retaining the services of Macias, Gini & O'Connell, LLP to perform the City's and the Redevelopment Agency's financial audits. The Director of Community Services & Water, Kevin Wilson, addressed a problem with the graphics chosen for the graffiti truck. The City Administrator asked Mr. Wilson to prepare a report on the matter and bring forth to a future meeting for City Council's direction. The Director of Light & Power asked that the Transmission & Distribution Manager, Carlos Fandino, address the matter regarding an incident of energy theft. Mr. Fandino addressed the details related to the incident regarding the installation of an electric service panel to individually serve multiple tenants without the City's approval. The City Attorney advised for the record that this incident is under investigation and that the claims disclosed by the department are only allegations on the case until proven otherwise. The City Administrator provided the details of the reorganization of the City Administration section of the building to allow for an office for the City Attorney and the relocation of the Budget Auditor. He also addressed the upcoming reorganization of personnel in the Finance Department to allow for the City Treasurer to efficiently oversee his staff. The Chief Deputy City Attorney/Risk Manager had nothing to report. Councilman Maisano commended Donal on the assignment of space area in the City Administration portion of the building to accommodate for the City Attorney. Councilman Davis had nothing to report. Councilman McCormick had nothing to report. Councilmen Newmire reiterated Maisano's comments on the reorganization of the City Administration portion of the building. Page 6 of 7 Regular City Council Meeting Minutes August 31, 2009 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis to adjourn the meeting, the time being 9:36 a.m. Motion carried. 5-0 A TEST: Manuela Giron City Clerk Name: Hilario Tonzales Title: Mayor Page 7 of 7