20100524 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MONDAY, MAY 24, 2010,
IN THE COUNCIL CHAMBER 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 at 9:05 a.m. by Mayor
Gonzales.
The City Clerk announced that there were no changes to
the agenda
The City Clerk announced that this was the time
allotted for public comments.
The Mayor asked if there was anyone in the audience
who wished to address the City Council. No one responded.
The City Clerk announced that this was the time
allotted for public hearings.
PUBLIC HEARING: Consider a resolution calling a
special mailed ballot election to be held on August 31, 2010,
and ordering that measures be submitted to the voters of the
City to: (a) amend the City Charter regarding City Council
member qualifications; (b) amend Section 5.45 of Aritcle IV of
Chapter 5 of the City Municipal Code to expand the use of the
proceeds of the special parcel tax on warehouses, truck
terminals, freight terminals, railroad facilities or other
distribution facilities; and (c) amend the City Charter to
restrict the use of certain Light and Power revenues to
supporting the Light and Power Enterprise.
It was moved by McCormick, seconded by Davis, to open
the public hearing on the aforementioned matter, the time being
9:07 a.m. Motion carried. 5-0
City Administrator Donal O'Callaghan outlined the
three proposed ballot measures, and asked the City Attorney to
explain the procedures outlined in the staff report.
City Attorney Laurence Wiener advised that the first
determination the City Council needed to make was whether to
place any or all of the three measures proposed on the ballot.
If any or all of the proposed measures appear on the ballot, the
City Council would need to make the following three choices:
I.Whether to have the City Attorney prepare an
impartial analysis of the ballot measures.
2. Whether to authorize one or more members of the
City Council to file an argument for or against
each ballot measure.
3. Whether to allow for rebuttal arguments in the
sample ballot.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter. No one
responded.
Regular City Council Meeting Minutes
May 24, 2010
It was moved by McCormick, seconded by Newmire, to
close the public hearing, the time being 9:16 a.m. Motion
carried. 5-0
It was the consensus of the City Council to include
all three proposed measures on the ballot.
City Attorney Wiener clarified that the three choices
he outlined during the public hearing are all optional and
correspond respectively to Sections 6, 7, and 8 of the draft
resolution in the agenda packet. At Councilman Newmire's
request, he further explained the option relating to rebuttal
arguments.
It was the consensus of the City Council to include
only Section 6, the City Attorney's impartial analysis, of the
draft resolution, and delete the optional choices outlined in
Sections 7 and 8.
RESOLUTION NO. 2010-60 - A Resolution of the City
Council of the City of Vernon Calling a Special Mailed Ballot
Election to be Held on August 31, 2010 and Ordering that
Measures be Submitted to the Voters of the City to Amend the
City Charter Regarding City Council Member Qualifications, to
Amend Section 5.45 of Aritcle IV of Chapter 5 of the City
Municipal Code to Expand the Use of the Proceeds of the Special
Parcel Tax on Warehouses, Truck Terminals, Freight Terminals,
Railroad Facilities or Other Distribution Facilities, and to
Amend the City Charter to Restrict the Use of Certain Light and
Power Revenues to Supporting the Light and Power Enterprise.
It was moved by McCormick, seconded by Newmire, that
Resolution No. 2010-60 be approved and adopted with the omission
of the optional Sections 7 and 8. Motion carried. 5-0
The Consent Calendar was presented.
CONSENT CALENDAR
Fire Department
1. Activity Report for the period of May 1 through May 15,
2010, to be received and filed.
Health & Environmental Control Department
1. April 2010 Monthly Report, to be received and filed.
Police Department
1. Activity Log and Statistical ,Summary of Arrest and
Activities for the period of May 1 through May 15, 2010, to
be received and filed.
Treasurer's Department
1. Approval of Payroll Warrant Register No. 647, covering the
period March 14 through April 10, 2010, totaling
$2,869,667.57, and consisting of the following:
■ Ratification of electronic fund transfers (EFTS)
totaling $2,749,964.70;
■ Ratification of the issuance of early checks totaling
$103,292.13; and
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Regular City Council Meeting Minutes
May 24, 2010
■ Checks paid through prior General Fund Warrant
Register totaling $16,410.74.
2. Approval of the following Warrant Registers covering the
period of May 11 through May 17, 2010.
a. City Warrant Register No. 1314, totaling $549,811.64,
which consists of the following:
■ Ratification of wire transfers totaling $304,329.41;
■ Ratification of the issuance of early checks totaling
$5,070.43; and
■ Authorization to issue pending checks totaling
$240,411.80.
b. Light & Power Warrant Register No. 279, totaling
$171,556.52, which consists of the following:
■ Ratification of wire transfers totaling $103,013.41;
■ Ratification of the issuance of early checks totaling
$1,342.50; and
• Authorization to issue pending checks totaling
$67,200.61.
c. Gas Warrant Register No. 67, totaling $28,332.45, which
consists of the following:
■ Ratification of the issuance of early checks totaling
$6,839.25; and
■ Authorization to issue pending checks totaling
$21,493.20.
It was moved by Maisano, seconded by Newmire, that the
matters on the Consent Calendar be approved as recommended.
Motion carried. 5-0
ORDINANCE NO. 1168 - An Ordinance of the City Council
of the City of Vernon Amending Section 2.1 of the Vernon City
Code Relating to the Time, Place and Agenda Topics of City
Council Meetings, was read by title for a second reading.
It was moved by Maisano, seconded by McCormick, that
Ordinance No. 1168 be approved and adopted. Motion carried. 5-0
Councilman Davis asked when the new meeting schedule
would commence.
City Attorney Wiener and Deputy City Clerk Kristen
Enomoto stated that the last regular meeting under the weekly
schedule will occur on June 21, 2010, and the first regular
meeting under the new schedule will occur on July 12, 2010, with
no regular meetings scheduled between those two dates.
RESOLUTION NO. 2010-61 - A Resolution of the City
Council of the City of 'Vernon Approving and Authorizing the
Execution of a Professional Services Agreement by and between
the City of Vernon and R.W. Beck, Inc. for Engineering Services
Regarding the Malburg Generation Station.
It was moved by Maisano, seconded by Davis, that
Resolution No. 2010-61 be approved and adopted. Motion carried.
5-0
RESOLUTION NO. 2010-62 - A Resolution of the City
Council of the City of Vernon Approving and Adopting City of
Vernon Administrative Policy Respecting the Care and Procedures
for the Loss, Theft or Damage to City -Owned Property and the
Property of City Employees.
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May 24, 2010
It was moved by Maisano, seconded by Newmire, that
Resolution No. 2010-62 be approved and adopted. Motion carried.
5-0
RESOLUTION NO. 2010-63 - A Resolution of the City
Council of the City of Vernon Establishing Annual Targets for
Energy Efficiency Savings and Demand Reduction for the Next Ten
Years and Authorizing the Submission of Reports Relating to
Energy Efficiency and Demand Reduction in Accordance with
Assembly Bill 2021.
It was moved by Davis, seconded by Maisano, that
Resolution No. 2010-63 be approved and adopted. Motion carried.
5-0
RESOLUTION NO. 2010-64 - 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 for Financial Advisory Services
Regarding the Sale of the Tehachapi Renewable Energy Land.
It was moved by Newmire, seconded by Maisano, that
Resolution No. 2010-64 be approved and adopted. Motion carried.
5-0
The City Clerk announced that this was the time for
conference/seminar reports from elected officials for the period
of May 17 through May 23, 2010.
The Mayor reported that none of the Councilmembers
attended conferences or seminars during the period of May 17
through May 23, 2010.
The City Clerk announced that this was the time for
reports and announcements from the City Administrator.
City Administrator O'Callaghan reported as follows:
1. The R.W. Beck agreement passed by resolution
today provides for third party verification of
the annual MGS performance testing. The outage
related to the testing is going well and the
costs of energy being purchased by the City'
remain affordable.
2. The final draft of the proposed 2010-2011 fiscal
year budget should be completed this week, and
will be distributed to the Councilmembers shortly
thereafter.
3. A concern was raised recently in a memo from Fire
Chief Whitworth regarding Fire Marshal duties.
The Vernon City Code includes a provision for the
City Administrator to assign certain sections of
the Fire Code to the Director of Community
Services. Such an assignment was made in 1991
and reaffirmed in 2008 by former City
Administrators. Upon conferring with City
Attorney Wiener, it was determined that the 1991
assignment should be reversed and the related
code section should be repealed in order to
comply with current state law, being that the
City now has a Fire Marshal. An ordinance
repealing the relevant code section will be
presented at an upcoming meeting. In the
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Regular City Council Meeting Minutes
May 24, 2010
meantime, written direction will be delivered to
the Director of Community Services and the Fire
Chief to reverse the 1991 assignment and properly
realign the Fire Marshal duties.
The City Clerk announced that this was the time for
reports and announcements from members of the City Council.
Councilman Davis asked Director of Light &Power Donal
O'Callaghan what caused the major dimming of the lights that
occurred this morning in the Council Chamber.
Director O'Callaghan responded that it was more likely
a Community Services Department issue and asked Director Kevin
Wilson to respond.
Director Wilson advised that a soft start had been
installed on the air conditioning motor to decrease the light
dimming that had routinely been caused by the unit, but stated
that because the intensity and duration of this morning's
dimming was much greater than normal, he would investigate the
incident with the Director of Light & Power and report back.
Director O'Callaghan speculated that maybe power was
switched over on one of the feeders, but stated that he would
look into the matter.
Mayor Pro Tem McCormick thanked the Police Chief and
Fire Chief for making the units available for the Boy Scout
event that took place over the weekend.
None of the other Councilmembers had anything to
report at this time.
The City Council recessed into closed session to
discuss the items listed on the closed session agenda.
Closed Session Reports: The City Attorney reported
that there were no reportable actions.
It was moved by McCormick, seconded by Newmire, that
the meeting be adjourned at 10:18 a.m. Motion carried.
City Clerk
Hilario Gonzal s
Mayor
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