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20040804 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST'4, 2004,. AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE,- VERNON, CALIFORNIA MEMBERS PRESENT Malburg, Ybarra, Gonzales', Davis, McCormick MEMBERS ABSENT:; None The meeting was called to order by Mayor- Malburg. It was moved by Ybarra, seconded by Davis;, that the Minutes of the Adjourned Regular City Council Meeting held July 28, 2004, be approved and adopted as submitted. Motion carried. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council. Sergio Canales Engineering Aide 5 years Charla Duncan Secretary 25 years Martha Valenzuela Office Manager 2-5 years t Police Department Activity Log for the period July 15 through 31, 2004, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period July 15 through 31, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period July 15 through 31, 2004, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period July 15 through 3`1, 2004, be received and filed,' Motion carried. The City Clerk asked that the following resolution be. deferred to the next council meeting. RESOLUTION NO. 8487 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and New Age Fuel, Inc. in Connection with the City's Public Benefit Program. (Deferred from City Council Meeting held July 28, 2004.), It was moved by Gonzales, seconded by Davis, that Resolution No. 8487 be deferred to thenextcouncil meeting., Motion carried_ RESOLUTION NO. 8488 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By .and Between the City of Vernon and Standard` Capital Group, Inc: Regarding the Malburg Generating Station Project and the Indust-rial Base Financing Project (Deferred from City Council Meeting held Judy 28, 2004.-), was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 8488 be .approved and adopted. Motion carried. Regular City Council Meeting Minutes August 4, 2004 RESOLUTION NO. 8492 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Myers Power Products, Inc. for the Malburg-Generating Station Project (Deferred from City Council Meeting held July 28, 2004.), was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8492 be approved and adopted. Motion carried'. RESOLUTION NO. 8504 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting services By and Between the City of Vernon and PIC Environmental Services for Site Assessment at 5001 S. Soto Street (Deferred from City Council Meeting held July 28, 2004,.), was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8504 be approved and adopted. Motion 'carried. RESOLUTION NO. 8505- A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Three to Agreement For Professional Consulting Services. By and Between the City of Vernon and Raymundo Engineering Co., Inc. Regarding Gas Distribution System (Deferred from City Council Meeting held July 28, 2004-,), was presented. It was moved by Ybarra, seconded by Gonzales, that - Resolution No. 8505 be approved and adopted.. Motion carried. The City Clerk announced that now was time for anyone in the audience who wished to address the City Council on any item on the agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who whished to address the Council at this time. Angela Gibson, Area Manager External Affairs from SBC California, formally introduced herself to the•City Council, She informed the Council that she has been working with SBC for twenty-five years and is looking forward to working with the City of Vernon. There was no one else who wished to address the City Council at this time, The City Clerk advised that now was the time to open the public hearing to consider a request for a Conditional Use Permit from A & M Express, Inc., located at 4641 Hampton Avenue, to continue operating an existing freight and truck terminal. I.t was moved by Ybarra, seconded by Davis, to open the public hearing the time being 5:05 p.m.- Motion carried. Page 2 of 10 Regular City Council.Meeting Minutes August 4, 2004 Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter and the staff report. Mr. Wilson also recommended that an additional condition be included and approved. Communication from Kevin Wilson, Director of Community Services and Water, dated June 9, 2004, was presented, advising that A & M Express, Inc; (hereinafter referred to as "A & M") has submitted an application for a conditional use permit to operate an existing truck and freight terminal at 4641 Hampton,Street The proposed operation will include the hauling and temporary Storage of general products, which provides worldwide pick-up and delivery service of a wide range of items. The facility's operating hours will be 6:00 a.m. to 8":00 p.m., Monday through Friday with occasional Saturday work as needed. The applicant has not proposed any changes to the size, shape or topography of the existing site. Submitted herewith are the following supporting documents;' I. Staff Report dated June 9, 2004, 2. Request for conditional use permit and information supporting the application. 3.. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and, affidavits of posting and mailing. The project is categorically exempt from CEQA because it is an existing facility as described in: Section 15301. A Notice of: Exemption will be prepared and filed with the 'County Clerk, In my opinion the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The•project.is consistent with the General Plan as adopted by the City of Vernon. It is hereby recommended that the ,City Council determine; 1. That the project is consistent with the General Plan as ,adopted by the City of Vernon. 2, That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that the conditional use permit be granted subject to the following conditions: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a conditional use permit, All trucking operations, including truck and trailer parking, shall be limited to the lot located at 4641 Hampton Street in the City of Vernon. b. All required, federal, state, local and regulatory agency permits shall, -be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. Page 3 of 10 Regular City Council Meeting Minutes August 4, 2004 c.Any extension, change in use, change in ownership interest, and/or the issuance of a new occupancy permit shall require: a new conditional use permit. d.,All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds:. Where parking or maneuvering areas adjoin the public street a barrier wall or landscaping shall be installed and maintained to meet City standards, Adequate on -site parking shall be maintained so that no off-street parking will occur. e, The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances.. The The property shall be provided with adequate refuse containers and refuse disposal services. Collection service shall be performed by a City of Vernon franchised solid waste hauler. f The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free: g. Servicing of vehicles, including but not limited to,"" washing, steam cleaning and repairing, shall not be permitted on the premises and shall only be performed at 'facilities in compliance with appropriate codes. No , inoperative vehicles shall be stored on -site. All vehicles operated at the 'facility shall be tuned and maintained in accordance with applicable emission standards,..; h. No equipment or freight shall be stored on the site other than in buildings, trailers or on the docks (outside storage is prohibited). i. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, and a Storm Water Pollution Prevention Plan shall be prepared and implemented. j. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. k. The facility shall be operated in a<manner that will not impede traffic on Hampton Street. All vehiclesshall enter and exit the site in a front forward manner. No maneuvering shall take place on the public street 1;All existing cracked sidewalk, driveways, curb and gutter adjacent to the site in Hampton Street shall be repaired and maintained to meet City standards; m. This Conditional Use Permit shall become void on January 1, 2029 in accordance with Section .26.4.6-3 of the Vernon Municipal Code or when A & M no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first. Upon the permit becoming void, A & M shall vacate the site. Page 4 of 10 Regular City Council Meeting Minutes August 4, 2004 The Mayor asked if anyone in the audience had any questions regarding this matter. There was no one who wished to address the City Council on this matter. It was moved by Gonzales, seconded by McCormick, to close the public hearing, the time being 5:09 p.m. Motion carried. It was moved by Ybarra;, seconded by Davis, that the aforementioned communication from the Director of Community Services, and Water, dated June 9, 2004, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendations approved. Motion carried. It was moved by McCormick, seconded by Davis,, that the City Council determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council determines that the project will not have a significant effect on the environment,, Motion carried. It was moved by Davis, seconded by McCormick, that the City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. RESOLUTION NO. 8458- A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to A & M Express, Inc. for the Operation of an Existing Freight and Truck \ Terminal at 4641 Hampton Street (Continued from City Council Meeting held June 16, 2004_.), was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8458 be approved and adopted. Motion carried. The City Clerk advised that now was the time to open the public hearing to receive testimony and evidence to assist in the determination, within its legislative power, that Contract No. 570 'satisfies the requirement that the project improves traffic circulation and roadway conditions in the City. It was moved by McCormick, seconded by Gonzales, to open the public hearing the time being 5:10 p.m. Motion carried. Kevin: Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter and the staff report, ` Communication from Kevin 'Wilson, Director of Community Services and Water', dated July 28, 2004, was presented, advising that the Alameda Corridor Transportation Authority (ACTA) has agreed to contribute $1,750,000.00 for a traffic improvement project that will improve circulation and roadway conditions within the City. City 'staff 'is recommending that said contribution be utilized to assist in the funding of Contract Page 5 of 10 Regular City Council Meeting Minutes August 4, 2004: No. 570, Bandini,Boulevard, Leonis Boulevard, 37th Street and 38th Street Improvements. Submitted herewith are the following supporting documents: • Section 1.4.8(I)(b) of the MOU between ACTA and the City of Vernon. • The Letter of Understanding dated October 14, 1999 between ACTA and Vernon. • The Settlement Agreement between ACTA and Vernon • Affidavits of Posting and Personal Delivery of the Notice of Public Hearing. • Staff Report. It is hereby recommended to determine that Contract No;. .570' satisfies the criteria for contribution outlined in the Letter of Understanding between ACTA and the City of Vernon. The Mayor asked if anyone in the audience had any questions regarding this matter._ There was no one who wished to address the City Council on this matter. It was moved by Gonzales, seconded by Davis, to close the public hearing, the time being 5:15 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that, the aforementioned communication from the Director of Community services and Water, dated July 28,, 2004, and ,any and all supporting documents,submitted as evidence during the public hearing be received and filed and; his recommendation, be approved. Motion carried. RESOLUTION NO. 8507 A Resolution of the City Council of the City of•Vernoh Finding and Determining that Work Performed Under Contract No. 570 Qualifies for Contribution Established in the Letter of Understanding and Memorandum of Understanding with the Alameda Corridor Transportation Authority, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No, 8507 be approved and adopted. Motion carried,, Communication from Kevin Wilson, Directorof Community Services and Water, dated July 28, 2004, was presented, advising that the bids received and opened on April 7, 2004, according to Contract No. 570, Bandini Boulevard, Leonis Boulevard, 37th Street and 38th Street Improvements, are as follows: Sully Miller Contracting Company $ 2,049,398.00 All American Asphalt $ 2,130,433.26 Sequel Contractors $ 2,135,974.73 Security Paving Company $ 2,165,554.00 PALP Inc., DBA Excel Paving Company $ 2,193,426.00 SHAWNAN $ 2,222,221.75 The bids have been reviewed and it is hereby recommended that this contract be awarded to Sully Miller Contracting Company in the amount of their bid of $2,049,398.00: Page 6 of 1'0 Regular City Council Meeting Minutes August 4, 2004 It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated July 2.8, 2004 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 850$ - A Resolution of the City Council of the City of Vernon Accepting the Bid of Sully Miller Contracting Company for the Bandini Boulevard, Leonis Boulevard, 37th Street and 38"th Street Improvements in accordance with Contract No, 570of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8508 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated July 21, 2004, was presented, requesting authority and funds for Utilityman II Andrew Thompson to attend the "How to Comply with Cal/OSHA" at Ontario on September 14 and 15, 2004, with an expense allowance of $521,;;80. It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Andrew Thompson to attend the aforementioned class with an expense allowance of $521.80. Motion carried. Communication' from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 27, 2004, was presented, requesting authority and funds for Assistant City Clerk Gloria Mol,leda to attend the "Southern `Nuts & Bolts'' Workshop at Brea on October 7 and 8, 2004, with an, expense allowance of $239.72 It. was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Gloria Molleda to attend the aforementioned workshop with an expense allowance of $239.72, Motion carried. RESOLUTION NO. 8510 - A Resolution of the City Council of the City of Vernon Approving :and Authorizing the Execution of a Third Amendment to Contract for Procurement, Construction and Startup By and Between the City of Vernon and Marelich Mechanical Co., Inc. dba University Marelich Mechanical'& Galliera, Inc, dba Trico Construction, a Joint Venture, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8510 be :approved and adopted. Motion carried. RESOLUTION NO.,. 8511 - A Resolution of the City Council of the City of Vernon Adopting a Renewable Portfolio Standard, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8511 be approved and adopted,. Motion carried. RESOLUTION NO. 8512 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Lease By and Between the City of Vernon and Unimaginable, LLC'. fror the Vernon Business and Technology Development Center, was presented. Page 7 of 10 Regular City Council Meeting Minutes August 4, 2064 It was moved by Gonzales, seconded by Davis, that Resolution No. 8512 be approved and adopted. Motion carried. RESOLUTION NO. 8513 - A Resolution of the City Council of the City of Vernon Authorizingthe Issuance of Request For Proposal for Engineering Services for a Citywide Traffic Volume Data Collection and Study, -was presented,. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8513 be approved and adopted:. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 2-9, 2004, was presented, transmitting the Agenda for the Adjourned City Council Meeting - Finance Committee Section, to be held on August 4, 2004, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations'on the 'Agenda for the Adjourned City Council' Meeting - Finance Committee Section, held on August 4, 2004, be approved. Motion carried. RESOLUTION NO. 8509 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Revere Wallace for Legal Services, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 85,09 approved and adopted. Motion carried. RESOLUTION NO. 8514 - A Resolution of the City Council of the City of Vernon Declaring its Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness It was moved by McCormick, seconded by Davis, that Resolution No. 8514 approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 29, 2004, was presented, transmitting the' Agenda for the Regular City Council Meeting - Personnel Committee Section, to be held on August 4, 2004, for approval of .the recommendations contained therein. It was moved. by Ybarra, seconded by Gonzales., that the recommendations on the Agenda for the Regular City Council Meeting - Personnel Committee Section, held on August 4, '2004, be approved. Motion carried. City of Vernon Warrant Register No. 1145 covering claims and demands presented during the period of July 2`2, 2004 through July 28, 2004 drawn on Bank of America totaling $229,343..72, which includes Demand Nos.'301885 through 301980 (inclusive), and also excluding, Void Demand Nos, as listed below.,(Accounting period June, paid in August 2004) was presented: 301913 301914 301915 301:916 301917 301918' 30191.9 301920 301921 301922 301923 301924 Page 8 of 10 Regular City 'Council Meeting Minutes August 4, 2004 It was moved by Ybarra, seconded by Davis, that the City of Vernon Warrant Register No. 1145 be approved and payment authorized for. claims and demands totaling $229,3.43.72, excluding Light & Power demands and voided checks as listed above. Motion carried-. City of Vernon Warrant Register No. 1142 covering claims and demands presented during the period of June 10 through July 7, 2004 drawn on Bank of America totaling $160,545.29,, which includes Demand Nos. 301304, 301331., 301337, 301339 through 301350, 301352, 301355, 301359, 301360, 301375,, 301379, 301381, 301382, 301387, 301388, 301397, 301404, 30140S' 301410 and 3016I4.through 301643 (inclusive), and also excluding, Void Demand Nos, as listed below.: (Accounting period July 2004), was presented:. Light & Power of the City of Vernon Warrant Register No. 110 covering claims and demands presented during the period of July 22, 2004 through July 28, 2004 drawn on Bank of America totaling $1,475,561.86, which includes Demand Nos. 500506 through 500535 (inclusive), also excluding Void Demands Nos;., as listed below. (Accounting period June paid in August 2004), was presented: 500518 500519 500520 500521 500522 500523 It was moved by McCormick, seconded by 'Gonzales, that the Light -'& Power of the City of Vernon Warrant Register No. no be approved and payment authorized for Light & Power's claims and demands totaling $1,475,561.86. Motion carried. Councilman Davis abstained.from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income The Mayor called a.short recess at 5:35 p.m. The City Council reconvened in regular session at 5:39 p.m., all members present before the recess again being present, The City Clerk announced that now was the time to go into closed session with respect to employee discipline/ dismissal/release pursuant to Government"Code Section 54957, It was moved by Gonzales, seconded ,by Davis, to go into closed session with respect to every item of business to be discussed pursuant to Government Code Section 54957, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, the time being 5:39 p.m Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney,_ Assistant City Clerk, the 'Director of Community Services and Water, and Utilityman I. . The Mayor ordered all communications to and from closed session deemed privileged and confidential. Utilityman I was excused from closed session at 5:46 p•m• Page ,9 of 10 Regular City Council Meeting Minutes August 4, 2QQ4 The Director of Community Services and Water was excused from closed session at 5:58 p.m. It was moved by Gonzales, seconded by Davis, that the Council go out of closed session with respect to employee discipline/dismissal/release matters, pursuant to Government Code Section 54957, the time being, 5:59 p.m Motion carried. It was, reported out that the City Council had a conference with the City Attorney with respect to Government - Code Section 5495,1, (a) EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE and that appropriate direction was given to staff. The City Clerk announced that now: was the time to go into closed session with respect to existing litigation pursuant to subdivision (a) of Government Code 54956.9.. It was moved by Davis, seconded by Ybarra, to go into closed session with respect to existing ,litigation matters, pursuant to subdivision (a) of "Government Code 54956.9,' the time being 6:00 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, the City Attorney, and the Assistant City Clerk. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session with respect to existing litigation matters pursuant to subdivision (a) of Government Code 54956.9, and resume regular session, the time being, 6:06 p.m. Motion carried. It was reported out that the City Council had a conference with the City Attorney in closed session and direction was given to the City Attorney to take appropriate action in the matters of LASC No. BC 207136, USDC No. CV-00- 12891 JFW (AJWx), and DFEH No. E-200405-T0053-00ae/EEOC`No. 37AA411316. No action was taken on the remaining of the existing litigation matters.' 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 6:06 p.m. Motion carried. eonis C. M41burg Mayor , ATTEST - Bruce V. Malkenhorst City Clerk' Page 10 of 10