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20050202 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON' HELD FEBRUARY 2 2005, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 430.5 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT': Malburg, Ybarra, Gonzales, Davis, McCormick' MEMBERS ABSENT'. None The meeting was called to order by Mayor Malburg. The City Clerk asked if there were any additions, deletions, or changes to the agenda. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held January 19, 2005, be approved and adopted as submitted. Motion carried. The City Clerk announced that,it was the time to present the Police Department's Life Saving Award to Police Officer Sal Ramos for his outstanding performance in saving a woman's life. Chief of Police Benudi,z summarized the events that lead to this recognition. Mayor Malburg presented the award to Officer Sal Ramos and congratulated him on behalf of.the entire City Council,- The City Clerk announced that now was the time to present the service pins. The Mayor presented service pins to the following, employees and extended congratulations on behalfof the entire City Council: Jerry Winegar Police Of-f'icer 15 Years. Silas Williams Utilityman II 15 Years Joan Francone Risk Manager/Personnel 15 Years `Assistant The following employees were unable to attend the meeting and their service pins were accepted by their respective department head. Belinda Mejia Dispatcher 5 Years Donald Vanover Police Officer 10 Years Shirley Salas Account Clerk 10 Years A Proclamation Of The Mayor And The City Council of The City Of Vernon Commending and Honoring Alpert & Alpert Iron & Metal, Inc. on It's 75th Anniversary, was presented.. Police Department Activity Log for the period January 16 through 31, 2005, was presented. It was moved by McCormick, seconded,by Gonzales, that the Police Department Activity Log for the period January 16 through 31, 2005, be received and filed. Motion carried. Regular City Council Meeting Minutes February 2,, 2005 Fire Department Activity Report for the period January 16.through 31, 2005, was presented.. It was moved by Gonzales, seconded by Ybarra,-that the Fire Department Activity Report for the period January 16 through 31, 2005, be received and filed. Motion carried. RESOLUTION NO. 8670 - A Resolution of the City Council, of the City of Vernon Authorizing the Purchase of One 2bos Chevrolet Pickup Truck by Joining on the State`of California, Department of General Services, Procurement Division, Contract No. 1-05-23-20 Awarded to Miata Chevrolet and Authorizing the Termination of the Lease Agreement with Ford Motor Credit Company, was read by title. It was moved by Davis, seconded by McCormick that Resolution No. 8670 be approved and adopted. Motion carried. The City Clerk announced that.now was the 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 wished to address the City Council at this time. There was no one wishing to address the City Council at this time, The City Clerk announced that now was the time to open the Public Hearing - to consider a Conditional Use Permit Application from Oseguera Trucking Co., Inc. to operate an existing trucking terminal located' at 2634 26th Street,,, It was moved by Ybarra, seconded by Davis, to open the public hearing to consider a Conditional, Use Permit Application from Oseguera Trucking Co:, Inc. to operate an existing trucking terminal located at 2634 26th Street, the time being 5:10 p.m. Motion carried. The Director of Community Services summarized the> details involved in this matter and recommended that the City Council considered the approval of said conditional use permit.> Communication from Kevin Wilson, Director of Community Services & Water, dated January 20, 2005, was presented, advising that Qseguera Trucking Co., Inc. (hereinafter referred to as "Oseguera Trucking") has submitted an application for,a conditional use permit to operate a trucking terminal at 2634 26th Street, The proposed operation will 'include the hauling and storage of produce, pick-up and delivery services. The facility's operating hours will be 12:00 a.m. to 6°:00 p.m., Monday.through Friday. The applicant has not proposed any changes to the size, shape or topography of 'the existing site, Page 2 of 18 Regular City Council Meeting Minutes February 2, 2005 Submitted herewith are the following supporting documents,, l.. Staff -Report dated January 24, 2005. 2. Request for conditional use permit and information supporting the application. 3,. Notice of Public Hearing, copies of notification:. lettersto owners and tenants in the area and a-ffida-vits 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 withtheGeneral 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, and 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 2634 26th 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. e. Any extensions, 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 on -street parking or staging will occur. Page.3 of 18 Regular City Council Meeting Minutes February 2, 2005 e. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances, The property shall be provided with adequate refuse containers and refuse disposal,services. Collection service shall be 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. The site shall.maintain adequate drainage to eliminate', potential mosquito harborage. g. Servicing of vehicles, including but not limited to, washing, steam cleaning and 'repairing, shall not be permitted on the premises without prior approval from the Department. of Community Services and Health Department;.. 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)., - is In accordance with National Pollutant Discharge Elimination System permit regulations, Oseguera Trucking shall submit a Notice of Intent to the State Water Resources Control Board, 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. A Hazardous' Materials Inventory permit shall be. obtained from the'City of Vernon Health Department. L 'No food products shall be handled and/or stored, unless a Food Warehouse permit is obtained from the City of Vernon Health Department. M. The facility shall, be operated in a,manner that will not impede traffic on 26th Street, All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking shall take place on the public street. n. , All existing cracked sidewalk, driveways, curb and gutter adjacent to the site on`26th Street shall be repaired and maintained to meet City standards. 0. This Conditional Use Permit (CUP) shall become void on January 1, 2029, in accordance with Section 26.4.6-3 of the Vernon Municipal Code or when Oseguera Trucking no longer is conducting business as a trucking terminal at the subject site, whichever occurs first. Upon the permit becoming void, Oseguera Trucking shall vacate the site. Page 4 of 18 Regular City Council Meeting Minutes February 2, 2005' The Mayor asked if there .were any questions. There were no questions at this time. It was moved by Gonzales, seconded by Davis, to close the public hearing to consider a Conditional Use Permit Application from Oseguera Trucking Co., Inc. to`operate an existing trucking terminal.located :at 2634 26th Street, the time being-5:15 p.m. Motion carried. I.t was moved by ,McCormick, seconded by Ybarra, that the aforementioned communication from the Director of Community Services & Water, dated January 20, 2005, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved.. Motion carried. It was moved by Davis, seconded by Gonzales, that 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 McCormick, that City Council determines that the project will not have a significant effect on the environment.. Motion carried. It was moved by McCormick, seconded by Gonzales, that City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife.resources, Motion carried. RESOLUTION NO. 8649 - A Resolution of'the City Council of the City of Vernon Granting a Conditional Use Permit to Oseguera Trucking Co., Inc., for the, Operation of an Existing Truck Terminal at 2634 26th Street', was read by title. It was 'moved by 'Gonzales, seconded by_ Davis, that Resolution No. 8649 be approved and adopted. Motion carried, The City Clerk announced that now was the time to open the Public Hearing to consider a Conditional.Use Permit Application from Rehrig Pacific Company to operate an accessory warehouse in_excess of more than 50,000 square feet in the building located at 6250 Boyle Avenue. It was moved by Gonzales, seconded by-Ybarra, to open the public hearing to consider a Conditional Use Permit Application from Rehrig Pacific Company to operate an accessory warehouse in excess of more than 50,000 square feet in the building located at 6250 Boyle Avenue, the time being 5:16 p.m. Motion carried. The Director of Community Services & Water summarized the details involved in this matter and recommended that Council considered the approval of said conditional use permit.: Communication from Kevin Wilson, Director of Community Services & Water, dated January 26, 2005, was presented, advising that Rehrig Pacific Company has submitted an application for a conditional use permit: They are proposing to operate an accessory warehouse in excess of more,than 50,000 square feet in the building located at f6250.Boyle Avenue in the City of Vernon, Page 5 ,of 18 Regular City Council Meeting Minutes February 2, 2005 Submitted herewith are the following supporting documents: 1. Staff Report dated January 24 2005. : 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. Notice of Exemption will be prepared. 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. Lt is hereby recommended that the City Council determiner I, That the project is consistent with the General Plan as adopted by the City of Vernon. 2; That the project will not have a s=ignificant 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.,,. Regular City Council Meeting Agenda February 2, 2005 b. All required federal, stage, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. C. 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 on -street parking or staging will occur. d. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal se-rvices. e. Rehrig shall structurally maintain 6250 Boyle Avenue to exclude rodents and the property shall be maintained rodent free. Page 6 of 18' Regular City Council Meeting Minutes February 2,-2005 f, Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises andshallonly 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.. g. No equipment or freight shall be stored or assembled on the site other than in buildings, trailers (outside storage is prohibited). h. Adequate plans and materials must.be available: for handling Leaks or spills from vehicles during storage, loading or transportation. i; If required a hazardous materials permit shall be obtained from the City of Vernon Environmental Health Department for all hazardous materials/waste used, handled, or stored at the site. Hazardous materials/waste shall be handled and managed in compliance with all appropriate federal, state and local laws;. j. The facility shall be operated in a manner that will not impede traffic on Boyle Avenue. k. All required frontage improvements shall be constructed and all existing cracked sidewalk, curb and gutter adjacent to the site on Boyle Avenue ,shall be repaired and maintained to meet City Standards. 1. Any extension, expansion, change in use, change in ownership interest„ and/or the issuance of -a new occupancy permit shall require a new conditional use permit. m. Upon any expansion or structural alteration of the building, or,the advent of August 19, 2009, whichever occurs first, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4,E-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council.; The Mayor asked if there any questions on this matter. There were no questions at this time. It was moved by McCormick, seconded by Ybarra, to close the public hearing to consider a Conditional Use Permit Application from Rehrig Pacific Company to operate an accessory warehouse in excess of more than 50,000 square feet in the building located at 6250 Boyle Avenue, the time being 5,:23 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the 'Director of Community Services & Water, dated January 26, 2005, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. Page 7 of 18' Regular City Council Meeting Minutes February 2, 2005 It was moved by Ybarra, seconded by McCormick, that 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 Davis, seconded by Gonzales, that City Council determines that the project.will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by Davis, that City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried, RESOLUTION NO. 8650 — A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Rehrig Pacific Company tot the Operation of an Accessory Warehouse at 6250 Boyle Avenue, was read by title,; It was moved by Ybarra, seconded by Gonzales, that Resoluti.on No. 8650 be approved and adopted. Motion carried,. The City Clerk announced that now was the time to open the Public Hearing to consider a Variance application from Joseph Azizi to utilize one (1) non -conforming truck -loading space at their existing facility located at 3000 Santa Fe Avenue It was moved by Gonzales, seconded by Davis, to open the public hearing to consider a Variance application from Joseph Azizi to utilize one (1), non -conforming truck -loading space at their existing facility located at 3000 Santa Fe Avenue, the time being 5:24 p.m. Motion carried_ The Director of Community Services and Water summarized the details involved in this matter and recommended that Council considered the approval of said variance. Communication from Kevin Wilson, Director of Community Services & Water, dated January 26, 2005, was presented, advising that Joseph Azizi has requested a variance from the Comprehensive Zoning Ordinance,section 26.4.2-8(c), Development Standards for the property located at 3000 Santa Fe Avenue in the City of Vernon. The variance is to allow the use of one (1) non -conforming truck loading space. The loading space, however, will be restricted to trucks that do not extend into the public right-of-way. Submitted herewith are the following supporting documents: 1. Staff Report dated January 24, 2005, 2 Request for variance application 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. Page 8 of 18 Regular City.Council Meeting Minutes February 2, 2005' It is .hereby recommended that the variance application permit be granted subject to the following conditions; 1. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. 2. The applicant shall maintain the yard clean,, free of debris, and prevent the off -site migration of debris. 3. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances., 4.- Joseph Azizi shall _repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. 5 Upon any expansion or structural alteration of the building, or prior to August 19, 2009, the entire site shall be. made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4.E 4(b) of the Comprehensive zoning ordinance, unless a variance is granted by, the Vernon City Council.. 6. This variance shall automatically expire at the time of any expansion or'structural alteration of the building, or on ;August 19, 2009, whichever occurs first, at which time .the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning ordinance: It is the intent of the City Council that`sai'd"parking, access or loading area(s) be treated in the, same manner as a legal nonconforming use subject to Section 26.4,,6-4(b). 7. All parking and loading areas necessary for Joseph, Azizi operation shall be striped in an acceptable manner to the Director of Community Services & Water and 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 maintained to meet City standards. Adequate` on -site parking shall be maintained so that off-street parking will not occur. 8. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application, 9... The usage of the non -conforming truck loading space shall be limited so that no truck,parked at or using the loading dock shall extend into the street right-of-way as shown on the Master Plan of Streets, dated November 17, 2004. 10. This variance shall only be valid while Joseph Azizi remains the owner -of the property. A new 'variance will be required upon change of ownership. 11 All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases: 12. The facility shall be operated in a manner, which will not impede traffic on 30'th Street or Santa Fe Avenue. Page 9 of 18 Regular City Council Meeting, Minutes February 2, 2005 13. Joseph Azizi shall install new loading doors or modify the existing loading doors to prevent the doors from encroaching into the public right-of-way. 14. Signs -shall be posted"n front of the nonconforming' truck loading space stating the restrictions on.t_he length of the trucks accessing the subject loading dock. 15. Noncompliance with the conditions; shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Joseph Azizi to comply with the truck and automobile parking requirements of the Comprehensive Zoning Ordinance,, The Mayor asked if there were any questions on 'this matter.. The were no questions at this time. It was moved by Davis, seconded by McCormick, to close the public hearing to consider a Variance application from Joseph Azizi to utilize one (1,) non -conforming truck -loading space at their existing facility located at 3000•Santa Fe Avenue, the time being 5,:26. Motion carried. It was moved by Ybarra, seconded by ;McCormick, that the communication from the Director of Community Services Water, dated January 26, 2005, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8651 A Resolution of the City Council of the City of Vernon Granting a Variance to Joseph Azizi from. Section 26.4.2-8 (c) of the Comprehensive Zoning Ordinance,, for the Property located at 3000 Santa Fe Avenue in the City of Vernon, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8651 be approved and adopted. Motion carried. CONSENT CALENDAR —was presented. Police Department Requesting authority and funds for the below listed police officers to attend the "Investigative Interview and Interrogation Techniques" course at Glendale on March 14-18, '2005, with an expense allowance of $634.00, of which POST will reimburse $548.40 each: • Ana Quinones • Gustavo Herrera Page 10 of 18 Regular City Council Meeting Minutes February 2, 2005 HealthDepartment Requesting authority and funds for the below listed personnel to attend the ,7th California Unified Program Annual Training" conference at Universal City on February 7-10, 2005, with an expense allowance of $345.00 each: • David LeDuff - Environmental Health Specialist • Brett Koontz - Environmental Health Specialist • Dan Downing - Chief Deputy Director of Environmental Health It was moved by Davis, seconded by McCormick, that the matters listed on the Consent Calendar be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 6, 2005, was presented, advising that on December 1, 2004, this legislative body approved the purchase of six HP servers,for'the Police Department with a three year extended support to be obtained from Hewlett Packard c/o CDW-G at an approximate cost of $49,706.28. The Equipment Purchase Contract has been finalized by the City Attorney and it is hereby recommended that said contract be approved and executed. Deferred from,last meeting.. It was moved by Davis, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated January 6 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8642 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Hewlett-Packard Co. for Network Servers for Police Department:: Deferred from last meeting was read, by title and the City Clerk advised that THERE IS A TITLE CHANGE AS THIS IS GOING TO BE DONE BY PURCHASE=ORDER AND NOT a CONTRACT. RESOLUTION NO. 8642 - A Resolution of the City Council of the City of Vernon Authorizing the Purchase, of Proliant Network Servers from the Hewlett-Packard Company for the Police- Department Through Western States Contracting_ Alliance Contract No. A63309 and Authorizing the Issuance of a'Purchase Order, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8642 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 18, 2005, was presented, transmitting a fully executed Easement Deed from United Food Group, LLC, The Easement Deed is for rights of ingress and egress„ over, across, under and through the real property located along Vernon Avenue, and will be used for utility purposes. This has been reviewed by the Community Services' & Water Department and the City Attorney and it is hereby recommended that the Easement Deed be approved and the Mayor and City Clerk be authorized to sign the Certificate of Acceptance. Page 11 of 18 Regular City Council Meeting Minutes . February 2, 2005 It was moved by McCormick, seconded,by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 18, 2005, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 18, 2005, was presented, advising that. on January 5, 20Q5, this legislative body approved the 2005 rates for the Universal 'Care HMO Premier- 100 Plan for the period of January 1, 2005 through December 31, 2005, at an approximate cost of $1,177,255.80. The agreement has been reviewed by the City Attorney and it is hereby recommended that said agreement"be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 18, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUT"ION NO. 8653 - A Resolution of the City Council of`the City of Vernon Approving and Authorizing the Execution of a Universal Care Large Group Subscriber Agreement By and Between the City of Vernon and Universal Care for the HMO Premier 100 Plan, was read by title., It was moved by McCormick, seconded by Gonzales, that Resolution No. 8653 be approved and adopted. Motion carried. Communisation from Kevin Wilson, Director of Community Services & Water, dated January 25, 2005, was presented, advising that Contract No,. 568, Civic Center Yard Improvements, has been completed. The total contract amount, including Change Order No.. 1, is $376,102.11„ The 10% retention is $37,610.21, and is payable 35 days after the acceptance of work. This has been reviewed by the City Attorney and it is hereby recommended that the work be accepted and that'authoritybe granted to pay the contractor, EC Construction, 2213'Chico Ave,., S., E1 Monte.; CA 91733, in accordance with the agreement. It was moved by Ybarra, seconded"by Davis, that the aforementioned communication from the Director of Community Services & Water, dated January 25, 2005, be'received and filed and his recommendation approved.. Motion carried. RESOLUTION NO. 8652-.A .Resolution of the City Council of the City of Vernon Accepting the Work of EC Construction Company in Accordance with Contract No. 568 of the City of Vernon, was read by title. Itwasmoved by McCormick, seconded by Gonzales, that Resolution No. 8652 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 26, 2005, was presented, advising that the Solid Waste Franchise Agreement Insurance Requirements for solid waste franchisees have been''reviewed by the City Attorney and it is hereby recommended that Amendment No. One to the existing Non-exclusive Franchise Agreement for Solid Waste Management Services be approved and executed-, Page 12 of 18 Regular City Council Meeting Minutes February 2, 2005 It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 26, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8660 - A Resolution of the City Council of the City of Vernon Approving Revisions to Insurance Requirements for City of Vernon Standard Non-exclusive Franchise Agreement for Solid Waste Management Services with Franchisees, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 8660 be approved and adopted. Motion carried; Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 26, 2005, was presented, advising that theCity is.required to utilize reclaimed water at the Malburg Generating Station and Central Basin Municipal water District (CBMWD) has agreed to supply the required water with a condition that an agreement be entered into for regulatory and administrative compliance measures. This has been reviewed by the City Attorney -and it is hereby recommended that said agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City-Administrator/City Clerk, dated January 26, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8661 - A Resolution of the City Council of the 'City of Vernon Approving and Authorizing the Execution of Agreement No. C1397 By and Between the City of - Vernon and Central Basin Municipal Water;District for Regulatory and Administrative Compliance Measures, was read by title; It was moved by McCormick seconded by Gonzales,`that Resolution No. 8661 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 26, 2005, was presented, advising that in accordance with Resolution No. 8629, authorizing notice inviting bids for the purchase of a 2005 Ford Escape Hybrid for the Health Department, the following bids were received and opened on January 20, 2005; Don Kott Ford $24,919.44 Midway Ford " $25,515.00 Sopp Ford Truck Center $29,655.00 Wondries Ford No Bid Bids have been reviewed by the Health Department and the Purchasing Section and it�is hereby recommended that Bid No. 1436 be awarded to Don Kott Ford, a vehicle purchase 'contract be prepared, and a purchase order be issued for the purchase of a 2005 Ford Escape Hybrid at the approximate cost of;$24,919.44,. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator,/City Clerk, dated January 26, 2005; he received and filed and his recommendation approved. Motion carried. Page 13 of 18 0 Regu ar City Council Meeting Minute's February 2, 2005 RESOLUTION NO. 8662 - A Resolution of the City Council of the -City of Vernon Accepting the Bid of Don Kott Ford on Bid No. 1436 for the purchase of One 2005 Ford Escape Hybrid for the Health Department and 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 Gonzales, seconded by McCormick, that Resolution No. 8662 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 27, 2005, was presented,' advising that on October 20, 2004,-this legislative body approved an Equipment Purchase and Professional Services Agreement with Zetron, Inc., through Resolution No. 8554. Zetron has a contract through the State of California that allows the City to purchase the E911 System through a purchase order process, This has been reviewed .by the City ,Attorney and it is hereby recommended that Resolution No. 8554 be.rescinded and a purchase order issued to Zetron for the purchase and installation of the E911 System. It was moved by-Ybarra, seconded.by Davis, that the " aforementioned communication from the City Administrator/City Clerk, dated January 27, 2005, be received and filed and his recommendation approved, Motion carried. RESOLUTION NO. 8668 - A Resolution of the City Council of the City of Vernon Rescinding Resolution No 8554 Regarding an Equipment Purchase and Professional Services Contract with Zetron, Inc. and Authorizing the Issuance of a Purchase Order for Egli System for the Police Department, was read by tithe. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8668 be approved and adopted. Motion carried-. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 27, 2005, was presented, transmitting the Agenda for the Adjourned Regular City Council Finance Committee Section Meeting to be held February 2, 2005, for , approval of the recommendations contained therein. It was moved by Ybarra, seconded by;Davis,,that the recommendations on the Agenda for the Adjourned Regular 'City CouncilFinance Committee Section Meeting held February 2,, 2005, be approved.. Motion carried'. RESOLUTION NO. 8654 A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Agreement By and Between the City of Vernon and Air Cleaning Systems, Inc..for Plymovent Systems for Fire Stations 1, 3 and 4, was read by title.: It was moved by Gonzales, seconded by Davis, that Resolution No; 8654 be approved and adopted. Motion carried. Page 14 of.18 Regular City Council Meeting Minutes February'2, 2005 RESOLUTION NO. 8655 - A Resolution of the City 'Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of Three 2005 Chevrolet Tahoe Vehicles for the Police Department, was read.by title. It was moved by Davis seconded by Ybarra, that Resolution No. 8655 be approved and adopted.Motion, carried. RESOLUTION NO. 8656 - 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 Siemens Industrial Turbomachinery, Inc. for Combustion Turbine Generators and Steam Turbine Generator for the Malburg Generating Station Project, was read by title=. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8656 be approved and adopted. Motion carried. RESOLUTION NO. 8657 - 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 Enertech Consultants of Santa Clara, County, Inc, for the Malburg Generating Station Project, was read by title. It was moved by Ybarra, seconded by Gonzales, that` Resolution No. 8657 be approved and adopted. Motion carried. RESOLUTION NO;, 8658 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Letter Agreement for Legal Services By and Between the City of Vernon and Margolis &;Margolis, was read by title. It. was moved by Ybarra, seconded by Davis, that Resolution No. 8658 be approved and adopted. Motion carried. RESOLUTION NO. 8663 - A Resolution of the City.Council of the City of Vernon Approving and Authorizing the Execution of Standard offe'r, Agreement and Escrow Instructions for Purchase of Real Estate By and Between the City of Vernon and Masco ` Building Products Corp. for property located at 5119 District - Boulevard, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8663 be approved and adopted. Motion carried. RESOLUTION NO, 8664 A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No, One to the Exclusive Marketing Agreement With Kearny Real Estate Company in Connection with Real Estate Held by the City of Vernon,, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No.8664 be approved and adopted. Motion carried. RESOLUTION NO. 8665 - A Resolution of the City Council° of the City of Vernon Approving and Authorizing the Execution of an Amendment' No. One to the Exclusive Marketing Agreement with Lincoln Property Company Commercial, Inc. in Connection with Real Estate Held by the City of Vernon, was read by title. Page 15 of 18 Regular City Council Meeting Minutes February 2, 2005 It was moved by McCormick, seconded by Gonzales, that Resolution No. 8665 be approved and adopted. Motion carried. The City Clerk advised that Resolution Nos. 8666 and 8667 be removed from the agenda and no further action be taken at this time; RESOLUTION NO. 8666 - 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 Contra Costa Electric, Inc. for the Malburg Generating Station Project, RESOLUTION NO. 8667 - A Resolution of the City Council of the City of Vernon Approving and, Authorizing the Execution of an Equipment Purchase and ProfessionalServices Agreement By and Between the City of Vernon and Siemens Industrial Turbomachinery,.Inc. for the Malburg Generating Station Project. It was moved by Ybarra, seconded by Davis, that Resolution Nos.: 8666 and 8667 be removed from the agenda and no further action be taken at this time. Motion carried. The City Clerk advised that Resolution No. 8669 be deferred to the next City Council Meeting. RESOLUTION NO. 8669 A Resolution of the City Council of the City of 'Vernon Approving and Authorizing the Execution of a Gas System Maintenance Agreement By and Between the City of Vernon and Petrelli Electric, Inc., was read by title. It was moved by Gonzales, seconded by Ybarra„ that Resolution No. 8669 be deferred to the next City Council Meeting. Motion carried.` Communication from Bruce V. Malkenhorst, Director of Personnel,.dated January 27, 2005, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held February 2, 2005, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations`on the Agenda for the Adjourned Regular Personnel Committee Meeting held February 2, 2005, be approved. Motion carried. RESOLUTION NO. 8659 - A Resolution of the.City Council of.the City of Vernon Amending Resolution No. 8473 by Amending Page 15 of Schedule II (exhibit "B") of said resolution which Fixed the Compensation for Certain Employees of said City and Authorized Certain Expense Allowances, was read by title. It was moved by Ybarra,. seconded by Davis, that. - Resolution No. 8659 be approved and adopted. Motion carried. Page 16.of 18 Regular City Council Meeting Minutes February 2, 2005 City of Vernon Warrant Register No. 1157 covering claims and demands presented during the period of January.13, 2005 through January 26, 2005, drawn on Bank of America totaling $1,516,652.68, which includes demand.nos. 304332 through 304574, (inclusive), and also excluding,'Void demands as,listed below. (Accounting period February 2005) 304388 30438,9 _ 304390 304394 304395 304396 304397 304398 304399 It was moved by Ybarra, seconded by Davis, that the City of Vernon Warrant Register No. 1157 be approved and payment authorized for claims and demands totaling $1,516,652.68, Motion carried. Light & Power of the City of Vernon Warrant Register No. 122 covering claims.and demands presented during the period of January 13, 2005, through January 26, 2005, drawn on Bank of America totaling $4,658,821.82, which includes Demand Nos,: 501140 through 501193 (inclusive), also excluding Void Demand - Nos., as listed below.. (Accounting period February 2005):` 501161 501162 501163 501164 501165 501166 It was moved by Gonzales,, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 122 be approved and payment authorized for claims and demands totaling $4,658,821.82. Motion carried. Councilman Davis abstained and disqualified himself himself because it is reasonably foreseeable that his decision may have a material financial effect on his ,source of incomes City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of January 13, 2005 through January 26, 2005.drawn on The Bank of New York Trust Company, N.A. totaling $5,057,472.11, which includes Requisition Nos. 031 through 047 (inclusive)., It was moved by Ybarra, seconded by McCormick, that the City of Vernon Requisitions from the 2004 Series C for claims and demands totaling $5,057,472.11 be approved. Motion carried. The Mayor called a short recess at 5:50 p.m: The City Council reconvened in regular session at 5:54 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. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session, the time being 5:55 p.m.' Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, members of the City Attorney's Office, and outside Counsel of the City. Page 17 of 18 Regular City Council Meeting Minutes February 2, 2005 The Mayor ordered all communications to and from closed session deemed privileged and confidential. CLOSED SESSION 1, With respect to every item of `business`to'be discussed in closed session pursuant to subdivision (a) of Government Code 54957; a. Conference with Labor Negotiator "Agency negotiator: City Administrator Unrepresented classification 2. With respect to every item of business to be discussed in closed session`pursuant to subdivision (a) of Government Code 9 549,56.9. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) NSC No.. VC042138 3 With respect to every item of business to be discussed in closed session pursuant to subdivision (b) of Government Code 9- 5495`6.9 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation: Two (2) potential "case. It was moved by Gonzales, seconded by Davis, that the City Council go out of,closed session and resume regular session, the time being 6:05 p.m. Motion carried. It was reported out from closed session that the City Council had a conference with Legal Counsel and thatdirection was given to Legal Counsel in all the matters discussed in closed session: There being no further business to come before the 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. is C , Ma. burg Mayor ATTEST - Bruce V, Malkenhorst City Clerk Page 18 of 18