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20050504 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 4, 2005, 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. The City Clerk asked if there were any additions, deletions, or changes to the agenda. There were no changes to the agenda. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held April 27, 2005, be approved and adopted as submitted. Motion carried. 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 behalf of the entire City Council: Albert De La Cruz Utilityman III 15 Years Michael Hendrickson Controls Technician 15 Years Donald Quiroz Facilities Coordinator 20 Years Steven Towles Police Captain 25 Years The following employee was unable to attend the meeting and his service pin was accepted by his department head. Arturo Morales Utilityman II Police Department Activity Log for the period April 16th through April 30th, 2005, was presented. 25 Years It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period April 16th through April 30th, 2005, be received and filed. Motion carried. Fire Department Activity Report for the period April 16th through April 30th, 2005, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period April 16th through April 30th, 2005, be received and filed. 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. Regular City Council Meeting Minutes May 4, 2005 Ms. Susan Williams Guerra from Southern California Gas Company introduced herself, addressed the City Council, and introduced to the Council the new representative to assist the City, Ms. Martha Garcia. Ms. Martha Garcia introduced herself, addressed the City Council, and thanked the City for becoming a wholesale customer as of April 1, 2005, and their time. Ms. Arlene Savage introduced herself to the City Council and extended an invitation on behalf of the Salvation Army for a lunch and tour of the Southeast facility located in Huntington Park. ORDINANCE NO. 1108 - An Ordinance of the City Council of the City of Vernon Memorializing the Repeal of Appendix II of the Code of the City of Vernon, California, 1959, Rules and Regulations of Purchasing Department, which Occurred upon the Adoption and Passage of the City Charter on April 12, 1988, and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read for a second and final reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1108 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None The City Clerk announced that now was the time to continue the public hearing to consider a Conditional Use Permit application from Jam -Mart International dba: Crystal Promotions to operate a retail facility at 4400 Soto Street. It was moved by Ybarra, seconded by Davis, to continue the public hearing, the time being 5:10 p.m. Motion carried. The Director of Community Services & Water addressed the City Council, summarized this matter for them, and further advised that research was conducted on the concern addressed by Mr. Segal at the last meeting and that it has been determined that condition "g" is justified. Communication from Kevin Wilson, Director of Community Services & Water, dated April 20, 2005, was presented, advising that Jam -Mart International, dba: Crystal Promotions has applied for a conditional use permit to operate a retail facility at 4400 Soto Street in the City of Vernon. It is anticipated that up to 16,000 square feet of the building will be for retail use with the remainder being warehouse (approx. 7,932 square feet). The retail facility will operate from 7:00 a.m. to 7:00 p.m. seven days a week. Submitted herewith are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 2 of 11 Regular City Council Meeting Minutes May 4, 2005 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing, Notice of Intent. 4. Notice of Rescheduled Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. 5. Environmental Checklist Form and Initial Study. 6. Proposed Negative Declaration. 7. Comment letters received from interested parties. 8. City of Vernon Response to Comments. The project is consistent with the City of Vernon Comprehensive Zoning Ordinance and the City of Vernon 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 also recommended that a Negative Declaration be adopted and that a Notice of Determination and a DeMinimus Finding be filed with the County Clerk. 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. b. 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. C. Prior to occupancy, Crystal Promotions shall obtain a sales tax permit from the State Board of Equalization bearing the City of Vernon Tax number and a City of Vernon business license. d. 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. 3 of 11 Regular City Council Meeting Minutes May 4, 2005 e. The facility shall be operated in a manner, which will not impede traffic on Soto Street or 44th Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking associated with the facility shall take place on the public street. f. Dedicate to the City, by grant deed, property for the enlargement of the curb return at the southeast corner of 44th Street and Soto Street to provide for a 52-foot property line radius. The Grant Deed, legal description and maps shall be reviewed and approved by the City and recorded. g. Prior to occupancy the curb return at the southeast corner of Soto Street and 44th Street shall be enlarged to a 60' foot radius and a 52' foot property line radius. The existing driveway on Soto Street shall be removed and replaced with curb and gutter, and sidewalk. All existing cracked sidewalk, driveways, curb and gutter adjacent to the site on Soto Street or 44th Street shall be repaired and maintained to meet City standards. Remove, place or relocate including but not limited to trees, power poles, signs and fire hydrants, that conflict with proposed improvements and construct curb access ramps. h. Completely remove conflicting water vault on 44th Street and any abandoned utilities in the public right-of-way and adjoining the site. i. Prior to occupancy remove the driveway on Soto Street and replace with concrete curb, gutter, and sidewalk. Relocate the driveway on 44th Street in accordance with the site plan submitted. All subject work shall be in accordance with City Standards. j. The project site shall be constructed and maintained substantially in compliance with the site plan submitted as part of this conditional use permit application. k. 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. A City of Vernon franchised solid waste hauler shall perform collection service. 1. 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. M. The facility's building 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. n. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. 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. 4 of 11 Regular City Council Meeting Minutes May 4, 2005 0. No equipment or freight shall be stored on the site other than in buildings, trailers, or on the docks (outside storage is prohibited). p. Outdoor display of merchandise shall be prohibited. q. All on -site construction or improvements shall be in compliance with the 1997 Building Codes (Building, Fire, Mechanical, Plumbing and Electrical). The proponent shall obtain all necessary building, fire, mechanical, plumbing, and electrical permits from the City of Vernon Community Services Department prior to commencement of construction. The Mayor asked if there were any other questions on this matter. Mr. Barry Segal addressed the City Council and once again requested that the City Council reconsidered waiving condition "g" of the conditional use permit and/or considered cost sharing for this project by and between the City and Jam - Mart as suggested by the Director of the Community Services & Water. The Mayor asked if there was anyone else wishing to address the Council on this matter. There was no one else wishing to address the City Council at this time. It was moved by Gonzales, seconded by McCormick, to close the public hearing, the time being 5:20 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication presented by the City Administrator/City Clerk, dated April 20, 2005, on behalf of the Director of Community Services & Water 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 McCormick, seconded by Gonzales, that City Council determine 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 Davis, that City Council determine that the project will not have a significant effect on the environment. Motion carried. It was moved by Gonzales, seconded by McCormick, that City Council determine that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by Davis, that a Negative Declaration be adopted and that a Notice of Determination and a DeMinimus Finding be filed with the County Clerk. Motion carried. 5 of 11 Regular City Council Meeting Minutes May 4, 2005 RESOLUTION NO. 8707 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit for Jam - Mart International dba: Crystal Promotions to Operate a Retail Facility Located at 4400 Soto Street, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8707 be approved and adopted. Motion carried. The Consent Calendar was presented. Fire Department Requesting authority for personnel to attend the following: • "FDIC West 2005 Fire & EMS Training" conference • "Hazmat Technician - Modules lA & 1B" training Community Services & Water Department Requesting authority for personnel to attend the following: • "Fundamentals of Signal Timing and Operations" course • "The Ultimate Supervisor" seminar Police Department Requesting authority for personnel to attend the following: • "Customer Service" course • "The 7 Habits for Law Enforcement" course Finance Committee Request to issue a purchase order to Complete Thermal for the purchase and installation of an air conditioner unit for the city -owned property located at 3357 Fruitland Avenue at an approximate cost of $6,752.00. Request to issue a purchase order to Software Spectrum for the purchase of a SCL Server 2000 License necessary for the upgrade of the Envision Software Program in the Health Department at an approximate cost of $3,118.96. Personnel Committee A. Reimbursements Requesting authority to reimburse on an individual basis the below listed employees for the satisfactory completion of qualified courses • Daniel Armellini, Fire • Rex Hill, Police It was moved by Gonzales, seconded by Ybarra, that all the items listed on the Consent Calendar be approved. Motion carried. 6 of 11 Regular City Council Meeting Minutes May 4, 2005 Communication from Kevin Wilson, Director of Community Services and Water, dated April 27, 2005, was presented, advising that the bids for Contract No. 567, the District Boulevard and Fruitland Avenue Sewer Main Replacement (CMD Sewer, Phase III) and Street Improvements, were received and opened on April 12, 2005. The results are as follows: • Miramontes Construction Company Inc. $3,562,318.00 • Steve Bubalo Construction $6,512,590.96 Staff has reviewed the two bids and due to a lack of competitive bids, it is hereby recommended that the two received be rejected. It was moved by Davis, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, on behalf of the Director of Community Services & Water, dated April 27, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8734 - A Resolution of the City Council of the City of Vernon Rejecting the Bids Received for Contract No. 567 for District Boulevard and Fruitland Avenue Sewer Main Replacement and Street Improvements, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8734 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 18, 2005, was presented, advising that on January 5, 2005, this legislative body approved the issuance of a request for proposals to provide construction management services for the 26th Street Extension. The following five proposals were received: • Lim and Nascimento Engineering Corporation $ 726,962.09 • Vali-Cooper and Associates, Inc. $ 727,229.00 • Washington Group International $1,948,957.00 • Harris and Associates $ 813,805.00 • Willdan $ 598,270.00 After an extensive review of the proposals by the Community Services and Water Department Staff it has been determined that Harris and Associates and Willdan did not rate high enough in the preliminary rating to qualify for an interview. It is hereby recommended that a services agreement with Lim and Nascimento Engineering Corporation be approved and executed. It was moved by Gonzales, seconded by Davis, that the aforementioned communication presented by the City Administrator/City Clerk, dated April 18, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8735 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and Lim and Nascimento Engineering Corporation for 26th Street Extension Project, was presented. 7 of 11 Regular City Council Meeting Minutes May 4, 2005 It was moved by McCormick, seconded by Ybarra, that Resolution No. 8735 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated April 25, 2005, was presented, advising that on March 16, 2005, this legislative body authorized the issuance of Request for Proposals for Contract No. 582, the Fire Station No. 2 Replacement, Police Department and Public Works Building Remodel project. However, no bids were received. This has been reviewed by the City Attorney and it is hereby recommended that Contract No. 582 be approved and authorization be granted to advertise for bids. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication presented by the City Administrator/City Clerk, on behalf of the Director of Community Services & Water, dated April 25, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8736 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8692 Which Approved Contract No. 582 and Authorized Notice Inviting Sealed Proposals or Bids for Fire Station No. 2 Replacement, Police Department and Public Works Building Remodel, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8736 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 28, 2005, was presented, advising that based on the recent review of the agreement with Marelich Mechanical Company, Inc., dba University Marelich Mechanical & Galliera, Inc., dba Trico Construction ("UMM/T"), it is necessary that certain sections be amended. This has been reviewed by the City Attorney and it is hereby recommended that a twelfth amendment to the agreement with UMM/T be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated April 28, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8737 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Twelfth 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 for the Malburg Generating Station Project, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8737 be approved and adopted. Motion carried. 8 of 11 Regular City Council Meeting Minutes May 4, 2005 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 28, 2005, was presented, advising that in support of the Malburg Generating Station Project, it is necessary that the services of Mr. Ervin Patterson of Calpine Power Services, Inc. be retained to perform the duties of Commissioning and Start -Up Manager, commencing May 15, 2005, and terminating September 15, 2005, at a total estimated cost of $85,900.00. This has been reviewed by the City Attorney and it is hereby recommended that an agreement with Calpine Power Services, Inc. be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication presented by the City Administrator/City Clerk, dated April 28, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8738 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and Calpine Power Services, Inc. for the Malburg Generating Station Project, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 8738 be approved and adopted. Motion carried. Warrant Register No. 1163 covering claims and demands presented during the period of April 21 through April 27, 2005, drawn on Bank of America totaling $246,341.85, which includes Demand Nos. 305799 through 305901 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period May 2005): 305822 305823 305824 305825 305826 305827 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1163 be approved and payment authorized for claims and demands totaling $246,341.85. Motion carried. Light & Power of the City of Vernon Warrant Register No. 128 covering claims and demands presented during the period of April 21 through April 28, 2005, drawn on Bank of America totaling $194,612.79, which includes Demand Nos. 501478 through 501503 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period May 2005): 501488 501489 501490 501491 501492 501493 501494 It was moved Gonzales, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 128 be approved and payment authorized for claims and demands totaling $194,612.79. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonable foreseeable that his decision may have a material financial effect on his source of income. 9 of 11 Regular City Council Meeting Minutes May 4, 2005 Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of April 21 through April 27, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $10,072.95, which includes Requisition Nos. 115 through 120 (inclusive). It was moved by Ybarra, seconded by Davis, that the City of Vernon Requisitions from the 2004 Series C Construction Fund and the payment of claims and demands totaling $10,072.95 be ratified. Motion carried. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of April 21 through April 27, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $243,088.84, which includes Requisition Nos. CE118 through CE119 (inclusive). It was moved by Gonzales, seconded by McCormick, that the City of Vernon Requisitions from the Light & Power Custody Escrow Account No. 800452 and the payment of claims and demands totaling $243,088.84 be ratified. Motion carried. The City Clerk announced that now was the time to go into closed session. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session, the time being 5:35 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Director of Community Services & Water, Chief of Police, Police Captain, City Attorney, members of the City Attorney's Office, and outside legal counsel of the City. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by Gonzales, seconded by Ybarra, that City Council go out of closed session and resume regular session, the time being 5:57 p.m. Motion carried. It was reported out that the City Council had a discussion regarding three instances of EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE and that direction was given to staff on this matter. It was reported out that the City Council had a conference with legal counsel with respect to existing litigation FERC Docket No. EL00-105. The City Council gave authority to the City Attorney to cause an appeal to be filed in this matter. 10 of 11 Regular City Council Meeting Minutes May 4, 2005 There being no further business to come before the City Council at this time, it was moved by Gonzales, seconded by Ybarra, that the meeting be adjourned, the time being 6:00 p.m. aLeonis C. lbu g Mayor ATTEST: Bruce V. Malkenhorst City Clerk 11 of 11