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20050615 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 15, 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 advised that the approval of the Fourteenth Amendment with Marelich Mechanical Co., Inc. dba University Marelich Mechanical & Galliera, Inc. dba Trico Construction, a Joint Venture, that requires immediate action was brought to his attention after the agenda was posted, and asked that the City Council find that there is a need for this matter to be added to tonight's agenda. It was moved by McCormick, seconded by Gonzales, that the Fourteenth Amendment with Marelich Mechanical Co., Inc. dba University Marelich Mechanical & Galliera, Inc. dba Trico Construction, a Joint Venture, which requires immediate action be added to this agenda. Motion carried. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held June 1, 2005, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 8, 2005, was presented, advising that the below listed employees qualified in the month of May 2005 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: EMPLOYEE NAME POSITION George Ning Marisela Martinez Victor Modesto Carlos Fandino Robin Tolmasoff Renan Castro Curtis Kirkland Telephone Technician Account Clerk Utilityman II Systems Manager Administrative Legal Assistant Utilityman II Senior Electronics Technician DOH 04/21/03 05/15/00 09/04/94 O1/23/89 11/05/90 12/21/87 05/16/88 The Mayor presented the awards to the above listed employees and extended congratulations on behalf of the entire City Council. YEARS 2 5 8 12 14 15 17 The following employees were unable to attend the meeting. The awards were accepted by the respective department head. Ruben Herrera Utilityman III 08/14/89 3 Marco Reynoso Utilityman III 06/14/92 3 Celestino Chavez Police Officer, 02/20/01 4 Anthony Encinas Police Officer 05/07/01 4 Regular City Council Meeting Agenda June 15, 2005 Jacqueline Hamilton Dispatcher 10/26/98 Jose Ortiz Villa Engineering Aide 05/22/00 Michael Alway Sergeant 02/27/95 Wesley Cruz Engineering Aide 05/26/96 Paul Woida. Fire Engineer 08/17/87 The Mayor called a short recess at 5:05 P.M. The entire City Council reconvened in regular session, all members present before the recess again being present, the time being 5:08 p.m. Police Department Activity Log for the period June lst through 14th, 2005, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period June 1st through 14th1 2005, be received and filed. Motion carried. Fire Department Activity Report for the period June 1st through 14th, 2005, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period June 1st through 14th, 2005, be received and filed. Motion carried. Risk Management Report for the month of May 2005, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of May 2005, be received and filed. Motion carried. Health Department Report for the month of May 2005, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of May 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. 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 the adoption of Ordinance No. 1109. It was moved by McCormick, seconded by Ybarra, to open the public hearing to consider adoption of Ordinance No. 1109, the time being 5:10 p.m. Motion carried. 4 5 9 9 12 Page 2 of 11 Regular City Council Meeting Agenda June 15, 2005 The Director of Community Services & Water addressed the City Council and,briefly summarized the staff report on this matter for them and recommended the adoption of Ordinance No. 1109. Submitted herewith are the following supporting documents: 1. Staff Report on Adoption of 2004 California Electrical Code 2. 2004 California Electrical Code 3. 2003 Edition of the International Code Council Electrical Code Administrative Provisions It was moved by Gonzales, seconded by Davis, to close the public hearing to consider the adoption of Ordinance No. 1109, the time being 5:12 p.m. Motion carried. ORDINANCE NO. 1109 - An Ordinance of the City Council of the City of Vernon Amending Chapter 24, Building and Construction, of the Code of the City of Vernon; Adopting by Reference the 2004 California Electrical Code and the 2003 Edition of the International Code Council Electrical Code Administrative Provisions; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1109 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick. Noes: None Absent: None Abstained: None The Consent Calendar was presented. City Administration Requesting authority for City Officials/personnel to attend the following: • "Independent Cities Association - 45th Annual Seminar" • "National Notary Association Seminar" Fire Department Requesting authority for personnel to attend the following: • "OES/USAR Task Force Rescue Systems II Course" Police Department Requesting authority for personnel to attend the following: • "Suicide Prevention in Jails Course" • "L.A. Chief's Executive Workshop" • "Honoring the Badge Training Seminar" • "Front Desk Superstar Workshop" Page 3 of 11 Regular City Council Meeting Agenda June 15, 2005 Finance Committee Meeting of June 6, 2005 Request to revise a previously approved purchase order to be issued to J.M.H. Construction for the demolition and remodel of the bathroom for the City owned property located at 4327 Furlong Place at a revised amount of $16,224.00. Request to issue a purchase order to U.S. Traffic Corporation for the purchase of two solar powered arrow boards for the Community Services & Water Department at an approximate amount of $10,688.61. Request to issue a purchase order to South Bay Regional Public Communications Authority for the purchase and installation of certain equipment to be placed on Police Units 91 & 92 at an approximate amount of $18,516.19. Request to issue a purchase order to South Bay Regional Public Communications Authority for the purchase and installation of certain equipment to be placed on Police Unit 93 at an approximate amount of $7,178.47. Request to issue a purchase order to South Bay Regional Public Communications Authority for the removal of mobile computer mounts and related equipment from Police Units 60, 62, and 68 and reinstalling the same equipment and additional requested equipment on the three new recently ordered vehicles for the Police Department at an approximate amount of $14,976.29. Request to issue purchase orders to Motorola MR/Advanced Electronics for the purchase of four digital radios for Police Units 91 & 92 at an approximate amount of $19,362.40 and to Advanced Electronics for the programming of the same radios at an amount of $640.00. Continued Review of proposed 2005-2006 Budget. Finance Committee Meeting of June 13, 2005 Request to approve the Change Order with Verizon Select Services, Inc. for additional equipment for the Light & Power Department at an amount of $29,081.53. RESOLUTION NO. 8774 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Support Services Contract By and Between the City of Vernon and Hewlett-Packard Company Request to renew the existing Maintenance Agreement with VisionAir for the period July 16, 2005, through July 15, 2006, for the Fire Department at an approximate amount of $8,313.72. Request to lease a City -owned two -bedroom house located at 4328 Furlong Place to Larry Gonzales, Jr. Continued Review of proposed 2005-2006 Budget. Page 4 of 11 Regular City Council Meeting Agenda June 15, 2005 Personnel Committee A. Merit Step Increase Requesting the grant of a merit step increase for the below listed employee(s) • Eric Anderson, to Utilityman III, Step 3 • Cindy Calzada, to Secretary, Step 6 • Pin Chan, to Engineering Associate, Step 1 • Armando Hinojos, to Systems Coordinator I, Step 4 • Marisela Martinez, to Account Clerk, Step 5 • Hilda Montoya, to Payroll Clerk, Step 6 • Teresa Nelson, Dispatcher, Step 3 • Silas Williams, Utilityman II, Step 3 • Robert Zepeda, Utilityman IV, Step 5 B. Hire Ratification of the hiring of the below listed person(s) • Cindy Gaytan, Account Clerk, Step 10 C. Reimbursement Requesting authority to reimburse on an individual basis the below listed employee(s) for the satisfactory completion of qualified courses • Juan Arellano, Community Services & Water Department • Daniel Calleros, Police Department • Steven Hartsfield, Community Services & Water Department • Renan Castro, Community Services & Water Department • Alejandro Nevarez, Light & Power Department D. Employment Agreement Ratification of the execution of a thirty-six (36) month employment agreement with the below listed police officer(s) • Jeremy_Cross E. Reclassification Requesting Employment Reclassification of the below listed employees • Battalion Chief Mark Whitworth, to Acting Fire Chief, Step 3 • Fire Captain David Lazar, to Acting Battalion Chief, Step 3 • Engineer Todd Painton, to Acting Fire Captain, Step 3 • Firefighter Troy Durbin, to Acting Engineer, Step 4 Page 5 of 11 Regular City Council Meeting Agenda June 15, 2005 It was moved by McCormick, seconded by Ybarra, that the matters listed on the Consent Calendar be approved. Motion carried. Councilman Gonzales abstained from voting on this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2005, was presented, advising that in accordance with Ordinance No. 1076, Special Parcel Tax, it is necessary to take action prior to the beginning of the new fiscal year to approve a list of properties subject to the tax. Submitted herewith is a revised property list for fiscal year 2005-2006. It is hereby recommended that the tax rate to be imposed on the parcels, per the attached list, pursuant to Ordinance No. 1076 remain the same. It was moved by Gonzales, seconded by Davis, that the communication presented by the City Administrator/City Clerk, dated June 9, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8766 - A Resolution of the City Council of the City of Vernon Determining the Tax on all Parcels Subject to the Special Parcel Tax Imposed by Ordinance No. 1076 for Fiscal Year 2005-2006, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8766 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2005, was presented, advising that at this time it is necessary to modify the Agreement for Professional Consulting Services with John Kruissink, for the preparation of the book entitled The History of Vernon, approved by Resolution No. 8531 on September 1, 2004, to extend the Agreement for an additional year, September 1, 2005 through August 31, 2006. All other terms and conditions of the Agreement will remain the same. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. One to said agreement be approved and executed. It was moved by Davis, seconded by Gonzales, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 9, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8767 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for Professional Consulting Services By and Between the City of Vernon and John Kruissink, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8767 be approved and adopted. Motion carried. Page 6 of 11 Regular City Council Meeting Agenda June 15, 2005 The City Clerk advised that Resolution No. 8768 should be removed from today's agenda. RESOLUTION NO. 8768 - A Resolution of the City Council of the City of Vernon Authorizing the City's Participation in the Appeal of Decisions Made by the Superior Court in Action Known as the "In Re Los Angeles County Municipal Storm Water Permit Litigation" and Authorizing the City to do all Actions Deemed Necessary or Advisable Concerning the Appeal. It was moved by Davis, seconded by McCormick, that Resolution No. 8768 be removed from today's agenda and no further action be taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2005, was presented, advising that in accordance with Government Code Section 65400(b) and California Public Resources Code Section 21081.6, the Director of Community Services & Water is submitting herewith the 2004-2005 Annual Report on the status of the Vernon General Plan. This has been reviewed by the City Attorney and it is hereby recommended that said report be approved and a resolution adopted approving the same. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 9, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8769 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Annual Report on the General Plan for Fiscal Year 2004-2005, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8769 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2005, was presented, advising that the California Department of Conservation has announced that pursuant to Section 14581(a)(4)(A) of the California Beverage Container Recycling Litter Reduction Act, the City of Vernon is eligible for $5,000.00 in grant funds for fiscal year 2005-2006. Staff will utilize grant funds to develop and distribute public information items to promote recycling. The Health Department is also requesting to continue with KJ Services for the Beverage Container Program and will utilize grant funds to obtain said services. This has been reviewed by the City Attorney and it is hereby recommended that the grant fund application be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 9, 2005, be received and filed and his recommendation approved. Motion carried. Page 7 of 11 Regular City Council Meeting Agenda June 15, 2005 RESOLUTION NO. 8770 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Grant Application Under the California Beverage Container Recycling and Litter Reduction Act to the Department of Conservation's Division of Recycling, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8770 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2005, was presented, advising that the term of Library Trustees Hilario Gonzales and William Davis expires on June 30, 2005, and it is hereby recommended that they be reappointed to a new three-year term commencing July 1, 2005. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 9, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8771 - A Resolution of the City Council of the City of Vernon Reappointing Hilario Gonzales and William J. Davis to Serve as Trustees on the Board of Library Trustees, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8771 be approved and adopted. Motion carried. The City Clerk advised that Resolution No. 8772 be removed from the agenda. RESOLUTION NO. 8772 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken Regarding the Renewal of Commercial Insurance Policies (Property and Excess Liability) Through Arthur J. Gallagher & Co. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8772 be removed from the agenda and no further be taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated June 9, 2005, was presented, advising that On December 15, 2004, through Resolution No. 8625, this legislative body approved, in form, an Equipment Purchase and Construction Agreement with New Age Fuel, Inc. Before an actual Agreement was signed by the City, various issues arose regarding the design, acquisition, construction and costs associated with the proposed biomass processing project that have caused it to be considered an unviable proposition at this time. This has been reviewed by the City Attorney and it is hereby recommended that Resolution No. 8625 be rescinded. Page 8 of 11 Regular City Council Meeting Agenda June 15, 2005 It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated June 9, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8773 - A Resolution of the City Council of the City of Vernon Rescinding Resolution No. 8625 Regarding an Agreement with New Age Fuel, Inc. in Connection with the City's Public Benefit Program, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8773 be approved and adopted. Motion carried. RESOLUTION NO. 8775 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Fourteenth 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. 8775 be approved and adopted. Motion carried. Warrant Register No. 1166 covering claims and demands presented during the period of May 26 through June 8, 2005, drawn on Bank of America totaling $1,003,119.63, which includes Demand Nos. 306365 through 306570 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period June 2005), was read by title. 306423 306424 306425 306426 306427 306428 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1166 be approved and payment authorized for claims and demands totaling $1,003,119.63. Motion carried. Light & Power of the City of Vernon Warrant Register No. 131 covering claims and demands presented during the period of May 26 through June 8, 2005, drawn on Bank of America totaling $2,002,799.35, which includes Demand Nos. 501609 through 501665 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period June 2005), was read by title. 501622 501623 501624 501625 501626 501627 501628 501629 501630 501631 501632 It was moved by McCormick, seconded by Gonzales, that the Light & Power Warrant Register No 131 be approved and payment authorized for claims and demands totaling $2,002,799.35. 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. Page 9 of 11 Regular City Council Meeting Agenda June 15, 2005 Payroll Warrant Register No. 588 covering claims and demands presented during the period of April 17 through May 14, 2005, drawn on Bank of America totaling $2,224,219.13, which includes Demand Nos. 8793 through 8807 (inclusive), with no voids. (Accounting period May 2005), was read by title. It was moved by Ybarra, seconded by Gonzales, that Payroll Register No. 588 be approved and the payment for claims and demands totaling $2,224,219.13, be ratified. Motion carried. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of May 26 through June 8, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $1,379,931.23, which includes Requisition Nos. 143 through 158 (inclusive). It was moved by Davis, seconded by McCormick, that the requisitions from the 2004 Series C Construction Fund and the payment of claims and demands totaling $1,379,931.23 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 May 26 through June 8, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $1,149,016.92, which includes Requisition Nos. CE130 through CE136 (inclusive) . It was moved by Gonzales, seconded by Ybarra, that the requisitions from the Light & Power Custody Escrow Account No. 800452 and the payment of the claims and demands totaling $1,149,016.92 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 5:30 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, City Attorney, members of the City Attorney's Office, and outside Counsel of the City. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 5:35 p.m. Motion carried. It was reported out that the City Council had a conference in closed session with staff pursuant to Government Code Section 54957 regarding employee discipline/dismissal/release and that direction was given to staff on this matter. Page 10 of 11 Regular City Council Meeting Agenda June 15, 2005 It was reported out that the City Council had a conference in closed session with legal counsel regarding anticipated litigation pursuant to Subsection (a) of Government Code Section 54956.9 and that authority was granted to the City Attorney to deny on behalf of the City of Vernon the claim submitted by Melissa's World Variety Produce. There being no further business to come before the City Council at this time, it was moved by Gonzales, seconded by McCormick, that the meeting be adjourned to June 29, 2005, at 5:00 p.m., the time being 5:43 p.m. Motion carried. Bruce V. Maikenhorst �-rty �l-erk Acting City Clerk 'teonis C. Malb,4rg Dr Page 11 of 11 ORDER OF ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING I HEREBY CERTIFY THAT THE REGULAR CITY COUNCIL MEETING HELD JUNE 15, 2005, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED TO JUNE 29, 2005, AT 5:00 P.M. Bruce V. Malkenhorst City Clerk By: Manuela Giron Deputy City Clerk AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON I, Manuela Giron, Deputy City Clerk of the City of Vernon do hereby certify that I did, on the 16th day of June 2005, post: The above Order of Adjournment for the Regular City Council Meeting held June 15, 2005. Said Order was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: L/l61/� 1,2 Manuela Giron Deputy City Clerk