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20050803 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 3, 2005, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro-Tem Ybarra. The City Attorney advised that Resolution No. 8826, which requires immediate action, was brought to his attention after the agenda was posted and asked for the City Council's vote to find that this matter be added to tonight's agenda. Ayes: Ybarra, Gonzales, Davis, McCormick Noes: None Absent: Malburg Abstained: None It was moved by Gonzales, seconded by Davis, that Resolution No. 8826 be added to the agenda. The City Attorney also advised that the Public Hearing to consider the self -certification of the 2004-2005 Local Implementation Report as outlined in the Congestion Management Program (CMP) should be removed from tonight's agenda. The City Attorney further advised the City Council that the Minutes of the City Council Meeting held July 20, 2005, being submitted for approval tonight, have been corrected to reflect the corrected Light & Power of the City of Vernon Warrant Register Nos. 134 and 135, not 133 and 134, respectively. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Regular City Council Meeting held July 20, 2005, be approved and adopted as corrected. Motion carried. The City Attorney announced that now was the time to present the Service Pins. The Mayor Pro-Tem presented a service pin to the following employee and extended congratulations on behalf of the entire City Council: Ali Nourmohamadian (Nour) Fiber Optics/Gas Systems Mgr.15 Years The following employees were unable to attend the meeting and their service pins were accepted by the respective department head. Wenceslao "Pepe" Reynoso Plan Checker 20 Years Jose Pereyra Systems Coordinator II 15 Years Brandon Gray Detective 10 Years Regular City Council Meeting Minutes August 3, 2005 The City Attorney announced that now was the time to present the Police Department's Merit Bar Awards. The Chief of Police individually introduced the Merit Bar Award recipients, Barry Miller, Eugene Cerda, Brian Gapick, and summarized the events that lead to their recognition. Risk Management Report for the month of June 2005, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of June 2005 be received and filed. Motion carried. Police Department Activity Log for the period July 16th through 31st, 2005, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period July 16th through 31st, 2005, be received and filed. Motion carried. Fire Department Activity Report for the period July 16th through 31St, 2005, was presented. It was moved by Gonzales, seconded by McCormick, that the Fire Department Activity Report for the period July 16th through 31st, 2005, be received and filed. Motion carried. The City Attorney 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 Pro-Tem 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 Attorney announced that now was the time to open the public hearing to consider a Conditional Use Permit application from Southland Box Company to operate an accessory warehouse at 4201 Fruitland Avenue. It was moved by Gonzales, seconded by McCormick, to open the public hearing to consider a Conditional Use Permit application from Southland Box Company to operate an accessory warehouse at 4201 Fruitland Avenue, the time being 5:10 p.m. Motion carried. Deputy Director of Community Services & Water Sherwood Natsuhara addressed the City Council and summarized the conditions necessary on this matter and recommended that the Conditional Use Permit application be approved. Page 2 of 9 Regular City Council Meeting Minutes August 3, 2005 Submitted herewith are the following supporting documents: 1. Staff Report, dated July 26, 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 Mayor Pro-Tem asked if there were any further questions on this matter. Architect Paul Hendrickson, representing Southland Box Company introduced himself, addressed the City Council, and clarified for the Council the company's longevity in the City and addressed the proposed intent of the company of said request. Councilman Davis addressed a concern with the distance between the driveway and the railroad tracks. Mr. Hendrickson clarified Councilman Davis' concern for the City Council. The Mayor Pro-Tem asked if there were any questions on this matter. There were no further questions at this time. It was moved by McCormick, seconded by Gonzales, to close the public hearing to consider a Conditional Use Permit application from Southland Box Company to operate an accessory warehouse at 4201 Fruitland Avenue, the time being 5:20 p.m. Motion carried. RESOLUTION NO. 8815 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Southland Box Company for the Operation of an Accessory Warehouse at 4201 Fruitland Avenue, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 8815 be approved and adopted. Motion carried. The City Attorney advised that the following public hearing and pertaining resolution should be removed from the agenda. Public Hearing - to consider self -certification of the 2004-2005 Local Implementation Report as required by the MTA and outlined in the CMP Land Use Analysis Program for the City of Vernon Submitted herewith are the following supporting documents: 1. Staff Report, dated July 26, 2005 2. 2004-2005 Local Implementation Report 3. Notice of Public Hearing, Affidavit of Posting and Declaration of Publication Page 3 of 9 Regular City Council Meeting Minutes August 3, 2005 RESOLUTION NO. 8816 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in Accordance with California Government Code Section 65089 It was moved by McCormick, seconded by Gonzales, that the public hearing to consider the self -certification of the 2004-2005 Local Implementation Report as required by the MTA and outlined in the CMP Land Use Analysis Program for the City of Vernon and Resolution No. 8816 be removed from the agenda and no action be taken at this time. Motion carried. The Consent Calendar was presented. City Administration Ratification for attendance of the following: • "SkillPath Professional Skill Training" Requesting authority for City Officials to attend the following: • "National League of Cities - 82nd Annual Conference" Requesting authority for personnel to attend the following: • "Public Records and Open Meeting Seminar" Purchasing/Customer Service Requesting authority for personnel to attend the following: • "Basics of HR Law" Police Department Requesting authority for personnel to attend the following: • "California Tactical Officers Conference and SWAT Commanders Meeting" Finance Committee — July 26, 2005 Ratification of the execution of a Lease Agreement with Petrelli Electric for the occupancy of a city -owned property located at 3357 Fruitland Avenue. Ratification of the execution of a Lease Agreement with J.D. Hicks and Associates for the occupancy of a city -owned property located at 3390 E. 50th Street. Ratification of the execution of a Lease Agreement with John L. Malburg for the occupancy of a city -owned property located at 3384 E. 50 Street. Request to approve and execute Work Authorization No. PM16-05- 021-MGS to the Agreement with Galliera Inc., dba Trico Construction (Trico) in the amount of $51,284.20, utilizing Rhino Construction as the subcontractor. Page 4 of 9 Regular City Council Meeting Minutes August 3, 2005 Request to approve and execute Work Authorization No. PM26-05- 023-LP to the Galliera Inc., dba Trico Construction (Trico) in the amount of $18,609.00, utilizing Contra Costa Electric as the subcontractor. Request to approve and execute Work Authorization No. PM29-05- 026-MGS to the Agreement with Galliera Inc., dba Trico Construction (Trico) in the amount of $27,500.00, utilizing Sulzer Pumps as the subcontractor. Request to approve and execute Work Authorization No. PM30-05- 027-MGS to the Agreement with Galliera Inc., dba Trico Construction (Trico) in the amount of $11,044.00, utilizing Forney as the subcontractor. Request to approve and execute Work Authorization No. PM31-05- 028-MGS to the Agreement with Galliera Inc., dba Trico Construction (Trico) in the amount of $10,670.00, utilizing GE Energy as the subcontractor. Request to approve and execute Change Order No. One to the contract with General Pump Company in the amount of $4,500.00 for well and booster motors efficiency testing. Request for approval to issue Request for Qualifications for ire per€erree—ef—an A13Tn survey and e7n environmental site assessment services. RESOLUTION NO. 8817 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Wholesale Master Service Agreement and Service Order Form By and Between the City of Vernon and Wi1Tel Communications, LLC for Fiber Optic Internet Access RESOLUTION NO. 8818 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Dedicated Internet Access Service Agreement, Bandwidth.com Internet Access Service Level Agreement and Internet Services Order Form By and Between the City of Vernon and Bandwidth.com, Inc., Powered by QWEST, for Fiber Optic Internet Access RESOLUTION NO. 8820 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and CH2MHILL for the Vernon Power Plant Project Personnel Committee Request to grant Michael Alway, Sergeant, Step 2, a merit step increase to Sergeant, Step 1, with a new monthly base salary of $6,491.00, effective August 24, 2005. Request to grant Kristen Enomoto, Senior Administrative Assistant, Step 6, a merit step increase to Senior Administrative Assistant, Step 5, with a new monthly base salary of $3,749.00, effective August 21, 2005. Request to grant Carol Childers, Computer Aided Drafting Technician, Step 2, a merit step increase to Computer Aided Drafting Technician, Step 1, with a new monthly base salary of $4,902.00, effective August 7, 2005. Page 5 of 9 Regular City Council Meeting Minutes August 3, 2005 Request to grant Wenceslao "Pepe" Reynoso, Plan Checker, Step 2, a merit step increase to Plan Checker, Step 1, with a new monthly base salary of $7,545.00, effective August 7, 2005. Request to grant Holly Webb, Engineering Assistant, Step 5, a merit step increase to Engineering Assistant, Step 4, with a new monthly base salary of $4,902.00, effective August 7, 2005. Request to grant Wilfredo Lopez, Utilityman III, Step 4, a merit step increase to Utilityman III, Step 3, with a new monthly base salary of $3,370.00, effective August 7, 2005. Request to reimburse Police Officer Oscar Zozaya $176.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at Rio Hondo College related to his position with the City. Request to reimburse Fire Captain Jed Hulsey $680.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Semester at California State University, Long Beach, related to his position with the City. Request to reimburse Fire Engineer Todd Schoenig $660.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Quarter at California State University, Long Beach, related to his position with the City. Request to reimburse Detective Brandon Gray $1,032.00 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Spring 2005 Quarter at California State University, Los Angeles, related to his position with the City. End of Consent Calendar It was moved by Gonzales, seconded by Davis, that the matters on the Consent Calendar, as recommended, be approved. Motion carried. RESOLUTION NO. 8819 - A Resolution of the City Council of the City of Vernon Approving the Establishment of a Business Charge Card Account with Bank of America N.A. (USA) and Authorizing the Acting City Treasurer to take all Actions Deemed Necessary or Advisable to Establish Said Account, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 8819 be approved and adopted. Motion carried. RESOLUTION NO. 8821 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8779, Which Approved a Budget for the Fiscal Year 2005-2006, to Reflect Changes, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 8821 be approved and adopted. Motion carried. Page 6 of 9 Regular City Council Meeting Minutes August 3, 2005 RESOLUTION NO. 8822 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8473, as Reaffirmed and Amended by Resolution No. 8780, By Amending Pages 4-7, 15 and 17 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 McCormick, seconded by Gonzales, that Resolution No. 8822 be approved and adopted. Motion carried. RESOLUTION NO. 8823 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended General Counsel Agreement By and Between the City of Vernon and Karns & Karabian, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 8823 be approved and adopted. Motion carried. RESOLUTION NO. 8824 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Commonwealth Associates, Inc. for the Vernon Power Plant Project, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8824 be approved and adopted. Motion carried. RESOLUTION NO. 8825 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 7682 Which Set the Time and Place for Regular Meetings of Certain Committees and Commissions of the City of Vernon and Repealing All Resolutions in Conflict Therewith, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 8825 be approved and adopted. Motion carried. RESOLUTION NO. 8826 - A Resolution of the City Council of the City of Vernon Providing for the Recognition of Certain Signatures and Facsimile Signatures on Warrants Issued by the City of Vernon to Withdraw Funds Deposited by the City of Vernon in any Bank Account, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 8826 be approved and adopted. Motion carried. Warrant Register No. 1171 covering claims and demands presented during the period of July 14 through July 27, 2005, drawn on Bank of America totaling $1,634,415.69, which includes Demand Nos. 307036 through 307376 (inclusive), excluding Void Demand Nos. as listed below. (Accounting period August 2005): 307046 through 307206 It was moved by Davis, seconded by McCormick, that the Warrant Register No. 1171 be approved and payment authorized for claims and demands totaling $1,634,415.69. Motion carried. Page 7 of 9 Regular City Council Meeting Minutes August 3, 2005 Light & Power of the City of Vernon Warrant Register No. 136 covering claims and demands presented during the period of July 14 through July 27, 2005, drawn on Bank of America totaling $6,939,593.28, which includes Demand Nos. 501784 through 501825 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period August 2005): 501793 through 501798 It was moved by Gonzales, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 136 be approved and payment authorized for claims and demands totaling $6,939,593.28. Motion carried. Councilman Davis abstained and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of July 14 through July 27, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $762,874.64, which includes Requisition Nos. 191 through 207 (inclusive). It was moved by McCormick, seconded by Davis, that the issuance of Requisitions from the Series C Construction Fund and the payment of claims and demands totaling $762,874.64 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 July 14 through July 27, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $28,577.50, which includes Requisition Nos. CE150 through CE150 (inclusive) . It was moved by Davis, seconded by Gonzales, that the issuance of the Requisitions from the Light & Power Custody Escrow Account No. 800452 and the payment of claims and demands totaling $28,577.50 be ratified. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session, the time being 5:37 p.m. Motion carried. All persons were excluded from closed session with the exception of the Acting City Clerk, City Attorney, members of the City Attorney's Office, and outside Legal Counsel of the City. The Mayor Pro-Tem ordered all communications to and from closed session deemed privileged and confidential. It was moved by McCormick, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 5:40 p.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding employee performance evaluation pursuant to Government Code Section 54957 and that no action was taken at this time on said matter. Page 8 of 9 Regular City Council Meeting Minutes August 3, 2005 It was reported out that the City Council had a conference in closed session with Legal Counsel regarding existing litigation case no. LASC No. BS 095763 pursuant to subdivision (a) of Government Code Section 54956.9 and that no action was taken at this time on said matter. It was reported out that the City Council had a conference in closed session with Legal Counsel on three potential cases of significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 and that authority was granted to the City Attorney to accept the settlement on the claim submitted by Mr. Navarro and that no action was taken on the remaining two cases. There being no further business to come before the City Council, it was moved by McCormick, seconded by Gonzales, that the City Council Meeting be adjourned, the time being 5:41 p.m. Motion carried. ATTEST: L�)�cV. Malkenhorst, r. g City Clerk Thomas A. Ybarr Mayor Pro-Tem Page 9 of 9