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20060215 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 15, 2006, 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, McCormick MEMBERS ABSENT: Davis The meeting was called to order by Mayor Malburg. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held February 1, 2006, be approved and adopted as submitted. Motion carried. The Mayor presented Perfect Attendance Awards for the month of January to the following employees who were in attendance: NAME JOB TITLE D.O.H. YEARS Sherwood Natsuhara Deputy Dir. of Comm. Services 01/14/02 4 Stella Pasillas Administrative Assistant 06/30/81 10 Jed Hulsey Fire Captain 01/05/87 13 Christian Moscoso Police Officer 09/22/87 13 Daniel Calleros Lieutenant 04/04/88 14 Anthony Serrano Customer Service Rep. 01/21/91 15 Felix Saldana Utilityman II 09/28/86 18 The below listed employees were unable to attend the meeting and their awards will be forwarded to them. NAME JOB TITLE D.O.H. YEARS Jesse Palomarez Field Crew 01/02/02 4 Norma Rodriguez Dispatcher 01/14/02 4 Marisol Trujillo Administrative Assistant 12/05/99 5 Efrain Sandoval Resource Scheduler 01/15/01 5 Belinda Mejia Dispatcher 01/03/00 6 Bryan Dome Fire Engineer 01/12/98 8 Greg Galvan Fire Engineer 01/12/98 8 William Foltz Fire Engineer 09/18/89 9 David Kimes Battalion Chief 01/05/87 10 Bradley Miller Fire Engineer 08/17/87 10 Jerry R. Chavez Sergeant 01/10/94 12 Andrew Guth Battalion Chief 10/24/88 12 Mauro Trujillo Utilityman II 08/28/88 14 Anthony Zack Lieutenant 08/17/87 14 Francisco Tostado Fire Engineer 09/18/89 15 Silas Williams Utilityman II 01/02/90 16 Craig Peltier Firefighter 10/24/88 17 The Mayor called a short recess at 5:03 p.m. The City Council reconvened in regular session at 5:05 p.m., all members present before the recess again being present. The City Attorney announced that now was the time for the California Highway Patrol representative to present the Cargo Theft Interdiction Program ("CTIP") Award to the Vernon Police Department. Regular City Council Meeting Minutes February 15, 2006 Chief of Police Benudiz introduced California Highway Patrol ("CHP") Assistant Chief Ms. Ellen Conway. CHP Assistant Chief Conway addressed the City Council and summarized the events that led to the recognition of the City of Vernon Police Department for its involvement in the Cargo Theft Interdiction Program. CHP Assistant Chief Conway presented the award to Rex Hill, David Zapien, Tim Chavez, Mike Alway (not present), and Police Chief Benudiz, and commended them for their excellent work. Fire Department Activity Report for the period February 1st through February 14th, 2006, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period February 1st through February 14th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period February 1st through February 14th, 2006, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period February 1st through February 14th, 2006, be received and filed. Motion carried. Health Department Report for the month of January 2006, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of January 2006, be received and filed. Motion carried. Risk Management Report for the month of January 2006, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of January 2006, 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 asked if there was anyone in the audience who wished to address the City Council at this time. Ms. Virginia Johnson, a resident of the City of South Gate, introduced herself and expressed her point of view on the City of Vernon's recent media coverage. The Mayor asked if there was anyone else in the audience who wished to address the City Council at this time. There was no one else wishing to address the City Council at this time. Page 2 of 8 Regular City Council Meeting Minutes February 15, 2006 The City Attorney announced that now was the time to continue the Public Hearing to consider a conditional use permit application from Dynamic Builders to operate a commercial retail facility at 2529 Santa Fe Avenue. The Director of Community Services & Water addressed the City Council, summarized this matter, showed a slide presentation, advised that Conditions "s" and "u" of said conditional use permit had been amended, and read the two amended conditions in their entirety: S. A covenant shall be recorded with the Los Angeles County Recorders offices prior to construction advising all future property owners that all trucks entering the site are limited to a maximum of 40 feet in length, and any truck parking or unloading on the site is limited to a maximum of 25 feet in length, that any violation of this requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. U. The owner shall post a sign with a minimum 3" type adjacent to each driveway entrance that states, "Maximum Length of vehicles allowed in this site is 40 feet in length and maximum truck allowed to park and unload is 25 feet in length. Trucks shall only be allowed to park in designated truck loading stalls. All violations are subject to a fine not to exceed $500.00." The Director reiterated that the hours of operation will be 5:00 a.m. to 7:00 p.m. Monday through Saturday and recommended that the Conditional Use Permit be approved. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. Barry Segal, the architect representing Dynamic Builders, addressed the City Council and thanked them for their support in this matter. The Mayor asked if there was anyone else in the audience who wished to address the City Council on this matter. There was no one else wishing to address the City Council on this matter. It was moved by Gonzales, seconded by McCormick, to close the public hearing to consider a conditional use permit application from Dynamic Builders to operate a retail/commercial restaurant facility located at 2529 Santa Fe Avenue, the time being 5:24 p.m. Motion carried. RESOLUTION NO. 8946 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit for Dynamic Builders to Operate a Retail/Commercial Restaurant Facility Located at 2529 Santa Fe Avenue, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8946 be approved and adopted. Motion carried. Page 3 of 8 Regular City Council Meeting Minutes February 15, 2006 RESOLUTION NO. 8950 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a California Refund Claims Joint Defense Confidentiality Agreement Among Various Participants in FERC Docket Nos. E100- 95, et al., was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8950 be approved and adopted. Motion carried. The City Attorney advised that the following matter should be deferred to the next meeting. RESOLUTION NO. 8968 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electrical Service Agreement By and Between the City of Vernon and Matheson Tri-Gas, Inc. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8968 be deferred to the next meeting. Motion carried. The Consent Calendar was presented. Consent Calendar Community Services & Water Department 1. Requesting authority for personnel to attend the following: • "2006 California Environmental Quality Act Workshop" • "2006 Public Works Officers Institute and Mini Expo" • "Subdivision Map Act: An Introduction and 2006 Update Seminar" Fire Department 2. Requesting authority for personnel to attend the following: • "Firehouse World Exposition and Conference" Health Department 3. Requesting authority for personnel to attend the following: • "HACCP Manager Certification Training Course" • "Target Specialty Anaheim Seminar & Exhibit, Vector Control Continuing Education Credit Training" Light & Power Department 4. Ratification of the execution of the following Work Authorizations to the contract with Galliera Inc., dba Trico Construction (Trico): PM-0-05-000-MGS in the not to exceed amount of $50,000.00 per billing, utilizing various subcontractors PM-15A-05-11-MGS in the amount of $17,661.00, utilizing Rhino Construction Services as the subcontractor Page 4 of 8 Regular City Council Meeting Minutes February 15, 2006 PM-61-05-58-MGS in the amount of $5,000.00, utilizing Custom Power as the subcontractor PM-66-05-63-MGS in the not to exceed amount of $8,800.00, utilizing Flow Serve Technical Services Group as the subcontractor 5. Request to approve and execute Change Order No. One in the amount of $5,000.00 and Change Order No. Two in the amount of $19,200.00 to the contract with McHale & Associates for additional testing and reports. 6. Request to approve and execute Change Order No. Two to the contract with CH2MHill in an amount not to exceed $480,700.00. 7. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of January 26 through February 8, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $346,609.99, which includes Requisition Nos. 344 through 345 (inclusive). 8. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of January 26 through February 8, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $1,042,111.36, which includes Requisition Nos. CE217 through CE225 (inclusive). Police Department 9. Requesting authority for personnel to attend the following: • "Commercial Vehicle Enforcement Class" • "Basic Traffic Collision Investigation" Treasurer's Department 10. Warrant Register No. 1184 covering claims and demands presented during the period of January 26 through February 8, 2006, drawn on Bank of America totaling $783,746.59, which includes Demand Nos. 309767 through 309943 (inclusive), excluding Void Demand Nos. as listed below. (Accounting period February 2006): 309778, 309792, 309815, 309818, 309821 through 309823, 309828 through 309833 11. Payroll Warrant Register No. 596 covering claims and demands presented during the period of December 11, 2005 through January 7, 2006, drawn on Bank of America totaling $2,309,476.50, which includes Demand Nos. 8926 through 8943 (inclusive), with no voids. (Accounting period January 2006) Finance Committee 12. City of Vernon Report of Cash and Investments for Quarter Ended December 31, 2005. 13. Request that an "In -Lieu" tax payment for the 2005 calendar year be made to the General Fund from the Community Services & Water Department in the amount of $178,917.26. Page 5 of 8 Regular City Council Meeting Minutes February 15, 2006 14. Request that an "In -Lieu" tax payment for the 2005 calendar year be made to the General Fund from the Light & Power Department in the amount of $2,686,792.78. 15. Request to approve and execute Change Order No. Three to the contract with Commonwealth Associates, Inc. in the amount of $63,900.00. Personnel Committee 16. Request for George Ning to participate in the City's Tuition Reimbursement Program. 17. Request to grant Raquel Franco, Acting Payroll Clerk, Step 9, a merit step increase to Acting Payroll Clerk, Step 8, effective February 19, 2006 (Last increase July 5, 2005). 18. Request to reclassify Jeff Smith, Firefighter, Step 1, to Fire Engineer, Step 3, effective February 19, 2006. End of Consent Calendar It was moved by Gonzales, seconded McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried. RESOLUTION NO. 8964 - A Resolution of the City Council of the City of Vernon Appointing Representative to Represent the City of Vernon on the Board of Directors of the Southern California Public Power Authority, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8964 be approved and adopted. Motion carried. RESOLUTION NO. 8972 - A Resolution of the City Council of the City of Vernon Adopting the National Incident Management System as the City's Standard for Incident Management, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8972 be approved and adopted. Motion carried. RESOLUTION NO. 8973 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Business Associate Agreement By and Between the City of Vernon and Part D Advisors, Inc. Relating to Medicare Part D Implementation Services, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8973 be approved and adopted. Motion carried. The City Attorney advised that the following matter should be deferred to the next meeting. RESOLUTION NO. 8974 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Supplemental Margin Agreement By and Between the City of Vernon and Sempra Energy Trading Corp. Page 6 of 8 Regular City Council Meeting Minutes February 15, 2006 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8974 be deferred to the next meeting. Motion carried. Mayor Malburg abstained and disqualified himself from this matter. RESOLUTION NO. 8975 - A Resolution of the City Council of the City of Vernon Approving and Authorizing an Interest Rate Swap for the 2004 Series D Bonds from a Taxable Floating Rate to a Taxable Fixed Rate, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8975 be approved and adopted. Motion carried. RESOLUTION NO. 8976 - A Resolution of the City Council of the City of Vernon Authorizing the City Attorney to Refer Matters Concerning the City's Legal Representative(s) to the California State Bar and Authorizing the Retention of Appropriate Legal Counsel, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8976 be approved and adopted. Motion carried. Light & Power of the City of Vernon Warrant Register No. 149 covering claims and demands presented during the period of January 26 through February 8, 2006, drawn on Bank of America totaling $2,769,246.83, which includes Demand Nos. 502451 through 502500 (inclusive), excluding Void Demand Nos. as listed below (Accounting period February 2006), was presented. 502465 through 502471 It was moved by Ybarra, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 149 be approved and payment authorized for claims and demands totaling $2,769,246.83. Motion carried. Councilman Davis abstained and disqualified himself from this matter because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. The City Attorney announced that now was the time to go into closed session. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session, the time being 5:47 P.M. Motion carried. Everyone was excluded from closed session with the exception of the Acting City Clerk, the City Attorney, members of the City Attorney's Office, outside Legal Counsel, the Director of Light & Power, and the Systems Manager. The Mayor ordered all communications to and from closed session deemed privileged and confidential. The Director of Light & Power and the Systems Manager were excused from closed session at 5:50 p.m. It was moved by McCormick, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 6:15 p.m. Motion carried. Page 7 of 8 Regular City Council Meeting Minutes February 15, 2006 It was reported out that the City Council had a conference in closed session with regard to one Employee Performance Evaluation pursuant to Government Code Section 54957 and that direction was given to the Acting City Clerk on said matter. It was reported out that the City Council had a conference with legal counsel in closed session with regard to two cases of existing litigation pursuant to Government Code Section 54956.9, USBC No. 04-14948-EC/Adv. No. 05-02284-EC and HPSC No. 05C00501, and authority was granted to the City Attorney to settle the cases with Unical International, Inc. and Mercury Casualty Company. It was reported out that the City Council had a conference with legal counsel in closed session with regard to one item of anticipated litigation pursuant to subdivision (c) of Government Code Section 54956.9, Case No. S140645 - Gallo v. Workers' Compensation Appeals Board, and that direction was given to the City Attorney on this matter. There being no further business to come before the City Council at this time, it was moved by Ybarra, seconded by Gonzales, that the meeting be adjourned, the time being 6:15 p.m. Motion carried. ATTEST: Br ce V. Malkenhorst, Jr. Acti City Clerk �—eonis C. Mall urg Mayor Page 8 of 8