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20060301 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 1, 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, Davis, McCormick MEMBERS ABSENT: The meeting was called to order by Mayor Malburg. The Deputy City Clerk advised that a request to add a resolution to commend Mr. Mendoza for his many years of service was brought to the Acting City Clerk's attention after the agenda was posted and asked that a vote be taken to add Resolution No. 8982 to tonight's agenda. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8982 be added to tonight's agenda. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held February 15, 2006, be approved and adopted. Motion carried. The Deputy City Clerk announced that now was the time to present the Service Pins. The Mayor presented a Service Pin to Leonard Grossberg, Senior Environmental Specialist, and extended congratulations on behalf of the City Council for his 15 years of service with the City. Police Officer Celestino Chavez was unable to attend the meeting to receive his 5-Year Service Pin. The pin was submitted to the Chief of Police. Resolution No. 8982 - A Resolution of the City Council of the City of Vernon Commending Mario J. Mendoza for His Many Years of Service to the City of Vernon, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8982 be approved and adopted. Motion carried. The Mayor presented Resolution No. 8982 to Mario J. Mendoza and extended congratulations on behalf of the City Council. Fire Department Activity Report for the period February 15th through February 28th, 2006, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period February 15th through February 28th, 2006, be approved. Motion carried. Regular City Council Meeting Minutes March 1, 2006 Police Department Activity Log for the period February 15th through February 28th, 2006, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period February 15th through February 28th, 2006, be approved. Motion carried. The Deputy 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 Council at this time. Mr. Ronald Garcia, representing Southern California Edison, introduced himself and provided an update on the recent energy increase, the conservation program offered to low-income customers, and the upcoming retrofit of Edison's entire infrastructure. The Mayor asked if there was anyone else in the audience who wished to address the Council at this time. Mr. Steve Freed, President of the Vernon Property Owners Association, introduced himself and thanked the entire City Council on behalf of the Vernon Property Owners Association on the outcome of the 2009 Zoning requirements. The Mayor asked if there was anyone else in the audience who wished to address the Council at this time. There was no one else wishing to address the Council at this time. ORDINANCE NO. 1114 - An Ordinance of the City Council of the City of Vernon Placing a Moratorium on the Establishment and/or Construction of Any Office Use Over 10,000 Square Feet, or Any Retail Use, Commercial Use, or Residential Use in the M-Zone and M-2 Zone and the Establishment and/or Construction of Any Office Use Over 10,000 Square Feet or Any Residential Use in the C-M Zone, Declaring the Urgency Thereof and a Basis for Said Ordinance to Take Effect Immediately, Terminating the Moratorium Imposed by Ordinance No. 1110 and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first and final reading. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1114 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None The Deputy City Clerk announced that now was the time to open the public hearing regarding Tentative Parcel Map No. 063140 for the City to subdivide 10.3 acres located at 4900 Bandini Boulevard. Page 2 of 7 Regular City Council Meeting Minutes March 1, 2006 It was moved by Ybarra, seconded by Davis, to open the public hearing regarding Tentative Parcel Map No. 063140 for the City to subdivide 10.3 acres located at 4900 Bandini Boulevard, the time being 5:14 p.m. Motion carried. The Deputy Director of Community Services & Water, Sherwood Natsuhara, addressed the City Council and provided them with a summary of this matter. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one wishing to address the City Council on this matter. It was moved by Gonzales, seconded by Davis, to close the public hearing regarding Tentative Parcel Map No. 063140 for the City to subdivide 10.3 acres located at 4900 Bandini Boulevard, the time being 5:17 p.m. Motion carried. Request that the City Council make the following determinations respecting Tentative Parcel Map No. 063140, was presented. 1. The project is consistent with the General Plan as adopted by the City. 2. The project is categorically exempt from CEQA under Section 15315 of the CEQA Guidelines (division of industrial property into four or fewer parcels). 3. A portion of "old" Atlantic Boulevard be vacated and included in the parcel. The vacation to be completed by City Council approval of the final parcel map. It was moved by Gonzales, seconded by Ybarra, that the City Council determine that the project is consistent with the General Plan as adopted by the City. Motion carried. It was moved by McCormick, seconded by Davis, that the City Council determine that the project is categorically exempt from CEQA under Section 15315 of the CEQA Guidelines (division of industrial property into four or fewer parcels). Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council determine that a portion of "old" Atlantic Boulevard be vacated and included in the parcel (the vacation to be completed by City Council approval of the final parcel map). Motion carried. Request to approve Tentative Parcel Map No. 063140 with the following condition, was presented. 1. Easements be established for the existing gas, water, and power lines. It was moved by Davis, seconded by Ybarra, that Tentative Parcel Map No. 063140 be approved with the aforementioned condition. Motion carried. Page 3 of 7 Regular City Council Meeting Minutes March 1, 2006 The Consent Calendar was presented. Consent Calendar Finance Department 1. Requesting authority for personnel to attend the following: • "Dynamic Public Speaking Seminar • "The Basics of HR Law 2006 Workshop" Fire Department 2. Requesting authority for personnel to attend the following: • "Swift Water Rescue Advanced Class" Health Department 3. Requesting authority for personnel to attend the following: • "Crisis & Risk Communication Workshop" Light & Power Department 4. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of February 9 through February 22, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $250,920.40, which includes Requisition Nos. 346 through 348 (inclusive). 5. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of February 9 through February 22, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $135,109.18, which includes Requisition Nos. CE226 through CE228 (inclusive). Police Department 6. Requesting authority for personnel to attend the following: • "Tactical Response Expo" Treasurer's Department 7. Warrant Register No. 1185 covering claims and demands presented during the period of February 9 through February 22, 2006, drawn on Bank of America totaling $7,167,217.63, which includes Demand Nos. 309944 through 310156 (inclusive), excluding Void Demand Nos. as listed below (Accounting period March 2006): 309956, 309989 through 309994, 310007 Page 4 of 7 Regular City Council Meeting Minutes March 1, 2006 Finance Committee 8. Ratification of the execution of the following Work Authorizations to the contract with Galliera Inc., dba Trico Construction ("Trico"): PM-25-05-22-MGS (REV.) in the amount of $57,128.74, utilizing PSC Industrial Outsourcing, Inc. as the subcontractor PM-70-06-MGS in the amount of $92,103.00, utilizing Mike Prlich & Sons, Inc. as the subcontractor PM-71-06 in the amount of $19,739.50, utilizing Dennis D. Rock Construction as the subcontractor PM-72-06 in the amount of $32,560.00, utilizing Mercury Fence Company, Inc. as the subcontractor 9. Request to issue a purchase order to Ametek Power Instruments c/o Jensen Instruments in the approximate amount of $26,053.61 for the purchase of four starter kits to be used by the Petrelli Line Crew. 10. Request for authorization for the Police Department to submit an appropriation funds request to Congresswoman Roybal- Allard for CATlab's Project 54. Personnel Committee 11. Request to grant Scott Rigg, Water Operations Supervisor, Step 3, a merit step increase to Water Operations Supervisor, Step 2, effective March 5, 2006 (Last increase February 20, 2005). 12. Request to grant Anthony Hinojos, Utilityman III, Step 4, a merit step increase to Utilityman III, Step 3, effective March 5, 2006 (Last increase October 17, 2004). End of Consent Calendar It was moved by Gonzales, seconded by McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried. Mayor Malburg abstained from voting on and disqualified himself from this matter. Request that City Council make a determination on the scheduling of a hearing for an appeal filed February 19, 2006, was presented. It was moved by Ybarra, seconded by Gonzales, that the Chief Deputy City Attorney, Willard Yamaguchi, be appointed Hearing Examiner and be authorized to schedule a hearing for the appeals dated February 19th and 25th, 2006, regarding the 2721 E. 46th Street property. RESOLUTION NO. 8977 - 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 Thomason Mechanical Corporation for Operational and Mechanical Technical Support Services for Light and Power Department, was read by title. Page 5 of 7 Regular City Council Meeting Minutes March 1, 2006 It was moved by Ybarra, seconded by Davis, that Resolution No. 8977 be approved and adopted. Motion carried. RESOLUTION NO. 8978 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Services Agreement By and Between the City of Vernon and Versatile Information Products, Inc. for Digital Voice Recorders for Police Department, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8978 be approved and adopted. Motion carried. RESOLUTION NO. 8979 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Filing of All Necessary and Appropriate Applications for the Vernon Power Plant and for the Payment of Filing Fees not to Exceed $400,000, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 8979 be approved and adopted. Motion carried. RESOLUTION NO. 8980 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Representation and Waiver of Conflict Letter By and Between the City of Vernon and Loeb & Loeb, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8980 be approved and adopted. Motion carried. RESOLUTION NO. 8981 - A Resolution of the City Council of the City of Vernon Authorizing the Acting City Clerk to Make Necessary Purchases on Behalf of the City of Vernon in Connection with Expenditures for Light & Power, Including Gas and Wholesale Electric Purchases, was read by title. It was moved by Ybarra, seconded Gonzales, that Resolution No. 8981 be approved and adopted. Motion carried. Light & Power of the City of Vernon Warrant Register No. 150 covering claims and demands presented during the period of February 9 through February 22, 2006, drawn on Bank of America totaling $2,764,755.67, which includes Demand Nos. 502501 through 502570 (inclusive), excluding Void Demand Nos. as listed below (Accounting period March 2006), was presented. 502519 through 502524 It was moved by Gonzales, seconded by Ybarra, that the Light & Power of the City of Vernon Warrant Register No. 150 be approved and payment authorized for claims and demands totaling $2,764,755.67. Motion carried. Mayor Malburg and Councilman Davis abstained from voting and disqualified themselves because it is reasonably foreseeable that their decisions may have a material financial effect on their sources of income. The Deputy City Clerk 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 5:35 p.m. Motion carried. Page 6 of 7 Regular City Council Meeting Minutes March 1, 2006 Everyone was excluded from closed session with the exception of the Acting Fire Chief, the Systems Manager, the Acting City Clerk, members of the City Attorney's Office, and outside Legal Counsel. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by Davis, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 6:35 p.m. Motion carried. It was reported out that the City Council had a conference with legal counsel in closed session regarding Employee Discipline/Dismissal/Release matters pursuant to Government Code Section 54957, and that direction was given to the Acting City Clerk on said matters. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 6:35 p.m. Motion carried. ATTEST: 1alkenhorst, Jr. ty Clerk eonis C. MalbVrg �— Mayor Page 7 of 7