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20060322 Regular City Council Meeting - MinutesMINUTES OF THE RESCHEDULED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 22, 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. The City Attorney advised that a request to approve and authorize the execution of a Professional Services Agreement with R.W. Beck, Inc. for consulting services relating to the City's electric system 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. 8996 to tonight's agenda. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8996 be added to tonight's agenda. Motion carried. Ayes: Malburg, Ybarra, Gonzales, McCormick Noes: None Absent: Davis Abstained: None It was moved by McCormick, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held March 1, 2006, be approved and adopted as submitted. The City Attorney advised that the Perfect Attendance Award recipients for the month of February were unable to attend the meeting and their awards will be forwarded to them. NAME JOB TITLE D.O.H. YEARS Albert Oliva Utilityman 02/24/04 2 Stephen Agon Fire Captain 08/17/87 8 Douglas Barker Firefighter 11/02/92 8 Maria Gonzalez Records Clerk 02/23/98 8 Antonio Lopez Electronics Technician 02/17/98 8 John Doersam Firefighter 02/26/90 16 Fire Department Activity Report for the period March 1st through March 15th, 2006, was presented. It was moved by Gonzales, seconded by McCormick, that the Fire Department Activity Report for the period March 1st through March 15th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period March 1st through March 15th, 2006, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period March 1st through March 15th, 2006, be received and filed. Motion carried. Health Department Report for the month of February 2006, was presented. Rescheduled Regular City Council Meeting Minutes March 22, 2006 It was moved by Ybarra, seconded by McCormick, that the Health Department Report for the month of February 2006, be received and filed. Motion carried. Risk Management Report for the month of February 2006, was presented. It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of February 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. There was no one wishing to address the City Council at this time. The City Attorney advised that the following ordinance should be removed from the agenda. ORDINANCE NO. 1115 - An Ordinance of the City Council of the City of Vernon Amending Sections 25.104(c) and 25.105(d) of Article VI to Chapter 25 of the Code of the City of Vernon, California, 1959, Relating to Water Conservation Restrictions It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1115 be removed from the agenda and no action be taken at this time. Motion carried. ORDINANCE NO. 1116 - An Ordinance of the City Council of the City of Vernon Amending Ordinance No. 1114 Which Placed 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, 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 Gonzales, seconded by Ybarra, that Ordinance No. 1116 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, McCormick Noes: None Absent: Davis Abstained: None ORDINANCE NO. 1117 - An Ordinance of the City Council of the City of Vernon Repealing Ordinance No. 1113 which Established a Date for the Installation of Newly Elected Officers and Declaring that Said Ordinance Shall Take Effect Immediately, was read by title for a first and final reading. Page 2 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1117 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, McCormick Noes: None Absent: Davis Abstained: None The City Attorney announced that now was the time to open the public hearing to consider: (1) the City's intention to vacate a section of 50th Street from Seville Avenue to Soto Street; and (2) the adoption of a Negative Declaration determining that the proposed street vacation will not have a significant effect on the environment. It was moved by Gonzales, seconded by McCormick, to open the public hearing to consider: (1) the City's intention to vacate a section of 50th Street from Seville Avenue to Soto Street; and (2) the adoption of a Negative Declaration determining that the proposed street vacation will not have a significant effect on the environment, the time being 5:04 p.m. Motion carried. The Director of Community Services & Water 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 McCormick, seconded by Ybarra, to close the public hearing to consider: (1) the City's intention to vacate a section of 50th Street from Seville Avenue to Soto Street; and (2) the adoption of a Negative Declaration determining that the proposed street vacation will not have a significant effect on the environment, the time being 5:10 p.m. Motion carried. RESOLUTION NO. 8986 - A Resolution of the City Council of the City of Vernon Vacating a Portion of 50th Street Between Seville Avenue and Soto Street, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8986 be approved and adopted. Motion carried. The City Attorney announced that now was the time to open the public hearing to consider the issuance of industrial development revenue bonds in an amount not to exceed $9,000,000. It was moved by McCormick, seconded by Gonzales, to open the public hearing to consider the issuance of industrial development revenue bonds in an amount not to exceed $9,000,000, the time being 5:10 p.m. Motion carried. The City Attorney 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. Page 3 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 There was no one wishing to address the City Council on this matter. It was moved by McCormick, seconded by Ybarra, to close the public hearing to consider the issuance of industrial development revenue bonds in an amount not to exceed $9,000,000, the time being 5:13 p.m. Motion carried. RESOLUTION NO. 8988 - A Resolution of the City Council of the City of Vernon Approving the Issuance of Not to Exceed $9,000,000 Aggregate Principal Amount of Industrial Development Revenue Bonds by the California Statewide Communities Development Authority, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8988 be approved and adopted. Motion carried. The Consent Calendar was presented. Consent Calendar City Administration 1. Requesting authority for personnel to attend the following: • "FMLA/CFRA 2006 Seminar and Workshop" Health Department 2. Requesting authority for personnel to attend the following: • "Chemical Agents of Opportunity for Terrorism Course" Light & Power Department 3. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of February 23 through March 15, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $273,214.57, which includes Requisition Nos. 349 through 351 (inclusive). 4. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of February 23 through March 15, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $1,260,345.80, which includes Requisition Nos. CE229 through CE236 (inclusive). Police Department 5. Request to hire Janette Barcelo as a Dispatcher, Step 7, effective April 3, 2006. Page 4 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 6. Requesting authority for personnel to attend the following: • "Colt Armorer School" • "Detective Training Symposium" • "Executive Development Course" • "Los Angeles County Police Chiefs' Association 2006 Spring Conference" • "Criminal Investigation Core Course" • "Corrections Officer Core Course" • "Domestic Violence - Officer Involved Course" • "Effective Leadership Course" Risk Management Department 7. Ratification of the granting of a merit step increase to Karina Rueda, Administrative Assistant, from Step 7 to Step 6, effective March 20, 2006 (Last increase March 21, 2005). 8. Requesting authority for personnel to attend the following: • "Human Resources for Professionals Who've Recently Assumed HR Responsibilities Seminar" • "The Basics of HR Law 2006 Seminar" Treasurer's Department 9. Ratification of City of Vernon Requisitions from General Custody Escrow Account No. 800455 covering claims and demands presented during the period of January 12 through March 15, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $13,586.76, which includes Requisition Nos. GCE007 through GCE008 (inclusive). 10. Payroll Warrant Register No. 597 covering claims and demands presented during the period of January 8 through February 4, 2006, drawn on Bank of America totaling $2,276,482.06, which includes Demand Nos. 8944 through 8958 (inclusive), with no voids. (Accounting period February 2006) Finance Committee 11. Ratification of the execution of the following Work Authorizations to the contract with Galliera Inc., dba Trico Construction ("Trico"): PM-74R1-06 in the amount of $145,200.00, utilizing US Demolition as the subcontractor PM-76-06-MGS in the 'amount of $28,770.41, utilizing Starr Sign Design and Rhino Construction as the subcontractors 12. Request to issue a purchase order to Canon Business Solutions in the approximate amount of $23,531.97 for the purchase of a copier and first year maintenance for the Police Department. 13. Ratification of the execution of Work Authorization No. PM27-05-24-MGS to the contract with Galliera Inc., dba Trico Construction ("Trico") in the amount of $49,786.10, utilizing Contra Costa Electric as the subcontractor. Page 5 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 14. Request to approve and execute Change Order No. Thirteen to the contract with Power Engineers, Inc. in the amount of $183,556.77. Personnel Committee 15. Ratification of the granting of a merit step increase to Ehab Maximous, Civil Engineer, from Step 3 to Step 2, effective March 19, 2006 (Last increase March 20, 2005). 16. Ratification of the granting of a merit step increase to Juan Arellano, Utilityman I, from Step 3 to Step 2, effective March 19, 2006 (Last increase March 6, 2005). 17. Ratification of the granting of a merit step increase to Gerald Chavez, Utilityman I, from Step 3 to Step 2, effective March 19, 2006 (Last increase March 7, 2095 2004). 18. Ratification of the granting of a merit step increase to Gabriel Aldrete, Utilityman IV, from Step 6 to Step 5, effective March 19, 2006 (Last increase March 6, 2005). 19. Request to grant Debra Davis, Dispatcher, Step 3, a merit step increase to Dispatcher, Step 2, effective April 2, 2006 (Last increase April 3, 2005). 20. Request to reimburse Police Lieutenant Daniel Calleros $660.00 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Fall 2005 Semester at California State University, Long Beach related to his position with the City. 21. Request to reimburse Police Sergeant Jerry R. Chavez, Jr. $660.00 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Fall 2005 Semester at California State University, Long Beach related to his position with the City. 22. Request to reimburse Wesley Cruz, Engineering Aide, $179.01 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Winter 2006 Semester at L.A. Trade Technical College related to his position with the City. 23. Request to reimburse Scott Rigg, Water Operations Supervisor, $527.65 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Winter 2006 Quarter at California Lutheran University related to his position with the City. 24. Request to reimburse Juan Arellano, Utilityman I, $177.39 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Fall 2005 Semester at Rancho Santiago College related to his position with the City. 25. Request to reimburse Steve Hartsfield, Utilityman II, $177.39 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Fall 2005 Semester at Rancho Santiago College related to his position with the City. Page 6 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 26. Request to reimburse Firefighter James Espalin $660.00 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Fall 2005 Semester at California State University, Long Beach related to his position with the City. 27. Request to reimburse Firefighter Paul Hallenberg $205.50 from the Education and Training Appropriation account for his satisfactory completion of courses taken during the Fall 2005 Semester at El Camino Community College related to his position with the City. 28. Request to reimburse Firefighter Frank Quinones $170.68 from the Education and Training Appropriation account for his satisfactory completion of a course taken during the Winter 2006 Term at Riverside Community College related to his position with the City. End of Consent Calendar It was moved by Ybarra, seconded by McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried. RESOLUTION NO. 8983 - A Resolution of the City Council of the City of Vernon Accepting the Work of J & G Industries Inc. in Accordance With Contract No. 594 of the City of Vernon, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8983 be approved and adopted. Motion carried. RESOLUTION NO. 8984 - 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 General Pump Company, Inc. Relating to Well Evaluation, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8984 be approved and adopted. Motion carried. RESOLUTION NO. 8985 - 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 R. W. Beck, Inc. Relating to an Assessment of the Vernon Electric Distribution System, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8985 be approved and adopted. Motion carried. RESOLUTION NO. 8987 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for an Enforcement Assistance Grant from the California Integrated Waste Management Board, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8987 be approved and adopted. Motion carried. Page 7 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 RESOLUTION NO. 8989 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a First Amendment to Agreement for Professional Consulting Services By and Between the City of Vernon and Crossborder Energy, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8989 be approved and adopted. Motion carried. RESOLUTION NO. 8990 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement for Consulting Services By and Between the City of Vernon and Interstate Gas Services, Inc., was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8990 be approved and adopted. Motion carried. RESOLUTION NO. 8991 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Master Consulting Services Agreement By and Between the City of Vernon and New Energy Associates, LLC, a Siemens Company, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8991 be approved and adopted. Motion carried. RESOLUTION NO. 8992 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Extensions to Listing Agreements By and Between the City of Vernon and Cushman & Wakefield, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8992 be approved and adopted. Motion carried. RESOLUTION NO. 8993 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Standard Offer, Agreement and Escrow Instructions and Addendum for the Purchase By and Between the City of Vernon and Alpine Universal, Inc. for Property Located at 2301 E. Vernon Avenue, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8993 be approved and adopted. Motion carried. RESOLUTION NO. 8994 - A Resolution of the City Council of the City of Vernon Rescinding Resolution Nos. 8954, 8955, 8956 and 8957 Relating to Appointments to City Council Offices and Cancellation of Election to be Held on Tuesday, April 11, 2006, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8994 be approved and adopted. Motion carried. RESOLUTION NO. 8995 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Standard Offer, Agreement and Escrow Instructions and Addendum for the Purchase By and Between the City of Vernon and Pechiney Caste Plate, Inc. for Property Located at 3200 Fruitland Avenue, was read by title. Page 8 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 It was moved by McCormick, seconded by Gonzales, that Resolution No. 8995 be approved and adopted. Motion carried. RESOLUTION NO. 8996 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Professional Services Agreement By and Between the City of Vernon and R.W. Beck, Inc. for Consulting Services Relating to the City's Electric System, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8996 be approved and adopted. Motion carried. Warrant Register No. 1186 covering claims and demands presented during the period of February 23 through March 15, 2006, drawn on Bank of America totaling $3,294,398.01, which includes Demand Nos. 310157 through 310452 (inclusive), excluding Void Demand Nos. as listed below (Accounting period March 2006), was presented. 310227, 310234 through 310236, 310241 through 310246 It was moved by Ybarra, seconded by McCormick that the City of Vernon Warrant Register No. 1186 be approved and payment authorized for claims and demands totaling $3,294,398.01. Motion carried. Mayor Malburg abstained and disqualified himself from voting on this matter because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Light & Power of the City of Vernon Warrant Register No. 151 covering claims and demands presented during the period of February 23 through March 15, 2006, drawn on Bank of America totaling $3,207,689.12, which includes Demand Nos. 502571 through 502696 (inclusive), excluding Void Demand Nos. as listed below (Accounting period March 2006), was presented. 502575, 502581, 502585, 502593 through 502635 It was moved by Gonzales, seconded by Ybarra, that the Light & Power of the City of Vernon Warrant Register No. 151 be approved and payment authorized for claims and demands totaling $3,207,689.12. Motion carried. Mayor Malburg abstained and disqualified himself from voting on 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 5:35 p.m. Motion carried. Everyone was excluded from closed session with the exception of the Acting Fire Chief, the Director of Community Services & Water, the Acting City Clerk, the City Attorney, 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. Page 9 of 10 Rescheduled Regular City Council Meeting Minutes March 22, 2006 The Acting Fire Chief and the Director of Community Services & Water were excused from closed session after the conference regarding Employee Discipline/Dismissal/Release matters and prior to the conference regarding a Real Property Negotiation matter. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 6:00 p.m. Motion carried. " It was reported out that the City Council had a conference with Legal Counsel, the Acting Fire Chief, and the Director of Community Services & Water 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. It was reported out that the City Council had a conference with legal counsel in closed session regarding a Real Property Negotiation matter pursuant to Government Code Section 54956.8, and that direction was given to Legal Counsel on said matter. The Acting City Clerk reported for the record that Mayor Malburg recused himself on this matter. 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 6:01 p.m. Motion carried. ATTEST: 1 uce V Malkenhorst, Jr. Ac City Clerk eonis C. Ma urg Mayor Page 10 of 10