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20060405 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 5, 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 City Attorney advised that a request to add a proclamation to commend United States Container Corporation on its 50th anniversary was brought to the Acting City Clerk's attention after the agenda was posted and asked that a vote be taken to add said proclamation to tonight's agenda. It was moved by Gonzales, seconded by Ybarra, that the proclamation for United States Container Corporation be added to tonight's agenda. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None It was moved by McCormick, seconded by Gonzales, that the Minutes of the Rescheduled Regular City Council Meeting held March 22, 2006, be approved and adopted as submitted. Motion carried. The City Attorney announced that now was the time to present the Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the City Council: Robert Martinez Utilityman III 20 Yrs. Jeff Wightman Utilityman III 20 Yrs. Miguel Torres Police Officer 5 Yrs. Gloria Orosco, Special Assistant to the City Administrator, was unable to attend the meeting to receive her 25-Year Service Pin. The pin was submitted to the Acting City Clerk. The Mayor presented A Proclamation Commending and Honoring United States Container Corporation on its 50th Anniversary to a representative of said corporation. Fire Department Activity Report for the period March 16th through March 31st, 2006, was presented. It was moved by Gonzales, seconded by McCormick, that the Fire Department Activity Report for the period March 16th through March 31st, 2006, be received and filed. Motion carried. Police Department Activity Log for the period March 16th through March 31st, 2006, was presented. Regular City Council Meeting Minutes April 5, 2006 It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period March 16tn through March 31st, 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 announced that now was the time to open the public hearing to consider the adoption of an ordinance placing a further 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. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider the adoption of an ordinance placing a further 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, the time being 5:07 p.m. Motion carried. The Director of Community Services & Water provided the City Council with a summary of this matter and recommended the approval of Ordinance No. 1118. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. John Norton, president of All American Manufacturing, addressed the City Council and expressed his support on 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 McCormick, seconded by Gonzales, to close the public hearing to consider the adoption of an ordinance placing a further 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, the time being 5:10 p.m. Motion carried. Page 2 of 10 Regular City Council Meeting Minutes April 5, 2006 ORDINANCE NO. 1118 - An Interim Ordinance of the City Council of the City of Vernon Extending Interim Ordinance No. 1114, as Amended by Ordinance No. 1116, Making Findings with Respect Thereto, Declaring the Urgency Thereof and a Basis for said Ordinance to take Effect Immediately, was read by title for a first and final reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1118 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None The City Attorney announced that now was the time to open the public hearing to consider a variance application for Global Apparel, Inc. located at 2726 Fruitland Avenue from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize three non -conforming truck loading spaces. It was moved by Gonzales, seconded by Davis, to open the public hearing to consider a variance application for Global Apparel, Inc. located at 2726 Fruitland Avenue from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize three non -conforming truck loading spaces, the time being 5:11 p.m. Motion carried. The Director of Community Services & Water provided the City Council with a summary of the staff report on this matter and recommended that said variance be approved. 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 a variance application for Global Apparel, Inc. located at 2726 Fruitland Avenue from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize three non -conforming truck loading spaces, the time being 5:14 p.m. Motion carried. Resolution No. 8998 - A Resolution of the City Council of the City of Vernon Granting a Variance to Global Apparel, Inc. from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for the Property Located at 2726 Fruitland Avenue in the City of Vernon, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8998 be approved and adopted. Motion carried. The City Attorney announced that now was the time to open the public hearing to consider a variance application for Soo Nam Yang located at 2425 30th Street from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize one non- conforming truck loading space. Page 3 of 10 Regular City Council Meeting Minutes April 5, 2006 It was moved by Davis, seconded by McCormick, to open the public hearing to consider a variance application for Soo Nam Yang located at 2425 30th Street from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize one non -conforming truck loading space, the time being 5:15 p.m. Motion carried. The Director of Community Services & Water provided the City Council with a summary of the staff report on this matter and recommended that said variance be approved. 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 Ybarra, to close the public hearing to consider a variance application for Soo Nam Yang located at 2425 30th Street from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize one non -conforming truck loading space, the time being 5:19 p.m. Motion carried. Resolution No. 8999 - A Resolution of the City Council of the City of Vernon Granting a Variance to Soo Nam Yang from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for the Property Located at 2425 30th Street in the City of Vernon, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8999 be approved and adopted. Motion carried. The City Attorney announced that now was the time to open the public hearing to consider a variance application for K.V. Cutting & Fusing, Inc. located at 4770 48th Street from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize two non -conforming truck loading spaces. It was moved by McCormick, seconded by Davis, to open the public hearing to consider a variance application for K.V. Cutting & Fusing, Inc. located at 4770 48th Street from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize two non -conforming truck loading spaces, the time being 5:20 p.m. Motion carried. The Director of Community Services & Water provided the City Council with a summary of the staff report on this matter and recommended that said variance be approved. 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 Davis, seconded by Ybarra, to close the public hearing to consider a variance application for K.V. Cutting & Fusing, Inc. located at 4770 48th Street from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize two non -conforming truck loading spaces, the time being 5:23 p.m. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes April 5, 2006 Resolution No. 9000 - A Resolution of the City Council of the City of Vernon Granting a Variance to K.V. Cutting & Fusing, Inc. from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for the Property Located at 4770 48th Street in the City of Vernon, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9000 be approved and adopted. Motion carried. The City Attorney advised that item number nine of the Consent Calendar should be removed from the agenda. 9. Request to issue a purchase order to Surefire, LLC in the approximate amount of $18,340.26 for the purchase of 15 Suppressor Systems and 39 Flash Hider/Adaptors for the Police Department's rifles. It was moved by Ybarra, seconded by Gonzales, that item number nine of the Consent Calendar be removed from the agenda and that no action be taken on said matter at this time. Motion carried. The Consent Calendar was presented. Consent Calendar Community Services & Water Department 1. Requesting authority for personnel to attend the following: • "California Water Distribution Review Workshop D-3 and D-4" Fire Department 2. Requesting authority for personnel to attend the following: • "Collapsed Structure Rescue Class" Health Department 3. Requesting authority for personnel to attend the following: • "2006 California Environmental Health Association Annual Education Symposium" 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 March 16 through March 29, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $56,800.49, which includes Requisition Nos. 352 through 353 (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 March 16 through March 29, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $310,035.41, which includes Requisition Nos. CE237 through CE244 (inclusive). Page 5 of 10 Regular City Council Meeting Minutes April 5, 2006 Police Department 6. Requesting authority for personnel to attend the following: 0 "2006 California State Association of Public -Safety Communications Officials (APCO) Training Conference" • "Budgeting for Police Departments Seminar" • "Field Training Program - Administrators" Treasurer's Department 7. Ratification of City of Vernon Requisitions from General Custody Escrow Account No. 800455 covering claims and demands presented during the period of March 16 through March 29, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $8,481,093.39, which includes Requisition Nos. GCE009 through GCE013 (inclusive). Finance Committee 8. Ratification of the execution of the following Work Authorizations to the contract with Galliera Inc., dba Trico Construction ("Trico"): PM-22A-06/MGS in the amount of $34,870.00, utilizing US Filter as the subcontractor PM-78-06/L&P in the amount of $109,648.00, utilizing Rhino Construction Services and Palsons Electrical Engineering Services as the subcontractors PM-79-06/L&P ih the amount of $113,177.90, utilizing Rhino Construction Services and Palsons Electrical Engineering Services as the subcontractors 10. Request to approve and execute Change Order No. Four to the contract with Commonwealth Associates, Inc. in the amount of $75,000.00. Personnel Committee 11. Request to grant Todd Newton, Police Officer, Step 4, a merit step increase to Police Officer, Step 3, effective May 29, 2006. 12. Request to grant Douglas Ulibarri, Vernon Service Officer, Step 7, a merit step increase to Vernon Service Officer, Step 6, effective May 14, 2006. End of Consent Calendar It was moved by McCormick, seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried. RESOLUTION NO. 8997 - A Resolution of the City Council of the City of Vernon Approving Contract No. 598 for the Elevated Tank Seismic Upgrade and Exterior Paint and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was read by title. Page 6 of 10 Regular City Council Meeting Minutes April 5, 2006 It was moved by Gonzales, seconded by McCormick, that Resolution No. 8997 be approved and adopted. Motion carried. RESOLUTION NO. 9001 - A Resolution of the City Council of the City of Vernon Approving and Ratifying Actions Taken Regarding Renewal of Pollution Legal Liability Insurance from American International Specialty Lines Insurance Company, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9001 be approved and adopted. Motion carried. RESOLUTION NO. 9002 - 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 Section 21 and Pages 4, 5, 13, 14 and 15 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 Ybarra, that Resolution No. 9002 be approved and adopted. Motion carried. RESOLUTION NO. 9003 - A Resolution of the City Council of the City of Vernon Establishing the Position of Capital Project Administrator and Appointing the Assistant City Attorney to Serve in said Position, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9003 be approved and adopted. Motion carried. RESOLUTION NO. 9004 - A Resolution of the City Council of the City of Vernon Amending Resolution Nos. 8841 and 8940 Which Designated Employees Authorized to Purchase and Sell Electric Energy, Natural Gas and Financial Hedges and Enter into Contracts for said Services, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9004 be approved and adopted. Motion carried. RESOLUTION NO. 9005 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Ground Lease By and Between the City of Vernon and Masterfoods USA, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9005 be approved and adopted. Motion carried. RESOLUTION NO. 9006 - 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 Klausbruckner & Associates for Plan Check Review of Fire Sprinkler Systems, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9006 be approved and adopted. Motion carried. RESOLUTION NO. 9007 - 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. for Repairs on Booster Motors, was read by title. Page 7 of 10 Regular City Council Meeting Minutes April 5, 2006 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9007 be approved and adopted. Motion carried. RESOLUTION NO. 9008 - A Resolution of the City Council of the City of Vernon Designating Fire Stations 1, 2, 3 and 4 as Safe Surrender Locations, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9008 be approved and adopted. Motion carried. RESOLUTION NO. 9009 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended and Restated Access Agreement By and Between the City of Vernon and Dynamic Builders, Inc. for Property Located at 4901 Bandini Boulevard, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9009 be approved and adopted. Motion carried. RESOLUTION NO. 9010 - 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. 9010 be approved and adopted. Motion carried. RESOLUTION NO. 9011 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment of Southeast Water Coalition Joint Powers Agreement with Various Governmental Agencies, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9011 be approved and adopted. Motion carried. RESOLUTION NO. 9012 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Two to Services Agreement By and Between the City of Vernon and J.D. Hicks & Associates, LLC, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9012 be approved and adopted. Motion carried. The Acting City Clerk asked Mayor Malburg and Councilman Davis to recuse themselves on the following two matters. Mayor Malburg and Councilman Davis were excused from the meeting at 5:29 p.m. Warrant Register No. 1187 covering claims and demands presented during the period of March 16 through March 29, 2006, drawn on Bank of America totaling $4,041,111.04, which includes Demand Nos. 310453 through 310617 (inclusive), excluding Void Demand Nos. as listed below (Accounting period April 2006), was presented. 310482 through 310487 Page 8 of 10 Regular City Council Meeting Minutes April 5, 2006 It was moved by McCormick, seconded by Gonzales, that the City of Vernon Warrant Register No. 1187 be approved and payment authorized for claims and demands totaling $4,041,111.04. Motion carried. Light & Power of the City of Vernon Warrant Register No. 152 covering claims and demands presented during the period of March 16 through March 29, 2006, drawn on Bank of America totaling $2,949,181.01, which includes Demand Nos. 502697 through 502751 (inclusive), excluding Void Demand Nos. as listed below (Accounting period March 2006), was presented. 502709 through 502714 It was moved by Gonzales, seconded by McCormick, that that the Light & Power of the City of Vernon Warrant Register No. 152 be approved and payment authorized for claims and demands totaling $2,949,181.01. Motion carried. Mayor Malburg and Councilman Davis reentered the meeting in regular session at 5:31 p.m. 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 5:40 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, and outside Legal Counsel. 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 5:45 p.m. Motion carried. It was reported out that the City Council had a conference with legal counsel in closed session regarding the following existing litigation case numbers pursuant to subdivision (a) of Government Code Section 54956.9, and that no action was taken on said cases. a. LASC No. BC 331516 b. LASC No. BS 095763 C. LASC No. BC 343370 d. LASC No. BS 101423 e. LASC No. BC 346114 f. LASC No. BC 337476 Page 9 of 10 Regular City Council Meeting Minutes April 5, 2006 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 5:45 p.m. Motion carried. ATTEST - Bruce V. Malkenhorst, Jr. Acting City Clerk f eonis C. Malb rg Mayor Page 10 of 10