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20060419 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 19, 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: None The meeting was called to order by Mayor Malburg. The Deputy City Clerk advised that a request to appoint Willard Yamaguchi, Chief Deputy City Attorney, as the Hearing Examiner authorized to schedule a hearing for the appeal filed March 27, 2006, of the March 14, 2006 order by the City Building Official, which requires immediate attention, was brought to the attention of the Acting City Clerk after the agenda was posted, and asked that a vote be taken to add said request to tonight's agenda. It was moved by Ybarra, seconded by Gonzales, that the aforementioned request be added to tonight's agenda. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None It was moved by Davis, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held April 5, 2006, be approved and adopted as submitted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Special City Council Meeting held April 10, 2006, be approved and adopted as submitted. Motion carried. The Deputy City Clerk announced that now was the time to present the Perfect Attendance Awards. The Mayor presented Perfect Attendance Awards for the month of March to the following employees who were in attendance. NAME JOB TITLE D.O.H. YEARS Michael Pinnere Firefighter 03/22/99 7 Jorge Somoano Engineering & Operations Mgr. 06/23/85 11 Jose Pereyra Systems Coordinator II 07/16/90 13 Dan Downing Chief Deputy Director 03/01/87 19 The below listed employees were unable to attend the meeting and their awards were forwarded to them. NAME Gabriel Aldrete Ana Karina Rueda Adam Alvarez Debra Davis Lyndon Ong Yiu Eugenio Cerda JOB TITLE Utilityman IV Administrative'Assistant Utilityman III Dispatcher Environmental Specialist Police Officer D.O.H. YEARS 03/10/03 3 01/28/02 3 07/01/87 3 01/02/01 4 04/23/01 4 12/14/98 5 Regular City Council Meeting Minutes April 19, 2006 NAME Allan Castro Shahram Sharifzadeh Robert Farrell Anthony Fish Matthew Holtzendorff Chad McGovney Derek Meyer Andrew Smith Norman Sutherlin Paul Cerda Pete Torres Brandon Gray Patrick Keye Eliseo Genera JOB TITLE D.O.H. YEARS Firefighter 03/01/00 6 Systems Coordinator I 03/13/00 6 Firefighter 03/22/99 7 Firefighter 03/22/99 7 Firefighter 03/22/99 7 Firefighter 03/22/99 7 Firefighter 03/22/99 7 Firefighter 03/22/99 7 Firefighter 03/22/99 7 Police Officer 03/29/98 8 Fire Engineer 10/24/88 9 Police Officer 07/10/95 10 Systems Coordinator II 08/05/84 15 Civilian Court Officer 04/28/86 16 The Mayor called a short recess at 5:06 p.m. The City Council reconvened in regular session at 5:09 p.m., all members present before the recess again being present. The Mayor presented A Proclamation of the Mayor and the City Council of the City of Vernon Declaring May 15, 2006 as "Peace Officers, Memorial Day" and Declaring May 14-20, 2006 as "Police Week" to the Police Department. Captain Towles accepted the proclamation and expressed his thanks on behalf of the Police Department. Fire Department Activity Report for the period April 1st through April 15th, 2006, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period April 1st through April 15th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period April 1st through April 15th, 2006, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period April 1st through April 15th, 2006, be received and filed. Motion carried. Health Department Report for the month of March 2006, was presented. It was moved by Ybarra, seconded by McCormick, that the Health Department Report for the month of March 2006, be received and filed. Motion carried. Risk Management Report for the month of March 2006, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of March 2006, be received and filed. 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. Page 2 of 7 Regular City Council Meeting Minutes April 19, 2006 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 Deputy City Clerk announced that now was the time to open the public hearing to consider the termination of the Non -Exclusive Franchise for Solid Waste Management Services Agreement between the City of Vernon and SWRD, Inc. It was moved by Ybarra, seconded by McCormick, to open the public hearing to consider the termination of the Non - Exclusive Franchise for Solid Waste Management Services Agreement between the City of Vernon and SWRD, Inc., the time being 5:09 p.m. Motion carried. The Director of Environmental Health provided the City Council 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 to consider the termination of the Non - Exclusive Franchise for Solid Waste Management Services Agreement between the City of Vernon and SWRD, Inc., the time being 5:11 p.m. Motion carried. RESOLUTION NO. 9018 - A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to SWRD, Inc. dba Solid Waste Recycling & Disposal by the City of Vernon Pursuant to Resolution No. 7320, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9018 be approved and adopted. Motion carried. The Consent Calendar was presented. Consent Calendar Community Services & Water Department 1. Request to approve a fully executed Grant Deed from 45th Street LLC for the property at 2640 E. 45th Street. 2. Request to approve a fully executed Grant Deed from 45th Street LLC for the property at 2651 E. 45th Street. Fire Department 3. Requesting authority for ^_ty Gff_=_='_c personnel to attend the following: • "Truck Company Operations Seminar" Page 3 of 7 Regular City Council Meeting Minutes April 19, 2006 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 30 through April 12, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $172,659.31, which includes Requisition Nos. 354 through 355 (inclusive). 5. Ratification of City of Power Custody Escrow Account demands presented during the 12, 2006, drawn on The Bank totaling $978,744.51, which through CE255 (inclusive). Police Department Vernon Requisitions from Light & No. 800452 covering claims and period of March 30 through April of New York Trust Company, N.A. includes Requisition Nos. CE245 6. Requesting authority for Gity ^ffieia_s personnel to attend the following: • "California Law Enforcement Association of Records Supervisors (CLEARS) Region III Training Seminar" • "POST Recruiter Seminar" Treasurer's Department 7. Payroll Warrant Register No. 598 covering claims and demands presented during the period of February 5 through March 18, 2006, drawn on Bank of America totaling $3,360,621.38, which includes Demand Nos. 8959 through 8988 (inclusive), with no voids. (Accounting period March 2006) Finance Committee 8. Request to issue two purchase orders to Dell in the total approximate amount of $15,233.96 for the purchase of fourteen computers, six 17" monitors, and two 19" monitors for the Police Department. 9. Request to issue a purchase order to AUL Pipe Tubing & Steel in the approximate amount of $18,443.14 for the purchase and installation of three fabricated generator catwalks with ladders for the Community Services & Water Department. 10. Request to approve and execute Extra Work Order No. One to the contract with Republic Electric in the amount of $93,000.00 to install new LED traffic signal lamps throughout the City. Personnel Committee 11. Request to grant Linda Smith, Senior Administrative Assistant, Step 4, a merit step increase to Senior Administrative Assistant, Step 3, effective April 30, 2006 (Last increase October 17, 2004). 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. Page 4 of 7 Regular City Council Meeting Minutes April 19, 2006 Request to approve Final Parcel Map No. 62600 submitted by 45th Street, LLC, was presented. It was moved by Gonzales, seconded by Davis, to approve Final Parcel Map No. 62600 submitted by 45th Street, LLC. Motion carried. RESOLUTION NO. 9019 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Public Improvements Agreement No. 18 By and Between the City of Vernon and University Marelich Mechanical & Galliera, Inc., was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9019 be approved and adopted. Motion carried. RESOLUTION NO. 9020 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the City of Vernon to Enter into an Amendment to Contract No. CO207213 with the State of California for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9020 be approved and adopted. Motion carried. RESOLUTION NO. 9021 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Notice of Nonresponsibility and Related Documents Regarding the Property Located at 4901 Bandini Boulevard, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9021 be approved and adopted. Motion carried. RESOLUTION NO. 9022 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and Southern California Edison Company Regarding the Laguna Bell- Leonis No. 1 66 kV Interconnection, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9022 be approved and adopted. Motion carried. RESOLUTION NO. 90.23 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and Southern California Edison Company for Malburg Generation Station Communications Facilities, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9023 be approved and adopted. Motion carried. Councilman Davis abstained from voting on this matter. Request to appoint Willard Yamaguchi, Chief Deputy City Attorney, as the Hearing Examiner authorized to schedule a hearing for the appeal filed March 27, 2006, of the March 14, 2006 order by the City Building Official, was presented. It was moved by Gonzales, seconded by Davis, that Willard Yamaguchi be appointed as the Hearing Examiner authorized to schedule a hearing for the appeal filed March 27, 2006. Motion carried. Page 5 of 7 Regular City Council Meeting Minutes April 19, 2006 The Deputy 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 5:18 p.m. Warrant Register No. 1188 covering claims and demands presented during the period of March 30 through April 12, 2006, drawn on Bank of America totaling $1,833,119.19, which includes Demand Nos. 310618 through 310810 (inclusive), excluding Void Demand Nos. as listed below (Accounting period April 2006), was presented. 310667 through 310672 It was moved by Gonzales, seconded by McCormick, that the City of Vernon Warrant Register No. 1188 be approved and payment authorized for claims and demands totaling $1,833,119.19. Motion carried. Light & Power of the City of Vernon Warrant Register No. 153 covering claims and demands presented during the period of March 30 through April 12, 2006, drawn on Bank of America totaling $1,760,662.42, which includes Demand Nos. 502752 through 502797 (inclusive), excluding Void Demand Nos. as listed below (Accounting period April 2006), was presented. 502762 through 502767 It was moved by McCormick, seconded by Gonzales, that that the Light & Power of the City of Vernon Warrant Register No. 153 be approved and payment authorized for claims and demands totaling $1,760,662.42. Motion carried. Mayor Malburg and Councilman Davis reentered the meeting in regular session at 5:20 p.m. The Deputy City Clerk announced that now was the time to go into closed session. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session, the time being 5:25 p.m. Motion carried. Everyone was excluded from closed session with the exception of the Police Captain, 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. The Police Captain was excused from closed session after the conference regarding Employee Discipline/Dismissal/Release matters and prior to the conference regarding Existing Litigation matters. It was moved by Ybarra, 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. Page 6 of 7 Regular City Council Meeting Minutes April 19, 2006 It was reported out that the City Council had a conference with the Police Captain, the Acting City Clerk, and Legal Counsel in closed session regarding an Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957, and that direction was given to the Acting City Clerk on said 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 5:40 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst, Jr. Acting'City Clerk °'.Leonis C. Malburg Mayor Page 7 of 7 Regular City Council Meeting Minutes April 19, 2006 It was reported out that the City Council had a conference with the Police Captain, the Acting City Clerk, and Legal Counsel in closed session regarding an Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957, and that direction was given to the Acting City Clerk on said 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 5:40 p.m. Motion carried. ATTES-T: uce . Malkenhorst, Jr. tin City Clerk �eOnls C. Malburg Mayor Page 7 of 7