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20060524 Regular City Council Meeting - MinutesMINUTES OF THE RESCHEDULED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 24, 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 City Attorney advised that the following six requests and an Employee Performance Evaluation, all of which require immediate attention, were brought to the attention of the Acting City Clerk after the agenda was posted, and asked that a vote be taken to add said requests and said evaluation to tonight's agenda. 1. Request to amend Rate Schedules No. D, GS-1, GS-2, LS-1, LS-2, OL-1, PA-1, PA-2, PA-TOU, TC-1, TOU-G, and TOU-V regarding electrical rates to be charged for electrical energy distributed and supplied by the City within its boundaries (Resolution No. 9054) 2. Request to amend Resolution No. 6102 regarding the transfer of unrestricted fund interest earnings into the General Fund (Resolution No. 9055) 3. Request to establish a Restricted Light & Power Fund Stabilization Account within the Light & Power Fund (Resolution No. 9056) 4. Request to grant Jerry Winegar an advancement from Sergeant, Step 1, to Lieutenant, Step 2, effective May 28, 2006. 5. Request to grant Brandon Gray an advancement from Police Officer, Step 1, to Sergeant, Step 3, effective May 28, 2006. 6. Request to grant Francesco Pirello an advancement from Police Officer, Step 1, to Sergeant, Step 3, effective May 28, 2006. 7. Employee Performance Evaluation for the Administrative Assistant position pursuant to Government Code Section 54957 It was moved by McCormick, seconded by Gonzales, to add the aforementioned six requests and Employee Performance Evaluation to tonight's agenda. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None It was moved by Gonzales, seconded by Davis, that the Minutes of the Regular City Council Meeting held May 3, 2006, be approved and adopted as submitted. Motion carried. The City Attorney announced that now was the time to present the Perfect Attendance Awards. Rescheduled Regular City Council Meeting Minutes May 24, 2006 The Mayor presented Perfect Attendance Awards for the month of April to the following employees who were in attendance. NAME Glenn Burdick Dolores Jaunzemis Jerry Winegar Eric Anderson Linda Smith Albert De La Cruz Richard Recano JOB TITLE Electronics Technician Purchasing Assistant Sergeant Utilityman III Sr. Administrative Assistant Utilityman III Utilityman II D.O.H. YEARS 01/23/89 3 10/10/85 9 01/08/90 11 04/17/94 12 04/29/91 15 04/23/90 16 08/19/84 16 The below listed employees were unable to attend the meeting and their awards were forwarded to them. NAME Vincent Washington David Muniz David Soto Fernando Valenzuela Fernando Flores Melody Falvo Francesco Pirello Ben Busse Rose Gonzales Todd Hewett Barry Schoolmeester Michael Chavez Michael Hendrickson JOB TITLE D.O.H. YEARS Utilityman II 09/01/03 2 Utilityman III 04/23/89 4 Utilityman III 01/18/87 4 Police Officer 04/15/02 4 Field Crew 05/25/97 5 Department Secretary 10/28/81 8 Police Officer 08/27/90 9 Sergeant 06/22/90 11 Sr. Administrative Assistant 08/01/79 11 Fire Captain 06/26/89 14 Firefighter 02/26/90 14 Sergeant 05/13/85 15 Controls Technician 04/09/90 16 The Mayor called a short recess at 5:10 P.M. The City Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Fire Department Activity Report for the period May 1st through May 15th, 2006, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period May 1st through May 15th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period May 1st through May 15th, 2006, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period May 1st through May 15th, 2006, be received and filed. Motion carried. Health Department Report for the month of April 2006, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of April 2006, be received and filed. Motion carried. presented. Risk Management Report for the month of April 2006, was Page 2 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of April 2006, be received and filed. Motion carried. The City Attorney announced that now was 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. ORDINANCE NO. 1115 - An Ordinance of the City Council of the City of Vernon Amending Sections 25.102, 25.103(b), 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, was read by title for a second and final reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1115 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 the adoption of a resolution increasing water rates for City of Vernon customers. It was moved by Davis, seconded by Gonzales, to open the public hearing to consider the adoption of a resolution increasing water rates for City of Vernon customers, the time being 5:14 p.m. Motion carried. The Director of Community Services & Water provided the City Council with a summary of this matter and recommended the rate increase be approved as proposed. 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 the adoption of a resolution increasing water rates for City of Vernon customers, the time being 5:20 p.m. Motion carried. RESOLUTION NO. 9039 - A Resolution of the City Council of the City of Vernon Establishing the Rates for the Sale of Water in the City of Vernon in Accordance With the Vernon City Code and Ordinance No. 1029, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9039 be approved and adopted. Motion carried. Page 3 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 The City Attorney announced that now was the time to open the public hearing to consider a conditional use permit application from LTL 4 Less to operate a freight terminal at 4641 Hampton Street. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider a conditional use permit application from LTL 4 Less to operate a freight terminal at 4641 Hampton Street, the time being 5:20 p.m. Motion carried. The Director of Community Services & Water provided the City Council with a summary of this matter and recommended the conditional use permit be granted. 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 Gonzales, to close the public hearing to consider a conditional use permit application from LTL 4 Less to operate a freight terminal at 4641 Hampton Street, the time being 5:24 p.m. Motion carried. RESOLUTION NO. 9041 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to LTL 4 Less for the Operation of an Existing Freight Terminal at 4641 Hampton Street, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9041 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 from Fruitland Boyle Investment located at 4455 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 Ybarra, to open the public hearing to consider a variance application from Fruitland Boyle Investment located at 4455 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 5:25 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 the variance be granted, subject to the conditions listed in the staff report. 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. Page 4 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 It was moved by McCormick, seconded by Gonzales, to close the public hearing to consider a variance application from Fruitland Boyle Investment located at 4455 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 5:28 p.m. Motion carried. RESOLUTION NO. 9042 - A Resolution of the City Council of the City of Vernon Granting a Variance to Fruitland Boyle Investment from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for the Property Located at 4455 Fruitland Avenue in the City of Vernon, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9042 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 from Great American Packaging, Inc. located at 4361 Soto Street from Section 26.4.E-4(b) of the Comprehensive Zoning Ordinance. It was moved by Ybarra, seconded by McCormick, to open the public hearing to consider a variance application from Great American Packaging, Inc. located at 4361 Soto Street from Section 26.4.E-4(b) of the Comprehensive Zoning Ordinance, the time being 5:29 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 the variance be granted, subject to the conditions listed in the staff report. 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 McCormick, to close the public hearing to consider a variance application from Great American Packaging, Inc. located at 4361 Soto Street from Section 26.4.E-4(b) of the Comprehensive Zoning Ordinance, the time being 5:32 p.m. Motion carried. RESOLUTION NO. 9043 - A Resolution of the City Council of the City of Vernon Granting a Variance to Great American Packaging, Inc. from Section 26.4.E-4(b) of the Comprehensive Zoning Ordinance, for the Property Located at 4361 Soto Street in the City of Vernon, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9043 be approved and adopted. Motion carried. The Consent Calendar was presented. Consent Calendar Community Services & Water Department 1. Requesting authority for personnel to attend the following: 0 "Powerful Business Writing Skills Workshop" Page 5 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 Health Department 2. Requesting authority for personnel to attend the following: • "How to Organize and Maintain Files and Records Seminar" • "Local Enforcement Agency Solid Waste Conference" Light & Power Department 3. Ratification of the granting of a merit step increase to Michael Hendrickson, Electronics Technician, from Step 5 to Step 4, effective May 1, 2006 (Last increase May 1, 2005). 4. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of April 27 through May 17, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $21,259.28, which includes Requisition No. 361. 5. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of April 27 through May 17, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $1,305,927.69, which includes Requisition Nos. CE261 through CE278 (inclusive). Police Department 6. Removed - listed after the end of the Consent Calendar. 7. Requesting authority for personnel to attend the following: • "The Omega Group's Fourth User and Training Conference" • "The California Association of Labor Relation Officers Labor/Management Dispute Training Seminar" • "Assertive Supervision Training" Treasurer's Department 8. Ratification of the granting of a merit step increase to Claudia Luna, Account Clerk, from Step 7 to Step 6, effective May 14, 2006 (Last increase May 4, 2005). 9. Ratification of City of Vernon Requisitions from General Custody Escrow Account No. 800455 covering claims and demands presented during the period of April 27 through May 17, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $11,350.58, which includes Requisition No. GCE019. 10. Payroll Warrant Register No. 599 covering claims and demands presented during the period of March 19 through April 15, 2006, drawn on Bank of America totaling $2,311,354.84, which includes Demand Nos. 8989 through 9006 (inclusive), with no voids (Accounting period April 2006). Finance Committee 11. RESOLUTION NO. 9046 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Tyler Technologies, Inc. for Purchase of Financial Software Systems Page 6 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 12. RESOLUTION NO. 9051 - 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 Super Trap, Inc. for Vernon Police Department Indoor Rifle Range Upgrade 13. Request to issue a purchase order to Phoenix Distributors in the approximate amount of $28,380.00 for (33) Colt AR15 Rifles for the Police Department. 14. Request to issue a purchase order to Surefire, LLC in the approximate amount of $18,340.26 for (15) suppressor systems and (39) flash hider/adaptors for the aforementioned Colt AR15 Rifles. 15. Request to issue a purchase order to Pacific Bulletproof in the amount of $18,035.92 for the purchase and installation of bullet resistant windows for the Police Department. Personnel Committee 16. Request to grant Richard Stoykovich, Foreman, Step 2, a merit step increase to Foreman, Step 1, effective May 28, 2006 (Last increase April 17, 2005). 17. Request to grant Mauro Trujillo, Utilityman II, Step 2, a merit step increase to Utilityman II, Step 1, effective May 28, 2006 (Last increase May 15, 2005). 18. Request to grant Steven Towles, Police Captain, Step 2, a merit step increase to Police Captain, Step 1, effective June 11, 2006 (Last increase June 12, 2005). 19. Request to grant Jerry Chavez Jr., Sergeant, Step 2, a merit step increase to Sergeant, Step 1, effective June 13, 2006 (Last increase June 13, 2005). 20. Request to grant Danita Robertson, Records Manager, Step 4, a merit step increase to Records Manager, Step 3, effective June 25, 2006 (Last increase June 26, 2005). 21. Request to grant Melody Falvo, Department Secretary, Step 4, a merit step increase to Department Secretary, Step 3, effective June 25, 2006 (Last increase July 1, 2005). 22. Request to grant Silas Williams, Utilityman II, Step 3, a merit step increase to Utilityman II, Step 2, effective July 9, 2006 (Last increase July 10, 2005). 23. Request to hire Lizette Diaz as a Part -Time Dispatcher assigned to the Police Department, effective May 30, 2006, contingent upon the successful completion of the background investigation. End of Consent Calendar 6. Request to grant Solomon Benudiz, Chief of Police, Step 2, a merit step increase to Chief of Police, Step 1, effective June 11, 2006 (Last increase June 12, 2005). Page 7 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 It was moved by Davis, seconded by McCormick, that item number six of the consent calendar (listed above) be removed from the agenda and the rest of the matters on the consent calendar be approved as recommended. Motion carried. Request to grant a variance to Mudanzas Azteca, Inc. from the 2001 California Building Code, Table No. 5-A, for the area between the properties located at 2036 and 2038 45th Street, was presented. It was moved by Davis, seconded by McCormick, to grant a variance to Mudanzas Azteca, Inc. from the 2001 California Building Code, Table No. 5-A, for the area between the properties located at 2036 and 2038 45th Street. Motion carried. RESOLUTION NO. 9040 - A Resolution of the City Council of the City of Vernon Accepting the Bid of AA-1 Services, Inc. for the Elevated Tank Seismic Upgrade and Exterior Paint in Accordance With Contract No. 598 of the City of Vernon and Approving the Execution of Said Contract, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9040 be approved and adopted. Motion carried. RESOLUTION NO. 9044 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Provide Professional Consulting Services By and Between the City of Vernon and MAXIMUS, Inc. for 2006-2007 Mandated Cost Claiming Services, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9044 be approved and adopted. Motion carried. RESOLUTION NO. 9045 - 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 Common Area Maintenance Services, Inc. for Janitorial Services for City Hall and Related Facilities, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9045 be approved and adopted. Motion carried. RESOLUTION NO. 9047 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and Kevin Sales, dba KJ Services, Relating to 2006/2007 Grant Programs, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9047 be approved and adopted. Motion carried. RESOLUTION NO. 9048 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Disadvantaged Business Enterprise Race -Neutral Implementation Agreement for Local Agencies By and Between the City of Vernon and the U.S. Department of Transportation Through the California Department of Transportation, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9048 be approved and adopted. Motion carried. Page 8 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 RESOLUTION NO. 9049 - A Resolution of the City Council of the City of Vernon Determining the Tax on all Parcels Subject to the Special Parcel Tax Imposed by Ordinance No. 1076 for Fiscal Year 2006-2007, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9049 be approved and adopted. Motion carried. RESOLUTION NO. 9050 - 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 Galliera Inc. dba Trico Construction, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9050 be approved and adopted. Motion carried. RESOLUTION NO. 9052 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Filing of an Application for Certification With the California Energy Commission for the Vernon Power Plant Project and Payment of Related Fees and Approving and Authorizing the Payment of Additional Funds for Said Application, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9052 be approved and adopted. Motion carried. RESOLUTION NO. 9053 - A Resolution of the City Council of the City of Vernon Amending Its Interest Rate Swap Policy, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9053 be approved and adopted. Motion carried. RESOLUTION NO. 9054 - A Resolution of the City Council of the City of Vernon Amending Rate Schedules No. D, GS-1, GS-2, LS-1, LS-2, OL-1, PA-1, PA-2, PA-TOU, TC-1, TOU-G, and TOU-V Regarding Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by the City Within its Boundaries, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9054 be approved and adopted. Motion carried. RESOLUTION NO. 9055 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6102 Regarding Transfer of Unrestricted Fund Interest Earnings into the General Fund, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9055 be approved and adopted. Motion carried. RESOLUTION NO. 9056 - A Resolution of the City Council of the City of Vernon Establishing a Restricted Light & Power Fund Stabilization Account Within the Light & Power Fund, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9056 be approved and adopted. Motion carried. Page 9 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 Request to grant Jerry Winegar an advancement from Sergeant, Step 1, to Lieutenant, Step 2, effective May 28, 2006, was presented. It was moved by Gonzales, seconded by Ybarra, to grant Jerry Winegar an advancement from Sergeant, Step 1, to Lieutenant, Step 2, effective May 28, 2006. Motion carried. Request to grant Brandon Gray an advancement from Police Officer, Step 1, to Sergeant, Step 3, effective May 28, 2006, was presented. It was moved by McCormick, seconded by Davis, to grant Brandon Gray an advancement from Police Officer, Step 1, to Sergeant, Step 3, effective May 28, 2006. Motion carried. Request to grant Francesco Pirello an advancement from Police Officer, Step 1, to Sergeant, Step 3, effective May 28, 2006, was presented. It was moved by Ybarra, seconded by Gonzales, to grant Francesco Pirello an advancement from Police Officer, Step 1, to Sergeant, Step 3, effective May 28, 2006. Motion carried. Mayor Malburg was excused from the meeting at 5:42 p.m. Warrant Register No. 1190 covering claims and demands presented during the period of April 27 through May 17, 2006, drawn on Bank of America totaling $1,982,307.56, which includes Demand Nos. 310969 through 311214 (inclusive), excluding Void Demand Nos. as listed below (Accounting period May 2006), was presented. 310985, 311010, 311021 through 311028 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 1190 be approved and payment authorized for claims and demands totaling $1,982,307.56. Motion carried. Councilman Davis was excused from the meeting at 5:43 p.m. Light & Power of the City of Vernon Warrant Register No. 155 covering claims and demands presented during the period of April 27 through May 17, 2006, drawn on Bank of America totaling $2,508,455.88, which includes Demand Nos. 502850 through 502940 (inclusive), excluding Void Demand Nos. as listed below (Accounting period May 2006), was presented. 502850, 502870 through 502875 It was moved by the Gonzales, seconded by McCormick, that the Light & Power of the City of Vernon Warrant Register No. 155 be approved and payment authorized for claims and demands totaling $2,508,455.88. Motion carried. Mayor Malburg and Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 5:43 p.m. The City Attorney announced that now was the time to go into closed session. Page 10 of 11 Rescheduled Regular City Council Meeting Minutes May 24, 2006 It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session, the time being 5:56 p.m. Motion carried. Everyone was excluded from closed session with the exception of the Director of Environmental Health, Acting City Clerk, 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 Director of Environmental Health was excused from closed session after the conference regarding Employee Performance Evaluation matters and prior to the conference regarding Existing Litigation matters. It was moved by Davis, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 6:02 p.m. Motion carried. It was reported out that the City Council had a conference with the Director of Environmental Health, the Acting City Clerk, and Legal Counsel in closed session regarding an Employee Performance Evaluation matter 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 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 It was reported out that the City Council had a conference with Legal Counsel in closed session regarding one item of anticipated litigation pursuant to subdivision (c) of Government Code Section 54956.9, 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 McCormick, seconded by Ybarra, that the meeting be adjourned, the time being 6:03 p.m. Motion carried. ATTE Bruceu Malkenhorst, Jr. Acting City Clerk eonis C. Za?lburg Mayor Page 11 of 11