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20070205 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 5, 2007, AT 10:05 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, Ybarra, Davis, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro-Tem Ybarra. Mayor Pro-Tem Ybarra indicated that there was a need to make a change with regard to the office of Mayor Pro-Tem and recommended appointing Councilman Gonzales as the Mayor Pro-Tem. It was moved by Davis, seconded by McCormick, to appoint Hilario Gonzales as the Mayor Pro-Tem. Motion carried. Mayor Pro-Tem Gonzales assumed the duties of said office at this time and proceeded to conduct the rest of the meeting. The appointment of members to sit on the following committees and designation of the Chairman and Vice Chairman for each committee was conducted. It was moved by Davis, seconded by Ybarra, to reappoint the following members to serve on each committee and designate the Chairman, Vice Chairman, and alternates for each committee as listed below. Motion carried. • Disbursement Review Subcommittee: Gonzales, Ybarra ➢ Chairman: Gonzales ➢ Chairman Pro-Tem: Ybarra ➢ Alternates: None • Finance Committee: Malburg, Gonzales, Ybarra ➢ Chairman: Malburg ➢ Vice Chairman: Gonzales ➢ Alternates: Davis, McCormick • Personnel Committee: Malburg, Gonzales, Davis ➢ Chairman: Malburg ➢ Vice Chairman: Gonzales ➢ Alternates: Ybarra, McCormick • Police & Fire Commissions: Malburg, Gonzales, McCormick ➢ Chairman: Malburg ➢ Vice Chairman: Gonzales ➢ Alternates: Ybarra, Davis • Public Benefits Resource Committee: Malburg, Gonzales, Ybarra, Davis, McCormick ➢ Chairman: Malburg ➢ Vice Chairman: Gonzales It was moved by Davis, seconded by McCormick, that the Minutes of the Regular City Council Meeting held January 3, 2007, be approved and adopted as submitted. Motion carried. Regular City Council Meeting Minutes February 5, 2007 It was moved by McCormick, seconded by Davis, that the Minutes of the Regular City Council Meeting held January 17, 2007, be approved and adopted as submitted. Motion carried. The Acting City Administrator announced that now was the time to present the Service Pins. The Mayor Pro-Tem presented Service Pins to the following employees and extended congratulations on behalf of the City Council: Alice Saldana Jesse Palomarez Sherwood Natsuhara Ana Karina Rueda Administrative Assistant 25 Years Field d r'r 5 Years Generation Coordinator Deputy Director of Community 5 Years Services & Water Administrative Assistant 5 Years The below listed employees were unable to attend the meeting and their Service Pins were forwarded to them. David Kimes Jed Hulsey David Soto Norma Rodriguez Battalion Chief Fire Captain Utilityman III Dispatcher The Acting City Administrator advised that the following matter should be deferred. 20 Years 20 Years 20 Years 5 Years Presentation of a merit pin and certificate to Police Officer Christian Moscoso for his extraordinary efforts in solving a crime. It was moved by McCormick, seconded by Davis, that the aforementioned matter be deferred. Motion carried. The Acting City Administrator announced that now was the time for the presentation regarding proposed improvements to the I-710 freeway and the community participation framework. The Director of Community Services & Water introduced Mr. Jerry Wood, Transportation Engineer with Gateway Cities Council of Governments. Mr. Wood provided an update on the I-710 Major Corridor Project, which includes the freeway on- and off -ramps on Atlantic/Bandini Boulevard and Slauson Avenue, and emphasized the necessity of having the City of Vernon establish and appoint a Local Advisory Committee to participate in this project. The Mayor Pro-Tem called a short recess at 10:32 a.m. The City Council reconvened in regular session at 10:35 a.m., all members present before the recess again being present. Fire Department Activity Report for the period of j nu rYr L' +-i h J� i��rzr 'G- th st 1-�-�g-- j January 16 through January 31 , 2007, was presented. Page 2 of 7 Regular City Council Meeting Minutes February 5, 2007 It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period of January 16th through January 31st, 2007, be received and filed. Motion carried. Police Department Activity Log for the period of era-he�rg}�-Qan„or j January 16th through January 31st, 2007, was presented. It was moved by McCormick, seconded by Ybarra, that the Police Department Activity Log for the period of January 15th through January 31st, 2007, be received and filed. Motion carried. Light & Power Department Resource Procurement Final Report for the month September 2006, was presented. It was moved by Davis, seconded by Ybarra, that the Light & Power Department Resource Procurement Final Report for the month September 2006, be received and filed. Motion carried. The Acting City Administrator announced that now was time for anyone in the audience who wished to address the City Council on any agenda or non -agenda items other than with regard to any public hearings that may be listed. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council at this time. There was no one who wished to address the City Council at this time. ORDINANCE NO. 1129 - An Ordinance of the City Council of the City of Vernon Amending Sections 2.10 Through 2.16 of Article III of Chapter 2 of the Code of the City of Vernon, California, 1959, Relating to Claims and Demands Against the City and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1129 be approved for a first reading. Motion carried. Ayes: Gonzales, Ybarra, Davis, McCormick Noes: None Absent: Malburg Abstained: None The Acting City Administrator 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. Page 3 of 7 Regular City Council Meeting Minutes February 5, 2007 It was moved by McCormick, 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 10:38 a.m. Motion carried. The Director of Community Services & Water explained the necessity of re -drafting the General Plan Ordinance and the amendment to the Zoning Ordinance by the end of the year. The Mayor Pro -Tern asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one who wished to address the City Council on this matter. It was moved by Davis, seconded by Ybarra, 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 10:41 a.m. Motion carried. ORDINANCE NO. 1130 - 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 McCormick, seconded by Ybarra, that Ordinance No. 1130 be approved and adopted. Motion carried. Ayes: Gonzales, Ybarra, Davis, McCormick Noes: None Absent: Malburg Abstained: None The Acting City Administrator announced that now was the time to open the public hearing to consider a variance for Guru Denim, Inc., located at 2263 Vernon Avenue, to allow parking to be provided on a separate lot within 1,000 feet of the main building. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider a variance for Guru Denim, Inc., located at 2263 Vernon Avenue, to allow parking to be provided on a separate lot within 1,000 feet of the main building, the time being 10:44 a.m. Motion carried. The Director of Community Services & Water summarized the staff report regarding this matter and recommended that the variance be granted. The Mayor Pro -Tern asked if there was anyone in the audience who wished to address the City Council on this matter. Page 4 of 12 Regular City Council Meeting Minutes February 5, 2007 There was no one who wished 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 for Guru Denim, Inc., located at 2263 Vernon Avenue, to allow parking to be provided on a separate lot within 1,000 feet of the main building, the time being 10:45 a.m. Motion carried. RESOLUTION NO. 9223 - A Resolution of the City Council of the City of Vernon Granting a Variance to Guru Denim, Inc. from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, for the Property Located at 2263 Vernon Avenue in the City of Vernon, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9223 be approved and adopted. Motion carried. The Acting City Administrator announced that now was the time to open the public hearing to consider a variance for Kang Un Lee, located at 2101 37th Street, to utilize one non- conforming truck loading space. It was moved by McCormick, seconded by Davis, to open the public hearing to consider a variance for Kang Un Lee, located at 2101 37th Street, to utilize one non -conforming truck loading space, the time being 10:46 a.m. Motion carried. The Director of Community Services & Water summarized the staff report regarding this matter and recommended that the variance be granted, subject to the conditions specified. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one who wished to address the City Council on this matter. It was moved by McCormick, seconded by Davis, to close the public hearing to consider a variance for Kang Un Lee, located at 2101 37th Street, to utilize one non -conforming truck loading space, the time being 10:48 a.m. Motion carried. RESOLUTION NO. 9224 - A Resolution of the City Council of the City of Vernon Granting a Variance to Kang Un Lee from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for the Property Located at 2101 37th Street in the City of Vernon, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9224 be approved and adopted. Motion carried. The Acting City Administrator announced that now was the time to open the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2006-2007. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2006-2007, the time being 10:49 a.m. Motion carried. Page 5 of 12 Regular City Council Meeting Minutes February 5, 2007 The Acting City Administrator advised that this amendment reflects the increases for the Police and Fire Departments that were approved by the City Council on January 17, 2007. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one who wished to address the City Council on this matter. It was moved by McCormick, seconded by Davis, to close the public hearing to consider the adoption of an amendment to the budget for the City of Vernon for fiscal year 2006-2007, the time being 10:50 a.m. Motion carried. RESOLUTION NO. 9226 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9088, Which Approved a Budget for the Fiscal Year 2006-2007, to Reflect Changes, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9226 be approved and adopted. Motion carried. The Consent Calendar was presented. CONSENT CALENDAR Fire Department 1. Request for authorization for personnel to attend the following: • "Los Angeles Fire Chiefs Association Bear Paw Conference" Light & Power Department 2. Ratification of the issuance of a purchase order nos. 11866, 11867, and 11868 to Siemens Industrial Turbo -Machinery in the total amount of $461,439.51 for spare parts for the Malburg Generating Station. 3. Ratification of the execution of the following Work Authorization No(s). of the contract with Galliera Inc., dba Trico Construction ("Trico") at the stated amount(s): • PM-99-07-LP for demolition of the property at 5201 & 5239 District Boulevard 4. Request for authorization for personnel to attend the following: • "Electric Utility Service Equipment Requirements Committee Quarterly Meeting" • "Understanding Today's U.S. Electric Power Industry, ISOs & the Basics of Wholesale Power Transactions Seminar" • "The Fundamentals of Energy and Electric Power Futures, Options & Derivatives Seminar" • "Renewable Energy Finance & Investment Summit" Page 6 of 12 Regular City Council Meeting Minutes February 5, 2007 Personnel Department 5. Request for authorization for personnel to attend the following: • "2007 Personnel & Employee Relations Seminar" Police Department 6. Ratification of the attendance of the following: • "Carbine Operators Course" 7. Request for authorization for personnel to attend the following: • "Homeland Security Regional Conference" • "Supervisory Course" • "California Sexual Assault Investigator's Association" • "Drug Abuse Recognition Training Class" Risk Management Department 8. Request for authorization for personnel to attend the following: • "Public Agency Risk Management Association Annual Conference" Treasurer's Department 9. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of January 11 through January 31, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $4,360,000.00, which includes Requisition No. CE321. 10. Ratification of City of Vernon Requisitions from the Legal Counsel Disbursement Custody Escrow Account No. 800458 covering claims and demands presented during the period of January 11 through January 31, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $154,662.29, which includes Requisition Nos. LCD054 through LCD057 (inclusive). 11. Ratification of the attendance of the following: • "Notary Class & Exam" 12. Request for authorization for personnel to attend the following: • "CSMFO 2007 Annual Conference" End of Consent Calendar It was moved by Davis, seconded by Ybarra, that the matters on the Consent Calendar be approved as recommended. Motion carried. Page 7 of 12 Regular City Council Meeting Minutes February 5, 2007 Request for authority to renegotiate the current Gas System Maintenance Agreement with Petrelli Utilities, Inc., was presented. It was moved by McCormick, seconded by Davis, to authorize the renegotiation of the current Gas System Maintenance Agreement with Petrelli Utilities, Inc. Motion carried. RESOLUTION NO. 9225 - A Resolution of the City Council of the City of Vernon Approving the Renovation of the Third Floor of City Hall to House All of the Light & Power Department, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9225 be approved and adopted. Motion carried. RESOLUTION NO. 9227 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending Sections 12 and 23 and Pages 1, 8, 9, 16, 18, 20 and 21 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 Davis, that Resolution No. 9227 be approved and adopted. Motion carried. RESOLUTION NO. 9228 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8764 Respecting Vacation Policies for Employees of the City of Vernon and Repealing All Resolutions in Conflict Therewith, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9228 be approved and adopted. Motion carried. RESOLUTION NO. 9229 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Sixth Side -Letter Agreement By and Between the City of Vernon and the Vernon Police Officers' Benefit Association ("VPOBA") (Employee Group 2), was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9229 be approved and adopted. Motion carried. RESOLUTION NO. 9230 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Gardena Nissan, Inc. on Bid No. 1446 for the Purchase of One 2007 Nissan Maxima Vehicle for the Police Department and Approving and Authorizing the Execution of a Vehicle Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9230 be approved and adopted. Motion carried. RESOLUTION NO. 9231 - 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 Diverse Strategies for Organizing for Outreach Services, was read by title. Page 8 of 12 Regular City Council Meeting Minutes February 5, 2007 It was moved by McCormick, seconded by Ybarra, that Resolution No. 9231 be approved and adopted. Motion carried. RESOLUTION NO. 9232 - A Resolution of the City Council of the City of Vernon Approving and Adopting Purchasing Procedures in Connection with the Internal Management and Operation of the Purchasing Department, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9232 be approved and adopted. Motion carried. RESOLUTION NO. 9233 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9198 Regarding the Appointment of Steve Towles as Acting Police Chief, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9233 be approved and adopted. Motion carried. RESOLUTION NO. 9234 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the City's Participation in the FY 2006 Bulletproof Vest Grant Program by the Vernon Police Department, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9234 be approved and adopted. Motion carried. RESOLUTION NO. 9235 - A Resolution of the City Council of the City of Vernon Approving the Procurement of Commissioning and Operating Spare Parts for the Malburg Generating Station at a not to Exceed Amount of $11,341,850.00, was read by title. The Director of Light & Power advised that the availability of the aforementioned funds are necessary to secure parts for the turbines at the Malburg Generating Station at the most economical costs. It was moved by Ybarra, seconded McCormick, that Resolution No. 9235 be approved and adopted. Motion carried. RESOLUTION NO. 9236 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Vernon Power Plant Project Confidentiality Agreement By and Between the City of Vernon, Siemens Power Generation, Inc. and BP p.l.c., was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9236 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1210, covering claims and demands presented during the period of January 11 through January 31, 2007, drawn on Bank of America totaling $313,463.05, which includes Check Nos. 314514 through 314572 (inclusive), (Accounting period February 2007), was presented. It was moved by Ybarra, seconded by Davis, that the issuance of early checks for Warrant Register No. 1210, covering the payment of claims and demands totaling $313,463.05, be ratified. Motion carried. Page 9 of 12 Regular City Council Meeting Minutes February 5, 2007 Ratification of wire transfers for Warrant Register No. 1210, covering claims and demands presented during the period of January 11 through January 31, 2007, drawn on Bank of America totaling $992,161.06, which includes Wire Nos. W00199 through W00202, (Accounting period February 2007), was presented. It was moved by McCormick, seconded by Davis, that wire transfers for Warrant Register No. 1210, covering the payment of claims and demands totaling $992,161.06, be ratified. Motion carried. Warrant Register No. 1210, covering claims and demands presented during the period of January 11 through January 31, 2007, drawn on Bank of America totaling $690,765.69, which includes Check Nos. 314573 through 314763 (inclusive), excluding void Check Nos. listed below, (Accounting period February 2007), was presented. 314573 through 314578 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1210 be approved and payment authorized for claims and demands totaling $690,765.69. Motion carried. Councilman Davis excused himself from the meeting at 11:11 a.m. Ratification of the issuance of early checks for Light & Power Warrant Register No. 175, covering claims and demands presented during the period of January 11 through January 31, 2007, drawn on Bank of America totaling $175,263.03, which includes Check Nos. 503775 through 503786 (inclusive), (Accounting period February 2007), was presented. It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 175, covering claims and demands totaling $175,263.03, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 175, covering claims and demands presented during the period of January 11 through January 31, 2007, drawn on Bank of America totaling $2,888,174.20, which includes Wire Nos. W03386 through W03411 (inclusive), (Accounting period February 2007), was presented. It was moved by McCormick, seconded by Ybarra, that wire transfers for Light & Power Warrant Register No. 175, covering claims and demands totaling $2,888,174.20, be ratified. Motion carried. Light & Power Warrant and demands presented during the January 31, 2007, drawn on Bank which includes Check Nos. 503787 excluding void Check Nos. listed February 2007), was presented. 503787 through 503792 Register No. 175, covering claims period of January 11 through of America totaling $371,402.26, through 503854 (inclusive), below, (Accounting period Page 10 of 12 Regular City Council Meeting Minutes February 5, 2007 It was moved by Ybarra, seconded by McCormick, that Light & Power Warrant Register No. 175 be approved and payment authorized for claims and demands totaling $371,402.26. Motion carried. Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 11:13 a.m. The Acting City Administrator announced that now was the time for elected officials to report on conferences/seminars attended during the period of January 18 through February 5, 2007. Councilman Davis summarized the events of a conference he attended in Shanghai, China on January 21 through 24, 2007, during which he met with business owners who are interested in the City's Regional Center Immigrant Investor Pilot Program. Councilman Davis also summarized the events of the Independent Cities Association (ICA) Conference he and Councilman McCormick attended on February 2 through 4, 2007, in Santa Barbara, California, and stated that it was an informative and productive conference. Councilman McCormick, who is the Vice President of the ICA, advised that a major focus of the association this year is the issue of safety in schools. The Acting City Administrator announced that now was the time to go into closed session. It was moved by McCormick, seconded by Davis, that the City Council go into closed session, the time being 11:31 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Acting City Administrator, the Acting City Attorney, members of the City Attorney's office, and outside legal counsel. The Mayor Pro-Tem ordered all communications to and from closed session deemed privileged and confidential. It was moved by Davis, seconded by McCormick, that the City Council go out of closed session and resume regular session, the time being 11:58 a.m. Motion carried. It was reported out that the City Council had a conference in closed session with legal counsel regarding existing litigation case nos. LASC No. BC 331516, LASC No. BS 101423, and WCAB Nos. LAO 0808580/0808581 and SBR 0297115/0299230 pursuant to subdivision (a) of Government Code Section 54956.9. No action was taken on cases LASC No. BC 331516 and LASC No. BS 101423 and settlement authority was given to legal counsel regarding cases WCAB No. LAO 0808580/0808581 and SBR 0297115/0299230. Page 11 of 12 Regular City Council Meeting Minutes February 5, 2007 There being no further business to come before the City Council at this time, it was moved by Davis, seconded by McCormick, that the meeting be adjourned, the time being 11:58 a.m. Motion carried. ITTEST: el At�o Manuela Giro Acting City Clerk Hilario Gonzales Mayor Pro-Tem Page 12 of 12