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20070305 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 5, 2007, AT 10:00 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 Gonzales. It was moved by Davis, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held February 20, 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: Jose Cervantes Utilityman II 25 Years Victor Vasquez Jr. Utilityman IV 5 Years 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 second and final reading. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 1129 be approved and adopted. Motion carried. Ayes:. Gonzales, Noes: None Absent: Malburg Abstained: None Ybarra, Davis, McCormick ORDINANCE NO. 1131 - An Ordinance of the City Council of the City of Vernon Amending Section 2.6-6(h), Article II of Chapter 2 of the Code of the City of Vernon, California, 1959, Pertaining to the Budget and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. Regular City Council Meeting Minutes March 5, 2007 It was moved by Davis, seconded by McCormick, that Ordinance No. 1131 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 conditional use permit for Santa Fe Equity, LLC to construct and operate a retail, commercial, and office facility at 4300 Santa Fe Avenue. It was moved by McCormick, seconded by Ybarra, to open the public hearing to consider a conditional use permit for Santa Fe Equity, LLC to construct and operate a retail, commercial, and office facility at 4300 Santa Fe Avenue, the time being 10:05 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on this matter, gave a brief power point presentation, advised that a traffic study is necessary, and recommended that the public hearing be continued to the next meeting. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. Barry Segal, representing Santa Fe Equity LLC, introduced himself and offered to answer any questions. The City Council had no questions at this time. The Mayor Pro-Tem asked if there was anyone else in the audience who wished to address the City Council on this matter. There was no one else who wished to address the City Council on this matter. It was moved by Davis, seconded by Ybarra, to continue the public hearing to consider a conditional use permit for Santa Fe Equity, LLC to construct and operate a retail, commercial, and office facility at 4300 Santa Fe Avenue to the next meeting, the time being 10:15 a.m. Motion carried. It was moved by McCormick, seconded by Davis that the following resolution be deferred to the next meeting. Motion carried. RESOLUTION NO. 9253 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit for Santa Fe Equity, LLC to operate a Office/Retail/Commercial/Restaurant Facility Located at 4300 Santa Fe Avenue The Acting City Administrator announced that now was the time to open the public hearing to consider an amendment to the existing conditional use permit for Berdan Holdings to construct and operate a retail, commercial, and office facility at 3660 Soto Street. Page 2 of 12 Regular City Council Meeting Minutes March 5, 2007 It was moved by Ybarra, seconded by Davis, to open the public hearing to consider an amendment to the existing conditional use permit for Berdan Holdings to construct and operate a retail, commercial, and office facility at 3660 Soto Street, the time being 10:15 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on this matter, gave a brief slide presentation, and recommended the conditional use permit amendment be approved subject to the modification of condition "h" of the conditions and mitigation measures approved in Resolution No. 8061 to read as follows: h. The project site shall be constructed and maintained substantially in compliance with the site plan submitted as part of the conditional use permit application. The maximum area to be used for restaurant activities including kitchen and dining areas shall be 10,411 square feet. Outdoor dining areas shall not be permitted. There shall be no limitation on the amount of building space utilized for any other retail, commercial or office purposes. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. Barry Segal asked for clarification of the unlimited square footage for office space. The Director of Community Services & Water advised that the modified condition "h" would be added to Resolution No. 9254 prior to execution. The Mayor Pro-Tem asked if there was anyone else in the audience who wished to address the City Council on this matter. There was no one else who wished to address the City Council on this matter. It was moved by Ybarra, seconded by Davis, to close the public hearing to consider an amendment to the existing conditional use permit for Berdan Holdings to construct and operate a retail, commercial, and office facility at 3660 Soto Street, the time being 10:24 a.m. Motion carried. RESOLUTION NO. 9254 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit Amendment for Berdan Holdings to Operate a Retail/Commercial Restaurant and Office Facility Located at 3660 Soto Street, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9254 be approved and adopted as amended. Motion carried. Page 3 of 12 Regular City Council Meeting Minutes March 5, 2007 The Consent Calendar was presented. CONSENT CALENDAR City Council 1. Request for authorization for City Officials to attend the following: • "2007 Power -Gen Conference & Exhibition" (2) City Clerk's Office 2. Request for authorization for personnel to attend the following: • "Speed Reading with Evelyn Wood Reading Dynamics Seminar" Community Services & Water Department 3. Request for authorization for personnel to attend the following: • "League of California Cities 2007 Planners Institute & Mini Expo" Fire Department 4. Fire Department Activity Report for the period of February 16 through February 28, 2007, to be received and filed. Light & Power Department 5. Request for authorization for a contract consultant to attend the following: • "2007 Power -Gen Conference & Exhibition" 6. Request for authorization for personnel to attend the following: • "Electrical Meter System Training Course" (2) 7. Resource Procurement Final Report for the month of October 2006, to be received and filed. Personnel Department 8. Request for authorization for personnel to attend the following: • "Speed Reading with Evelyn Wood Reading Dynamics Seminar" Page 4 of 12 Regular City Council Meeting Minutes March 5, 2007 Police Department 9. Request for authorization for personnel to attend the following: • "Intermediate Power Point Class" • "Effective Communication Class" • "Emergency Vehicle Operation Driver Training Course" (10) • "Communications Training Officer Course" 10. Police Department Activity Log for the period of February 16 through February 28, 2007, to be received and filed. Risk Management Department 11. Rink Management Report for the month of January 2007, to be received and filed. Treasurer's Department 12. 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 February 15 through February 28, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $153,249.69, which includes Requisition Nos. LCD064 through LCD069 (inclusive). Finance Committee 13. Request from the Director of Light & Power that the execution of the following Work Authorization No(s). of the contract with Galliera Inc., dba Trico Construction ("Trico") be ratified at the stated amount(s): • PM-42D-07-MGS in the amount of $27,601.93 for extended rental of Atlas Compressor for the Malburg Generating Station • PM-114-06-GAS in the amount of $26,350.50 for final leak assessment of underground natural gas pipelines 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. Request from the Director of Light & Power to approve and execute Change Order No. Eight to the contract with Commonwealth Associates, Inc. in the not to exceed amount of $40,000.00, was presented. Councilman Davis questioned whether the above requested change order could be postponed until the Vernon Power Plant Project (VPP) enters the construction phase. The Director of Light & Power explained that the scope of work provided for in the change order must be completed prior to the start-up of the VPP construction because it pertains to California Energy Commission (CEC) application matters and engineering design. Page 5 of 12 Regular City Council Meeting Minutes March 5, 2007 It was moved by Ybarra, seconded by McCormick, to approve Change Order No. Eight to the contract with Commonwealth Associates, Inc. in the not to exceed amount of $40,000.00. Motion carried. Recommendation from the Director of Light & Power to approve and execute the Certificate of Acceptance for a fully executed Easement Deed from 3450 Vernon, LLC for electrical utility and incidental purposes for the property located along Vernon Avenue within Parcel 2 of Parcel Map No. 15469, was presented. It was moved by Davis, seconded by McCormick, to approve the fully executed Easement Deed from 3450 Vernon, LLC for electrical utility and incidental purposes for the property located along Vernon Avenue within Parcel 2 of Parcel Map No. 15469 and authorize the execution of the Certificate of Acceptance. Motion carried. Request from the Acting City Attorney that the termination of the Consulting Services Agreement with Concept Engineering Group, LLC dated April 1, 2004, be ratified, was presented. It was moved by Ybarra, seconded by Davis, to ratify the termination of the Consulting Services Agreement with Concept Engineering Group, LLC dated April 1, 2004. Motion carried. RESOLUTION NO. 9252 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending Page 13 of Schedule II (Exhibit B) of Said Resolution Regarding the Compensation, Costs and Benefits of its Employees, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9252 be approved and adopted. Motion carried. RESOLUTION NO. 9255 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Confidentiality Agreement By and Between the City of Vernon and BP Alternative Energy North America Inc., was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9255 be approved and adopted. Motion carried. RESOLUTION NO. 9256 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of Request for Proposal for Citywide Street Sweeping Services for the Department of Community Services & Water, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9256 be approved and adopted. Motion carried. RESOLUTION NO. 9257 - A Resolution of the City Council of the City of Vernon Adopting an Annual Statement of Investment Policy for 2007 and Delegating Investment Authority to the City Treasurer, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9257 be approved and adopted. Motion carried. Page 6 of 12 Regular City Council Meeting Minutes March 5, 2007 RESOLUTION NO. 9258 - A Resolution of the City Council of the City of Vernon Supporting State Legislation to Amend the State Water Code to Require that Groundwater Replenishment Assessments are Based on Actual Cost of Service to Replenish a Groundwater Basin, was read by title. The Mayor Pro-Tem asked the Director of Community Services & Water to summarize the details of this matter. The Director of Community Services & Water provided a brief summary of this matter and advised of the potential cost savings to the City by supporting said state legislation. It was moved by McCormick, seconded by Davis, that Resolution No. 9258 be approved and adopted. Motion carried. RESOLUTION NO. 9259 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Employment Agreement By and Between the City of Vernon and Jeff A. Harrison, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9259 be approved and adopted. Motion carried. RESOLUTION NO. 9260 - A Resolution of the City Council of the City of Vernon Appointing Jeff A. Harrison to Serve as the City Attorney of the City of Vernon, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9260 be approved and adopted. Motion carried. RESOLUTION NO. 9261 - A Resolution of the City Council of the City of Vernon Rescinding Amended General Counsel Agreement Dated August 3, 2005 and Rescinding Part of Amended General Counsel Agreement Dated December 13, 2006 with Karns & Karabian, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9261 be approved and adopted. Motion carried. RESOLUTION NO. 9262 - 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 Bond Logistix LLC for Financial Advisory Services, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9262 be approved and adopted. Motion carried. RESOLUTION NO. 9263 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Employment Agreement By and Between the City of Vernon and Bruce V. Malkenhorst, Jr. for Legal Services, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9263 be approved and adopted. Motion carried. RESOLUTION NO. 9264 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Notice of Consent to use of Land Until Revoked Regarding Property Located at 4855 E. 52nd Place in the City of Vernon, was read by title. Page 7 of 12 Regular City Council Meeting Minutes March 5, 2007 The Director of Community Services & Water advised that public access to the private street would be limited. The Mayor Pro-Tem asked if the City of Maywood had any concerns regarding this matter. The Director of Community Services & Water advised that there had been no concerns as the City of Vernon owns said street. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9264 be approved and adopted. Motion carried. RESOLUTION NO. 9265 - A Resolution of the City Council of the City of Vernon Adopting a Form Access Agreement with Customers for the Installation, Maintenance and Repair of Gas Lines, Meters and Related Equipment, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9265 be approved and adopted. Motion carried. RESOLUTION NO. 9266 - A Resolution of the City Council of the City of Vernon Adopting a Jury Duty Policy and Repealing Resolution No. 4021, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9266 be approved and adopted. Motion carried. RESOLUTION NO. 9267 - A Resolution of the City Council of the City of Vernon Adopting a Sick Leave Policy, Terminating the Perfect Attendance Incentive Program and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9267 be approved and adopted. Motion carried. RESOLUTION NO. 9268 - A Resolution of the City Council of the City of Vernon Terminating the Gas System Maintenance Agreement with Petrelli Utilities, Inc. and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. Councilman Davis asked if there was a replacement in place to perform gas connections. The Director of Light & Power advised that City personnel had been trained to perform gas connections. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9268 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1212, covering claims and demands presented during the period of February 15 through February 28, 2007, drawn on Bank of America totaling $49,039.51, which includes Check Nos. 314973 through 315010, excluding void Check Nos. 314988 and 314992 (Accounting period March 2007), was presented. Page 8 of 12 Regular City Council Meeting Minutes March 5, 2007 It was moved by Ybarra, seconded by Davis, that the issuance of early checks for Warrant Register No. 1212, covering the payment of claims and demands totaling $49,039.51, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1212, covering claims and demands presented during the period of February 15 through February 28, 2007, drawn on Bank of America totaling $1,001,991.45, which includes Wire Nos. W00205 through W00208, (Accounting period March 2007), was presented. It was moved by McCormick, seconded by Ybarra, that wire transfers for Warrant Register No. 1212, covering the payment of claims and demands totaling $1,001,991.45, be ratified. Motion carried. Warrant Register No. 1212, covering claims and demands presented during the period of February 15 through February 28, 2007, drawn on Bank of America totaling $281,468.87, which includes Check Nos. 315011 through 315132, excluding void Check Nos. listed below, (Accounting period March 2007), was presented. 315011 through 315028 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1212 be approved and payment authorized for claims and demands totaling $281,468.87. Motion carried. Councilman Davis excused himself from the meeting at 10:50 a.m. Ratification of the issuance of early checks for Light & Power Warrant Register No. 177, covering claims and demands presented during the period of February 15 through February 28, 2007, drawn on Bank of America totaling $248,910.26, which includes Check Nos. 503922 through 503915 (Accounting period March 2007), was presented. It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 177, covering claims and demands totaling $248,910.26, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 177, covering claims and demands presented during the period of February 15 through February 28, 2007, drawn on Bank of America totaling $3,452,787.43, which includes Wire Nos. W03428 through W03446, (Accounting period March 2007), was presented. It was moved by McCormick, seconded by Ybarra, that wire transfers for Light & Power Warrant Register No. 177, covering claims and demands totaling $3,452,787.43, be ratified. Motion carried. Page 9 of 12 Regular City Council Meeting Minutes March 5, 2007 Light & Power Warrant Register No. 177, covering claims and demands presented during the period of February 15 through February 28, 2007, drawn on Bank of America totaling $191,432.78, which includes Check Nos. 503923 through 503956, excluding void Check Nos. listed below, (Accounting period March 2007), was presented. 503923 through 503928 It was moved by Ybarra, seconded by McCormick, that Light & Power Warrant Register No. 177 be approved and payment authorized for claims and demands totaling $191,432.78. Motion carried. Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 10:51 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 February 21 through March 5, 2007. Elected officials had nothing to report at this time. The Acting City Administrator announced that now was the time for reports from departments. The Fire Chief, the Acting Chief of Police, the Director of Personnel, the City Treasurer, the Director of Environmental Health, the Director of Community Services & Water, and the Director of Light & Power individually thanked the City Council on behalf of their personnel for approving the Jury Duty and Sick Leave policies. The Director of Environmental Health stated that the adoption of the Jury Duty and Sick Leave policies would help facilitate recruiting in the future. He also congratulated the new City Attorney on his appointment and updated the City Council on the department's sweep process to uncover wholesale vehicles operating without health permits. The Director of Community Services & Water also congratulated the new City Attorney and updated the City Council on Fire Station No. 2 and the water tower sandblast project. The Director of Light & Power congratulated the new City Attorney and updated the City Council on the recent pole replacement performed by Southern California Edison (SCE) under the terms of a Joint Powers Agreement with SCE. He also provided an update on two recent power shortages and informed the City Council of a generator issue at the Malburg Generating Station in which Siemens had to be contacted to resolve the issue. 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 11:06 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Acting City Administrator, the City Attorney, members of the City Attorney's office, and outside legal counsel. Page 10 of 12 Regular City Council Meeting Minutes March 5, 2007 The Mayor Pro -Tern 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 11:34 a.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding an Employee Discipline/Dismissal/Release matter pursuant to Government Code Section 54957, and direction was given to the City Attorney on said matter. It was reported out that the City Council had a conference in closed session regarding Public Employment matters pursuant to Government Code Section 54957, and the following requests were approved: I.Hiring of Jorrie Estrada as Systems Coordinator I, step 5, effective March 12, 2007. 2. Hiring of Todd Dusenberry as Systems Coordinator I, step 5, effective March 12, 2007. 3. Hiring of Jeff Fraga as Field Crew, step 8, effective March 26, 2007. It was reported out that the City Council had a conference in closed session regarding Employee Appointment matters pursuant to Government Code Section 54957, and the following requests were approved: I.Reclassification of Adriano Marki from Generation Coordinator, step 4, to Power Plant Instrument and Electrical and Distributive Control System Engineer, effective March 18, 2007. 2. Reclassification of Erik Knutson, from Generation Coordinator, step 6, to Power Plant Performance Engineer, step 7, effective March 18, 2007. 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 and LASC No. BS 101423, and no action was taken on said cases. 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 11:34 a.m. Motion carried. AKTEST : & 1 Manuela Giron t 3 Acting City Clerk v Hilario Gonzales Mayor Pro-Tem. Page 11 of 12