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20070416 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 16, 2007, AT 10:00 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held April 2, 2007, be approved and adopted as submitted. Motion carried. The Acting City Administrator announced that now was the time to present the Perfect Attendance Awards. The Mayor Pro-Tem presented Perfect Attendance Awards for the month of March to the following employees who were in attendance. EMPLOYEE NAME JOB TITLE D.O.H. YEARS Raquel Franco Acting Payroll Clerk 11/26/01 2 Matthew Holtzendorff Firefighter 03/22/99 8 Michael Pinnere Firefighter 03/22/99 8 Dan Downing Chief Deputy Director 03/01/87 20 The below listed employees were unable to attend the meeting and their awards were forwarded to them. EMPLOYEE NAME JOB TITLE D.O.H. YEARS Erik Knutson Power Plant Performance Eng. 03/07/05 2 Vince Rodriguez Project Engineer 05/13/84 3 Gabriel Aldrete Utilityman IV 03/10/03 4 Adam Alvarez Utilityman III 07/01/87 5 Debra Davis Dispatcher 01/02/01 5 Lyndon Ong Yiu Environmental Specialist 04/23/01 5 Eugenio Cerda Police Officer 12/14/98 6 Allan Castro Firefighter 03/13/00 7 Shahram Sharifzadeh Systems Coordinator I 03/13/00 7 Robert Farrell Firefighter 03/22/99 8 Anthony Fish Firefighter 03/22/99 8 Chad McGovney Firefighter 03/22/99 8 Derek Meyer Firefighter 03/22/99 8 Andrew Smith Firefighter 03/22/99 8 Norman Sutherlin Firefighter 03/22/99 8 Paul Cerda Police Officer 03/29/98 9 Pete Torres Fire Engineer 10/24/88 10 Brandon Gray Sergeant 07/10/95 11 Jose Pereyra Field Crew 07/16/90 14 Patrick Keye Systems Coordinator I 08/05/84 16 Eliseo Genera Civilian Court Officer 04/28/86 17 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. Regular City Council Meeting Minutes April 16, 2007 The Mayor 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. 1132 - An Ordinance of the City Council of the City of Vernon Approving and Authorizing an Amendment to the Contract Between the City Council of the City of Vernon and the Board of Administration of the Public Employees' Retirement System, was read by title for a second and final reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1132 be approved and adopted. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None The Acting City Administrator announced that now was the time to open the public hearing to consider a conditional use permit for Gilbert Ayala dba Premier Billboard to construct and operate an outdoor advertising billboard at 3278 Slauson Avenue. It was moved by Ybarra, seconded by Gonzales, to open the public hearing to consider a conditional use permit for Gilbert Ayala dba Premier Billboard to construct and operate an outdoor advertising billboard at 3278 Slauson Avenue, the time being 10:05 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on this matter. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. Gilbert Ayala addressed the City Council and advised that the billboard is consistent with the regulations set forth in the City's Municipal Code. The Mayor asked if there was anyone else 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 McCormick, seconded by Davis, to close the public hearing to consider a conditional use permit for Gilbert Ayala dba Premier Billboard to construct and operate an outdoor advertising billboard at 3278 Slauson Avenue, the time being 10:14 a.m. Motion carried. RESOLUTION NO. 9292 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit for Gilbert Ayala dba: Premier Billboard to Construct and Operate an Outdoor Advertising Billboard Located at 3278 Slauson Avenue, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9292 be approved and adopted. Motion carried. Page 2 of 10 Regular City Council Meeting Minutes April 16, 2007 The Acting City Administrator announced that now was the time to open the public hearing to consider a variance from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance for Ofer Kashanian, located at 4950 49th Street, to utilize two non- conforming truck loading spaces. It was moved by McCormick, seconded by Davis, to open the public hearing to consider a variance from Section 26.4.2- 8(c) of the Comprehensive Zoning Ordinance for Ofer Kashanian, located at 4950 49th Street, to utilize two non -conforming truck loading spaces, the time being 10:15 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on 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 who wished to address the City Council on this matter. It was moved by Gonzales, seconded by Davis, to close the public hearing to consider a variance from Section 26.4.2- 8(c) of the Comprehensive Zoning Ordinance for Ofer Kashanian, located at 4950 49th Street, to utilize two non -conforming truck loading spaces, the time being 10:19 a.m. Motion carried. RESOLUTION NO. 9293 - A Resolution of the City Council of the City of Vernon Granting a Variance to Ofer Kashanian from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for the Property Located at 4950 49th Street in the City of Vernon, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9293 be approved and adopted. Motion carried. The Consent Calendar was presented. CONSENT CALENDAR City Clerk's Office 1. Request for authorization for personnel to attend the following: • "Records Retention, Retrieval, and Destruction Seminar" Community Services & Water Department 2. Request for authorization for personnel to attend the following: • "CALBO Model Code and State Amendments Training" • "Pesticide Application Seminar" Fire Department 3. Fire Department Activity Report for the period of March 15 through March 31, 2007, to be received and filed. Page 3 of 10 Regular City Council Meeting Minutes April 16, 2007 Health Department 4. Health Department Report for the month of March 2007, to be received and filed. Light & Power Department 5. Request for authorization for a contract consultant to attend the following: • "Air & Waste Management Association's Annual Conference" 6. Request for authorization for personnel to attend the following: • "SEL University SEL-387 Seminar (APP87)" (2) Police Department 7. Request for authorization for personnel to attend the following: • "Cross -Cultural Communication Course" • "Advanced Access Course" 8. Police Department Activity Log for the period of March 15 through March 31, 2007, to be received and filed. Risk Management Department 9. Request for authorization for personnel to attend the following: • "Compliance is Not Optional: What Every Employer Must Know About Statutory Leave of Absence Laws Seminar" • "Human Resources Conference" • "Records Retention, Retrieval, and Destruction Seminar" • "Essentials of Human Resources and the Law Seminar" 10. Risk Management Report for the month of March 2007, to be received and filed. Treasurer's Department 11. 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 March 29 through April 11, 2007, drawn on The Bank of New York Trust Company, N.A. totaling $192,599.03, which includes Requisition Nos. LCD079 through LCD082 (inclusive). 12. Ratification of the issuance of checks for Payroll Warrant Register No. 610 covering claims and demands presented during the period of February 4 through March 17, 2007, drawn on Bank of America totaling $3,588,771.06, which includes Check Nos. 9305 through 9328 (Accounting period March 2007). End of Consent Calendar Page 4 of 10 Regular City Council Meeting Minutes April 16, 2007 It was moved by Ybarra, seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request from the Acting City Administrator for authorization to transmit informational communications to the Vernon business community on an as needed basis, was presented. It was moved by Ybarra, seconded by Gonzales, to grant authorization to the Acting City Administrator to transmit informational communications to the Vernon business community on an as needed basis. Motion carried. Request from the Director of Light & Power to approve and execute Change Order No. One to the contract with Interstate Gas Services, Inc. in the not to exceed amount of $50,000.00, was presented. It was moved by Gonzales, seconded by Davis, to approve Change Order No. One to the contract with Interstate Gas Services, Inc. in the not to exceed amount of $50,000.00. Motion carried. Request from the Director of Light & Power to issue a purchase order to Wood Group Field Services, Inc. in the amount of $75,000.00 for the MGS planned outage of May 6 through 12, 2007, was presented. It was moved by McCormick, seconded by Ybarra, to approve the issuance of a purchase order to Wood Group Field Services, Inc. in the amount of $75,000.00 for the MGS planned outage of May 6 through 12, 2007. Motion carried. RESOLUTION NO. 9287 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Payment of the City's Portion of the Budget for Implementation of the Southeast Cities Schools Coalition, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9287 be approved and adopted. Motion carried. RESOLUTION NO. 9288 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Project Labor Agreement for the Vernon Power Plant Project By and Between the City of Vernon and the State Building and Construction Trades Council of California, the Los Angeles/Orange Counties Building and Construction Trades Council and Local Unions, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9288 be approved and adopted. Motion carried. RESOLUTION NO. 9289 - A Resolution of the City Council of the City of Vernon Approving, Ratifying and Authorizing the Execution of Confidentiality Agreements with Various Parties Relating to the Vernon Power Plant and the Coldwater Project, was read by title. The Mayor asked what the Coldwater Project is. Page 5 of 10 Regular City Council Meeting Minutes April 16, 2007 The Acting City Administrator advised that the Coldwater Project is the temporary sale of assets related to the Malburg Generating Station and the Vernon Power Plant Project. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9289 be approved and adopted. Motion carried. RESOLUTION NO. 9290 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Lease of Parking Lot By and Between the City of Vernon and Windowbox.Com, Inc. for a Portion of 2265 38th Street in the City of Vernon, was read by title. Mr. Ben Swett of Windowbox.Com addressed the City Council and thanked them for supporting small businesses. It was moved by Ybarra, seconded by Davis, that Resolution No. 9290 be approved and adopted. Motion carried. RESOLUTION NO. 9291 - A Resolution of the City Council of the City of Vernon Renaming a Portion of 26th Street to Pennington Way in the City of Vernon and Designating said Street as a Public Street, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9291 be approved and adopted. Motion carried. RESOLUTION NO. 9294 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9094 and Ratifying the Actions Taken Regarding Increases to Loss Limits, Physical Damage Values and Business Interruption Limits of Commercial Insurance Policies Through Arthur J. Gallagher & Co., was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9294 be approved and adopted. Motion carried. RESOLUTION NO. 9295 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending Page 17 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 Ybarra, seconded by Davis, that Resolution No. 9295 be approved and adopted. Motion carried. RESOLUTION NO. 9296 - A Resolution of the City Council of the City of Vernon Authorizing the Galliera, Inc., dba Trico Construction, Under the Direction and Management of the Director of Community Services & Water to Renovate, Reconstruct and Remodel all the City -Owned Housing, was read by title. The Acting City Administrator summarized the details related to Resolution No. 9296 and recommended that the following conditions be incorporated into section 2 of said resolution: 1. "...cost not to exceed $165,000.00 per unit." 2. "...under the direction and management of the Director of Community Services & Water, Acting City Administrator and City Attorney..." Page 6 of 10 Regular City Council Meeting Minutes April 16, 2007 It was moved by Ybarra, seconded by Davis, that Resolution No. 9296 be approved and adopted with the addition of the aforementioned conditions. Motion carried. RESOLUTION NO. 9297 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Lease Agreement By and Between the City of Vernon and Camino Real Chevrolet for a Suburban Flex Fuel Vehicle, was read by title. Councilman Davis asked what a flex fuel vehicle is. The Acting City Administrator explained that flex fuel vehicles utilize alternative types of fuel. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9297 be approved and adopted. Motion carried. RESOLUTION NO. 9298 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Lease Agreement By and Between the City of Vernon and Alvarez Lincoln Mercury for a Sedan Flex Fuel Vehicle, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9298 be approved and adopted. Motion carried. RESOLUTION NO. 9299 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Motorola, Inc., was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9299 be approved and adopted. Motion carried. RESOLUTION NO. 9300 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of of an Interconnection Facilities Study Agreement By and Between the City of Vernon and the California Independent System Operator Corporation Regarding the Vernon Power Plant Expansion, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9300 be approved and adopted. Motion carried. RESOLUTION NO. 9301 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Access Agreement By And Between The City Of Vernon and Windowbox.com, Inc. for Property Located at 2265 38th Street in the City of Vernon, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9301 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1215, covering claims and demands presented during the period of March 29 through April 11, 2007, drawn on Bank of America totaling $83,178.56, which includes Check Nos. 315560 through 315597, excluding void Check No. 315564 (Accounting period April 2007), was presented. Page 7 of 10 Regular City Council Meeting Minutes April 16, 2007 It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Warrant Register No. 1215, covering the payment of claims and demands totaling $83,178.56, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1215, covering claims and demands presented during the period of March 29 through April 11, 2007, drawn on Bank of America totaling $241,167.38, which includes Wire Nos. W00217 through W00219, (Accounting period April 2007), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1215, covering the payment of claims and demands totaling $241,167.38, be ratified. Motion carried. Warrant Register No. 1215, covering claims and demands presented during the period of March 29 through April 11, 2007, drawn on Bank of America totaling $718,291.25, which includes Check Nos. 315598 through 315728, excluding void Check Nos. listed below, (Accounting period April 2007), was presented. 315598 through 315603 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1215 be approved and payment authorized for claims and demands totaling $718,291.25. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 180, covering claims and demands presented during the period of March 29 through April 11, 2007, drawn on Bank of America totaling $66,229.73, which includes Check Nos. 504069 through 504078 (Accounting period April 2007), was presented. It was moved by Ybarra, seconded by Gonzales, that the issuance of early checks for Light & Power Warrant Register No. 180, covering claims and demands totaling $66,229.73, be ratified. Motion carried. Councilman Davis abstained and disqualified himself from voting on this matter. Ratification of wire transfers for Light & Power Warrant Register No. 180, covering claims and demands presented during the period of March 29 through April 11, 2007, drawn on Bank of America totaling $1,615,585.04, which includes Wire Nos. W03486 through W03497, (Accounting period April 2007), was presented. It was moved by McCormick, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 180, covering claims and demands totaling $1,615,585.04, be ratified. Motion carried. Councilman Davis abstained and disqualified himself from voting on this matter. Light & Power Warrant Register No. 180, covering claims and demands presented during the period of March 29 through April 11, 2007, drawn on Bank of America totaling $250,930.46, which includes Check Nos. 504079 through 504120, excluding void Check Nos. listed below, (Accounting period April 2007), was presented. 504079 through 504084 Page 8 of 10 Regular City Council Meeting Minutes April 16, 2007 It was moved by Ybarra, seconded by Gonzales, that Light & Power Warrant Register No. 180 be approved and payment authorized for claims and demands totaling $250,930.46. Motion carried. The Acting City Administrator announced that now was the time for elected officials to report on conferences/seminars attended during the period of April 3 through April 16, 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 thanked the City Council for adopting Ordinance No. 1132. The Acting Chief of Police thanked the City Council for approving Resolution No. 9291. The Director of Personnel provided an update on the successful conversion of the Perfect Attendance Program to the Sick Leave Program and the appreciation expressed by City employees with regard to the new program. The City Treasurer advised that all departments are currently working on their budgets and provided an update on the new finance system, which is scheduled to go live on May 15, 2007. The Director of Environmental Health had nothing to report at this time. The Director of Community Services & Water provided updates on the following: • Construction of Fire Station #2; • Notification letter mailed to the Vernon Elementary School regarding the City's emergency generator as part of the South Coast Air Quality Management District's permitting requirements; • Construction of the 26th Street bridge; • Water tower sandblast project; and • Design of a dedication plaque for Fire Station #2 The Director of Light & Power summarized the Malburg Generating Station reliability and capacity updates, explained the planned outage scheduled to occur in May 2007, and provided an update on the transmission distribution loss due to a power pole that was lost as a result of gusty winds. The Acting City Administrator 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 11:23 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Acting City Administrator, the City Attorney, and members of the City Attorney's office. Page 9 of 10 Regular City Council Meeting Minutes April 16, 2007 The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 11:44 a.m. Motion carried. It was reported out that the City Council had a , conference in closed session with legal counsel regarding the following existing litigation cases pursuant to subdivision (a) of Government Code Section 54956.9, and no action was taken with respect to said cases. a. LASC No. BC 331516 b. LASC No. BS 101423 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting be adjourned, the time being 11:44 a.m. Motion carried. L{q�/P eonis C. Mal urg Mayor Page 10 of 10