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20071217 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 17, 2007, AT 10:09 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. The City Administrator advised that there were no changes to the agenda. It was moved by Gonzales, seconded by Davis, that the Minutes of the Regular City Council Meeting held December 3, 2007, be approved and adopted as submitted. Motion carried. The 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 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. 1139 - An Ordinance of the City Council of the City of Vernon Adopting the Comprehensive Zoning Ordinance of the City of Vernon; Establishing Zoning Districts in the City and Regulating and Restricting the Use, Size, and the Location of Buildings and Improvements on Land; the Use of Land and Open Space; Adopting a Map Showing said Zoning Districts, Defining the Terms Used in the Ordinance; Providing for its Adjustment, Amendment and Enforcement; and Repealing all Ordinances or Parts of Ordinances in Conflict Herewith, was read for a second and final reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1139 be approved and adopted. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None The City Administrator announced that now was the time to open the public hearing to consider the approval of Tentative Parcel Map No. 68243 for Dynamic Builders, Inc. to subdivide 10.6 acres located at 3200 Washington Boulevard into three parcels. It was moved by Davis, seconded by Ybarra, to open the public hearing to consider the approval of Tentative Parcel Map No. 68243 for Dynamic Builders, Inc. to subdivide 10.6 acres located at 3200 Washington Boulevard into three parcels, the time being 10:10 a.m. Motion carried. Regular City Council Meeting Minutes December 17, 2007 The Director of Community Services & Water summarized the staff report regarding Tentative Parcel Map No. 68243 for Dynamic Builders and gave a slide presentation. Councilman Davis asked if the Department of Water & Power transmission lines are in the respective parcels. The Director of Community Services & Water advised that the Department of Water & Power transmission lines are not within the respective parcels. 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 McCormick, seconded by Davis, to close the public hearing to consider the approval of Tentative Parcel Map No. 68243 for Dynamic Builders, Inc. to subdivide 10.6 acres located at 3200 Washington Boulevard into three parcels, the time being 10:16 a.m. Motion carried. Request from the Director of Community Services & Water for the following with regard to Tentative Parcel Map No. 68243 for Dynamic Builders, Inc. to subdivide 10.6 acres located at 3200 Washington Boulevard into three parcels, was presented. 1. Determine that the project is consistent with the General Plan as adopted by the City of Vernon. 2. Determine that the project is categorically exempt from the CEQA under Section 15315 of the CEQA Guidelines. 3. Approve Tentative Parcel Map No. 68243 with the eight conditions listed in his letter dated December 5, 2007. It was moved by Gonzales, seconded by Ybarra, to approve Tentative Parcel Map No. 68243 with the eight conditions listed in the Director of Community Services & Water's letter dated December 5, 2007, and to determine that the project is both consistent with the General Plan as adopted by the City of Vernon and categorically exempt from CEQA under Section 15315 of the CEQA Guidelines. Motion carried. The City Administrator announced that now was the time to open the public hearing to [consider] evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff. It was moved by Ybarra, seconded by Gonzales, to open the public hearing to consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment (TRBAA) for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff, the time being 10:19 a.m. Motion carried. Page 2 of 10 Regular City Council Meeting Minutes December 17, 2007 The Director of Light & Power read excerpts from the staff report on this matter and recommended that the TRBAA and Appendix 1 to the tariff implementing the TRBAA be approved. 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 McCormick, seconded by Davis, to close the public hearing to consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff, the time being 10:26 a.m. Motion carried. RESOLUTION NO. 9503 - A Resolution Of The City Council Of The City Of Vernon Establishing The Transmission Revenue Balancing Account Adjustment In Accordance With Vernon's Transmission Owner Tariff And Providing For Tariff Sheet Changes To Implement The Adjustment, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9503 be approved and adopted. Motion carried. The Consent Calendar was presented. CONSENT CALENDAR City Treasurer's Department 1. Ratification of changes to Warrant Register No. 1228 to record voided Check No. 318163 in the amount of $1,112.70 issued to Raytech on November•5, 2007. 2. Ratification of the issuance of checks for Payroll Warrant Register No. 618 covering claims and demands presented during the period of October 14 through November 10, 2007, drawn on Bank of America totaling $2,684,727.17, which includes Check Nos. 9487 through 9508 (Accounting period October 2007). 3. 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 November 29 through December 12, 2007, drawn on The Bank of New York Mellon Corporation totaling $2,944,611.50, which includes Requisition Nos. LCD221 through LCD238. Fire Department 4. Fire Department Activity Report for the period of November 29 through December 12, 2007, to be received and filed. Health Department 5. Adult Type I, II, III and IV Facilities Local Detention Facility Health Inspection Report for the City of Vernon Jail in compliance with Section 459 of the Health and Safety Code, to be received and filed. Page 3 of 10 Regular City Council Meeting Minutes December 17, 2007 6. Health Department Report for the month of November 2007, to be received and filed. Police Department 7. Request for authorization and funds for personnel to attend the following: • "Arrest & Control Tactical Communications Course" (2) • "International Association of Undercover Officers Advanced Undercover Techniques and Survival Training Program" • "K-9 Narcotics Detection Course" (2) • "FTO Training Course" (2) 8. Police Department Activity Log for the period of November 29 through December 12, 2007, to be received and filed. End of Consent Calendar It was moved by Ybarra, seconded by Gonzales, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request from the Director of Light & Power for approval of and authorization to execute Change Order No. Nine to the contract with Commonwealth Associates, Inc. at a cost not to exceed $95,000.00 for additional tasks associated with the final California Energy Commission certification for the Vernon Power Plant, was presented. It was moved by McCormick, seconded by Gonzales, to approve Change Order No. Nine to the contract with Commonwealth Associates, Inc. at a cost not to exceed $95,000.00 for additional tasks associated with the final California Energy Commission certification for the Vernon Power Plant, and to authorize the Director of Light & Power to execute said change order. Motion carried. RESOLUTION NO. 9495 - A Resolution of the City Council of the City of Vernon Terminating the Employment Agreement with Bruce V. Malkenhorst, Jr. and Repealing All Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9495 be approved and adopted. Motion carried. RESOLUTION NO. 9496 - A Resolution Of The City Council Of The City Of Vernon Approving And Ratifying The Execution Of A First Amendment To An Agreement For Purchase And Sale Of Real Property By And Between The City Of Vernon And Smurfit -Stone Container Enterprises, Inc. For Property Located At 2200 E. 55" Street And 2001 E. 57th Street In The City Of Vernon, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9496 be approved and adopted. Motion carried. Page 4 of 10 Regular City Council Meeting Minutes December 17, 2007 RESOLUTION NO. 9497 - A Resolution Of The City Council Of The City Of Vernon Approving And Ratifying The Actions Taken Regarding The Purchase Of Health, Dental And Life Benefits And Authorizing The City To Do All Actions Deemed Necessary Or Advisable Concerning The Health, Dental And Life Benefits, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9497 be approved and adopted. Motion carried. RESOLUTION NO. 9498 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Amendment No. Six To Maintenance Agreement By And Between The City Of Vernon And VCI Telcom, Inc., was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9498 be approved and adopted. Motion carried. RESOLUTION NO. 9499 - 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 Troy & Gould PC For Legal Services, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9499 be approved and adopted. Motion carried. RESOLUTION NO. 9500 - A Resolution Of The City Council Of The City Of Vernon Approving And Adopting A Energy And Credit Risk Management Policy For The City Of Vernon, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9500 be approved and adopted. Motion carried. RESOLUTION NO. 9501 - 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 The Mercer Group, Inc. For A Compensation Study, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9501 be approved and adopted. Motion carried. RESOLUTION NO. 9502 - 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 EMA, Inc. For Maximo Maintenance Software For The Malburg Generating Station, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9502 be approved and adopted. Motion carried. RESOLUTION NO. 9504 - A Resolution Of The City Council Of The City Of Vernon Amending Resolution No. 9450 To Approve And Authorize Notice Inviting Sealed Proposals Or Bids For The Purchase Of One 2008 Chevrolet Silverado HD 2500 Truck For The Light And Power Department, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9504 be approved and adopted. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes December 17, 2007 RESOLUTION NO. 9505 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Issuance Of A Request For Proposal For A 2008 Ford Super Duty F-350 Utility Truck For The Department Of Community Services & Water, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9505 be approved and adopted. Motion carried. RESOLUTION NO. 9506 - A Resolution of the City Council of the City of Vernon Authorizing the Director of Light & Power to Terminate the Firm Transmission Service Agreement Between the City of Vernon and Southern California Edison Company, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9506 be approved and adopted. Motion carried. RESOLUTION NO. 9507 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement For Professional Services By And Between The City Of Vernon And Spurgin & Associates And Ensery West, LLC, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9507 be approved and adopted. Motion carried. RESOLUTION NO. 9508 - Of The City Of Vernon Repealing And 8981, was read by title. A Resolution Of The City Council Resolution Nos. 7885, 7967, 8699 It was moved by Gonzales, seconded by Davis, that Resolution No. 9508 be approved and adopted. Motion carried. RESOLUTION NO. 9509 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Access Agreement By And Between The City Of Vernon And Smurfit -Stone Container Enterprises, Inc. For Property Located At 2200 E. 55th Street And 2001 E. 57th Street In The City Of Vernon, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9509 be approved and adopted. Motion carried. RESOLUTION NO. 9510 - A Resolution Of The City Council Of The City Of Vernon Amending Resolution No. 9431 And Approving And Ratifying The Execution Of An Amended And Restated Purchase And Sale Agreement And Related Documents By And Between The City Of Vernon And Bicent (California) Power, LLC, Formerly Known As Beowulf (Vernon) Power LLC, Regarding The Malburg Generating Station And Other Power Generation Assets, was read by title. The City Administrator provided additional detail regarding the transaction with Bicent (California) Power, LLC. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9510 be approved and adopted. Motion carried. RESOLUTION NO. 9511 - Of The City Of Vernon Approving Purchase And Sale Agreement And The City Of Vernon And Starwood Regarding Transmission Assets, A Resolution Of The City Council And Ratifying The Execution Of A Related Documents By And Between Energy Infrastructure Fund, LP as read by title. Page 6 of 10 Regular City Council Meeting Minutes December 17, 2007 It was moved by McCormick, seconded by Gonzales, that Resolution No. 9511 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1231, covering claims and demands presented during the period of November 29 through December 12, 2007, drawn on Bank of America totaling $367,916.11, which includes Check Nos. 318532 through 318585, excluding void Check No. 318562 (Accounting period December 2007), was presented. It was moved by Ybarra, seconded by Davis, that the issuance of early checks for Warrant Register No. 1231, covering claims and demands totaling $367,916.11, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1231, covering claims and demands presented during the period of November 29 through December 12, 2007, drawn on Bank of America totaling $192,635.19, which includes Wire No. 264 (Accounting period December 2007), was presented. It was moved by Davis, seconded Gonzales, that wire transfers for Warrant Register No. 1231, covering claims and demands totaling $192,635.19, be ratified. Motion carried. Warrant Register No. 1231, covering claims and demands presented during the period of November 29 through December 12, 2007, drawn on Bank of America totaling $336,156.17, which includes Check Nos. 318586 through 318699 (Accounting period December 2007), was presented. It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1231 be approved and payment authorized for claims and demands totaling $336,156.17. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of the issuance of early checks for Light & Power Warrant Register No. 196, covering claims and demands presented during the period of November 29 through December 12, 2007, drawn on Bank of America totaling $8,341.77, which includes Check Nos. 504953 through 504960 (Accounting period December 2007), was presented. It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 196, covering claims and demands totaling $8,341.77, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Light & Power Warrant Register No. 196, covering claims and demands presented during the period of November 29 through December 12, 2007, drawn on Bank of America totaling $1,756,637.33, which includes Wire Nos. 3778 through 3787 (Accounting period December 2007), was presented. It was moved by Gonzales, seconded by Ybarra, that wire transfers for Light & Power Warrant Register No. 196, covering claims and demands totaling $1,756,637.33, be ratified. Motion carried. Page 7 of 10 Regular City Council Meeting Minutes December 17, 2007 Light & Power Warrant Register No. 196, covering claims and demands presented during the period of November 29 through December 12, 2007, drawn on Bank of America totaling $371,246.16, which includes Check Nos. 504961 through 505006, (Accounting period December 2007), was presented. It was moved by Davis, seconded by McCormick, that Light & Power Warrant Register No. 196 be approved and payment authorized for claims and demands totaling $371,246.16. Motion carried. The City Administrator announced that now was the time for elected officials to report on conferences/seminars during the period of December 3 through December 16, 2007. Elected officials had nothing to report for the period of December 3 through December 16, 2007. The City Administrator announced that now was the time for reports from departments. The Fire Chief, Chief of Police, City Treasurer, Director of Environmental Health, Director of Community Services & Water, Director of Light & Power, and City Clerk, all individually thanked the City Council for the holiday luncheon on December 13, 2007. The Fire Chief reported on the following matters: I.Luncheon held December 5, 2007, in honor of Huntington Park Chief of Police, Michael Trevis. 2. The "Spark of Love Toy Drive" in which seventeen Vernon businesses requested to participate. 3. The successful use of the reverse 911 system to communicate to businesses, which was used to inform them of the "Spark of Love Toy Drive." 4. The department's involvement in taking Santa to the Vernon Elementary School on Friday, December 14, 2007, where 300 gifts were handed out. The Chief of Police talked about his experience at the "Families Fighting Cancer Gala Dinner" hosted by the Huntington Park Chamber of Commerce on December 11, 2007. The Director of Environmental Health provided an update on the health permit renewal notices recently sent out for the 2008 calendar year. The Director of Community Services & Water provided updates on the following projects: 1. 26th Street Bridge Project a. In response to the City Council's request at the previous meeting, the Director presented a diagram showing the proposed wording for the memorial of the bridge and asked the City Council to provide feedback at the next meeting. 2. Phase II of the City Housing Renovation Project 3.26th Street Improvement Project a. The Director advised that the project would begin the first week in January 2008 and is anticipated to take four to six months. Page 8 of 10 Regular City Council Meeting Minutes December 17, 2007 4. Thermador Site Demolition Project The Director of Light & Power reported on a recent power outage that lasted approximately 20 minutes as a result of a power pole being struck by a truck. Councilman Davis asked if the truck had insurance. The Director of Light & Power advised that he would look into the matter. The Director of Light & Power advised that the Malburg Generating Station (MGS) was back in operation as of December 14, 2007, and commended City of Vernon and Siemens employees on their efforts in bringing MGS back into full operation in a timely manner. He also expressed his wife's appreciation for allowing her to attend the City's holiday luncheon on December 13, 2007, and wished the City Council a Merry Christmas and a prosperous New Year. The City Clerk reported on the following matters: 1. "New Law Election Seminar" held December 5-7, 2007 in Monterey 2. SB 343, which will go into effect July 1, 2008, but which the City will implement effective January 1, 2008 3. Recognition by the California City Clerks Association of all the recipients of the 2007 Certified Municipal Clerk (CMC) designation 4. New laws and procedures for notaries effective January 1, 2008 The City Clerk also wished the City Council a Merry Christmas and a Happy New Year. The 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 11:37 a.m. Motion carried. Everyone was excluded from closed session with the exception of the City Administrator, City Attorney, and members of the City Attorney's office. The Mayor ordered all communications to and from closed session deemed privileged and confidential. It was moved by McCormick, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 11:49 a.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding one Public Employment matter pursuant to Government Code Section 54957 and the appointment of Bruce V. Malkenhorst, Jr. to the position of Assistant City Attorney II, effective January 17, 2008, was approved. Page 9 of 10 Regular City Council Meeting Minutes December 17, 2007 It was reported out that the City Council had a conference in closed session with legal counsel regarding existing litigation case LASC No. BC331516 pursuant to subdivision (a) of Government Code Section 54956.9, and no action was taken with regard to said case. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 11:49 a.m. Motion carried. ATTEST: Manuela Giron Jp City Clerk Nam •- Leonis C. Malburg Title: Mayor Page 10 of 10