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20061220 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 20, 2006, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro -Tern Ybarra. The Acting City Administrator advised that corrections to the titles of Resolution Nos. 9196 and 9200 were brought to the attention of the Acting City Clerk after the agenda was posted and asked that a vote be taken to find that the following corrections are necessary and to make said corrections to the agenda. • Resolution No. 9196 - the word "Granting" should be replaced with the word "Denying" • Resolution No. 9200 - after the phrase "Property Located at 5119" the words "and 5201" should be added It was moved by Gonzales, seconded by Davis, that the changes to Resolution Nos. 9196 and 9200 be accepted. Motion carried. Ayes: Ybarra, Gonzales, Davis, McCormick Noes: None Absent: Malburg Abstained: None 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 November to the following employees who were in attendance. NAME JOB TITLE D.O.H. YEARS Scott Rigg Water Operations Supervisor 11/22/99 4 Jose Uriarte Utilityman III 11/04/02 4 Carol Childers Computer Aided Drafting Tech. 08/13/79 5 Pin Chan `'.- Project Engineer 11/19/01 5 Lorenzo Gaytan Police Officer 01/12/98 5 Todd Painton Fire Captain 11/02/92 14 James Rodino Police Lieutenant 11/16/83 16 Martha Valenzuela Personnel Director 07/25/79 17 Regular City Council Meeting Minutes December 20, 2006 The below listed employees were unable to attend the meeting and their awards were forwarded to them. NAME Ana Quinones Victor Vasquez, Jr. Frank Saldana Bruce Malkenhorst, John Cusolito Wenceslao Reynoso Jeff Smith Daniel Kimes William Niesley Andrew Kroner Claudia Arellano Elias Zepeda Edward Rodriguez Martin Sanchez JOB TITLE D.O.H. YEARS Police Officer 11/16/98 4 Utilityman IV 02/24/02 4 Utilityman II 11/08/89 7 Jr. Acting City Clerk/Asst City Atty 11/24/97 9 Fire Captain 08/17/87 11 Plan Checker 07/01/85 11 Fire Engineer 01/07/91 12 Fire Captain 09/18/89 13 Fire Captain 08/17/87 13 Fire Engineer 11/02/92 14 Department Secretary 11/04/91 15 Utilityman II 11/06/89 17 Utilityman II 08/01/83 18 Utilityman III 06/23/85 19 The Mayor Pro -Tern called a short recess at 5:06 p.m. The City Council reconvened in regular session at 5:08 P.M., all members present before the recess again being present. The Acting City Administrator advised that the following proclamation was presented to Mr. James F. Stahl on December 14, 2006. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring James F. Stahl, Chief Engineering and General Manager of the County Sanitation Districts of Los Angeles County, in Recognition of His Service and Support of the Vernon Community Fire Department Activity Report for the period of December 1st through December 15th, 2006, was presented. It was moved by Davis, seconded by McCormick, that the Fire Department Activity Report for the period of December 1st through December 15th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period of December 1st through December 15th, 2006, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period of December 1st through December 15th, 2006, be received and filed. Motion carried. Health Department Report for the month of November 2006, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of November 2006, be received and filed. Motion carried. Risk Management Report for the month of November 2006, was presented. Page 2 of 11 Regular City Council Meeting Minutes December 20, 2006 It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of November 2006, be received and filed. Motion carried. Light & Power Department's Resource Procurement Final Report for the month August 2006, was presented. It was moved by McCormick, seconded by Gonzales, that the Light & Power Department's Resource Procurement Final Report for the month August 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 item on the agenda 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 wishing to address the City Council at this time. The Acting City Administrator announced that now was the time to open the public hearing to consider the adoption of Ordinance No. 1124. It was moved by Davis, seconded by McCormick, to open the public hearing to consider the adoption of Ordinance No. 1124, the time being 5:10 p.m. Motion carried. The Director of Community Services & Water summarized the details regarding this matter. The Mayor Pro-Tem asked if there was anyone who wished to address the City Council on this matter. There was no one wishing to address the City Council on this matter. It was moved by Gonzales, seconded by McCormick, to close the public hearing to consider the adoption of Ordinance No. 1124, the time being 5:14 p.m. Motion carried. ORDINANCE NO. 1124 - An Ordinance of the City Council of the City of Vernon Amending Article II of Chapter 7 of the Code of the City of Vernon and Repealing all Ordinances and Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Davis, seconded by McCormick, that Ordinance No. 1124 be approved and adopted. Motion carried. Ayes: Ybarra, Gonzales, Davis, McCormick Noes: None Absent: Malburg Abstained: None Page 3 of 11 Regular City Council Meeting Minutes December 20, 2006 ORDINANCE NO. 1126 - An Ordinance of the City Council of the City of Vernon Amending Various Sections of the Code of the City of Vernon, California, 1959, Pertaining to the City Administrator; Adding Article X, Sections 2.69 and 2.69-1, to Chapter 2 of said Code; 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 Gonzales, seconded by McCormick, that Ordinance No. 1126 be approved and adopted. Motion carried. Ayes: Ybarra, Gonzales, Davis, McCormick Noes: None Absent: Malburg Abstained: None The Acting City Administrator advised that, in accordance with Government Code Section 7507, future annual costs of proposed CalPERS contract amendments need to be made public at a public meeting at least two weeks prior to the adoption of the ordinance approving said amendment. He stated that future Employer Contribution required pursuant to the proposed contract amendment will be an additional $5.10 per covered active member per month to the City's normal cost. He distributed copies of the Actuarial Valuation Report, dated November 21, 2006, prepared for the City of Vernon by CalPERS and copies of the proposed amendment to the City Council and advised that a copy of said report is available for review by the general public. The Acting City Administrator recommended that the Actuarial Valuation Report be accepted and that approval be granted to proceed with an amendment to the contract with CalPERS. ORDINANCE NO. 1127 - 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 first reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1127 be approved for a first reading. Motion carried. Ayes: Ybarra, Gonzales, Davis, McCormick Noes: None Absent: Malburg Abstained: None ORDINANCE NO. 1128 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 2.1 of said Code Regarding City Council Meetings and Repealing all Ordinances Ordinances in Conflict Therewith, was read by title reading. or Parts of for a first Page 4 of 11 Regular City Council Meeting Minutes December 20, 2006 It was moved by Gonzales, seconded by Davis, that Ordinance No. 1128 be approved for a first reading. Motion carried. Ayes: Ybarra, Gonzales, Davis, McCormick Noes: None Absent: Malburg Abstained: None RESOLUTION NO. 9181 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9089 by Amending 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 Gonzales, that Resolution No. 9181 be approved and adopted. Motion carried. The Acting City Administrator announced that now was the time to open the public hearing to consider a conditional use permit application from GeoGreen Biofuels to operate a recycled materials processing facility at 6017 Malburg Way. It was moved by Davis, seconded by McCormick, to open the public hearing to consider a conditional use permit application from GeoGreen Biofuels to operate a recycled materials processing facility at 6017 Malburg Way, the time being 5:15 p.m. Motion carried. The Director of Community Services summarized the details regarding this matter, asked that public testimony be taken at this time, and advised that he would provide his recommendation on said matter at the next meeting. The Mayor Pro -Tern asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. Barry Siegel, representing GeoGreen Biofuels, asked the City Council for their support in this matter. The Director of Community Services & Water further advised that the following two conditions of the conditional use permit have been amended to read as follows: g. Prior to construction all underground piping systems shall be approved by the Vernon Environmental Health and Building Departments. All underground piping shall be double -walled, secondary containment of double -walled piping shall be equipped with 24 hour leak detection equipment connected to an above ground alarm system. All primary and secondary underground piping shall be testable. The spill containment vessel shall be liquid tight and testable. The delivery system shall be designed and constructed so as to prevent backflow of product and prevent the possibility of spills or hazards. The above ground storage tank system (including piping) is required to be secondarily contained. Page 5 of 11 Regular City Council Meeting Minutes December 20, 2006 q. Any expansion beyond a production of 250,000 gallons per month of biodiesel fuel or any change in use shall require a new conditional use permit. 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 wishing to address the City Council matter. It was moved by Gonzales, seconded by Davis, to close the public hearing to consider a conditional use permit application from GeoGreen Biofuels to operate a recycled materials processing facility at 6017 Malburg Way, the time being 5:30 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the following resolution be deferred. Motion carried. RESOLUTION NO. 9195 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Greenstar Biofuels, LLC dba GeoGreen Biofuels for the Operation of a Recycled Materials Processing Facility at 6017 Malburg Way in City of Vernon The Acting City Administrator announced that now was the time to open the public hearing to consider a variance application from On Santa Fe Partners, LLC for a variance from Section 26.4.6-7, automatic expiration of a non -conforming building, which has been vacant for at least one year. It was moved by Gonzales, seconded by Davis, to open the public hearing to consider a variance application from On Santa Fe Partners, LLC for a variance from Section 26.4.6-7, automatic expiration of a non -conforming building, which has been vacant for at least one year, the time being 5:31 p.m. Motion carried. The Director of Community Services & Water summarized the details regarding this matter and recommended that the variance be denied based on the findings. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. Bill Christopher, on behalf of On Santa Fe Partners, LLC, advised the City Council of the company's problems, which began in November 2004, stated that the owner has done a great deal to resolve these problems, and explained the reasons for the owner's delay in making the required repairs addressed by the Director of Community Services & Water. Mr. Christopher referred to the damage as a catastrophic loss, which could lead to potential litigation. Councilman Gonzales asked the Director of Community Services & Water to define catastrophic. The Director of Community Services & Water explained the requirements under the City's Code. Page 6 of 11 Regular City Council Meeting Minutes December 20, 2006 The Acting City Administrator asked the Director of Community Services & Water if the City Attorney had reviewed this matter. The Director of Community Services & Water stated that the City Attorney had reviewed this matter and advised that the variance be denied. 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 wishing to address the City Council matter. It was moved by Davis, seconded by Gonzales, to close the public hearing to consider a variance application from On Santa Fe Partners, LLC for a variance from Section 26.4.6-7, automatic expiration of a non -conforming building, which has been vacant for at least one year, the time being 5:50 p.m. Motion carried. RESOLUTION NO. 9196 - A Resolution of the City Council of the City of Vernon Denying a Variance to On Santa Fe Partners LLC from Section 26.4.6-7 of the Comprehensive Zoning Ordinance, for the Property Located at 2825 Santa Fe Avenue in the City of Vernon, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9196 be approved and adopted. Motion carried. The Acting City Administrator announced that now was the time for the presentation of the Five -Year Capital Improvement Plan. The Director of Community Services & Water gave a brief presentation of the proposed Five -Year Capital Improvement Plan and advised the City Council of the staffing requirements necessary to accomplish the goals of said plan. The Consent Calendar was presented. CONSENT CALENDAR Light & Power Department 1. Ratification of City of Vernon Requisitions from the Citi Gas Custody Escrow Account No. 800457 covering claims and demands presented during the period of December 7 through December 13, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $29,092.79, which includes Requisition No. CG005. 2. Request for authorization for personnel to attend the following: • "ABB University Advant Course" Page 7 of 11 Regular City Council Meeting Minutes December 20, 2006 Police Department 3. Request for authorization for personnel to attend the following: • "Dispatch/Assess Suicidal Call Course" • "California Chapter of the National Emergency Number Association 2007 Conference" Treasurer's Department 4. Ratification of the issuance of checks for Payroll Warrant Register No. 606 covering claims and demands presented during the period of October 15 through November 11, 2006, drawn on Bank of America totaling $2,352,595.13, which includes Check Nos. 9116 through 9232 (inclusive), (Accounting period November 2006). Personnel Committee 5. Request to grant a merit step increase to Norma Rodriguez, Dispatcher, from step 2 to step 1, effective January 7, 2007 (Last increase January 8, 2006). 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 to grant Milani Group, Inc. a variance from the 2001 California Building Code, Table No. 5-A, for the properties located at 2111 and 2035 49th Street, was presented. It was moved by Gonzales, seconded by Davis, to grant Milani Group, Inc. a variance from the 2001 California Building Code, Table No. 5-A, for the properties located at 2111 and 2035 49th Street. Motion carried. RESOLUTION NO. 9162 - A Resolution of the City Council of the City of Vernon Approving and Adopting Guidelines and a Form Employee Tuition Reimbursement Agreement Regarding University Education Program, was read by title. it was moved by McCormick, seconded by Gonzales, that Resolution No. 9162 be approved and adopted. Motion carried. RESOLUTION NO. 9197 - 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 Baker Commodities, Inc. for Property Located at 4020 Bandini Boulevard, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9197 be approved and adopted. Motion carried. RESOLUTION NO. 9198 - A Resolution of the City Council of the City of Vernon Appointing Steve Towles to Serve as the Acting Chief of Police of the City of Vernon, was read by title. Page 8 of 11 Regular City Council Meeting Minutes December 20, 2006 It was moved by Gonzales, seconded by McCormick, that Resolution No. 9198 be approved and adopted. Motion carried. RESOLUTION NO. 9199 - A Resolution of the City Council of the City of Vernon Authorizing City of Vernon Departments to Establish Certain Employee Procedures, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9199 be approved and adopted. Motion carried. RESOLUTION NO. 9200 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Assignment Work Authorization/Notice-to-Proceed to Galliera, Inc., dba Trico Construction for Property Located at 5119 and 5201 District, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9200 be approved and adopted. Motion carried. RESOLUTION NO. 9201 - A Resolution of the City Council of the City of Vernon Establishing a Written Policy for the Reimbursement of Certain Expenses of City Council Members, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9201 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1207, covering claims and demands presented during the period of December 7 through December 13, 2006, drawn on Bank of America totaling $19,908.18, which includes Check Nos. 314043 through 314055 (inclusive), (Accounting period December 2006), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Warrant Register No. 1207, covering the payment of claims and demands totaling $19,908.18, be ratified. Motion carried. Ratification of wire transfers for Warrant Register No. 1207, covering claims and demands presented during the period of December 7 through December 13, 2006, drawn on Bank of America totaling $11,339.40, which includes Wire No. W00194, (Accounting period December 2006), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1207, covering the payment of claims and demands totaling $11,339.40, be ratified. Motion carried. Warrant Register No. 1207, covering claims and demands presented during the period of December 7 through December 13, 2006, drawn on Bank of America totaling $734,021.33, which includes Check Nos. 314056 through 314232 (inclusive), excluding void Check Nos. listed below, (Accounting period December 2006), was presented. 314056 through 314061 Page 9 of 11 Regular City Council Meeting Minutes December 20, 2006 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1207 be approved and payment authorized for claims and demands totaling $734,021.33. Motion carried. Councilman Davis excused himself from the meeting at 6:04 p.m. Ratification of the issuance of early checks for Light & Power Warrant Register No. 172, covering claims and demands presented during the period of December 7 through December 13, 2006, drawn on Bank of America totaling $18,947.80, which includes Check Nos. 503639 through 503645 (inclusive), (Accounting period December 2006), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 172, covering claims and demands totaling $18,947.80, be ratified. Motion carried. Ratification of wire transfers for Light & Power Warrant Register No. 172, covering claims and demands presented during the period of December 7 through December 13, 2006, drawn on Bank of America totaling $97,770.50, which includes Wire Nos. W03338 through W03343 (inclusive), (Accounting period December 2006), was presented. It was moved by McCormick, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 172, covering claims and demands totaling $97,770.50, be ratified. Motion carried. Light & Power Warrant Register No. 172, covering claims and demands presented during the period of December 7 through December 13, 2006, drawn on Bank of America totaling $254,332.65, which includes Check Nos. 503646 through 503688 (inclusive), excluding void Check Nos. listed below, (Accounting period December 2006), was presented. 503646 through 503651 It was moved by Gonzales, seconded by McCormick, that Light & Power Warrant Register No. 172 be approved and payment authorized for claims and demands totaling $254,332.65. Motion carried. Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 6:05 p.m. The Acting City Administrator announced that now was the time for elected officials to report on conferences/seminars attended during the period of December 13 through December 20, 2006. Elected officials had nothing to report at this time. Page 10 of 11 Regular City Council Meeting Minutes December 20, 2006 There being no further business to come before the City Council at this time, it was moved by Davis, seconded by Gonzales, that the meeting be adjourned, the time being 6:15 p.m. Motion carried. ATTEST Bruce V.-Malkenhorst, Jr. Acting City Clerk -anwvalvjev� Thomas A. Ybarra Mayor Pro -Tern Page 11 of 11