20071015 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
OCTOBER 15, 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.
The City -Clerk advised that there were no changes to
the agenda.
The City Clerk 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.
. The City Attorney requested that the public hearing to
determine whether to offer net metering to allow customers to
use on -site generation delivered to the City's distribution
system to off -set electricity provided by the City be deferred.
It was moved by Davis, seconded by McCormick, that the
public hearing to determine whether to offer net metering to
allow customers to use on -site generation delivered to the
City's distribution system to off -set electricity provided by
the City be deferred. Motion carried.
The City Clerk 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 11 Mateo, LLC,
located at 4770 50th Street, to utilize eight non -conforming
truck loading spaces.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider a variance from Section 26.4.2-
8(c) of the Comprehensive Zoning Ordinance for 11 Mateo, LLC,
located at 4770 50th Street, to utilize eight non -conforming
truck loading spaces, the time being 10:04 a.m. Motion carried.
The Director of Community Services & Water summarized
the staff report regarding 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.
Regular City Council Meeting Minutes
October 15, 2007
It was moved by Davis, seconded by McCormick, to close
the public hearing to consider a variance from Section 26.4.2-
8(c) of the Comprehensive Zoning Ordinance for 11 Mateo, LLC,
located at 4770 50th Street, to utilize eight non -conforming
truck loading spaces, the time being 10:10 a.m. Motion carried.
RESOLUTION NO. 9440 - A Resolution of the City Council
of the City of Vernon Granting a Variance to 11 Mateo, LLC from
Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, for
the Property Located at 4770 50th Street in the City of Vernon,
was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9440 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the public hearing to consider the proposed demolition of City -
owned buildings and structures located at 5119 District
Boulevard and the adoption of a Negative Declaration in
accordance with the California Environmental Act determining
that the proposed project will not have a significant effect on
the environment.
It was moved by McCormick, seconded by Gonzales, to
open the public hearing to consider the proposed demolition of
City -owned buildings and structures located at 5119 District
Boulevard and the adoption of a Negative Declaration in
accordance with the California Environmental Act determining
that the proposed project will not have a significant effect on
the environment, the time being 10:10 a.m. Motion carried.
The Director of Community Services & Water summarized
the staff report regarding this matter and gave a brief slide
presentation. He informed the City Council of a comment
received that morning from the Los Angeles Unified School
District (LAUSD) regarding an Air Quality Analysis of the
proposed demolition. The Director recommended that the public
hearing be closed and the resolution pertaining to this matter
be deferred to allow time to respond to LAUSD and no action be
taken at this time.
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 proposed demolition of City -
owned buildings and structures located at 5119 District
Boulevard and the adoption of a Negative Declaration in
accordance with the California Environmental Act determining
that the proposed project will not have a significant effect on
the environment, the time being 10:16 a.m. Motion carried.
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Regular City Council Meeting Minutes
October 15, 2007
RESOLUTION NO. 9442 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 602, Demolition of
City Owned Buildings and Structures Located at 5119 District
Boulevard; Accepting the Bid of US Demolition, Inc. for the
Demolition of City Owned Buildings and Structures in Accordance
with Contract No. 602 of the City of Vernon and Approving the
Execution of said Contract; Making Certain Findings Relative to
the Proposed Project; and Approving and Adopting a Negative
Declaration for the Proposed Project, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9442 be deferred. Motion carried.
The City Clerk announced that now was the time to open
the public hearing to consider the adoption of an amendment to
the budget for the City of Vernon for fiscal year 2007-2008.
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing to consider the adoption of an amendment to
the budget for the City of Vernon for fiscal year 2007-2008, the
time being 10:17 a.m. Motion carried.
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 McCormick, to
close the public hearing to consider the adoption of an
amendment to the budget for the City of Vernon for fiscal year
2007-2008, the time being 10:20 a.m. Motion carried.
RESOLUTION NO. 9445 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9341, which
Approved a Budget for the Fiscal Year 2007-2008, to Reflect
Changes, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9445 be approved and adopted. Motion carried.
The Consent Calendar was presented.
CONSENT CALENDAR
City Council
1. Request for authorization for four City Officials to attend
the "Contract Cities Conference" and to take all actions
necessary to secure registration, transportation, lodging, and
all other related matters for said conference.
City Treasurer's Department
2. Ratification of the issuance of checks for Payroll Warrant
Register No. 616 covering claims and demands presented during
the period of August 19 through September 15, 2007, drawn on
Bank of America totaling $2,513,412.49, which includes Check
Nos. 9440, 9441, and 9450 through 9467 (Accounting period
September 2007).
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October 15, 2007
3. Ratification of City of Vernon Requisitions from the Light
& Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of September 27 through
October 10, 2007, drawn on The Bank of New York Mellon
Corporation totaling $700,000.00, which includes Requisition
Nos. CE325 through CE327.
4. 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 September 27
through October 10, 2007, drawn on The Bank of New York Mellon
Corporation totaling $2,426,093.75, which includes Requisition
Nos. LCD185 through LCD189.
Community Services & Water Department
5. Request for authorization and funds for personnel to attend
the following:
• "Pesticide Applicators Professional Association (PAPA)
Seminar"
Fire Department
6. Fire Department Activity Report for the period of September
27 through October 10, 2007, to be received and filed.
Health Department
7. Health Department Report for the month of September 2007,
to be received and filed.
Light & Power Department
8. Request for authorization for a contract consultant to
attend the "Contract Cities Conference" and to take all actions
necessary to secure registration, transportation, lodging, and
all other related matters for said conference.
Personnel Department
9. Request for authorization and funds for personnel to attend
the following:
• "The Basics of HR Law 2007 Seminar"
Police Department
10. Request for authorization and funds for personnel to attend
the following:
• "Cal/Gang Training"
• "Dispatcher Update Course"
• "Internal Affairs Seminar" (3)
• "Cellular Data Resources/Cellular Telephone Tracking
School"
• "CNOA Law Enforcement Conference"
11. Police Department Activity Log for the period of September
27 through October 10, 2007, to be received and filed.
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Risk Management Department
12. Request for authorization and funds for personnel to attend
the following:
• "FMLA Compliance 2008 Seminar"
End of Consent Calendar
It was moved by McCormick, seconded by Gonzales, that
the matters on the Consent Calendar be approved as recommended.
Motion carried.
RESOLUTION NO. 9436 - A Resolution of the City Council
of the City of Vernon Dissolving, Cancelling and Terminating All
Agreements with Albright, Yee & Schmit, LLP and Repealing All
Resolutions or Parts of Resolutions in Conflict Therewith, was
read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9436 be approved and adopted. Motion carried.
RESOLUTION NO. 9437 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase Agreement By and Between the City of
Vernon and Bar-Sto Precision Machine for Handguns for the Police
Department, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9437 be approved and adopted. Motion carried.
RESOLUTION NO. 9438 - A Resolution of the City Council
of the City of Vernon Denying an Appeal by FCI Constructors,
Inc. Southern Division and J Top Group, LLC Concerning Permitted
Use in C-M Zone of a Construction Yard at 2626 Santa Fe Avenue,
was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9438 be approved and adopted. Motion carried.
RESOLUTION NO. 9439 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
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. 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. 9439 be approved and adopted. Motion carried.
RESOLUTION NO. 9441 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 603 for the
Destruction of Well 18 and Authorizing Notice Inviting Sealed
Proposals or Bids in Accordance Therewith, was read by title.
The Mayor asked how old Well 18 is.
The Director of Community Services & Water advised
that Well 18 is one of the older wells at approximately 50 years
old. Based on a contamination study of Well 18, he advised that
it would be most cost effective to abandon and destroy the well
and drill a new well in the future.
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October 15, 2007
The Mayor asked what the cost would be for a new well.
The Director of Community Services & Water advised
that the cost of a new well would be approximately $2 million,
which the department would include in its capital projects
budget for the next fiscal year.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 9441 be approved and adopted. Motion carried.
RESOLUTION NO. 9443 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Engagement Letter Agreement By and Between the City of Vernon
and Kinsel Consulting Group, LLC Regarding Insurance Claims, was
read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9443 be approved and adopted. Motion carried.
RESOLUTION NO. 9444 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Command Post Vehicle Joint Use Agreement Between Area E
Agencies Regarding the Cooperative Use of the Command Post
Vehicle, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9444 be approved and adopted. Motion carried.
RESOLUTION NO. 9446 - A Resolution of the City Council
of the City of Vernon Authorizing Participation in Proceedings
Before the Commission on State Mandates for Recovery of
Inspection and Trash Receptacle Costs Imposed by the Los Angeles
County Municipal Stormwater Permit Regarding the National
Pollutant Discharge Elimination System and authorizing the City
to do all actions deemed necessary or advisable concerning the
Litigation, was read by title.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 9446 be approved and adopted. Motion carried.
RESOLUTION NO. 9447 - A Resolution of the City Council
of the City of Vernon Authorizing the Closure of a Portion of
Seville Avenue between Leonis Boulevard and Fruitland Avenue
Pursuant to Vernon City Code Section 22.100, was read by title.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9447 be approved and adopted. Motion carried.
RESOLUTION NO. 9448 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Sewer System
Management Development Plan and Schedule in Compliance with the
Statewide General Waste Discharge Requirements for Sanitary
Sewer Systems, was read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9448 be approved and adopted. Motion carried.
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October 15, 2007
Ratification of the issuance of early checks for
Warrant Register No. 1227, covering claims and demands presented
during the period of September 27 through October 10, 2007,
drawn on Bank of America totaling $151,150.53, which includes
Check Nos. 317797 through 317824 (Accounting period October
2007), was presented.
It was moved by Davis, seconded by McCormick, that the
issuance of early checks for Warrant Register No. 1227, covering
claims and demands totaling $151,150.53, be ratified. Motion
carried.
There were no wire transfers for Warrant Register No.
1227.
Warrant Register No. 1227, covering claims and demands
presented during the period of September 27 through October 10,
2007, drawn on Bank of America totaling $323,150.28, which
includes Check Nos. 317825 through 317940 (Accounting period
October 2007), was presented.
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 1227 be approved and payment authorized for
claims and demands totaling $323,150.28. Motion carried.
Councilman Davis abstained and disqualified himself from voting
on this matter.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 192, covering claims and demands
presented during the period of September 27 through October 10,
2007, drawn on Bank of America totaling $36,793.39, which
includes Check Nos. 504742 through 504757 (Accounting period
October 2007), was presented.
It was moved by McCormick, seconded by Davis, that the
issuance of early checks for Light & Power Warrant Register No.
192, covering claims and demands totaling $36,793.39, be
ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 192, covering claims and demands presented
during the period of September 27 through October 10, 2007,
drawn on Bank of America totaling $2,741,518.25, which includes
Wire Nos. 3692 through 3710 (Accounting period October 2007),
was presented.
It was moved by Ybarra, seconded by Gonzales, that
wire transfers for Light & Power Warrant Register No. 192,
covering claims and demands totaling $2,741,518.25, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself from voting on this matter.
Light & Power Warrant Register No. 192, covering
claims and demands presented during the period of September 27
through October 10, 2007, drawn on Bank of America totaling
$178,176.15, which includes Check Nos. 504758 through 504791
(Accounting period October 2007), was presented.
It was moved by McCormick, seconded by Gonzales, that
Light & Power Warrant Register No. 192 be approved and payment
authorized for claims and demands totaling $178,176.15. Motion
carried.
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The City Clerk announced that now was the time for
elected officials to report on conferences/seminars during the
period of October 1 through October 14, 2007.
Elected officials had nothing to report for the period
of October 1 through October 14, 2007.
The City Clerk announced that now was the time for.
reports from departments.
The Fire Chief, Chief of Police, and Director of
Personnel had nothing to report at this time.
The Director of Environmental Health provided an
update on recent recalls of various food products.
The Director of Light & Power reported that the
Malburg Generating Station (MGS) was still off-line. He
summarized the actions taken to repair the damaged MGS turbine
and advised that MGS is tentatively scheduled to be back on-line
by the second week of December. He also provided a summary of
the department's efforts to secure energy while MGS is off-line
and advised of the development of a plan to supply power to a
new company in Vernon.
The Director of Community Services & Water provided an
update on Phase II of the City Housing Renovation Project, which
includes a total of nine units.
The Mayor called a short recess at 10:57 a.m.
The City Council reconvened in regular session at
11:00 a.m., all members present before the recess again -being
present.
The City Clerk 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 11:01 a.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Director of Personnel, City Attorney, and
members of the City Attorney's office.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
The Director of Personnel was excused from closed
session after the Public Employment matter was heard, the time
being 11:05 a.m.
It was moved by McCormick, seconded by Gonzales, that
the City Council go out of closed session and resume regular
session, the time being 11:12 a.m. Motion carried.
It was reported out that two Employee
Discipline/Dismissal/Release matters pursuant to Government Code
Section 54957 were erroneously included on the agenda, and said
matters were deferred to the next meeting.
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October 15, 2007
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 hiring
of Erika Melchor as an Administrative Assistant, step 9,
effective October 16, 2007, was approved.
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 Gonzales, seconded by
McCormick, that the meeting be adjourned, the time being 11:16
a.m. Motion carried.
ATTEST:
t
Manuela Giron
City Clerk
a e: �Leor��iC�M�lburg
Title: Mayor
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