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20071203 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 3, 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 Administrator advised that there were no changes to the agenda. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned City Council Meeting held November 6, 2007, be approved and adopted as submitted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of the Regular City Council Meeting held November 19, 2007, be approved and adopted. Motion carried. The City Administrator announced that now was the time to present the Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations to each on behalf of the City Council. Martha Parra Records Clerk 20 Years Bruce Malkenhorst, Jr. Assistant City Attorney II 10 Years Jose Uriarte Utilityman II 5 Years The following employees were unable to attend the meeting and their Service Pins were forwarded to them. Daniel Armellini Fire Captain 15 Years Douglas Barker Firefighter 15 Years Thomas Egan Firefighter 15 Years Andrew Kroner Fire Engineer 15 Years Todd Painton Fire Captain 15 Years A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring David Fletcher in Recognition of the Development of an Urban Design Concept Project by Students of Otis College of Art and Design, was read by title. It was moved by Gonzales, seconded by Davis, that the aforementioned proclamation be approved. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Christopher Michlig in Recognition of the Development of an Urban Design Concept Project by Students of Otis College of Art and Design, was read by title. It was moved by Davis, seconded by McCormick, that the aforementioned proclamation be approved. Regular City Council Meeting Minutes December 3, 2007 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. The City Administrator announced that now was the time to open the public hearing to consider the adoption of Ordinance No. 1136. It was moved by Gonzales, seconded by Davis, to open the public hearing to consider the adoption of Ordinance No. 1136, the time being 10:05 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on the proposed Ordinance No. 1136 and recommended that said ordinance 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 Gonzales, to close the public hearing to consider the adoption of Ordinance No. 1136, the time being 10:10 a.m. Motion carried. ORDINANCE NO. 1136 - An Ordinance of the City Council of the City of Vernon Amending Chapter 24, Building and Construction, of the Code of the City of Vernon; Adopting by Reference (1) the 2007 California Building Code; (2) the 2007 California Electrical Code and the 2006 Edition of the ICC Electrical Code Administrative Provisions; (3) the 2007 California Mechanical Code; (4) the 2007 California Plumbing Code; (5) the 2007 California Existing Building Code; and (6) the 2006 International Existing Building Code 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 Ybarra, that Ordinance No. 1136 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 adoption of Ordinance No. 1137. It was moved by McCormick, seconded by Ybarra, to open the public hearing to consider the adoption of Ordinance No. 1137, the time being 10:11 a.m. Motion carried. Page 2 of 12 Regular City Council Meeting Minutes December 3, 2007 The Director of Community Services & Water summarized the recommendations in the staff report on the proposed Ordinance No. 1137 and advised that the Fire Code adoption would be effective January 1, 2008. 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 the adoption of Ordinance No. 1137, the time being 10:11 a.m. Motion carried. ORDINANCE NO. 1137 - 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; Adopting by Reference the 2007 California Fire Code, Including Appendices; 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 Ybarra, seconded by McCormick, that Ordinance No. 1137 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 adoption of proposed amendments to the General Plan and Comprehensive Zoning Ordinance. It was moved by Ybarra, seconded by Gonzales, to open the public hearing to consider the adoption of proposed amendments to the General Plan and Comprehensive Zoning Ordinance, the time being 10:14 a.m. Motion carried. The Director of Community Services & Water advised that his department held three workshops during the past few months to obtain feedback from the community on the proposed changes to the General Plan and Comprehensive Zoning Ordinance. He advised that the community's concerns were addressed and read excerpts from the staff reports highlighting the changes, prohibitions, and development standards. Mayor Pro-Tem Gonzales asked what would happen to a company that had more parking spaces than it needed. The Director of Community Services & Water advised that nothing much could be done with regard to existing companies in existing buildings unless a company requested a variance, but the new standards would have to be met for new construction. The Director of Community Services & Water continued to read excerpts from the staff reports and recommended that the proposed General Plan and Comprehensive Zoning Ordinance be approved. He also offered to answer any questions on this matter at this time. Page 3 of 12 Regular City Council Meeting Minutes December 3, 2007 The Mayor asked if there was anyone in the audience who wished to address the City Council or the Director of Community Services & Water on this matter. Mr. Les Bronte, former Mayor of Beverly Hills, addressed the City Council and identified himself as a concerned property owner of a business on 26th Street and asked the Director of Community Services & Water whether or not his business would be affected by the proposed General Plan and Zoning Ordinance. The Director of Community Services & Water advised Mr. Bronte that his business would not be affected by the proposed changes. Mr. Steve Freed identified himself as the President of the Vernon Property Association (VPA), a member of the Vernon Chamber of Commerce, and a Vernon property owner, commended the Director of Community Services & Water for considering the business community's concerns, and thanked the City Council for their efforts to improve the City's image. The Mayor asked if there was anyone else in the audience who wished to address the City Council or the Director of Community Services & Water on this matter. There was no one else who wished to address the City Council or the Director of Community Services & Water on this matter. It was moved by McCormick, seconded by Davis, to close the public hearing to consider the adoption of proposed amendments to the General Plan and Comprehensive Zoning Ordinance, the time being 10:40 a.m. Motion carried. RESOLUTION NO. 9483 - A Resolution of the City Council of the City of Vernon Certifying the Final Environmental Impact Report for the City of Vernon General Plan and Comprehensive Zoning Code and Making Findings, Statements of Fact, Adopting a Statement of Overriding Considerations and an Environmental Mitigation Monitoring and Reporting Program, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9483 be approved and adopted. Motion carried. RESOLUTION NO. 9484 - A Resolution of the City Council of the City of Vernon Adopting the City of Vernon General Plan and the Various Elements Included Therein and Repealing all Resolutions in Conflict Herewith, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9484 be approved and adopted. Motion carried. Page 4 of 12 Regular City Council Meeting Minutes December 3, 2007 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 by title for a first reading. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1139 be approved for a first reading. 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 adoption of an amendment to the budget for the City of Vernon for fiscal year 2007-2008. It was moved by Davis, seconded by Gonzales, 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 10:41 a.m. Motion carried. The City Administrator advised that the proposed budget amendment included a 3.1% across the board cost of living salary increase, consolidation of Fire Department pay scales, Haz Mat Incentive Pay increase, and Bilingual Incentive Pay. 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 Ybarra, 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 10:41 a.m. Motion carried. RESOLUTION NO. 9489 - 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 McCormick, seconded by Davis, that Resolution No. 9489 be approved and adopted. Motion carried. Page 5 of 12 Regular City Council Meeting Minutes December 3, 2007 The Consent Calendar was presented. CONSENT CALENDAR City Treasurer's Department 1. Ratification of changes to Warrant Register No. 1218 to record voided Check No. 316302 in the amount of $622.14 issued to Lu's Lighthouse, Inc. on June 5, 2007. 2. Ratification of changes to Warrant Register No. 1222 to record voided Check No. 317055 in the amount of $25.00 issued to Southern California Waste Management Forum on August 6, 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 15 through November 28, 2007, drawn on The Bank of New York Mellon Corporation totaling $141,383.43, which includes Requisition Nos. LCD212 through LCD220. 4. Ratification of City of Vernon Requisitions from the Remediation Proceeds Fund Custody Escrow Account No. 800460 covering claims and demands presented during the period of November 15 through November 28, 2007, drawn on The Bank of New York Mellon Corporation totaling $1,890,357.00, which includes Requisition No. RPF002. Fire Department 5. Fire Department Activity Report for the period of November 15 through November 28, 2007, to be received and filed. Police Department 6. Request for authorization and funds for personnel to attend the following: • "Earthquake Seminar" (2) 7. Police Department Activity Log for the period of November 15 through November 28, 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 City Administrator to grant additional days off to City employees in observance of the Christmas and New Year's holidays, was presented. It was moved by Davis, seconded by Ybarra, to grant December 24 and 31, 2007, as additional days off with holiday pay in observance of the Christmas and New Year's holidays respectively. Motion carried. Request from the Director of Personnel to approve the budget for the 2007 Holiday Luncheon in the total amount of $24,268.00, was presented. Page 6 of 12 Regular City Council Meeting Minutes December 3, 2007 It was moved by Gonzales, seconded by Ybarra, to approve the budget for the 2007 Holiday Luncheon in the total amount of $24,268.00. Motion carried. Request from the City Attorney for authorization for the City to be a Platinum Sponsor in the "Families Fighting Against Cancer Charity Ball" to be held December 11, 2007, at Leonardo's Ballroom in Huntington Park at a cost of $1,000.00, was presented. It was moved by Davis, seconded by Gonzales, to authorize the City to be a Platinum Sponsor in the "Families Fighting Against Cancer Charity Ball" to be held December 11, 2007, at Leonardo's Ballroom in Huntington Park at a cost of $1,000.00. Motion carried. Request from the City Attorney for ratification of the actions taken to participate as a Classroom Sponsor in the "Learning for Life & Exploring" tribute to the Huntington Park Chief of Police, Michael Trevis, at a cost of $2,500.00, was presented. It was moved by McCormick, seconded by Ybarra, to ratify the actions taken by the City Attorney to participate as a Classroom Sponsor in the "Learning for Life & Exploring" tribute to the Huntington Park Chief of Police, Michael Trevis, to be held December 5, 2007, at the Double Tree Hotel in Commerce at a cost of $2,500.00. Motion carried. RESOLUTION NO. 9485 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of One 2008 Chevrolet Tahoe for the Fire Department, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9485 be approved and adopted. Motion carried. RESOLUTION NO. 9486 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposal for a Caterpillar 420E Loader for the Department of Community Services & Water, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9486 be approved and adopted. Motion carried. RESOLUTION NO. 9487 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposal for a Vactor Truck 2100 for the Department of Community Services & Water, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9487 be approved and adopted. Motion carried. RESOLUTION NO. 9488 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Conveyance of Real Estate Located at 4855 East 52nd Place and Accepting the Assignment of the Matheson Tri-Gas, Inc. Ground Lease, as Amended, from the Redevelopment Agency, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9488 be approved and adopted. Motion carried. Page 7 of 12 Regular City Council Meeting Minutes December 3, 2007 RESOLUTION NO. 9490 - A Resolution of the City Council of the City of Vernon Establishing a Cost of Living Salary Increase for 2007-2008 Fiscal Year, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9490 be approved and adopted. Motion carried. RESOLUTION NO. 9491 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9362 by Amending Section 11c, adding a New Section 9d, and Amending Salary Schedule Nos. II-XVI to 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. 9491 be approved and adopted. Motion carried. RESOLUTION NO. 9492 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Service Agreement with Southern California Risk Management Associates, Inc. to Provide for the Administration of a Workers' Compensation Self -Insurance Program and General Liability Self - Insurance Program, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9492 be approved and adopted. Motion carried. RESOLUTION NO. 9493 - 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 Mark Whitworth and Terminating the Employment Agreement Dated June 21, 2006, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9493 be approved and adopted. Motion carried. RESOLUTION NO. 9494 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment of Agreement By and Between the City of Vernon and IntraLinks, Inc. Regarding Virtual Data Room Services for the Coldwater Project, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9494 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1230, covering claims and demands presented during the period of November 15 through November 28, 2007, drawn on Bank of America totaling $31,302.36, which includes Check Nos. 318357 through 318394, (Accounting period December 2007). It was moved by Ybarra, seconded by Gonzales, that the issuance of early checks for Warrant Register No. 1230, covering claims and demands totaling $31,302.36, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Page 8 of 12 Regular City Council Meeting Minutes December 3, 2007 Ratification of wire transfers for Warrant Register No. 1230, covering claims and demands presented during the period of November 15 through November 28, 2007, drawn on Bank of America totaling $92,031.40, which includes Wire Nos. 261 through 263 (Accounting period December 2007), was presented. It was moved by McCormick, seconded by Davis, that wire transfers for Warrant Register No. 1230, covering claims and demands totaling $92,031.40, be ratified. Motion carried. Warrant Register No. 1230, covering claims and demands presented during the period of November 15 through November 28, 2007, drawn on Bank of America totaling $700,730.78, which includes Check Nos. 318395 through 318531 (Accounting period December 2007), was presented. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1230 be approved and payment authorized for claims and demands totaling $700,730.78. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 195, covering claims and demands presented during the period of November 15 through November 28, 2007, drawn on Bank of America totaling $2,855.17, which includes Check Nos. 504907 through 504913 (Accounting period December 2007), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 195, covering claims and demands totaling $2,855.17, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Light & Power Warrant Register No. 195, covering claims and demands presented during the period of November 15 through November 28, 2007, drawn on Bank of America totaling $5,605,826.19, which includes Wire Nos. 3756 through 3777 (Accounting period December 2007), was presented. It was moved by McCormick, seconded by Ybarra, that wire transfers for Light & Power Warrant Register No. 195, covering claims and demands totaling $5,605,826.19, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Light & Power Warrant Register No. 195, covering claims and demands presented during the period of November 15 through November 28, 2007, drawn on Bank of America totaling $521,706.97, which includes Check Nos. 504914 through 504952, (Accounting period December 2007), was presented. It was moved by Ybarra, seconded by Davis, that Light & Power Warrant Register No. 195 be approved and payment authorized for claims and demands totaling $521,706.97. Motion carried. The City Administrator announced that now was the time for elected officials to report on conferences/seminars during the period of November 19 through December 2, 2007. Page 9 of 12 Regular City Council Meeting Minutes December 3, 2007 Elected officials had nothing to report for the period of November 19 through December 2, 2007. The City Administrator announced that now was the time for reports from departments. The Fire Chief, Lieutenant Calleros (attended in place of Chief of Police), City Treasurer, Director of Environmental Health, Director of Community Services & Water, Director of Light & Power, City Attorney, and City Clerk, individually thanked the City Council for approving the 3.1% cost of living increase and granting the additional days off for the Christmas and New Year's holidays. The Fire Chief thanked the City Council for their approval of his new employment agreement (Resolution No. 9493) and various compensation benefits for his department as described in Resolution No. 9491 on the agenda. He advised that during the recent Malibu fires, Governor Schwarzenegger recognized the City of Vernon Fire Department for their efforts and participation during that time of need. The Chief reported on the department's participation in the Los Angeles Fire Department's annual "Spark of Love Toy Drive" and a V.I.P. Live Fire Training session held December 1, 2007, in Glendale, in which the City Finance Director, Rory Burnett, and City Attorney, Jeff Harrison, participated. Lieutenant Calleros advised the City Council that the Chief of Police was absent from the meeting because he was attending a seminar. The Director of Environmental Health advised that his department is working on finalizing the "2008 Used Oil Recycling Calendar Contest," which will include an award presentation at a City Council meeting for the contest participants and sponsors. The Director of Community Services & Water advised that the two proclamations on the agenda are for two professors whose students are scheduled to give presentations on the Urban Design Concept Project December 10, 2007, at 4:00 p.m. in the City of Vernon Council Chamber. He also provided updates on the following matters: 1.26th Street Project - bridge and pumping station are both on schedule 2. Tree Trimming Project 3. Phase II of the Housing Renovation Project, which is on schedule 4. Pre -construction meeting to be held December 6, 2007, regarding the demolition of 5119 District Boulevard 5. Efforts put forth with regard to the preparation of the General Plan and Comprehensive Zoning Ordinance The City Administrator commended the Director of Community Services & Water on the preparation of the General Plan and Zoning Ordinance. Councilman Davis asked the Director of Community Services & Water whether the bridge on 26th Street would have a memorial or decorative wall. Page 10 of 12 Regular City Council Meeting Minutes December 3, 2007 The Director of Community Services & Water advised that he would look into the feasibility of having a memorial or decorative wall and report back. The Director of Light & Power reported on the following matters: 1. Malburg Generating Station (MGS) turbine units 1 and 2 update 2. Fluctuation of gas BTU's in the area 3. Regulatory Commission filings 4. Close of the asset sale around the first week in February 5. Proposed technology for the Vernon Power Plant 6. Damaged MGS unit insurance coverage update 7. Future power supply for two new companies 8. Two recent power outages of short durations 9. Update on the dimming of the lights in the Council Chamber, which seem to be related to the air conditioning unit and not the power supply The City Attorney thanked Fire Chief Whitworth for the opportunity to participate in the Live Fire Training on December 1, 2007, in Glendale, which was led by Administrative Captain Dean Richens. Councilman Davis commended the Director of Community Services & Water and the City Attorney on their efforts in working with the community regarding the changes to the General Plan and Comprehensive Zoning Ordinance and congratulated them on their success in addressing the community's concerns. Mayor Pro -Tern Gonzales expressed his appreciation of the efforts of the Director of Community Services & Water with regard to the preparation of the General Plan and Zoning Ordinance. Mayor Malburg advised that the USC School of Business commented that there is no other industrial city like the City of Vernon. Councilman Ybarra congratulated the Director of Community Services & Water on the successful preparation of the General Plan and Zoning Ordinance and asked him for the status of the warning lights at Fire Station No. 3. The Director of Community Services & Water advised that the warning light signals for Fire Station No. 3 are still in the design stage. Councilman McCormick congratulated the Director of Community Services & Water on the successful preparation of the General Plan and Zoning Ordinance. He also congratulated Mayor Pro-Tem Gonzales on his 60th wedding anniversary, which the Mayor Pro-Tem celebrated on Saturday, December 1, 2007. The City Administrator announced that now was the time to go into closed session. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session, the time being 11:48 a.m. Motion carried. Page 11 of 12 Regular City Council Meeting Minutes December 3, 2007 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 Davis, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 11:55 a.m. Motion carried. 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. It was reported out that the City Council had a conference in closed session with legal counsel regarding one potential case of anticipated litigation pursuant to subdivision (b) of Government Code Section 54956.9, and settlement authority •was granted to the City Attorney. 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 11:55 a.m. Motion carried. ze: Leonis C. Malburg Title: Mayor AT EST: G Manuela Giro City Clerk Page 12 of 12