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20080107 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 7, 2008, AT 10:03 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 17, 2007, be approved and adopted as submitted. 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. 1. Renan Castro Utilityman I 20 Years 2. Victor Trujillo Utilityman II 20 Years 3. Jason Tomlinson Utilityman II 5 Years 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 a variance from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance for Orient Fisheries, Inc., located at 5970 Alcoa Avenue, to allow parking to be provided on a separate lot within one thousand feet from the main building. It was moved by Ybarra, seconded by Gonzales, to open the public hearing to consider a variance from Section 26.4.2- 8(b) of the Comprehensive Zoning Ordinance for Orient Fisheries, Inc., located at 5970 Alcoa Avenue, to allow parking to be provided on a separate lot within one thousand feet from the main building, the time being 10:07 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on the proposed variance for Orient Fisheries, Inc., gave a power point presentation, and recommended that the variance be granted. Regular City Council Meeting Minutes January 7, 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 McCormick, seconded by Davis, to close the public hearing to consider a variance from Section 26.4.2- 8(b) of the Comprehensive Zoning Ordinance for Orient Fisheries, Inc., located at 5970 Alcoa Avenue, to allow parking to be provided on a separate lot within one thousand feet from the main building, the time being 10:10 a.m. Motion carried. RESOLUTION NO. 9514 - A Resolution of the City Council of the City of Vernon Granting a Variance to Orient Fisheries, Inc., from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, for the Property Located at 5970 Alcoa Avenue in the City of Vernon, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9514 be approved and adopted. Motion carried. The City Administrator announced that now was the time to open the public hearing to consider a conditional use permit for Los Angeles By -Products Co. to operate an existing truck and freight terminal at 2065 Ross Street. It was moved by Davis, seconded by Ybarra, to open the public hearing to consider a conditional use permit for Los Angeles By -Products Co. to operate an existing truck and freight terminal at 2065 Ross Street, the time being 10:10 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on the proposed conditional use permit for Los Angeles By -Products Co., gave a power point presentation, and recommended that the conditional use permit be granted subject to the conditions listed in Section 3 of Resolution No. 9515. 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 a conditional use permit for Los Angeles By -Products Co. to operate an existing truck and freight terminal at 2065 Ross Street, the time being 10:14 a.m. Motion carried. RESOLUTION NO. 9515 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Los Angeles By Products Co. for the Operation of an Existing Truck and Freight Terminal at 2065 Ross Street, was read by title. It was moved by Davis, seconded by Ybarra, that Resolution No. 9515 be approved and adopted. Motion carried. Page 2 of 10 Regular City Council Meeting Minutes January 7, 2008 The City Administrator announced that now was the time to open the public hearing to consider an amendment to the existing conditional use permit for Dynamic Builders, Inc., on behalf of Merco Group - 2529 Santa Fe Avenue, LLC, to construct and operate a commercial/retail facility at 2529 Santa Fe Avenue. It was moved by Gonzales, seconded by Ybarra, to open the public hearing to consider an amendment to the existing conditional use permit for Dynamic Builders, Inc., on behalf of Merco Group - 2529 Santa Fe Avenue, LLC, to construct and operate a commercial/retail facility at 2529 Santa Fe Avenue, the time being 10:15 a.m. Motion carried. The Director of Community Services & Water summarized the staff report on the proposed amendment to the existing conditional use permit for Dynamic Builders, Inc., on behalf of Merco Group - 2529 Santa Fe Avenue, LLC, gave a power point presentation, and requested authority to study the proposed facility for additional commercial uses and a comprehensive security plan. Mayor Pro-Tem Gonzales asked what the operating hours would be for the proposed restaurant. The Director of Community Services & Water advised that the hours of operation would be 5:00 a.m. to 7:00 p.m. Councilman Davis asked if the building would need to be brought up to code since it had been vacant for over one year. The Director of Community Services & Water advised that the building is new, and therefore, meets all the City's codes. 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 an amendment to the existing conditional use permit for Dynamic Builders, Inc., on behalf of Merco Group - 2529 Santa Fe Avenue, LLC, to construct and operate a commercial/retail facility at 2529 Santa Fe Avenue, the time being 10:25 a.m. Motion carried. RESOLUTION NO. 9516 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit Amendment for Merco Group-2529 Santa Fe Avenue, LLC to Operate a Retail/ Commercial Restaurant Facility Located at 2529 Santa Fe Avenue, was read by title. It was moved by Ybarra, seconded by McCormick, that Resolution No. 9516 be approved and adopted. Motion carried. The Consent Calendar was presented. Page 3 of 10 Regular City Council Meeting Minutes January 7, 2008 CONSENT CALENDAR City Treasurer's Department 1. Ratification of Warrant Register No. 1231 to record the following voided checks: • Check No. 318542 in the amount of $235.00 issued to Sharon Duckworth on November 29, 2007 • Check No. 318550 in the amount of $57.90 issued to Daniel Santos on December 3, 2007 • Check No. 318653 in the amount of $4,772.94 issued to Mutual of Omaha on December 17, 2007 2. Ratification of City of Vernon Requisitions from the Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of November 29, 2007, through January 2, 2008, drawn on The Bank of New York Mellon Corporation totaling $2,155,200.00, which includes Requisition Nos. CE331 through CE332. 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 December 13, 2007, through January 2, 2008, 2007, drawn on The Bank of New York Mellon Corporation totaling $17,797,453.44, which includes Requisition Nos. LCD239 through LCD244. 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 December 13, 2007, through January 2, 2008, 2007, drawn on The Bank of New York Mellon Corporation totaling $1,398,981.11, which includes Requisition No. RPF003. Fire Department 5. Request for authorization and funds for personnel to attend the following: • "Hazardous Materials Technician 1A & 1B Training" (10) 6. Fire Department Activity Report for the period of December 13 through December 31, 2007, to be received and filed. Light & Power Department 7. Resource Procurement Final Report for the month of July 2007, to be received and filed. Police Department 8. Request for authorization and funds for personnel to attend the following: • "Dispatcher/Crisis Negotiation Course" (2) 9. Police Department Activity Log for the period of December 13 through December 31, 2007, to be received and filed. End of Consent Calendar Page 4 of 10 Regular City Council Meeting Minutes January 7, 2008 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 Work Authorization No. PM-104B-07 of the contract with Galliera Inc., dba Trico Construction ("Trico") in the amount of $159,280.00 for a new inergen fire suppression system in the east and west switchrooms at Station A, was presented. It was moved by McCormick, seconded by Gonzales, to approve Work Authorization No. PM-104B-07 of the contract with Galliera Inc., dba Trico Construction ("Trico") in the amount of $159,280.00 for a new inergen fire suppression system in the east and west switchrooms at Station A, and to authorize the Director of Light & Power to execute said work authorization. Motion carried. Request from the City Administrator for City consent to the assignment of the following from Innovative Waste Control, Inc. to Consolidated Disposal Service, LLC, subject to the preparation and execution of the appropriate documents to effectuate said assignments, was presented. I.Non-Exclusive Franchise Agreement dated November 21, 2000 2. Services Agreement dated June 1, 2006 3. Conditional Use Permit for the solid waste transfer station located at 4133 Bandini Boulevard It was moved by Gonzales, seconded by McCormick, to grant City consent to the assignment of the aforementioned from Innovative Waste Control, Inc. to Consolidated Disposal Service, LLC, subject to the preparation and execution of the appropriate documents to effectuate said assignments. Motion carried. Mr. Harold Arsenian, President of Innovative Waste Control, Inc., thanked the City Council for their support over the last ten years, which is the amount of time he's been doing business in the City. RESOLUTION NO. 9512 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Software License Agreement By and Between the City of Vernon and Survalent Techonology for the Scada System for the Light and Power Department, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9512 be approved and adopted. Motion carried. RESOLUTION NO. 9513 - A Resolution of the City Council of the City of Vernon Approving Contract No. 604 for the Well 14 Packer Testing, Water Quality Sampling and Liner Installation and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9513 be approved and adopted. Motion carried. Page 5 of 10 Regular City Council Meeting Minutes January 7, 2008 RESOLUTION NO. 9517 - A Resolution of the City Council of the City of Vernon Repealing Resolution No. 4803 and Any Other Resolution Referencing the Positions of Chief Executive Officer and Operations Manager of the Light & Power Department, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9517 be approved and adopted. Motion carried. RESOLUTION NO. 9518 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Business Markets Master Service Agreement and Service Order Form By and Between the City of Vernon and Level 3 Communications, LLC, Formerly Wiltel Communications LLC, for Fiber Optic Internet Access, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9518 be approved and adopted. Motion carried. RESOLUTION NO. 9520 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Supplemental Agreement Between the City of Los Angeles and the City of Vernon Regarding the Use of 2005 Urban Areas Security Initiative Grant Funds, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9520 be approved and adopted. Motion carried. RESOLUTION NO. 9521 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Election Consultant Services By and Between the City of Vernon and Hudson Consulting Services, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9521 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1232, covering claims and demands presented during the period of December 13, 2007, through January 2, 2008, drawn on Bank of America totaling $55,819.34, which includes Check Nos. 318700 through 318744, (Accounting period January 2008), was presented. It was moved by Ybarra, seconded by McCormick, that the issuance of early checks for Warrant Register No. 1232, covering claims and demands totaling $55,819.34, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Warrant Register No. 1232, covering claims and demands presented during the period of December 13, 2007, through January 2, 2008, drawn on Bank of America totaling $6,238.58, which includes Wire Nos. 265 through 266 (Accounting period January 2008), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1232, covering claims and demands totaling $6,238.58, be ratified. Motion carried. Page 6 of 10 Regular City Council Meeting Minutes January 7, 2008 Warrant Register No. 1232, covering claims and demands presented during the period of December 13, 2007, through January 2, 2008, drawn on Bank of America totaling $926,731.48, which includes Check Nos. 318745 through 318904 (Accounting period January 2008), was presented. It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 1232 be approved and payment authorized for claims and demands totaling $926,731.48. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 197, covering claims and demands presented during the period of December 13, 2007, through January 2, 2008, drawn on Bank of America totaling $31,863.82, which includes Check Nos. 505007 through 505018 (Accounting period January 2008), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 197, covering claims and demands totaling $31,863.82, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Light & Power Warrant Register No. 197, covering claims and demands presented during the period of December 13, 2007, through January 2, 2008, drawn on Bank of America totaling $6,633,046.53, which includes Wire Nos. 3788 through 3819 (Accounting period January 2008), was presented. It was moved by Ybarra, seconded by McCormick, that wire transfers for Light & Power Warrant Register No. 197, covering claims and demands totaling $6,633,046.53, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Light & Power Warrant Register No. 197, covering claims and demands presented during the period of December 13, 2007, through January 2, 2008, drawn on Bank of America totaling $85,363.86, which includes Check Nos. 505019 through 505053, (Accounting period January 2008), was presented. It was moved by Davis, seconded by Ybarra, that Light & Power Warrant Register No. 197 be approved and payment authorized for claims and demands totaling $85,363.86. Motion carried. The City Administrator announced that now was the time for elected officials to report on conferences/seminars during the period of December 17, 2007 through January 6, 2008. Elected officials had nothing to report for the period of December 17, 2007 through January 6, 2008. The City Administrator announced that now was the time for reports from departments. Page 7 of 10 Regular City Council Meeting Minutes January 7, 2008 The Fire Chief provided an update on the positive results of the Firefighter Reserve Program and the Spark of Love Toy Drive, in which over 35,000 toys were received and distributed. He also advised that a City fire engine would be on -site during the Preferred Freezer Services Grand Opening on January 14, 2008, from 2:00 to 6:00 p.m. for safety purposes. Police Captain Rodino, who attended the meeting in place of the Chief of Police, wished the City Council a Happy New Year. The Director of Personnel advised that a representative from Mercer Group would be at the City this month to meet with all City employees regarding the compensation study. The City Treasurer had nothing to report at this time. The Director of Environmental Health advised that the 2008 Used Oil Recycling Calendar Awards would be distributed at the January 22, 2008 City Council meeting. He also stated that two fifth grade classes would be attending the meeting and touring City Hall and Fire Station No. 2 on that day. The Director of Community Services & Water provided updates on the following: I.Demolition Project at 5119 District Boulevard 2. Phase II of the City Housing Renovation Project 3.26th Street Bridge Project, on which the Director planned to give a presentation at the January 8, 2008 Finance Committee meeting. He advised that he would seek direction with regard to the memorial after the presentation. The Director of Community Services & Water also advised of the developments at the Southeast Cities Water Coalition meeting on January 4, 2008, with regard to a new water allocation plan being proposed, and reported on water related impacts to the City based on its reliance on the Metropolitan Water District of Southern California (MWD). He requested authority to send a letter to the MWD supporting the 45-day review period of the proposed plan. The City Council granted authorization to the Director of Community Services & Water to execute and send a letter to the MWD supporting the 45-day review period of the proposed water allocation plan. The Transmission & Distribution Manager, who attended the meeting in place of the Director of Light & Power, advised that recent media reports of outages due to the recent rainstorms were inaccurate, and that only one minor outage occurred on December 26, 2007. He also reported that one internet/fiber optic outage occurred recently and that he would obtain more information on said outage. The City Clerk advised the City Council that the new paragraph at the beginning of the agenda regarding the availability of agenda related disclosable records will be included on all agendas from this point forward in accordance with SB 343. Page 8 of 10 Regular City Council Meeting Minutes January 7, 2008 The City Administrator distributed copies of the December 21, 2007 Standard & Poor's Rating Report to all the Councilmembers and provided an update on the licensing for the Vernon Power Plant Project. He also reported that the Taskforce for Regional Autotheft Prevention (TRAP) Central Team is in need of a new no- or low-cost location as a result of cut backs in the State budget and proposed that the City provide public service support by housing the TRAP Central Team on the 3rd floor of City Hall, subject to review of the floor plan by the Director of Community Services & Water. The Mayor called a recess at 11:21 a.m. The City Council reconvened in regular session at 11:30 a.m., all members present before the recess again being present. 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 11:30 a.m. Motion carried. Everyone was excluded from closed session with the exception of the Director of Personnel, 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. The Director of Personnel was excused from closed session at 11:35 a.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 12:04 p.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding two Public Employment matters pursuant to Government Code Section 54957 and the following new hire requests were approved. 1. Erik Stene, Engineering Aide, step 3, effective January 8, 2008. 2. Rafael Cortes, Utilityman II, step 5, effective January 22, 2008. 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. Page 9 of 10 Regular City Council Meeting Minutes January 7, 2008 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 12:04 p.m. Motion carried. N ATT T: anuela Giron City Clerk Name: Leonis C.�Malburg Title: Mayor Page 10 of 10