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.
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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.
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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.
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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
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