Loading...
20080818 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 18, 2008, AT 10:07 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 43.05 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, Davis, McCormick MEMBERS ABSENT: Malburg, Ybarra The meeting was called to order by Mayor Pro-Tem Gonzales. The City Administrator advised that there were no changes to the agenda. It was moved by Davis, seconded by McCormick, that the Minutes of the Regular City Council Meeting held August 4, 2008, be approved and adopted as submitted. Motion carried. It was moved by McCormick, seconded by Davis, that the Minutes of the Special City Council Meeting held August 12, 2008, be approved and adopted as submitted. Motion carried. The City Administrator announced that this was the time to present "A Proclamation of the Mayor and the City Council of the City of Vernon Congratulating the Following Companies on Receiving a Certificate of Recognition from the County Sanitation Districts of Los Angeles County in Recognition of Their Compliance with Industrial Wastewater Discharge Requirements for 2007." The Mayor Pro-Tem presented framed versions of the aforementioned proclamation to representatives from the following companies and extended congratulations to each on behalf of the City Council. 1. A & G ENGRAVING, INC. 2. ALLIED FEATHER & DOWN CORP. 3. ARTIC GLACIER VERNON 4. BARKSDALE, INC.. 5. C.R. LAURENCE CO. 6. CAMINO REAL FOODS, INC. 7. CHRISTENSEN PLATING WORKS, INC. 8. COAST PACKING CO. 9. FANTASY DYEING AND FINISHING 10. FISHERMAN'S PRIDE PROCESSING, INC. 11. KING MEAT, INC. 12. KROGER CO. 13. LIGHT AND POWER DEPARTMENT OF THE CITY OF VERNON 14. OFI MARKESA INTERNATIONAL 15. PABCO PAPER PRODUCTS 16. RITE -WAY MEAT PACKERS, INC. 17. SIEMENS WATER TECHNOLOGIES 18. SOUTHLAND BOX COMPANY 19. SOUTHWEST PROCESSORS, INC. 20. STERIGENICS US, LLC 21. TEMPO INDUSTRIES, INC. 22. WIMATEX, INC. Regular City Council Meeting Minutes August 18, 2008 The Director of Community Services & Water thanked the representatives from the aforementioned companies for attending and congratulated them on doing such a great job. Representatives from the following companies were unable to attend the meeting and the Director of Environmental Health advised that their framed proclamations would be hand delivered to them. 1. AEROJET-GENERAL CORP. - NORRIS OPERATION 2. AIR PRODUCTS & CHEMICALS, INC. 3. AMERIPRIDE UNIFORM SERVICES 4. ANGELUS SANITARY CAN MACHINE CO. 5. ARCADIA, INC. 6. ENGINEERED APPLICATIONS 7. EXXONMOBIL OIL CORP. 8. GARDNER - GIBSON, INC. 9. J & J SNACK FOODS CORP. OF CA. 10.MRS. GOOCH'S NATURAL FOOD MARKETS, INC. 11.NORMAN, FOX & CO. 12.OVERHILL FARMS, INC. 13. PACKAGING CORP. OF AMERICA 14. PAPA CANTELLA'S, INC. 15.RANDALL FOODS INC. 16. REYNALDO'S MEXICAN FOOD CO., LLC 17.SELF INDUSTRIES, INC. 18.WEST COAST RENDERING CO. 19.YONEKYU U.S.A, INC. The City Administrator announced that this was the time for anyone in the audience 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 Pro-Tem asked if there was anyone in the audience who wished to address the City Council at this time. There was no one in the audience who wished to address the City Council at this time. The City Administrator announced that this was the time to open the public hearing regarding Vernon's conformance with the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority. It was moved by Davis, seconded by McCormick, to open the public hearing regarding Vernon's conformance with the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority, the time being 10:25 a.m. Motion carried. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. The Director of Community Services & Water summarized the staff report regarding this matter. The Mayor Pro-Tem asked if there was anyone else who wished to address the City Council on this matter. Page 2 of 12 Regular City Council Meeting Minutes August 18, 2008 There was no one else who wished to address the City Council on this matter. It was moved by Davis, seconded by McCormick, to close the public hearing regarding Vernon's conformance with the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority, the time being 10:27 a.m. Motion carried. RESOLUTION NO. 9690 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in Accordance with California Government Code Section 65089, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9690 be approved and adopted. Motion carried. The City Administrator announced that this was the time to open the public hearing to consider a Zoning Code Amendment Application submitted by Gorilla Automotive Products to require all nonconforming uses to be brought into compliance with the City's noise and vibration standard. It was moved by McCormick, seconded by Davis, to open the public hearing to consider a Zoning Code Amendment Application submitted by Gorilla Automotive Products to require all nonconforming uses to be brought into compliance with the City's noise and vibration standard, the time being 10:28 a.m. Motion carried. The Mayor Pro-Tem asked if there was anyone in the audience who wished to address the City Council on this matter. The Director of Community Services & Water summarized the staff report on this matter as well as four letters he received from Vernon property owners and businesses in response to Gorilla Automotive Products' request, and recommended the request be denied. Mr. Peter Schermer, President and owner of Gorilla Automotive Products, addressed the City Council and advised them that his company had been in Vernon for approximately 25 years. He advised that the company recently relocated to 2011 East 49th Street and was currently encountering extreme noise and vibration similar to those of an earthquake, which were produced by Ajax Forge Co. Mr. Schermer asked the City Council for assistance with this problem to at least minimize the vibration. Another member of the audience addressed the City Council and expressed his concern regarding the health and well- being of employees in other neighboring businesses. He also stated that City standards should apply equally to all businesses and that the "grandfather" policy was not sufficient. He asked that the City Council support the request from Gorilla Automotive Products. Page 3 of 12 Regular City Council Meeting Minutes August 18, 2008 Mr. Jeff McElrath, President of Ajax Forge Co., addressed the City Council and advised them that his company had been operating in Vernon since 1939. He stated that, due to the nature of his company's activity, it would be unable to operate if the Zoning Code Amendment requested by Gorilla Automotive Products was implemented. Mr. McElrath also submitted a letter opposing Gorilla Automotive Products' request to the City Council at this meeting. Mr. Frank De La Riva, an employee of Ajax Forge Co., addressed the City Council on behalf of all the company's employees, most of whom have been with the company for a long time, and advised them of their past relationships with neighboring businesses and the safety protection requirements Ajax Forge Co. adheres to. The Mayor Pro-Tem asked if there was anyone else who wished to address the City Council on this matter. There was no one else who wished to address the City Council on this matter. The Mayor Pro-Tem thanked all the aforementioned speakers on this matter for their comments. He stated that the City of Vernon is a unique, industrial city. He supported the recommendation of the Director of Community Services & Water. It was moved by McCormick, seconded by Davis, to close the public hearing to consider a Zoning Code Amendment Application submitted by Gorilla Automotive Products to require all nonconforming uses to be brought into compliance with the City's noise and vibration standard, the time being 11:00 a.m. Motion carried. RESOLUTION NO. 9696 - A Resolution of the City Council of the City of Vernon Denying a Request from Peter Schermer of Gorilla Automotive Products for an Amendment of Vernon City Code Section 26.5.3 Relating to Legal Nonconforming Uses, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9696 be approved and adopted. Motion carried. The Consent Calendar was presented. CONSENT CALENDAR City Treasurer's Department 1. Ratification of the following warrant registers to record the following voided checks: ■ Warrant Register No. 1242 to record voided Check No. 320816 in the amount of $99.54 issued to Agencies Tool Center, Inc. on June 2, 2008. ■ Warrant Register No. 1244 to record voided Check No. 321399 in the amount of $869.62 issued to Silva's Printing on July 7, 2008. ■ Light & Power Warrant Register No. 211 to record voided Check No. 505745 in the amount of $37.23 issued to Service Mailers, Inc. on July 22, 2008. Page 4 of 12 Regular City Council Meeting Minutes August 18, 2008 2. Ratification of the issuance of checks for Payroll Warrant Register No. 626 covering claims and demands presented during the period of June 8 through July 19, 2008, drawn on Bank of America totaling $4,396,535.40 - $3,563,834.31 paid through electronic funds transfers (EFTS), $831,363.87 paid through General Warrant Register, and $1,337.22 paid through Gas Warrant Register (Accounting period July 2008). 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 July 24 through August 10, 2008, drawn on The Bank of New York Mellon Corporation totaling $229,910.53, which includes Requisition Nos. LCD422 through_LCD429. 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 July 15 through August 14, 2008, drawn on The Bank of New York Mellon Corporation totaling $4,315,575.48, which includes Requisition Nos. RPF023 through RPF024. Community Services & Water Department 5. Building Permit Report for the month of July 2008, to be received and filed. Fire Department 6. Fire Department Activity Report for the period of August 1 through August 13, 2008, to be received and filed. Health Department 7. Health Department Monthly Report for July 2008, to be received and filed. Police Department 8. Police Department Activity Log for the period of August 1 through August 13, 2008, to be received and filed. End of Consent Calendar It was moved by Davis, seconded by McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request from a member of the City Council for authorization and funds for three City Councilmembers and one City Consultant to attend the 1134th International Food and Beverage Exhibition" (FOODEX 2009) in Tokyo, Japan on March 3ra through March 6th, 2009, was presented. It was moved by McCormick, seconded by Davis, to authorize three City Councilmembers and one City Consultant to attend the "34th International Food and Beverage Exhibition" (FOODEX 2009) in Tokyo, Japan on March 3ra through March 6th, 2009, and to authorize the disbursement of the appropriate funds in connection with said attendance. Motion carried. Page 5 of 12 Regular City Council Meeting Minutes August 18, 2008 Request.from the Director of Community Services & Water for approval of and authorization to execute Change Order No. 1 to Contract No. 610 with AES Enterprises, Inc. in the amount of $58,000.00 for additional, specialized cleaning of the sewer system, was presented. It was moved by Davis, seconded by McCormick, to approve Change Order No. 1 to Contract No. 610 with AES Enterprises, Inc. in the amount of $58,000.00 for additional, specialized cleaning of the sewer system, and to authorize the Director of Community Services & Water to execute said change order. Motion carried. Request from the Director of Community Services & Water for approval of and authorization to execute Change Order No. 1 to Contract No. 612 with American Wrecking, Inc. in the amount of $88,567.00 for the demolition of the remaining building, pavement, and fencing at the Thermador site at 5119 and 5201 District Boulevard, was presented. It was moved by Davis, seconded by McCormick, to approve Change Order No. 1 to Contract No. 612 with American Wrecking, Inc. in the amount of $88,567.00 for the demolition of the remaining building, pavement, and fencing at the Thermador site at 5119 and 5201 District Boulevard, and to authorize the Director of Community Services & Water to execute said change order. Motion carried. Request from the Director of Community Services & Water for approval and execution of an Easement Deed from the City of Vernon to the Alameda Corridor Transportation Authority for a short strip of property along the west side of the East Alameda Street roadway at 37th Street, was presented. It was moved by McCormick, seconded by Davis, to approve and execute an Easement Deed from the City of Vernon to the Alameda Corridor Transportation Authority for a short strip of property along the west side of the East Alameda Street roadway at 37th Street. Motion carried. RESOLUTION NO. 9691 - 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 2009 Chevrolet Suburban for the Fire Department, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9691 be approved and adopted. Motion carried. RESOLUTION NO. 9692 - 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 Police Department, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9692 be approved and adopted. Motion carried. RESOLUTION NO. 9693 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Software Service Attachment Renewal By and Between the City of Vernon and Visionair Inc., was read by title. Page 6 of 12 Regular City Council Meeting Minutes August 18, 2008 It was moved by McCormick, seconded by Davis, that Resolution No. 9693 be approved and adopted. Motion carried. RESOLUTION NO. 9694 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and On - Site Health Screening, Inc. for Blood Screening Services, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9694 be approved and adopted. Motion carried. RESOLUTION NO. 9695 - A Resolution of the City Council of the City of Vernon Approving the Conversion of the Interest Rate Period for Vernon Natural Gas Financing Authority Revenue Bonds; Approving a Disclosure Document in Connection with such Bonds; and Authorizing and Approving Other Documents and Authorizing Certain Other Actions in Connection with the Conversion of such Bonds of the Authority, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9695 be approved and adopted. Motion carried. RESOLUTION NO. 9697 - A Resolution of the City Council of the City of Vernon to Establish and Implement an Amended Electric Energy Fuel Cost Adjustment Factor, Procedure and Computation Method Which Establishes a Fuel Cost Adjustment to be Billed Under all Rate Schedules for Energy Transmitted, Distributed, and Supplied to City of Vernon Electrical Consumers, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9697 be approved and adopted. Motion carried. RESOLUTION NO. 9698 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of James A. Wohlt, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156), was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9698 be approved and adopted. Motion carried. RESOLUTION NO. 9699 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Agreement By and Between the City of Vernon and the Gateway Cities Council of Governments Regarding the Administration and Cost Sharing of the Coordinated Monitoring Plan for the Los Angeles River and Tributaries Metals TMDL, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9699 be approved and adopted. Motion carried. RESOLUTION NO. 9700 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Full Settlement and Release of all Claims Related to the Easement Claim By and Between the City of Vernon and First American Title Insurance Company and North American Title Company, was read by title. Page 7 of 12 Regular City Council Meeting Minutes August 18, 2008 It was moved by McCormick, seconded by Davis, that Resolution No. 9700 be approved and adopted. Motion carried. RESOLUTION NO. 9701 - A Resolution of the City Council of the City of Vernon Designating the City's Representative for Dispute Resolution and Delegating to said Representative Complete Authority to Resolve all Matters Relating to its Contractual Relationship with Bicent (California) Power LLC, was read by title. It was moved McCormick, seconded by Davis, that Resolution No. 9701 be approved and adopted. Motion carried. RESOLUTION NO. 9702 - A Resolution of the City Council of the City of Vernon Excusing Leonis C. Malburg from Attendance at Meetings of the City Council and Boards and Commissions from February Through March 2007 and Excusing Thomas A. Ybarra from Attendance at Meetings of the City Council and Boards and Commissions from May 19, 2008, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9702 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1247, covering claims and demands presented during the period of July 31 through August 13, 2008, drawn on Bank of America totaling $624,006.66, which includes Check Nos. 321760 through 321809 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Gonzales, that the issuance of early checks for Warrant Register No. 1247, covering claims and demands totaling $624,006.66, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. The City Administrator advised that there were no wire transfers made for Warrant Register No. 1247. Warrant Register No. 1247, covering claims and demands presented during the period of July 31 through August 13, 2008, drawn on Bank of America totaling $809,967.26, which includes Check Nos. 321810 through 321957 (Accounting period August 2008), was presented. It was moved by Davis, seconded by McCormick, that Warrant Register No. 1247 be approved and payment authorized for claims and demands totaling $809,967.26. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 212, covering claims and demands presented during the period of July 31 through August 13, 2008, drawn on Bank of America totaling $38,895.50, which includes Check Nos. 505783 through 505801 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Gonzales, that the issuance of early checks for Light & Power Warrant Register No. 212, covering claims and demands totaling $38,895.50, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Page 8 of 12 Regular City Council Meeting Minutes August 18, 2008 Ratification of wire transfers for Light & Power Warrant Register No. 212, covering claims and demands presented during the period of July 31 through August 13, 2008, drawn on Bank of America totaling $1,925,046.65, which includes Wire Nos. 4038 through 4047 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 212, covering claims and demands totaling $1,925,046.65, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Light & Power Warrant Register No. 212, covering claims and demands presented during the period of July 31 through August 13, 2008, drawn on Bank of America totaling $117,435.79, which includes Check Nos. 505802 through 505828 (Accounting period August 2008), was presented. It was moved by Davis, seconded by McCormick, that Light & Power Warrant Register No. 212 be approved and payment authorized for claims and demands totaling $117,435.79. Motion carried. Ratification of the issuance of early checks for Gas Warrant Register No. 3, covering claims and demands presented during the period of July 31 through August 13, 2008, drawn on Bank of America totaling $99.62, which includes Check Nos. 15 through 18, excluding void Check No. 15 (Accounting period August 2008), was presented. It was moved by McCormick, seconded by Davis, that the issuance of early checks for Gas Warrant Register No. 3, covering claims and demands totaling $99.62, be ratified. Motion carried. The City Administrator advised that there were no wire transfers made for Gas Warrant Register No. 3. Gas Warrant Register No. 3, covering claims and demands presented during the period of July 31 through August 13, 2008, drawn on Bank of America totaling $33,657.64, which includes Check Nos. 19 through 22 (Accounting period August 2008), was presented. It was moved by Davis, seconded by McCormick, that Gas Warrant Register No. 3 be approved and payment authorized for claims and demands totaling $33,657.64. Motion carried. The City Administrator announced that this was the time for elected officials to report on conferences/seminars attended during the period of August 4 through August 17, 2008. The Mayor Pro-Tem reported on the Renewable Energy Conference he and Councilman McCormick attended on August 7th and 8th, 2008, in Seattle, Washington, where new energy technology was introduced and the limited congressional support was addressed. Page 9 of 12 Regular City Council Meeting Minutes August 18, 2008 Councilman McCormick reported on the anticipated mandates with regard to renewable energy in California and the high costs associated with the production of wind and solar energy. The City Administrator announced that this was the time for reports from departments. The Fire Chief reported on the following: 1. A recent fundraiser he attended at the YMCA in Huntington Park. 2. The hiring of four firefighter reserves. 3. A firefighter deployed to Iraq for his second tour. He advised that the firefighter's position would be held open for his return. 4. CPR training classes scheduled for August 19th, 20th, and 2 6th 5. The application period for the Fire Marshall position, which was coming to a close. The Chief of Police advised of a request from the Huntington Park Police Department for assistance at their Juveniles at Risk (JAR) event in mid November. The City Treasurer had nothing to report at this time. The Director of Personnel had nothing to report at this time. The Finance Director reported on the progress of the audit for the 2007-2008 fiscal year. The Director of Environmental Health reported on his department's involvement in the demolition of the Thermador and Smurfit -Stone sites. The Director of Community Services & Water reported on the following: I.The City -owned Housing Renovation Project: a. The houses on Furlong Place were scheduled to be completed by the end of August. b. The apartments on 50th Street were scheduled to be completed by the end of September. 2. The 26th Street Bridge Project, which had been completed. He was working with the Police Department on the design of a memorial plaque to be displayed on Bandini Boulevard and Pennington Way for the grand opening of the bridge. 3. The 26th Street Improvement Project, which was on schedule. 4. The Smurfit -Stone site demolition: a. The contamination testing and concrete destruction was moving along. b. Removing gas tanks using the same contractor that was used at the Thermador site. Page 10 of 12 Regular City Council Meeting Minutes August 18, 2008 The Director of Community Services & Water also provided an update on the water wells located at the Smurfit - Stone site. He advised that one well was contaminated and recommended a consultant be hired to conduct a study on all the abandoned wells at that site. The Director of Light & Power reported on the following matters with regard to the Malburg Generating Station: 1. He was working with Bicent on billing procedures. 2. The cancellation of the outage for the performance test. 3. The recommended outage schedule every three weeks to service the steam turbine. 4. The overall outage rating decrease. The Director of Light & Power also reported on the department's on -going inventory and the financial structure of the Gas System. The City Attorney had nothing to report at this time. The City Clerk had nothing to report at this time. Councilman Davis reported on a meeting he, Mayor Pro- Tem Gonzales, and Councilman McCormick held in the Council Chamber on Thursday, August 14, 2008, with a delegation of local government officials from China. The Mayor Pro-Tem advised that the City was becoming more well-known internationally as a result of its participation in various programs overseas. Councilman McCormick had nothing to report at this time. The City Administrator distributed and discussed the following items: 1. The August 2008 Credit Presentation on the rate conversion of the 2006 Gas Bonds, Series B and C, and the 2008 Electric System Revenue Bonds 2. A California Energy Markets article on a court ruling regarding the South Coast Air Quality Management District and pollution credits. 3. A map of wind power areas in California. The Mayor Pro-Tem called a short recess at 11:56 a.m. The City Council reconvened in regular session at 12:03 p.m., all members present before the recess again being present. The City Administrator announced that this was the time to go into closed session. It was moved by McCormick, seconded by Davis, that the City Council go into closed session, the time being 12:03 p.m. Motion carried. Page 11 of 12 Regular City Council Meeting Minutes August 18, 2008 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 Pro-Tem ordered all communications to and from closed session deemed privileged and confidential. The City Attorney was excused from closed session at 12:10 p.m. It was moved by McCormick, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 12:44 p.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. BC 331516 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 two potential cases of litigation pursuant to subdivision (b) of Government Code Section 54956.9, and no action was taken with regard to said matters. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting be adjourned, the time being 12:44 p.m. Motion carried. ATTEST: ti anuela Giron City Clerk Name: Hilario Gonzales Title: Mayor Pro-Tem Page 12 of 12