20081020 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
OCTOBER 20, 2008, AT 10:00 A.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
The City Clerk advised that there were no changes to
the agenda.
It was moved by Davis, seconded by McCormick, that the
Minutes of the Regular City Council Meeting held October 6,
2008, be approved and adopted as submitted. Motion carried.
The City Clerk 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 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 Clerk announced that this was the time to
open the public hearing to consider granting a variance from
Section 26.5.1-6(f) and (h) of the Comprehensive Zoning
Ordinance, Developments Standards, to Hansen Family Trust
located at 4410 District Boulevard.
It was moved by Gonzales, seconded by Davis, to open
the public hearing to consider granting a variance from Section
26.5.1-6(f) and (h) of the Comprehensive Zoning Ordinance,
Developments Standards, to Hansen Family Trust located at 4410
District Boulevard, the time being 10:07 a.m. Motion carried.
The Director of Community Services summarized the
staff report on this matter and gave a Power Point presentation.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
Mr. Barry Siegel, the architect for Hansen Family
Trust, addressed the City Council and offered to answer any
questions the City Council had.
The City Council did not have any questions for Mr.
Siegel at this time.
The Mayor 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.
Regular City Council Meeting Minutes
October 20, 2008
It was moved by Gonzales, seconded by McCormick, to
close the public hearing to consider granting a variance from
Section 26.5.1-6(f) and (h) of the Comprehensive Zoning
Ordinance, Developments Standards, to Hansen Family Trust
located, at 4410 District Boulevard, the time being 10:14 a.m.
Motion carried.
RESOLUTION NO. 9746 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Hansen Family Trust
from Section 26.5.1-6(f) and (h) of the Comprehensive Zoning
Ordinance, for the Properties Located at 4410 and 4404 District
Boulevard in the City of Vernon, was read by title.
It was moved by McCormick, seconded by Davis, that
Resolution No. 9746 be approved and adopted. Motion carried.
The City Clerk announced that this was the time to
open the public hearing to consider granting a variance from
Section 26.5.1-6(b) of the Comprehensive Zoning Ordinance,
Minimum Truck Loading Requirements, to Vazgen Galadjian located
at 5820 Alameda Street.
It was moved by Davis, seconded by Gonzales, to open
the public hearing to consider granting a variance from Section
26.5.1-6(b) of the Comprehensive Zoning Ordinance, Minimum Truck
Loading Requirements, to Vazgen Galadjian located at 5820
Alameda Street, the time being 10:15 a.m. Motion carried.
The Director of Community Services summarized the
staff report on this matter, gave a Power Point presentation,
and recommended that the requested variance be granted to Vazgen
Galadjian.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on this matter.
Mr. Galadjian, owner of the property at 5820 Alameda
Street, addressed the City Council and offered to answer any
questions the City Council had.
The City Council did not have any questions for Mr.
Galadjian at this time.
The Mayor 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.
It was moved McCormick, seconded by Gonzales, to close
the public hearing to consider granting a variance from Section
26.5.1-6(b) of the Comprehensive Zoning Ordinance, Minimum Truck
Loading Requirements, to Vazgen Galadjian located at 5820
Alameda Street, the time being 10:20 a.m. Motion carried.
RESOLUTION NO. 9747 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Vazgen Galadjian
from Section 26.5.1-6(b) of the Comprehensive Zoning Ordinance,
for the Property Located at 5820 Alameda Street in the City of
Vernon, was read by title.
Page 2 of 9
Regular City Council Meeting Minutes
October 20, 2008
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9747 be approved and adopted. Motion carried.
ORDINANCE NO. 1149 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Amending Section 2.1 and Deleting Section
2.5-4 of Chapter 2, Article I, Administration, was read by title
for a first reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1149 be approved and adopted. Motion carried.
Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick
Noes: None
Absent: None
Abstained: None
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. 1247 to record voided Check No.
321919 in the amount of $869.62 issued to Silva's
Printing on August 18, 2008.
■ Warrant Register No. 1248 to record voided Check No.
322064 in the amount of $57.60 issued to Good Samaritan
Hospital on September 8, 2008.
2. Ratification of the issuance of checks for Payroll Warrant
Register No. 627 covering claims and demands presented during
the period of July 20 through August 16, 2008, drawn on Bank of
America totaling $3,075,010.95 - $2,450,057.79 paid through
electronic funds transfers (EFTS), $6,016.69 paid through Early
Check No. 9607, and $618,936.47 paid through General Warrant
Register (Accounting period August 2008).
3. Ratification of City of Vernon Requisitions from the City
of Vernon Custody Escrow Account No. 800452 covering claims and
demands presented during the period of September 5 through
September 30, 2008, drawn on The Bank of New York Mellon
Corporation totaling $2,282,273.03, which includes Requisition
Nos. CE345 through CE347.
4. Ratification of City of Vernon Requisitions from the Legal
Counsel Disbursement Custody Escrow Account No. 800458 covering
claims and demands presented during the period of September 5
through September 30, 2008, drawn on The Bank of New York Mellon
Corporation totaling $499,279.14, which includes Requisition
Nos. LCD450 through LCD468.
Community Services & Water Department
5. Building Permit Report for the month of August 2008, to be
received and filed.
Page 3 of 9
Regular City Council Meeting Minutes
October 20, 2008
Fire Department
6. Fire Department Activity Report for the period of September
1 through September 15, 2008, to be received and filed.
7. Fire Department Activity Report for the period of September
16 through September 30, 2008, to be received and filed.
Health & Environmental Control Department
8. Health & Environmental Control Department Monthly Report
for August 2008, to be received and filed.
Police Department
9. Police Department Activity Log for the period of September
1 through September 15, 2008, to be received and filed.
10. Police Department Activity Log for the period of September
16 through September 30, 2008, to be received and filed.
End of Consent Calendar
It was moved by Gonzales, seconded by Davis, that the
matters on the Consent Calendar be approved as recommended.
Motion carried.
Request from the Director of Community Services &
Water for ratification of the execution of Change Order No. 7 to
the contract with American Wrecking, Inc. in the amount of
$48,668.00 to transport stockpiled soil from the 55th Street
Recycling Yard to the Smurfit -Stone demolition site, was
presented.
It was moved by McCormick, seconded by Davis, to
ratify the execution of Change Order No. 7 to the contract with
American Wrecking, Inc. in the amount of $48,668.00 to transport
stockpiled soil from the 55th Street Recycling Yard to the
Smurfit -Stone demolition site. Motion carried.
Request from the Director of Community Services &
Water for approval of and authorization to execute Change Order
No. 8 to the contract with American Wrecking, Inc. in the amount
of $55,000.00 to remove and dispose of contaminated soil from
the Smurfit -Stone demolition site, was presented.
It was moved by Gonzales, seconded by McCormick, to
approve Change Order No. 8 to the contract with American
Wrecking, Inc. in the amount of $55,000.00 to remove and dispose
of contaminated soil from the Smurfit -Stone demolition site, and
to authorize the Director of Community Services & Water to
execute said change order. Motion carried.
RESOLUTION NO. 9736- A Resolution of the City Council
of the City of Vernon Approving a Conflict of Interest Code for
the Vernon Historic Preservation Society, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9736 be approved and adopted. Motion carried.
Page 4 of 9
Regular City Council Meeting Minutes
October 20, 2008
RESOLUTION NO. 9737 - A Resolution of the City Council
of the City of Vernon Approving a Conflict of Interest Code for
the Industrial Development Authority of the City of Vernon, was
read by title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9737 be approved and adopted. Motion carried.
RESOLUTION NO. 9738 - A Resolution of the City Council
of the City of Vernon Approving a Conflict of Interest Code for
the Redevelopment Agency of the City of Vernon, was read by
title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9738 be approved and adopted. Motion carried.
RESOLUTION NO. 9739 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for the "Avoid the 100 DUI Campaign (West) Los
Angeles County" By and Between the Vernon Police Department and
the Gardena Police Department, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9739 be approved and adopted. Motion carried.
RESOLUTION NO. 9740 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Vehicle Purchase Contract By and Between the City of Vernon
and Camino Real Chevrolet and Repealing Resolution No. 9692, was
read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9740 be approved and adopted. Motion carried.
RESOLUTION NO. 9741 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of Two 2009 Ford
Escape Vehicles for the Fire Department, was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9741 be approved and adopted. Motion carried.
RESOLUTION NO. 9742 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of
an Amendment to Grant Deed Relating to the Sale of Property
Located at 5001 S. Soto Street to DP Vernon, LLC, was read by
title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9742 be approved and adopted. Motion carried.
RESOLUTION NO. 9743 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Base Contract for Sale and Purchase of Natural Gas By and
Between the City of Vernon and BP Energy Company, was read by
title.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 9743 be approved and adopted. Motion carried.
Page 5 of 9
Regular City Council Meeting Minutes
October 20, 2008
RESOLUTION NO. 9744 - A Resolution of the City Council
of the City of Vernon Instructing all City Department Heads to
Consider the Procurement of Environmentally Preferable Vehicles,
was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9744 be approved and adopted. Motion carried.
RESOLUTION NO. 9745 - A Resolution of the City Council
of the City of Vernon Approving the Development of an
Environmental Sustainability Plan by the Health & Environmental
Control Department, was read by title.
It was moved by Davis, seconded by McCormick, that
Resolution No. 9745 be approved and adopted. Motion carried.
Ratification of the issuance of early checks for
Warrant Register No. 1251, covering claims and demands presented
during the period of October 1 through October 14, 2008, drawn
on Bank of America totaling $65,419.02, which includes Check
Nos. 322565 through 322604 (Accounting period October 2008), was
presented.
It was moved by Gonzales, seconded by McCormick, that
the issuance of early checks for Warrant Register No. 1251,
covering claims and demands totaling $65,419.02, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Ratification of wire transfers for Warrant Register
No. 1251, covering claims and demands presented during the
period of October 1 through October 14, 2008, drawn on Bank of
America totaling $12,000.00, which includes Wire No. 290
(Accounting period October 2008), was presented.
It was moved by Davis, seconded by McCormick, that
wire transfers for Warrant Register No. 1251, covering claims
and demands totaling $12,000.00, be ratified. Motion carried.
Warrant Register No. 1251, covering claims and demands
presented during the period of October 1 through October 14,
2008, drawn on Bank of America totaling $1,078,303.88, which
includes Check Nos. 322605 through 322779 (Accounting period
October 2008), was presented.
It was moved Gonzales, seconded by Davis, that Warrant
Register No. 1251 be approved and payment authorized for claims
and demands totaling $1,078,303.88. Motion carried.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 216, covering claims and demands
presented during the period of October 1 through October 14,
2008, drawn on Bank of America totaling $10,387.78, which
includes Check Nos. 505965 through 505977 (Accounting period
October 2008), was presented.
It was moved by McCormick, seconded by Gonzales, that
the issuance of early checks for Light & Power Warrant Register
No. 216, covering claims and demands totaling $10,387.78, be
ratified. Motion carried. Councilman Davis abstained and
disqualified himself on this matter.
Page 6 of 9
Regular City Council Meeting Minutes
October 20, 2008
Ratification of wire transfers for Light & Power
Warrant Register No. 216, covering claims and demands presented
during the period of October 1 through October 14, 2008, drawn
on Bank of America totaling $1,991,506.60, which includes Wire
Nos. 4103 through 4111 (Accounting period October 2008), was
presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Light & Power Warrant Register No. 216,
covering claims and demands totaling $1,991,506.60, be ratified.
Motion carried. Councilman Davis abstained and disqualified
himself on this matter.
Light & Power Warrant Register No. 216, covering
claims and demands presented during the period of October 1
through October 14, 2008, drawn on Bank of America totaling
$215,994.94, which includes Check Nos. 505978 through 506012
(Accounting period October 2008), was presented.
It was moved by Davis, seconded by Gonzales, that
Light & Power Warrant Register No. 216 be approved and payment
authorized for claims and demands totaling $215,994.94. Motion
carried.
The City Clerk advised that there were no early checks
issued for Gas Warrant Register No. 7.
The City Clerk advised that there were no wire
transfers issued for Gas Warrant Register No. 7.
Gas Warrant Register No. 7, covering claims and
demands presented during the period of October 1 through October
14, 2008, drawn on Bank of America totaling $15,979.67, which
includes Check Nos. 50 through 53 (Accounting period October
2008), was presented.
It was moved by McCormick, seconded by Davis, that Gas
Warrant Register No. 7 be approved and payment authorized for
claims and demands totaling $15,979.67. Motion carried.
The City Clerk announced that this was the time for
elected officials to report on conferences/seminars attended
during the period of October 6 through October 19, 2008.
It was reported that Elected Officials did not attend
any conferences/seminars during the period of October 6 through
October 19, 2008.
The City Clerk announced that this was the time for
reports from departments.
The Fire Chief invited the City Council to attend the
upcoming "After Action" presentation on the recent Norman Fox
fire. The presentation was scheduled to be held on Thursday,
October 23, 2008, at 2:00 p.m. in the Council Chamber.
The Fire Chief thanked the City Council for approving
the three selected candidates for the positions of Fire Marshal,
Fire Captain, and Fire Engineer.
Page 7 of 9
Regular City Council Meeting Minutes
October 20, 2008
The Chief of Police advised that funeral services for
the late wife of Sergeant Busse would be held on Thursday,
October 23, 2008.
The Chief of Police reported on the department's
participation in the "Avoid the 100" DUI campaign event that was
being coordinated by Sergeant Gray and members of other agencies
in the region.
The Director of Personnel reported on the upcoming
Halloween contest among various City departments that would be
held on Thursday, October 30, 2008.
The Director of Finance provided an update on the
City's 2007-2008 fiscal year audit, which was scheduled to be
completed in mid -November. He also advised that the City
Administrator, City Attorney, and Director of Light & Power were
in New York looking into a joint venture partner for the wind
energy project and additional financing for future projects.
following:
The Director of Community Services reported on the
1. Smurfit -Stone site demolition project
a. Piles of concrete currently being removed
2. Thermador site demolition project
a. Would coordinate with the Health Department for
the removal of contaminated soil
3. Proposed high-speed elevated train that would run
through Vernon along 26th Street. The train would
run from San Diego to San Francisco.
The Director of Community Services requested
authorization to issue a change order to Contract No. 610 with
AES Enterprises, Inc. in the approximate amount of $45,000.00
for the removal of additional grease and debris from the City's
sewer system.
All five members of the City Council concurred and
authorized the Director of Community Services to issue a change
order to Contract No. 610 with AES Enterprises, Inc. in the
approximate amount of $45,000.00 for the removal of additional
grease and debris from the City's sewer system.
The Director of Community Services also requested
permission to send a letter to the Metropolitan Transportation
Authority (MTA) asking the MTA to consider Vernon's
transportation needs with regard to a proposed Metro Link Line.
All five members of the City Council concurred and
authorized the Director of Community Services to send a letter
on behalf of the City to the MTA asking that it consider
Vernon's transportation needs with regard to a proposed Metro
Link Line.
The Director of Environmental Health expressed his
appreciation to the City Council as a belated Boss's Day
recognition.
The Director of Human Resources had nothing to report
at this time. She was also sitting in for the City
Administrator, but had nothing to report on his behalf.
Page 8 of 9
Regular City Council Meeting Minutes
October 20, 2008
The Risk Manager advised that an audit of employees'
medical dependents would be conducted on Wednesday, October 22,
2008. He was also sitting in for the City Attorney, but had
nothing to report on his behalf.
The City Clerk reported on the Public Records Act &
Open Meetings Seminar she attended on October 16, 2008.
The Mayor called a short recess at 10:57 a.m.
The City Council reconvened in regular session at
11:05 a.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 Gonzales, that
the City Council go into closed session, the time being ,11:05
a.m. Motion carried.
Everyone was excluded from closed session with the
exception of the Director of Human Resources/Assistant City
Attorney III and the Risk Manager/Chief Deputy City Attorney.
It was moved by McCormick, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 11:15 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. 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 one
potential case of litigation pursuant to subdivision (b) of
Government Code Section 54956.9, and authorization was given to
the City Attorney's Office to settle the claim of Progressive
Insurance (on behalf of its insured, Lyon) in the amount of
$2,807.93.
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 11:15
a.m. Motion carried.
ATTEST:
anuela Giro /
City Clerk (-
Name �Leonis C`-Malbbrg
Title: Mayor
Page 9 of 9