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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