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20090810 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, AUGUST 10, 2009, AT 9:05 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, McCormick, Davis, Newmire MEMBERS ABSENT: Maisano The meeting was called to order by Mayor Gonzales. The Chief Deputy City Attorney announced to the audience that this was the time for public comments. Mayor Gonzales asked if there was anyone in the audience who wished to address the City Council at this time. Paul Rivera with the Rotary Club in Bell Gardens addressed the City Council and provided information on the upcoming fundraiser that will be held at the CitaDel Outlets on October 10, 2009. Mayor Gonzales asked'if there was anyone else in the audience who wished to address the City Council at this time. There was no one else in the audience who wished to address the City Council at this time. The Chief Deputy City Attorney announced that this was the time for the Public.Hearing to Grant a Variance to 2720 Soto,. LLC from Section 26.4.2-8 (e) of the 2007 Comprehensive Zoning Ordinance Development Standards (Access). It was moved by McCormick, seconded by Newmire, to open the Public Hearing, the time being 9:10 a.m. Motion carried. 4-0 The Director of Community Services & Water provided details of the matter being continued to this date, summarized details on the matter, and recommended that the variance be approved subject to the conditions listed on the variance. No one else in the audience wished to address the City Council at this time. It was moved by McCormick, seconded by Davis, to close the Public Hearing, the time being 9:13 a.m. Motion carried. 4-0 RESOLUTION of the City Council of the City of Vernon Granting a Variance to 2720 Soto, LLC from Section 26.4.2-8 (e) of the 2007 Comprehensive Zoning Ordinance, for the Property Located at 2720 Soto Street in the City of Vernon, was read by title. Regular City Council Meeting Minutes August 10, 2009 It was moved by Davis, seconded by McCormick, that Resolution No. 10,035 of the City Council of the city of Vernon Granting a Variance to 2720 Soto, LLC from Section 26.4.2-8 (e) of the 2007 Comprehensive Zoning Ordinance, for the Property Located at 2720 Soto Street in:the City of Vernon, be approved and adopted. Motion carried..4-0 The Chief Deputy City Attorney announced that this was the time for the Public Hearing to Grant a Variance to Pabco Building Products, LLC from Section 26.5.3-1 (d) of the Comprehensive Zoning Ordinance, Restrictions on Non -Conforming Buildings and Uses for the Property Located at 4460 & 446.2 Pacific Boulevard in the City of Vernon. It was moved by McCormick, seconded by Davis, to open the Public Hearing, the time being 9:14 a.m. Motion carried. 4-0 The Director of Community Services & Water presented a power point overview and summarized the staff report on this matter. He also notified the City Council that a letter was received from one of Pabco's neighboring businesses expressing, concern of Pabco's employees currently parking in the neighboring business' parking lot, and the need to continue the meeting to look into this matter. Mayor Gonzales asked if there was anyone in the audience who wished to address the City Council on this matter. Mr. William Fraser, representing Pabco Building Products, addressed the current parking issue of Pabco's employees parking across the street without Pabco's consent and advised that Pabco would remind its employees to park exclusively in Pabco's assigned parking. Mayor Gonzales asked if there was anyone else in the audience who wished to address°the City Council on this matter Mr. Justine Beimforde, with Pacific Santa Fe Industries, Inc. (Pacific) addressed the City Council to inform them that in addition to employees parking on his business premises that Pabco's customers also park in Pacific's parking lot. Mr. Beimforde advised that Pacific is not against the variance, but that some conditions to include bold, large signage should be included at Pabco's expenses to clarify the parking issue to Pabco's employees and customers, including the cost for towing services if necessary. Mayor Gonzales asked if there was anyone else in the audience who wished to address the City Council at this time. There being no one else in the audience wishing to address the City Council at this time, Mayor Gonzales asked that the involved parties meet with the Director of Community Services & Water on this matter. It was moved by McCormick, seconded by Davis, to continue the Public Hearing and related resolution, to August 17, 2009, the,time being 9:35 a.m. Motion carried. 4-0 Page 2 of 8 Regular City Council Meeting Minutes August 10, 2009 RESOLUTION of the City Council of the City of Vernon Granting a Variance -to Pabco Building Products, LLC from Section 26.5.3-1 (d) of the Comprehensive Zoning Ordinance, for the Property Located at 4460 & 4462 Pacific Boulevard in the City of Vernon, was continued to August 17, 2009. The Chief Deputy City Attorney announced that this was the time for the Public Hearing to Approve a Lot Line Adjustment between the Common Boundaries of 2450 Vernon Avenue and 4262 Pacific Boulevard Requested by L & D Real Estate Holdings, LLC and Pabco Building Products, LLC. It was moved by Davis, seconded by McCormick, to open the Public Hearing, the time being 9:36 a.m. Motion carried. 4-0 The Director of Community Services & Water advised that this matter would have to be heard after the time in which the variance from Pabco is resolved and asked that the Public Hearing for the Lot Line Adjustment requested by Pabco be continued. No one else in the audience wished to address the City. Council at this time. It was moved by McCormick, seconded by Davis, that the Public Hearing regarding the Lot Line Adjustment, and related resolution, be continued to the meeting of August 17, 2009, the time being 9:37 a.m. Motion carried. 4-0 RESOLUTION of the City Council of the City of Vernon - Approving a Lot Line Adjustment for the Properties Located at 4462 Pacific Boulevard and 2450 Vernon Avenue, Requested by L&D Real Estate Holdings; LLC and Pabco Building Products, LLC and Approving an Amendment to a Covenant and Agreement to Hold the Newly Adjusted Lot Located at 4462 Pacific Boulevard with the. Lot Located at 44.60 Pacific Boulevard as One, was continued until August 17, 2009. The Chief Deputy City Attorney announced that this was the time for the Public Hearing to Obtain Testimony from Affected and/or Interested Persons 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 McCormick, seconded by Newmire, to open the Public Hearing, the time being 9:38 a.m. Motion carried. 4-0 The Director of Community Services & Water summarized the staff report on this matter and recommended that the 2009. Congestion Management Program Annual Report be adopted. Mayor Gonzales asked if there was anyone in the audience who wished to address the City Council on this matter. No one else in the audience wished to address the City Council at this time. Page 3 of 8 Regular City Council Meeting Minutes August 10, 2009 It was moved by Davis, seconded by McCormick, that the Public Hearing be closed, the time being 9:41 a.m. Motion carried. 4-0 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 Newmire,,that Resolution No. 10,036 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,,be approved and adopted. Motion carried. 4-0 The Consent Calendar was presented. Fire Department 1. Fire Department Activity Report for July 16th through July 31st 2009. Police Department 2. Police Department Activity Report for July 16th through July 31st 2009. Treasury Department 3. Ratification of wire transfer for Warrant Register No. 1280, covering claims and demands presented during the period of July 28, 2009, through August 3, 2009, drawn on East West Bank totaling $4,328.79, which includes Wire No. 337 (Accounting Period August 2009). 4. Ratification of the issuance of early checks for Warrant Register No. 1280, covering claims and demands presented during the period of July 28, 2009, through August 3, 2009, drawn on East West Bank totaling $11,686.44, which includes Check Nos. 326582 through 326604 (Accounting period August 2009). 5. Warrant Register No. 1280, covering claims and demands presented during the period of July 28, 2009, through August 3, 2009, drawn on East West Bank totaling $258,036.02, which includes Check Nos. 326605 through 326694 (Accounting period August 2009) . 6. Ratification of wire transfers for Light & Power Warrant Register No. 245, covering claims and demands presented during the period of July 28, 2009, through August 3, 2009, drawn on East West Bank totaling $2,318,668.25, which includes Wire Nos. 4367 through 4375 (Accounting period August 2009). 7. Ratification of the issuance of early checks for Light & Power Warrant.Register No. 245, covering claims and demands presented during the period of July 28, 2009, through August 3, 2009, drawn on East West Bank totaling $10,427.62, which includes Check Nos. 506733 through 506739 (Accounting period August 2009). Page 4 of 8 Regular City Council Meeting Minutes August 10, 2009 8. Light & Power Warrant Register No. 245 covering claims and demands presented during the period of July 28, 2009, through August 3, 2009, drawn on East West Bank totaling $2,014.49, which includes Check Nos. 506740 through 506749 (Accounting period August 2009). 9. Ratification of wire for Gas Warrant Register No. 35, covering claims and demands presented during the period of July 28, 2009, through August 3, 2009, drawn on East West Bank. totaling $50,983.52, which includes Wire No. 42 (Accounting period August 2009). 10. Ratification of the issuance of early checks for Gas Warrant Register No. 35, covering claims and demands presented during the period of July 28, 2009 through August 3, 2009, drawn on.East West Bank totaling $336.80, which includes Check Nos. 187 through 188 (Accounting period August 2009). 11. Gas Warrant Register No. 35 covering claims and demands presented during the period of"July 28, 2009 through August 3,. 2009, drawn on East West Bank totaling $56,660.47, which includes Check Nos. 189 through 192 (Accounting period August 2009) . 12. City of Vernon Requisition from the Citi Gas Custody Escrow Account No. 800457 covering claims and demands presented during the period of July 7, 2009, through August 3, 2009, to be drawn on The Bank of New York Mellon totaling $2,755.00, which includes Requisition No. CGO18 (Accounting period August 2009).. 13. City of Vernon.Requisitions from the Light & Power Capital Projects Custody Escrow Account No. 800458 covering claims and demands presented during the period of July 28, 2009, through August 3,.2009, to be drawn on The Bank of New York Mellon totaling $1,017,946.25,.which includes Requisition Nos. LPCP624 through LPCP628 (Accounting period August 2009). 14. City of Vernon Requisition from the 2009 Cost of Issuance Fund Account No. 80�-274 covering claims and demands presented during the period of June 18, 2009, through August 3, 2009, to be drawn on The Bank of New York Mellon totaling $300,000.00 which includes Requisition No. COI009 (Accounting period August 2009) . End of Consent Calendar It was moved by McCormick, seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried. 4-0 Request from the Director of Business Services & Purchasing for approval to issue two purchase orders to Canon Business Solutions for the renewal of the maintenance agreements for (1) Image Runner 3320 Copier, in the approximate amount of $1,291.50, and (1)'Image Runner 330, in the approximate amount of.$701.96, and authorization for the Fire Chief to execute both. maintenance agreements, was presented. Page 5 of 8 Regular City Council Meeting Minutes August 10, 2009 It was moved by McCormick, seconded by Newmire, that the request from the Director of Business Services & Purchasing for approval to issue two purchase orders to Canon Business Solutions for the renewal of the maintenance agreements for (1) Image Runner 3320 Copier, in the approximate amount of $1,291.50, and (1) Image Runner 330, in the approximate amount of'$701.96, and authorization for the Fire Chief to execute both maintenance agreements be approved. Motion carried. 4-0 Request from the Director of Business Services & Purchasing for approval to issue a purchase order to Canon Business Solutions for the renewal of the maintenance agreement for a copier in the Warehouse Department, in the approximate amount of $661.50, and authorization for the Director of Community Services & Water to execute the maintenance agreement, was presented. It was moved by Davis, seconded by McCormick, that the request from the Director of Business Services & Purchasing for approval to issue a purchase order to Canon Business Solutions for the renewal of.the maintenance agreement for a copier in the Warehouse Department, in the approximate amount of $661.50, and authorization for the Director of Community Services & Water to execute the maintenance agreement, be approved. Motion carried. 4-0 RESOLUTION of the City Council of the City of Vernon. Commending Gary B. Sawyer for His Many Years of Service to the City of Vernon, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 10,037 of the City Council of the City of Vernon Commending Gary B. Sawyer for His Many Years of Service to the City of Vernon, be approved and adopted. Motion carried. 4-0 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 J.D. Hicks & Associates, was read by title. It was moved by McCormick, seconded by Newmire, that. Resolution No. 10,038 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 J.D. Hicks & Associates, be approved and adopted. Motion carried. 4-0 The Chief Deputy City Attorney announced that now was the time for elected officials to report on conference/seminars for the period of August 3, 2009, through August 9, 2009. It was reported that Elected Officials did not attend any conferences seminars during the period of August 3, 2009, through August 9, 2009. The Chief Deputy City Attorney announced that now was the time for reports from departments. The Chief of Police had nothing to report. The Director of Personnel had nothing to report. Page 6 of 8 Regular City Council Meeting Minutes August 10, 2009 The Fire Chief reported on the upcoming department's participation in the Muscular Dystrophy "fill the boot" fund program for Jerry's Kids. The Director of Community Services & Water reported on the traffic accident on the Soto Bridge in which the railing was temporarily patched by the Fire Department and that would have to be repaired by a contractor. The Director of Health & Environmental Control reported on the finalization of the next E-waste event to take place on October 14, 2009 at Fire Station #1. following: The Director of Finance had nothing to report. The.Director of Light & Power reported on the • Working with Southern California Gas Company on gas delivery. • The interconnection request for the wind/solar project. .Council member Davis asked the Director of Light & Power if the traffic incident on August 7, 2009, in which a power pole was hit, created any power outages. Carlos Fandino addressed the City Council on the matter and said that the data would be evaluated this week. Mayor Gonzales reported on the future water increases proposed by the Southeast Water Coalition and asked the Director of Community Services & Water to provide informational updates to the Vernon business community on the proposed water rates. The Director of Community Services & Water advised that the city usage.of imported water is minimal and that the city would not be highly impacted by the proposed increase in water rates. He said the city is working on a Water Conservation Ordinance to set in place tools for the city and address water rate increases. The City Administrator asked that relative data be collected on water rates, the possibility of increasing city water rates, and bring back to the City Council to review ata future meeting. The'City Administrator advised that the preparation of the city budget is close to completion and that it would be presented to the City Council,for their review and consideration_ in the near future. The Chief -Deputy City Attorney reminded the City Council of the Health Fair that will take place on August 19, 2009, starting at 11:00 a.m. The City Clerk had nothing to report. The Assistant City Attorney had nothing to report. Council member Davis had nothing to report. Page 7 of 8 Regular City Council Meeting Minutes August 10, 2009 Mayor Gonzales addressed the progress of the assembly of the mobile computer lab unit that was sponsored by the City of Vernon. Council member Newmire asked for an estimated date of completion of the assembly of the mobile computer lab unit. Mr. Hector Elizalde responded that completion date is tentatively projected for the end of October. Ron Garcia, with Southern California Edison Company, addressed the City Council on this matter to reiterate that the graphics outside the mobile unit will only reflect the City of Vernon as the sponsor. He also informed the City Council of the upcoming meeting with the Vernon Chamber of Commerce on the promotion of the.mobile computer lab unit within the city. Mayor Gonzales called a short recess at 10:10 a.m. The City Council reconvened in regular session at 10:18 a.m., all members present before the recess again being present. The Chief Deputy City Attorney announced that this was the time to go into closed session for the item listed on the closed session agenda. A motion was duly made, seconded and passed unanimously to go into closed session. Everyone was excluded from the closed session with the exception of the. Chief Deputy City Attorney, Chief of Police, Director of Personnel, Assistant City Attorney and City Administrator. It was reported that the City Council went out of closed session at 10:22 a.m. and resumed open session. OPEN SESSION It was reported out that there was no reportable action. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Newmire to adjourn the meeting, the time being 10:24 a.m. Motion carried. 4-0 ATTEST: • i Manuela Giron City Clerk Name: Hilario Gonzales Title: Mayor Page 8 of 8