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20100104 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, JANUARY 4, 2010, 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, Maisano, Newmire MEMBERS ABSENT: None The meeting was called to order by Mayor Gonzales. The Chief Deputy City Attorney advised that there were no changes to the agenda. The Chief Deputy City Attorney announced 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. There was no one in the audience who wished to address the City Council at this time. The Chief Deputy City Attorney announced that this was the time to present the Service Pins. The Mayor presented the Service Pins and congratulated the following employees on behalf of the entire City Council: Name Position Years Deborah Juarez Records Management Assistant 20 Marisol Trujillo Sr. Administrative Assistant 10 The following employee was unable to attend the meeting and the Service Pin was forwarded to him. Name Position Years Carlos Gudino Utilityman III 15 It was moved by Davis, seconded by McCormick that the Minutes of the Regular City Council Meeting held December 21, 2009, be approved and adopted. Motion carried. Councilman Maisano abstained on this matter. 4-0 The City Attorney, Larry Wiener, explained that the following ordinance relates to an election and that therefore it can be adopted without being introduced at a prior meeting. He further explained that if the City Council wishes to adopt the ordinance, the proper motion would be to waive the full reading of Ordinance No. 1165 and to adopt the ordinance. Ordinance No. 1165 - An Ordinance of the City of Vernon Amending Chapter 2 of the Code of the City of Vernon, Relating to City Council Elections to Implement Campaign Finance Regulations, was read by title and adopted. Regular City Council Meeting Minutes January 4, 2010 It was moved by McCormick, seconded by Davis, that full reading be waived and that Ordinance No. 1165, be adopted.. Motion carried. 5-0 Ayes: Gonzales, McCormick, Davis, Maisano, Newmire Noes: None Absent: None Abstained: None The Chief Deputy City Attorney announced that now was the time to open the Public Hearing - to consider granting an amendment to Lubricating Specialties Company (LSC) existing conditional use permit to allow them to store and distribute Class I and Class II liquids at 3365 Slauson Avenue, Vernon, California. It was moved by McCormick, seconded by Maisano to open the public hearing, the time being 9:09 a.m. Motion carried. The Director of Community Services, Kevin Wilson, addressed the City Council and presented a slideshow discussing the proposed operation of the facility and advising the council that LSC was requesting an amendment to their existing conditional use permit to allow it to store class I and II combustible and flammable liquids at the site along with the previously approved class III liquids. Mr. Wilson advised the council of staff's approval of proposed modifications to the California Fire Code in accordance with Appendix 1 section 104.8 regarding tank sizes and tank locations. He also discussed the proposed changes to the fire access to the site and the installation of a fire foam system. Finally he advised the council that the project was exempt from CEQA. The City Administrator, Donal O'Callaghan inquired about fire protection on the tanks. sensors. Fire Chief Whitworth explained that the tanks would have Councilman Newmire asked if the tanks would have alarms. Fire Chief Whitworth informed the Council that the tanks would have alarms. Councilman Newmire asked Mr. Wilson if there would be two points of access and a gate to secure the location. Kevin Wilson showed on the slideshow the location of the secondary access road and the location of the gate. Mayor Gonzales inquired about accessibility to the site from Downey Road. Mr. Wilson responded that there would be no access from Downey Road. Mayor Gonzales stated that he was asking about access, because of the access issue that occurred at Norman Fox during the recent fire. Fire Chief Whitworth explained that typically fighting this type of fire would be from a distance. Page 2 of 11 Regular City Council Meeting Minutes January 4, 2010 Councilman Newmire asked the Fire Chief if it would be safe to allow the tank storage. Fire Chief Whitworth replied that the storage would be as safe as possible. Mr. Wilson continued explaining the foam system used to contain fires. Councilman Davis expressed concern regarding the distance from the building to the tanks. Mr. Wilson replied that by looking at the image on the slide, it appeared to be approximately 40 feet by scale measurement. Mayor Gonzales asked if there was anyone in the audience who wished to address the Council on this matter. There was no one in the audience who wished to address the Council on this matter. It was moved by McCormick, seconded by Davis, to close the public hearing, the time being 9:27 a.m. Motion carried. Resolution 2010-02 of the City Council of the City of Vernon Granting an Amendment to the Conditional Use Permit for Lubricating Specialties Company for the Operation of a Petroleum Related Use Located at 3365 Slauson Avenue in City of Vernon, was read by title. It was moved by Davis, seconded by Maisano, that Resolution No. 2010-02 be adopted. Motion carried. 5-0 The Chief Deputy City Attorney announced that now was the time to open the Public Hearing - to consider approving a lot line adjustment for the properties located at 2200 55th Street and 2001 57th Street in the City of Vernon, California. It was moved by Maisano, seconded by Davis to open the public hearing, the time being 9:28 a.m. Motion carried. The Director of Community Services, Kevin Wilson, addressed the City Council and presented a slideshow and explained the need to adjust the property line in order to retain a small lot that will contained one of the wells on the property which the city intends convert into a municipal potable water well. He also identified the parcel to be sold to C.R. Laurence and the portion of the property to be retained by the City. The City Administrator asked what would happen to the second well. Mr. Wilson responded that the second well would go to C.R. Laurence after the purchase of the property and further stated that more than likely it would be destroyed. Councilman Davis asked if the property was formerly Hamm's Brewery. Page 3 of 11 Regular City Council Meeting Minutes January 4, 2010 Mr. Wilson responded that it was not formerly Hamm's Brewery. Mr. Wilson continued to further explain how the Water Replenishment District is handling water treatments. Councilman McCormick asked what business building was located in Parcel A. Kevin Wilson showed on the slide that the business was Ultra Freeze. Mayor Gonzales asked if there was anyone in the audience who wished to address the Council on this matter. There was no one in the audience who wished to address the Council on this matter. It was moved by Davis, seconded by Maisano, to close the public hearing, the time being 9:33 a.m. Motion carried. Resolution 2010-01 of the City Council of the City of Vernon Approving a Lot Line Adjustment for the Properties Located at 2200 55th Street and 2001 57th Street in the City of Vernon, was read by title. It was moved by Maisano, seconded by McCormick, that Resolution No. 2010-01 be adopted. Motion carried. 5-0 The Chief Deputy City Attorney announced that now was the time to open the Public Hearing - to consider adoption of an emergency ordinance to amend the City's Zoning Ordinance to define a marijuana dispensary, store, co-op, or cultivation operation and to prohibit this use in the City of Vernon. It was moved by McCormick, seconded by Newmire to open the public hearing, the time being 9:34 a.m. Motion carried. The Director of Community Services, Kevin Wilson, addressed the City Council and explained Proposition 215 and its intent to enable persons needing marijuana for medical purposes to obtain it and use it without fear of criminal prosecution and also explained Senate Bill 240 which attempted to implement Proposition 215. Mr. Wilson further discussed the conflict between Federal and State drug laws pertaining to the use of marijuana for medical purposes. -Mr. Wilson referenced several cases involving local cities and marijuana dispensaries; the ruling of the Court of Appeals on a City of Claremont case leaving in place the ruling that cities can prohibit dispensaries through zoning and other regulations; City of Anaheim's adoption of an ordinance banning all medical marijuana dispensaries and resulting in the trial court upholding the ban; and the case involving the City of Corona where the California courts ruled that a medical marijuana dispensary was not permitted in the city because the city's zoning ordinance was drafted in a manner that any use not enumerated in the code is presumptively prohibited. Page 4 of 11 Regular City Council Meeting Minutes January 4, 2010 Mr. Wilson further explained that the City of Los Angeles is looking to place a cap on the limit of dispensaries allowed in its city. Mr. Wilson addressed potential concerns of increased crime, parking problems, and the adverse effect in the business community if marijuana dispensaries would be allowed in the City of Vernon. Mayor Gonzales asked if there was anyone in the audience who wished to address the Council on this matter. There was no one in the audience who wished to address the Council on this matter. It was moved by McCormick, seconded by Newmire, to close the public hearing, the time being 9:45 a.m. Motion carried. The City Attorney explained that there should be one motion each for the following ordinances. introduced. ORDINANCE NO. 1163 - An Emergency Zoning Ordinance of the City of Vernon Prohibiting the Establishment of Marijuana Dispensaries, Stores, Co-Ops, or Marijuana Cultivation Operations in any Zoning District Within the City by Amending Sections 26.2.9 and 26.4.1-4, and Adopting Findings of Urgency, was read by title for Introduction and Adoption. It was moved by Maisano, seconded by Newmire, that full reading be waived and that Ordinance No. 1163 be adopted. Motion carried. Ayes: Gonzales, McCormick, Davis, Maisano, Newmire Noes: None Absent: None Abstained: None ORDINANCE NO. 1164 - A Zoning Ordinance of the City of Vernon Prohibiting the Establishment of Marijuana Dispensaries, Stores, Co-Ops, or Marijuana Cultivation Operations in any Zoning District Within the City by Amending Sections 26.2.9 and 26.4.1-4, was read by title for Introduction. It was moved by Maisano, seconded by Newmire, that full reading be waived and that Ordinance No. 1164 be introduced. Motion carried. Fire Ayes: Gonzales, McCormick, Davis, Maisano, Newmire Noes: None Absent: None Abstained: None The Consent Calendar was presented. 1. Activity Report for the period December 1 through December 15, 2009. Page 5 of 11 Regular City Council Meeting Minutes January 4, 2010 Police 1. Activity Log and Statistical Summary of Arrest and Activities for the period from December 1 through December 15, 2009. Treasury Warrant Registers - December 15 through December 28, 2009: 1. Ratification of wire transfers for Warrant Register No. 1297, totaling $328,846.24. 2. Ratification of the issuance of early checks for Warrant Register No. 1297, totaling $478,601.94. 3. Warrant Register No. 1297, totaling $281,879.88. 4. Ratification of Payroll Warrant Register No. 642 for the period of October 11 through November 7, 2009, totaling $3,006,661.20. 5. Ratification of wire transfers for Light & Power Warrant Register No. 262, totaling $3,957,634.61. 6. Ratification of the issuance of early checks for Light & Power Warrant Register No. 262, totaling $538,199.43. 7. Light & Power Warrant Register No. 262, totaling $31,914.67. 8. Ratification of wire transfers for Gas Warrant Register No. 52, totaling $2,013,992.25. 9. Ratification of the issuance of early checks for Gas Warrant Register No. 52, totaling $13,654.83. 10. Warrant Checks for Gas Warrant Register No. 52, totaling 6,855.00. 11. There was no BNY Report for this period. 12. Ratification of the following warrant registers to record the following voided checks: a. City Warrant Register No. 1293 to record voided Check No. 328017, in the amount of $18,750.00. b. Light & Power Warrant Register No. 261 to record voided Check No. 507080, in the amount of $29,880.00. END OF CONSENT CALENDAR It was moved by Davis, seconded by McCormick, that the items listed on the Consent Calendar be approved as recommended. Motion carried. 5-0 Page 6 of 11 Regular City Council Meeting Minutes January 4, 2010 RESOLUTION 2010-03 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 Cox Industrial Services, Inc. for the Removal, Repair and Reinstallation of Pump Equipment at the Downey Underpass Stormwater Pumping Station, was read by title. It was moved by Maisano, seconded by McCormick, that Resolution No. 2010-03 be adopted. Motion carried. 5-0 RESOLUTION 2010-04 of the City Council of the City of Vernon Approving and Authorizing the Execution of Maintenance Agreements with Canon Business Solutions, Inc. for Copier Maintenance, was read by title. It was moved by Davis, seconded by Maisano, that Resolution No. 2010-04 be adopted. Motion carried. 5-0 Resolution 2010-05 of the City Council of the City of Vernon Approving and Authorizing the Execution of a Cobra Administrative Services Agreement and a Flexible Plan Administrative Services Agreement by and between the City of Vernon and IGOE Administrative Services, was read by title. It was moved by Newmire, seconded by McCormick, that Resolution No. 2010-05 be adopted. Motion carried. 5-0 Resolution 2010-07 of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement between the City of Vernon and the Law Offices of Eric T. Fresch, Ltd., for Legal Services for the Department of Light & Power and Gas Department in Connection with the Issuance and Sale of Bonds, Public Finance Matters, Energy Matters and Certain other Related Matters, was read by title. It was moved by Maisano, seconded by Newmire, that Resolution No. 2010-07 be adopted. Motion carried. 5-0 The Chief Deputy City Attorney announced that now was the time for discussions. Community Services & Water A. Status Report on the California High Speed Rail Authority's Project. The Director of Community Services & Water, Kevin Wilson, distributed a handout, presented a slideshow to the City Council, and provided the details regarding the status of the California High Speed Rail Authority's Project and the potential impact to the city, including private property right of way acquisitions, aesthetics, noise & vibration levels, and construction staging concerns. He also mentioned that the train will run on 100 percent clean energy. Page 7 of 11 Regular City Council. Meeting Minutes January 4, 2010 The City Administrator asked what the definition would be for 100 percent clean energy. Mr. Wilson stated that it would be electrically driven. .The City Administrator asked who would supply the power for the system. Mr. Wilson stated that this had not yet been determined and continued explaining about funding for the railway system, the potential positive impacts that may be derived from the project, and the job opportunities the project would create. He also discussed in detail the overhead and underpass crossing options at the 710-I Freeway and how the City has proposed an alternative alignment to avoid impact to some buildings. . Mayor Gonzales stated that the project sounds similar to the Alameda Corridor Project. Mr. Wilson agreed that it is very similar to the Alameda Corridor. Mayor Gonzales mentioned how the city was on the main board for the Alameda Corridor Project and how eventually the city was removed from the board for asking questions. Mr. Wilson further explained that some cities are in favor of underground tunneling or trenching options and agreed that this would be the best option to minimize impact to the city's business community. Mr., Wilson concluded his presentation and asked for direction from the Council to propose a shift of the alignment. The City Council unanimously agreed and supported the proposed shift of the alignment. The City Administrator stated that he did not see the advantage to have the rail go through the city. Mr. Wilson agreed that there would be no real benefit to the city. The City Administrator stated that the City has Metrolink service and that it would not make sense to have the rail system. Mr. Wilson replied that it would make sense to have the San Francisco to Los Angeles portion of the rail system. The City Administrator agreed that the San Francisco to Los Angeles portion of the rail system would be a positive way of transportation for those who commute to and from Los Angeles to San Francisco regularly. Page 8 of 11 Regular City Council Meeting Minutes January 4, 2010 B. Update on SB 375. The Director of Community Services & Water, Kevin Wilson, updated the City Council on SB 375 and the delegation to the Gateway Council of Governments "COG" to be voted on January 6, 2010. He expressed that he, the City Administrator, and the City Attorney agree that the delegation on housing issues should stay with the Southern California Association of Governments "SCAG" and recommended that the City's representative on the COG board vote to not take on delegation of the preparation of the Sustainable Communities Strategies "SCS". He further discussed the cost to prepare the SCS as well as the possible litigation fees that could be incurred. He further stated for the record that it would be in the city's best interest to leave the housing issues at SCAG level. The City Attorney agreed with the Director of Community Services & Water that it would be better to leave the housing issues at SCAG level. Councilman Davis mentioned that he still had not received his agenda from Gateway Cities yet for the upcoming meeting. The City Administrator said that he will arrange to have someone accompany Councilman Davis to the meeting on January 6, 2010. The City Council provided direction to Board Member Davis to vote in accordance with staff's recommendation. The Chief Deputy City Attorney announced that now was the time for elected officials to report on conference/seminars for the period of December 21, 2009, through January 3, 2010. There were no reports for the period of December 21, 2009, through January 3, 2010. The Chief Deputy City Attorney announced that now was the time for the City Administrator to report on activities and other brief announcements. The City Administrator advised that around January 15, 2010, the sale and purchase paperwork regarding the Tehachapi Wind Project would be coming through and informed the City Council that he was working with Eric Fresch to make sure that the costs associated with this transaction are well managed. He also reported that he would be looking at the city's renewable portfolio standards. He further reported that there were a total of 24 outages in 2009, which had been less than the year before. He also mentioned that the Light & Power department is working on rehabilitating the transmission and distribution "T&D" system. The Chief Deputy City Attorney announced that now was the time for reports from the City Council. Councilman Davis wished everyone a Happy New Year and then inquired if the City has a count of the buildings that are vacant in the City. The Director of Community Services & Water responded that the City does not have an exact count. Page 9 of 11 Regular City Council Meeting Minutes January 4, 2010 Mayor Pro Tem McCormick asked if there was a need to pass a motion to cancel the meeting scheduled for January 18, 2010, due to it being a holiday and also requested that the resolution that was denied at the December 21, 2009, meeting be brought back for discussion. The City Attorney responded that he believed that the City's ordinances already address the cancellation of meetings on holidays and that it was not necessary to have a separate motion to cancel the January 18, 2010, meeting. Councilman Newmire asked the Director of Community Services & Water about the status of the street signs. Kevin Wilson responded that the City has been replacing them when they get knocked down. The City Administrator requested an update from Mr. Wilson on the Graffiti Abatement truck. Mr. Wilson said that he would provide an update at a future meeting. Mayor Gonzales called a short recess at 10:29 a.m. The City Council reconvened in regular session at 10:40 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. It was moved by McCormick, seconded by Davis, to go into Closed Session, the time being 10:40 a.m. Motion carried. 5-0 It was moved by McCormick, seconded by Newmire, that the City Council go out of closed session and resume open session, the time being 11:07 a.m. Motion carried. 5-0 OPEN SESSION Closed Session Reports: The City Attorney reported that the three following employment appointments were approved: • Joaquin Leon from Assistant Finance Director/Deputy City Treasurer to Deputy City Treasurer • Masami Higa from Controller/Internal Control Manager to Assistant Finance Director • Alex Kung from Assistant Controller to Senior Accounting Manager. The City Attorney proceeded and stated that other than the three approved employment appointments that there were no further reportable actions. Resolution 2010-06 of the City Council of the City of Vernon Amending Previously Amended Resolution No. 9639 Regarding the Compensation, Costs and Benefits of its Employees ("Salary Resolution"), by Amending Schedule Nos. VII, XIII And XV Of The Salary Resolution (Amendment No. 15), was read by title. Page 10 of 11 Regular City Council Meeting Minutes January 4, 2010 It was moved by McCormick, seconded by Maisano, that Resolution No. 2010-06 be adopted. Motion carried. 5-0 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Newmire, that the meeting be adjourned, the time being 11:08 a.m. Motion carried. 5-0 ATTEST: Manuela Giron,,, City Clerk Mayor Hilario Gonzales Page 11 of 11