MINUTES OF THE
REGULAR MEETING
LOMITA CITY COUNCIL
TUESDAY, SEPTEMBER 17, 2024
1. OPENING CEREMONIES
a. Call Meeting to Order
The regular meeting of the Lomita City Council was called to order by Mayor Uphoff at 6:00 p.m. on Tuesday, September 17, 2024, in the Council Chambers at Lomita City Hall, 24300 Narbonne Avenue, Lomita, California.
b. Flag Salute
Councilmember Segawa led the salute to the flag.
c. Invocation
Mayor Pro Tem Waronek gave the invocation.
d. Roll Call
PRESENT: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff
ABSENT: Councilmember Waite
STAFF PRESENT: City Manager Vialpando, City Attorney Rusin, Administrative Services Director Kamada, Community and Economic Development Director Fernandez, Interim Public Works Director Hernandez, Administrative Analyst Gastelum, and City Clerk Gregory
e. Closed Session Report - City Attorney Rusin
City Attorney Rusin stated that the Council met in open session at 5:30 p.m. and recessed to closed session at 5:31 p.m. to discuss the following items:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2 CASES) PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9
NAME OF CASES:
(1) Aqueous Film-Forming Foams Product Liability Litigation, Master Docket No. 2:18- mn-2873-RMG;
(2) City of Camden, et al. v. BASF Corporation, Civil Action No.: 2:24-cv-03174-RMG; (3) City of Camden, et. al. v. Tyco Fire Products LP, Civil Action No.: 2-24-cv-02321- All Councilmembers were present except for Councilmember Waite. The vote was 4-0 to participate and not opt out of two PFOS/PFAS-related class action settlement awards totaling approximately $23,000 in unencumbered funds.
Lomita City Council Regular Meeting Minutes
September 17, 2024
2. APPROVAL OF AGENDA
Councilmember Segawa made a motion, seconded by Mayor Pro Tem Waronek, to approve the agenda.
MOTION CARRIED by the following vote:
AYES: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff NOES: None
ABSENT: Councilmember Waite
3. PRESENTATIONS
None scheduled.
4. ORAL COMMUNICATIONS
Mayor Uphoff announced the time for oral communications.
Tina Hemming, Lomita resident, shared complaints relative to operations at neighboring Swingers Racquet Club including business hours and excessive noise.
City Manager Vialpando stated that Code Enforcement will follow-up with her on this matter.
Heidi Butzine, President/CEO of the Lomita Chamber of Commerce, stated that Lomita's own Pearl Hope was named Lemonade Day national winner. She thanked the community for supporting young entrepreneurs, and announced upcoming Chamber events including the fifth anniversary mixer to take place on September 25.
Don Smith, Lomita resident, expressed concerns about cars speeding near the intersection of 255th Street and Eshelman Avenue and reckless e-bike riders. He also expressed disappointment that he was not made aware of a recent vacancy on the Railroad Commission. Mr. Smith also spoke in opposition to the most recent water meter charge increase.
City Manager Vialpando stated that the Railroad Commission is not a City of Lomita body; it is part of a private foundation. He also stated that he would put Mr. Smith in touch with Lomita Station regarding the speeding/e-bike issues.
George Kivett, Lomita resident, thanked City Manager Vialpando for scheduling repairs to the hazardous sidewalk near the County yard. He also commented on unsafe e-bike riders, Lemonade Day, and expressed support for item 7k.
There being no further requests to speak, Mayor Uphoff closed oral communications.
Lomita City Council Regular Meeting Minutes
September 17, 2024
5. ORAL COMMUNICATIONS AND MEETING ATTENDANCE REPORTS FROM THE CITY
COUNCIL
Councilmember Gazeley reported on the following:
• Recent Southern California Association of Governments Meeting • September 12 - L.A. County West Vector Control Meeting; he asked that the agency's contact information be posted to the City's website
Councilmember Segawa reported on the following:
• September 7 - Cornhole Tournament
• Recent Library Tea
• September 17 - Mayor's Cup Golf Tournament Meeting
Mayor Pro Tem Waronek reported on the following:
• September 6-8 - California Contract Cities Association (CCCA) Fall Education Summit • Recent Joint Powers Insurance Authority Liability Trust Fund Meeting • September 17 - CCCA Members Committee Meeting
• Announced September 20 Lomita-Harbor City Kiwanis Club 10t Annual Spaghetti Dinner Fundraiser
Mayor Uphoff reported on the following:
• September 9 - South Bay Cities Council of Governments (SBCCOG) Transportation Committee Meeting
• Recent SBCCOG Steering Committee Meeting
• September 16 - State of the City Meeting Planning meeting
6. CITY MANAGER'S REPORT (information only)
City Manager Vialpando announced that former Interim Community and Economic Development Director Fernandez had been appointed as permanent director, and he shared some of his background and experience.
7. CONSENT AGENDA
RECOMMENDED ACTION: That Consent Agenda Items 7a-7k be approved.
Councilmember Segawa made a motion, seconded by Mayor Pro Tem Waronek, to approve consent agenda items 7a-j, with item 7k pulled for separate discussion by City Manager Vialpando.
MOTION CARRIED by the following vote:
AYES: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff NOES: None
ABSENT: Councilmember Waite
a. Motion to Waive Full Reading of Ordinances and That They be Read in Title Only RECOMMENDED ACTION: Approve motion.
Lomita City Council Regular Meeting Minutes
September 17, 2024
b. Minutes of the Regular City Council Meetings of June 4, 2024, and the Adjourned Regular City Council Meeting of August 6, 2024
RECOMMENDED ACTION: Approve minutes.
c. Warrants/Payroll Register
RECOMMENDED ACTION: Approve and file Warrants/Payroll Register. d. Monthly Report for the Administrative Services Department RECOMMENDED ACTION: Receive and file the report.
e. Monthly Report for the City Manager's Department
RECOMMENDED ACTION: Receive and file the report.
f. Monthly Report from the Community and Economic Development Department RECOMMENDED ACTION: Receive and file the report.
g. Monthly Report for the Recreation and Facilities Division RECOMMENDED ACTION: Receive and file the report.
h. Monthly Report for the Public Works Department
RECOMMENDED ACTION: Receive and file the report.
i. August 2024 Treasury and Investment Report
RECOMMENDED ACTION: Receive and file the report.
j. 2024 Local Agency Biennial Notice - Conflict of Interest Code RECOMMENDED ACTION: Receive and file the 2024 Local Agency Biennial Notice, direct staff to post a public notice of intention to amend the conflict of interest code; and submit an amended conflict of interest code to the City Council for review and adoption before December 17, 2024.
ITEM PULLED FOR SEPARATE CONSIDERATION
k. Consideration to allow the consumption of alcohol on City-owned property for a city approved event.
RECOMMENDED ACTION: Consider the approval or denial of a request from the Lomita Chamber of Commerce to consume alcohol at a City-owned facility for their 5th Anniversary Mixer event pursuant to Lomita Municipal Code (LMC) Section 4-3.10.
City Manager Vialpando stated that he pulled this item so it could be discussed if the Council so desired. He gave a brief overview of the item, and stated that the recommended action is for the City Council to either approve or deny the request.
Lomita City Council Regular Meeting Minutes
September 17, 2024
Mayor Pro Tem Waronek made a motion, seconded by Councilmember Gazeley, to approve the request.
MOTION CARRIED by the following vote:
AYES: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff
NOES: None
ABSENT: Councilmember Waite
8. SCHEDULED ITEMS
a. DISCUSSION AND CONSIDERATION OF APPROPRIATING ADDITIONAL FUNDS
TO COMPLETE EMERGENCY WORK AT ALTA VISTA AVENUE
RECOMMENDED ACTION: Approve a change order for the emergency replacement of the water pipe at Alta Vista Avenue for a total contract amount of $194,332.40, plus costs, for a total project amount not to exceed $200,000; and appropriate an additional $50,000 from the Water Capital Fund.
Interim Director Hernandez presented the staff report per the agenda material. On August 6, 2024, Council approved $150,000 for this project from the Water Capital Fund. The undersized pipe is 96 years old and requires frequent repairs; replacement is considered urgent to mitigate future water supply issues. The contractor has requested authorization for this additional work and installation of new water lines. It is anticipated that work will begin in late October or early November 2024. A typo in the original recommended action was noted: the dollar amount should be $200,000, not "$200,00." As there were no questions for staff and no requests from the public to speak on this item, Mayor Uphoff invited Council discussion or a motion.
Councilmember Gazeley made a motion, seconded by Councilmember Segawa, to approve the recommended action, with the corrected dollar amount of $200,000.
MOTION CARRIED by the following vote:
AYES: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff
NOES: None
ABSENT: Councilmember Waite
b. DISCUSSION AND CONSIDERATION OF THE CITY'S POSITION ON A RESOLUTION
TO BE VOTED ON AT THE LEAGUE OF CALIFORNIA CITIES (CAL CITIES) BY THE
GENERAL ASSEMBLY AT ITS ANNUAL CONFERENCE, AND THE APPOINTMENT
OF AN ALTERNATE DELEGATE
RECOMMENDED ACTION: Discuss and determine the City's position on the attached Resolution for consideration by the Cal Cities' General Assembly at the Annual
Lomita City Council Regular Meeting Minutes
September 17, 2024
Conference; and confirm Mayor Bill Uphoff as the City's Cal Cities Delegate and appoint an Alternate voting delegate.
City Manager Vialpando stated that the upcoming annual Cal Cities General Assembly requires appointment of a voting delegate and alternate from each member city.
Administrative Analyst Gastelum reported on the resolution to be considered at the General Assembly. Introduced by the City of Glendora, it proposes legislation ensuring that laws pertaining to municipal officials also apply to elected state officials. It would make them also accountable to The Brown Act, and it would promote fair and equal governance.
As there were no questions for staff and no requests from the public to speak on this item, Mayor Uphoff invited a motion.
Councilmember Gazeley made a motion, seconded by Councilmember Segawa, to confirm Mayor Uphoff as voting delegate.
MOTION CARRIED by the following vote:
AYES: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff
NOES: None
ABSENT: Councilmember Waite
Councilmember Gazeley made a motion, seconded by Councilmember Segawa, to appoint Mayor Pro Tem Waronek as alternate.
MOTION CARRIED by the following vote:
AYES: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff
NOES: None
ABSENT: Councilmember Waite
Mayor Uphoff spoke in support of the resolution then invited a motion.
Councilmember Segawa made a motion, seconded by Councilmember Gazeley, to support the resolution.
MOTION CARRIED by the following vote:
AYES: Councilmembers Gazeley, Segawa, Mayor Pro Tem Waronek, and Mayor Uphoff
NOES: None
ABSENT: Councilmember Waite
9. PUBLIC HEARINGS
None scheduled.
10. ADJOURNMENT
Lomita City Council Regular Meeting Minutes
September 17, 2024
There being no further business to discuss, Mayor Uphoff adjourned the meeting at 6:40 p.m.
Respectfully submitted,
Tall son
Adopted: November 5, 2024