20100426 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD MONDAY, APRIL 26, 2010,
IN THE COUNCIL CHAMBER 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 at 9:00 a.m. by Mayor
Gonzales.
The City Clerk announced that there were no changes to
the agenda
The City Clerk announced that this was the time
allotted for public comments.
The Mayor asked if there was anyone in the audience
who wished to address the City Council. No one responded.
The Consent Calendar was presented.
CONSENT CALENDAR
Fire Department
1. Activity Report for the period of April 1 through April 15,
2010, to be received and filed.
Health & Environmental Control
1. March 2010 Monthly Report, to be received and filed.
Light & Power
1. Resource Procurement Report for the month of February 2010,
to be received and filed.
Police Department
1. Activity Log and Statistical Summary of Arrest and
Activities for the period of April 1 through April 15,
2010, to be received and filed.
Treasurer's Department
1. Approval of the following Warrant Registers covering the
period of April 13 through April 19, 2010.
a. Warrant Register No. 1310, totaling $534,070.35, which
consists of the following:
■ Ratification of wire transfers totaling $314,822.76;
■ Ratification of the issuance of early checks totaling
$20,637.07; and
Authorization to issue pending checks totaling
$198,610.52.
b. Light & Power Warrant Register No. 275, totaling
$3,162,909.02, which consists of the following:
■ Ratification of wire transfers totaling $3,043,571.58;
Regular City Council Meeting Minutes
April 26, 2010
• Ratification of the issuance of early checks totaling
$1,008.78; and
■ Authorization to issue pending checks totaling
$118,328.66
c. Gas Warrant Register No. 63, totaling $36,799.56, which
consists of the following:
■ Ratification of the issuance of early checks totaling
$6,567.06; and
• Authorization to issue pending checks totaling
$30,232.50.
d. Payroll Warrant Register No. 646, covering the period of
February 14 through March 13, 2010, which totals
$3,003,859.98, and consists of the following:
• Ratification of electronic fund transfers (EFT)
totaling $2,929,571.63;
• Ratification of the issuance of early checks totaling
$57,292.99; and
■ Checks paid through prior General Fund Warrant
Register totaling $16,995.36.
It was moved by McCormick, seconded by Maisano, that
the matters on the Consent Calendar be approvedasrecommended.
Motion carried. 5-0
RESOLUTION NO. 2010-51.- A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
City's Membership in ICLEI - Local Governments for
Sustainability USA (ICLEI USA), Appointing the City's Elected
Official Liaison and Authorizing the City Administrator to Make
Other Appointments Consistent Therewith.
The Mayor asked the City Administrator to explain the
ICLEI USA membership.
City Administrator Donal O'Callaghan explained that
the proposed membership is in line with the sustainability
program the City is working on with other outside consultants.
He introduced Mr. Krishna Nand, Environmental Program Manager
for the, City, and asked Mr. Nand to provide some additional
information on the matter.
Mr. Nand stated that the City is trying to develop a
sustainability program for the entire City. The ICLEI USA
organization helps manage sustainability programs all over the
United States. One benefit of the ICLEI USA membership is
access to sophisticated software developed by the organization
for calculating greenhouse gas emissions. Another benefit is
exposure to a wide range of sustainability programs around the
country.
City Administrator O'Callaghan stated that the ICLEI
USA membership will give the City access to software and
documents on programs that have already been carried out in the
country. The membership will work hand -in -hand with the
sustainability program the City is working on with one of its
consultants, Mr. Cliff Gladstein:
City Administrator O'Callaghan stated that a major
issue with regard to sustainability is the reduction of
greenhouse gas emissions. Current legislation provides for the
use of credit awards to reduce greenhouse gas footprints. The
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April 26, 2010
City's footprint is fairly low compared to other cities, but the
City needs to be prepared moving forward because the credit
awards are going to become very expensive.
It was moved by McCormick, seconded by Maisano, that
Resolution No. 2010-51 be approved and adopted. Motion carried.
5-0
The City Clerk advised that Resolution No. 2010-51
calls for the appointment of the City's Elected Official Liaison
to ICLEI USA.
It was moved by Davis, seconded by Newmire, that Mayor
Gonzales be appointed to serve as the City's Elected Official
Liaison to ICLEI USA. Motion carried. 5-0
RESOLUTION NO. 2010-52 - A Resolution of the City
Council of the City of Vernon Authorizing the Execution of an
Application for an Enforcement Assistance Grant from the
California Department of Resources Recycling and Recovery
(CalRecycle).
It was moved by McCormick, seconded by Davis, that
Resolution No. 2010-52 be approved and adopted. Motion carried.
The City Clerk announced that this was the time to
hold the discussion regarding a City policy on the donation of
surplus property.
City Administrator O'Callaghan asked the City Attorney
to explain this matter.
City Attorney Laurence Wiener stated that surplus
property is property that the City no longer has a need for, and
explained the matter as follows: The Vernon City Code does not
provide for the donation of surplus property. It provides only
for the sale of surplus property for value. Typically,
ordinances that provide for the sale of surplus property are
interpreted to provide for the fact that if the property has so
little value that the cost of going through the sale process
exceeds the value of the sale, then the property can be disposed
of by some alternative means, including donations. Some charter
cities do have provisions which allow for the donation of
surplus property, whereas general law cities do not as the
Constitution does not allow them to do so. As a charter city,
Vernon has the option to amend its code to provide for the
donation of surplus property. There is a conflict between the
City Code and the City's practice in that the City has a
tradition of donating surplus property. The matter was brought
to the City Council to determine whether or not a code amendment
was desired.
City Attorney Wiener advised that staff was seeking to
determine whether the City Council preferred to continue the
current donation practice and amend the code accordingly, or
follow the current code and discontinue the donation practice.
He posed the following two questions to the City Council:
1. Does the City want to continue to make donations of
surplus property or should the City sell surplus
property only for value?
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2. If it is decided to continue the practice of
donating surplus property, should any restrictions
be placed on said practice, such as donations only
to non-profit organizations?
The Mayor called for any comments on the surplus
property matter.
Councilman Davis recommended that, because of the
current economy, the City sell surplus property, so at least
some income is derived.
Mayor Pro Tem McCormick recommended that the City
continue the past practice of donating surplus property to non-
profit organizations.
The Mayor asked if donations were handled based on the
value of the property.
City Attorney Wiener responded that, based on his
discussions with staff, he was under the impression that
donations of surplus property have traditionally been made even
when the property has material value.
Mayor Pro Tem McCormick provided an example of one
such donation, whereby an out -of -service fire engine was donated
to a fire academy.
The Mayor asked when the last donation of this type
was done.
Fire Chief Mark Whitworth responded that the last out -
of -service fire engine was donated to a fire academy in Rio
Hondo and prior to his term as Fire Chief, an engine was donated
to Mexico. The past donations of surplus property were approved
and authorized by City Council resolutions. Because.of
liability issues, one of the department's primary concerns is
that the surplus property donated is not used in the same
capacity as it was prior to being declared surplus.
The Mayor stated that he recalled the donation of the
fire engine to Mexico and that it went to a fire station to be
used in its original capacity.
Fire Chief Whitworth advised that donations to other
countries fall under a different set of laws, which allowed that
donation to be handled in that manner. The out -of -service
engine donated to Rio Hondo is used for training purposes only
and kept in a controlled environment with instructors.
Councilman Davis made a motion that surplus property
be sold for value, unless it will cost the city more to sell the
property than the property is worth, in which case the property
could be donated.
City Administrator O'Callaghan recommended to the City
Attorney that an evaluation of surplus equipment be done.
City Attorney Wiener agreed that evaluations could be
done in each case, but clarified that staff was seeking City
Council direction with regard to cases in which surplus property
has true value, value that exceeds the cost of the sale. He
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restated that the current ordinance provides that surplus
property shall be sold for value. Ordinances in some other
cities also provide for alternative means of disposal, which
usually means some sort of donation.
The Mayor stated that, because of the current economy,
surplus items of great value should not be donated. He
recommended that a restriction be placed on the value of surplus
property considered for donation.
City Attorney Wiener advised that establishing a
threshold amount, under which surplus property would be allowed
to be donated, was also an option.
Councilman Newmire recommended that the City consider
retaining certain surplus property, particularly fire apparatus,
for future display/use in a Vernon City or Vernon Fire museum.
Councilman Maisano raised a concern with the issue of
the City's liability in the case of donations that the Fire
Chief touched on earlier.
City Attorney Wiener recommended that, regardless of
whether surplus property is donated or sold, in cases where such
property has potential liability in terms of its future use, the
City should enter into an agreement with the receiving party to
release the City of any liability.
The Mayor asked if staff was seeking a motion from the
City Council on this matter.
City Attorney Wiener responded that some direction or
motion from the City Council was desired, and stated that, based
on the comments heard to this point, one of two motions seemed
appropriate: (1) amend the ordinance to allow for donations,
perhaps with certain conditions, such as limiting the value of
the property subject to donation; or (2) leave the current
ordinance as is and sell surplus property, at least in the cases
where the sale exceeds the value of the property.
Councilman Davis renewed his motion to sell surplus
property, unless it would cost the City more to sell the
property than the property is worth, in which case the property
could be donated. Councilman Maisano seconded the motion.
Motion carried. 5-0
The City Clerk announced that this was the time to
hold the discussion regarding the consolidation of the Code
Inspector and Fire Marshall into one office facility.
City Administrator O'Callaghan advised that he had
spoken with the Fire Chief and the Director of Community
Services regarding this matter and explained as follows:
Consolidating the Code Inspector and Fire Marshall into one
office facility would better utilize the talents of both
positions with regard to the inspection and enforcement
requirements under the California Building Code and Vernon Fire
Code. Because of the parallels and overlaps between the two
codes and, thus, the duties of the two positions, having them
work alongside each other in the same location would be more
convenient for the public and ensure that the fire protection
requirements under both codes are being met from the earliest
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stages of code inspections. The Fire Marshal is currently
located at one of the fire stations and the Code Inspector is
located in the Community Services Department in City Hall.
City Administrator O'Callaghan clarified that he was
proposing only to place Fire Marshal Jed Hulsey and Code
Inspector Bill Wilson together in the same office facility, and
was not proposing to consolidate the Fire Marshal and Code
Inspector positions into one position.
Councilman Maisano asked for the Fire Chief's input on
this matter.
Fire Chief Mark Whitworth concurred with the City
Administrator's recommendation to consolidate the Code Inspector
and Fire Marshal into the same office facility to enable them to
work together on a regular basis. He advised that the two
positions are currently working together on field inspections
and addressing the code. He stated his willingness to take on
the assignment of overseeing the new consolidated office. He
also advised that Fire Marshal Hulsey was present to address any
concerns.
City Administrator O'Callaghan clarified that the
reporting structure would not change - the Fire Marshal would
continue to report to the Fire Chief and the Code Inspector
would continue to report to the Director of Community Services.
He was simply seeking to increase the fluidity of communications
between the two positions themselves, and their communications
with the public and City businesses. Other cities seem to be
looking toward this direction and Vernon should look into it as
well.
Fire Chief Whitworth stated that the fire prevention
component of code inspection is paramount in Vernon, and
reiterated that the Fire Marshal and Code Inspector should be
working together to ensure that the fire prevention component is
being addressed at every stage of code inspection. He asked
that Fire Marshal Hulsey be permitted to address the City
Council and provide his input on the matter.
Fire Marshal Hulsey affirmed the Fire Chief's
statement of the paramount importance of fire prevention. While
he and the Code Inspector do work together on a regular basis,
working out of separate office facilities creates certain
limitations on day-to-day operations. He concurred with the
City Administrator and the Fire Chief that working with the Code
Inspector in the same office facility would create a more
cohesive relationship, enable them to accomplish more, and be
beneficial to the City's businesses.
Councilman Newmire asked the Fire Marshal if the
proposed setup would take away from his other duties, such as
fire investigations and public education.
Fire Marshal Hulsey responded that it would not, and
would probably enable him to accomplish a little more with
respect to fire code inspections.
City Administrator O'Callaghan, in response to
Councilman Newmire's question, stated that the proposed setup
would enable the Code Inspector to do more in terms of outreach
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and communication with customers, which is also an important
part of code enforcement. Fire Marshal Hulsey agreed with this
statement.
Councilman Davis stated that he was in agreement with
a one -stop shop setup, especially for new businesses coming into
Vernon. Because the matter involves the Building Department, he
asked the Director of Community Services to provide his input.
Director of Community Services Kevin Wilson advised
that the Vernon City Code currently provides for the City
Administrator to assign certain portions of the Uniform Fire
Code to the Director of Community Services, and that the Code
Inspector is currently implementing those sections that have
previously been assigned to him. He concurred that there would
be some benefits to consolidating the Fire Marshal and Code
Inspector into one office facility, but explained that the two
positions are currently working on different aspects of code
inspection and enforcement, and recommended further examination
of how the two positions might better coordinate their duties
moving forward. The Code Inspector currently focuses on the
construction aspect, while the Fire Marshal currently focuses on
the maintenance aspect.
City Administrator O'Callaghan acknowledged a good
point raised by the Director of Community Services, which is
that only one section is conducting inspections when the
building is being constructed. He explained that both sections
should be involved in inspections from the earliest stages
forward, as the Code Inspector is primarily implementing the
Building Code and the Fire Marshal is implementing the Fire
Code. The two should run together and be in close communication
with each other throughout the construction and maintenance of
buildings, especially for the benefit of the public.
Director of Community Services Wilson clarified that
the Code Inspector is currently enforcing those sections of the
Fire Code that he has been assigned as they relate to building
construction.
Fire Chief Whitworth advised that state law provides
that fire code enforcement falls under the Fire Chief/Fire
Marshal. He explained that, as part of that duty, some sections
of the Fire Code that relate to building inspection issues have
previously been assigned to the Director of Community Services.
While he is in concurrence with consolidating the Fire Marshal
and Code Inspector into one office facility, because any
potential fire -related liability issues would fall within the
realm of the Fire Chief, Fire Marshal, and Fire Code, he
clarified that the responsibility of the Fire Code should fall
entirely under the Fire Chief.
The Mayor concurred with the City Administrator's
recommendation to consolidate the Fire Marshal and Code
Inspector into one office facility and agreed that the
cooperative efforts between the two positions should begin at
the construction stage. The new setup would help the
inspections proceed in a more timely fashion and minimize
potential problems related to the construction of new buildings.
The Mayor asked if a resolution effectuating this
change would be brought back to the City Council.
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City Attorney Wiener advised that, unless there is an
objection from the City Council, this change is within the
discretion of the City Administrator and the respective
Department Heads, as it is simply a housing issue intended to
encourage cooperation.
The City Clerk announced that this was the time for
conference/seminar reports from elected officials for the period
of March 29 through April 25, 2010.
The Mayor advised that none of the Councilmembers
attended conferences or seminars during the period of March 29
through April 25, 2010.
The City Clerk announced that this was the time for
reports and announcements from the City Administrator.
City Administrator O'Callaghan reported on the
upcoming second phase of the Wind Project, which will likely
include the sale of approximately 18,000 acres of remaining land
and a power purchase agreement for approximately 80 to 100
megawatts of renewable energy coming back into the City. The
amount of energy the City would seek to purchase would depend on
what it sees as the renewable energy program in the coming years
and what would be required to move in -line with state
legislation. He is working with Barclay's, one of the City's
financial advisors who was the main representative on the first
phase of the Wind Project, and City Attorney Wiener, on drafting
a new agreement for the second phase. City Administrator
O'Callaghan stated that he would report further and seek City
Council direction in the next few weeks.
The Mayor asked if the sale of the 18,000 acres would
occur in one lump sum, or be split as it was in the first phase.
City Administrator O'Callaghan responded that he
believes it will be one sale, given where the markets are, but
that it could be split into two traunches, so that the pricing
could be set based on the pricing of the first traunch. He
stated that he will seek advice from the City's financial
advisors regarding how to best structure the second phase,
advise the City Council accordingly, and obtain input from the
Council at that time.
The City Clerk announced that this was the time for
reports and announcements from members of the City Council.
Councilman Maisano explained that he didn't have a
chance to really say anything upon his appointment to another
City Council term at the previous meeting, so he took this
opportunity to express how very thankful he is to be able to
serve with the other four gentlemen on the City Council. He
stated that, in light of the world economy and its effect on
municipalities such as Vernon, this is a challenging time for
the City Council to be as creative as possible and get all the
information needed to make the proper decisions.
None of the other Councilmembers had anything to
report at this time.
The City Council recessed into closed session to
discuss the items listed on the closed session agenda.
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Closed Session Reports: The City Attorney reported
that the City Council unanimously voted to reject a claim
related to a power outage on March 3, 2010.
It was moved by McCormick, seconded by Newmire, that
the meeting be adjourned at 9:54 a.m. Motion carried.
ATTEST:
City Clerk
Hilario Gonzal s
Mayor
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