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20101101 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, NOVEMBER 1, 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 9:01 a.m. by Mayor Gonzales. The City Clerk announced the following corrections to the agenda: 1. The word "Company" was misspelled under Public Hearing Item No. 2. 2. The closed session items at the end of the agenda were incorrectly numbered as 2, 3, and 4; they should be 1, 2, and 3. 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. 1. Don Pennel, President and Owner of The Ligature, advised that his company, which is the oldest engraving company in Southern California and one of the largest in the United States, has been in Vernon since 1982. In 2002, the company built a new 72,000 square foot building on Alcoa. He stated that it is one of the nicest buildings in Vernon and that his company is very proud to be in Vernon. The company intentionally located in Vernon because of its business -friendly environment. Pennel expressed his concerns, and possibly those of other businessmen in Vernon, about problems within the City that have been reported in the newspapers and various court documents. He cited the following list of concerns. 1. There must be legitimate elections in the City, not that they were necessarily wrong in the past. 2. There should be audited and published financial statements conducted by a Certified Public Accountant of reputation, and those should be made available to the public. 3. we should fight disincorporation vigorously because being overtaken by another government entity will not serve the best interests of the residential and business communities. 4. There should be no conflicts of interest - employees should not be consultants or legal counsel and there should be a very distinct differentiation between those who work for the City and those who counsel the City. 5. There should be no double titles and double salaries - there should be one job description for each person who should be paid accordingly. 6. Employee salaries and pensions must be reasonable, paying the most we can afford to get the best Regular City Council Meeting Minutes November 1, 2010 possible, while remaining in line with what competition is paying. 7. Above all other items on the list, we need top-notch legal counsel involving a very high -caliber Los Angeles law firm, as that is what is required to fight disincorporation. It won't be cheap, but it will be worth it. 8. There must be double checks on all expense accounts, meaning more than one person who signs off on expense accounts. 9. Efficient government is needed for the residents and businesses, and businesses should be involved in an advisory capacity to help achieve that. 10. We should have fair power rates. The power system in Vernon is absolutely wonderful; it is set up for a very legitimate reason and properly running it serves a great benefit to the residents and businesses. 11. We must maintain an outstanding fire department, police department, power and light department, community service and water department, and environmental health department. We must have a top-notch city attorney, city treasurer, and city clerk, and we must have the very best city administrator we can find. 2. John Norton of All American Manufacturing, advised that his company has been in the City for about seventy years and wants to continue to be here, as Vernon has been a great place to do business. He commended the administration and staff of the City. With regard to possible disincorporation, he echoed the great concerns of Mr. Pennel and other business owners he's spoken to with. Mr. Norton spoke to one of the major criticisms that Vernon is not representative of any electorate and emphasized the need for some sort of business advisory committee to function with the government and make it more representative of the community it serves. This would enable the businesses to stand behind the City and fend off disincorporation efforts. 3. Marisa Olguin of the Vernon Chamber of Commerce, stated that the Chamber and its Board of Directors has valued the constructive discussions it's had with the City with regard to addressing the issue of salaries and charges against a former staff member. The Chamber is also concerned about the possible disincorporation efforts by Los Angeles area public officials that have been reported in the media. Disincorporation would put the stability of 1,400 businesses and their 55,000 employees at risk, as businesses would no longer receive the timely fire and police services, health department services, and all the other excellent services the City has been designed to offer. It would have a long-term detrimental economic impact that would negatively impact the surrounding communities and the global trade economy. The Chamber recommends the City reestablish some best practices, many of which were outlined by Mr. Pennel and Mr. Norton, relating to hiring practices, travel practices, contract selection, and compensation practices that are similar to other industrial communities within and even outside California. The Chamber represents about 430 Page 2 of 12 Regular City Council Meeting Minutes November 1, 2010 businesses with its memberships, equating to approximately 25,000 jobs. The Chamber sees Vernon businesses as the true taxpaying constituency and would like to see a more active and legitimate role for the business community with regard to governmental participation. The Mayor thanked the audience members for their comments and asked if there was anyone else who wished to address the City Council. No one responded. PRESENTATIONS 1. RESOLUTION NO. 2010-149 - A Resolution of the City Council of the City of Vernon Commending Richards, Watson & Gershon and Laurence S. Wiener for Their Services to the City of Vernon. It was moved by Davis and seconded by McCormick, that Resolution No. 2010-149 be approved and adopted. Motion carried, 5-0. Laurence Wiener was not in attendance to receive the resolution. 2. Service Pin Awards The Mayor presented a service pin to the following employee and congratulated her on behalf of the entire City Council. Employee Name Job Title Years Dolores Jaunzemis Purchasing Assistant 25 The following employee was unable to attend the meeting to receive her service pin. Employee Name Job Title Years Marianne Vazquez Isenior Admin. Assistant 10 3. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring October 17-23, 2010, as National Health Education Week. It was moved by Newmire and seconded by McCormick, that the proclamation respecting National Health Education Week be approved. Motion carried, 5-0. The Mayor presented the proclamation to Rick Loya, Vice President of the California Association of School Health Educators. Loya thanked the City Council and added that the disincorporation efforts were not right and encouraged the City to fight disincorporation. The City Clerk announced there was a closed session item that needed to be addressed at this point. At 9:15 a.m., it was moved by Maisano and seconded by McCormick, that the City Council enter into closed session to discuss the item listed on the first closed session agenda. Motion carried, 5-0. Page 3 of 12 Regular City Council Meeting Minutes November 1, 2010 At 9:25 a.m., the City Council resumed open session. CLOSED SESSION REPORT OUT The City Administrator reported as follows: 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: Interim City Attorney The City Council unanimously voted to appoint Willard Yamaguchi as the Interim City Attorney, effective November 1, 2010. PUBLIC HEARINGS 1. Consider the adoption of Ordinance No. 1175 and a resolution amending the encroachment, license, and franchise fees and deposit schedules pursuant to Chapter 22, Article VI of the Vernon City Code. (Continued from meeting of October 4, 2010.) Director of Community Services & Water Kevin Wilson advised that he had met with both the Gas Company and Edison with regard to their concerns raised at the last City Council meeting. He submitted to the City Clerk a comment letter from the Gas Company. Both companies feel that they do a quality job of repaving cut streets, thereby preventing.any loss in value and negating the need to pay a fee for the cutting. There is also some lack of clarity with regard to whether their franchise agreements already cover such a fee. There has been some litigation on this issue between the Gas Company and the cities of Los Angeles and Santa Ana, so Wilson recommended the public hearing and respective ordinance be continued to the next meeting to allow him another opportunity to meet with both companies to fully address the issues. Wilson advised that the proposed ordinance will also increase the fees for encroachment permits and licenses, which will only affect private businesses that do not have a franchise agreement. No feedback on that portion of the proposed ordinance has been received to date. ORDINANCE NO. 1175 - An Ordinance of the City Council of the City of Vernon Establishing a Five -Year Restriction on Cutting of Newly Paved or Resurfaced Streets and Amending the Vernon City Code Regarding Deposits, Surety Bonds and Liability Insurance for Encroachment Permits and Licenses. (First reading continued to next Council meeting.) At 9:28 a.m., it was moved by McCormick and seconded by Newmire, to continue the public hearing and first reading of Ordinance No. 1175 to the next Council meeting. Motion carried, 5-0. 2. Consider an application from Lubricating Specialties Company (LSC) requesting a modification to its existing conditional use permit. Page 4 of 12 Regular City Council Meeting Minutes November 1, 2010 At 9:28 a.m., it was moved by McCormick and seconded by Newmire, to open the public hearing. Motion carried, 5-0. Director of Community Services & Water Kevin Wilson advised that Lubricating Specialties' conditional use permit would allow them to handle flammable liquids at the facility, subject to the company obtaining a lease from LADWP to build a secondary fire access road. The company has been in negotiations with LADWP, but has been unable to secure the required lease. While the company will continue with those efforts, LADWP has sent the City a letter authorizing the City's fire department to access the property for any emergency purposes. As a result, it is recommended that condition "n" of the permit relating to the construction of the secondary fire access road be amended accordingly. Lubricating Specialties will be responsible for the construction costs and repair costs for any damage to their towers caused by the fire department's access to that area. Wilson advised that the Fire Marshal was in agreement with the condition as outlined. Fire Chief Mark Whitworth stated that the access is needed and that the Fire Marshal has been working cooperatively with Wilson and Lubricating Specialties. The Mayor asked if there was anyone who wished to address the City Council on this matter. No one responded. At 9:34 a.m., it was moved by McCormick and seconded by Newmire, to close the public hearing. Motion carried, 5-0. RESOLUTION NO. 2010-150 - A Resolution of the City Council of the City of Vernon Granting a Modification to a Condition of Approval to the Conditional Use Permit for Lubricating Specialties Company for the Operation of a Petroleum Related Use Located at 3365 Slauson Avenue. It was moved by Davis and seconded by Maisano, that Resolution No. 2010-150 be approved and adopted. Motion carried, 5-0. It was moved by McCormick and seconded by Newmire, that Item No. la of the Consent Calendar be removed from the agenda. Motion carried, 5-0. CONSENT CALENDAR 1. City Administration a. REMOVED 2. Community Services & Water Department a. RESOLUTION NO. 2010-151 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for the Preparation of the 2010 Urban Water Management Plan. b. RESOLUTION NO. 2010-152 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Janitorial Services. Page 5 of 12 Regular City Council Meeting Minutes November 1, 2010 c. RESOLUTION NO. 2010-153 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for the Provision of Street Lane Line Striping Services to the City of Vernon. d. Building Department Report for the month of September 2010, to be received and filed. 3. Fire Department a. Activity Report for the period of September 16 through September 30, 2010, to be received and filed. b. Activity Report for the period of October 1 through October 15, 2010, to be received and filed. 4. Health Department a. RESOLUTION NO. 2010-154 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and MSW Consultants for Solid Waste Consulting Services. 5. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of September 16 through September 30, 2010, to be received and filed. b. Activity Log and Statistical Summary of Arrest and Activities for the period of October l through October 15, 2010, to be received and filed. 6. Purchasing Department a. RESOLUTION NO. 2010-155 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 1 to the Municipal Database License Agreement By and Between the City of Vernon and Thomas Bros. Maps d/b/a Rand McNally Providing a License for a Geographical Information Systems Digital Database for use by the Vernon Police Department. 7. Treasurer's Department a. Ratification of the following warrant registers to record the following voided checks: 1. Warrant Register No. 1321 to record voided Check No. 331007 in the amount of $90.00. 2. Warrant Register No. 1322 to record the following voided checks: a. Check No. 331197 in the amount of $60.00; b. Check No. 331226 in the amount of $950.00; c. Check No. 331253 in the amount of $155.00; and d. Check No. 331295 in the amount of $34.80. b. Approval of Payroll Warrant Register No. 652, totaling $2,707,294.14, which covers the period of August 15 Page 6 of 12 Regular City Council Meeting Minutes November 1, 2010 through September 11, 2010, and consists of the following: 1. Ratification of electronic fund transfers (EFTS) totaling $2,691,489.74; and 2. Checks paid through prior General Fund Warrant Register totaling $15,804.40. c. Approval of City Warrant Register No. 1323, totaling $1,045,686.20, which covers the period of September 28 through October 25, 2010, and consists of the following: 1. Ratification of wire transfers totaling $389,515.91; 2. Ratification of the issuance of early checks totaling $467,577.73; and 3. Authorization to issue pending checks totaling $188,592.56. d. Approval of Federal Funds for Street Improvements Warrant Register No. 4, to ratify wire transfers totaling $49,106.26, during the period of September 14 through October 25, 2010. It was moved by McCormick and seconded by Newmire, that the matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. ORDINANCES 1. ORDINANCE NO. 1176 - An Ordinance of the City Council of the City of Vernon Amending Chapter 24, Building and Construction, of the Code of the City of Vernon; Adopting By Reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 Edition of the ICC Electrical Code Administrative Provisions; (3) the 2010 California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7) the 2010 California Residential. Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, Including Amendments, Additions and Deletions, and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith. (First Reading) It was moved by McCormick and seconded by Davis, that Ordinance No. 1176 be approved for a first reading. Motion carried, 5-0. 2. ORDINANCE NO. 1177 - An Ordinance of the City Council of. the City of Vernon Amending Chapter 7, Fire Regulation, of the Code of the City of Vernon; Adopting by Reference the 2010 California Fire Code Including Amendments, Additions and Deletions, and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith. (Second Reading) It was moved by Newmire and seconded by Maisano, that Ordinance No. 1177 be approved and adopted. Motion carried, 5-0. RESOLUTIONS 1. RESOLUTION NO. 2010-156 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Page 7 of 12 Regular City Council Meeting Minutes November 1, 2010 Execution of a Service Agreement with Athens Administrators to Provide for the Administration of a Workers' Compensation and General Liability Claims Programs. It was moved by McCormick and seconded by Davis, that Resolution No. 2010-156 be approved and adopted. Motion carried, 5-0. 2. RESOLUTION NO. 2010-157 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Notice Inviting Bids for the Installation of Storm Drain Trenchless Manhole -to -Manhole Pipe Linings and Sectional Linings (Point Repairs) Along Vernon Avenue. It was moved by Maisano and seconded by McCormick, that Resolution No. 2010-157 be approved and adopted. Motion carried, 5-0. 3. RESOLUTION NO. 2010-158 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Assurances and Understandings for the Receipt and Use of Proposition A and Proposition C Funds. It was moved by Davis and seconded by Newmire, that Resolution No. 2010-158 be approved and adopted. Motion carried, 5-0. 4. RESOLUTION NO. 2010-159 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement of Counsel and a Waiver of Conflict Between the City of Vernon and Baker & Hostetler LLP for Legal Services. It was moved by McCormick and seconded by Maisano, that Resolution No. 2010-159 be approved and adopted. Motion carried, 5-0. 5. RESOLUTION NO. 2010-160 - A Resolution of the City Council of the City of Vernon Confirming the Relationship with Liebert Cassidy Whitmore. It was moved by McCormick and seconded by Newmire, that Resolution No. 2010-160 be approved and adopted. Motion carried, 5-0. DISCUSSIONS 1. Regular Schedule for City Council Meetings. City Administrator Mark Whitworth advised that the Vernon Chamber of Commerce had raised the issue of receiving information relating to agenda matters in a more timely manner. Rescheduling the regular council meetings to a Tuesday or Wednesday would allow business representatives and the public an opportunity to review items and pose questions to staff prior to the meetings. He advised the Chamber President Tom Andersen was present to address this matter. Andersen advised that this has been an item of concern for the Chamber for quite some time. Presently, the agendas are made available on Thursdays, the City in closed on Fridays, and the meetings are Monday mornings, thereby Page 8 of 12 Regular City Council Meeting Minutes November 1, 2010 leaving maybe a thirty -minute window on Monday mornings to meet with City staff to get more detailed information on a particular item. Moving the City Council meetings to a Tuesday, or Wednesday when Monday is a holiday, would provide businesspersons a full day to meet with City staff to obtain detailed information and present counter arguments on a given matter. The proposed schedule would simply afford businesspersons better access to City staff in order to protect themselves. Councilman Newmire asked if it was a matter of when the agendas were received or what day the meetings are held. Andersen clarified that it was matter of having a full day after receiving the agenda to come to City Hall to meet with staff and obtain greater detail on proposed items. He stated that City staff works diligently with concerned businesses, but sometimes things are overlooked. The Mayor thanked Andersen and called for any further questions or comments on the matter. None were raised. ORAL REPORTS 1. City Administrator Reports. City Administrator Mark Whitworth invited Department Heads up to report on recent activities in their respective departments. Interim Police Chief Jim Rodino reported as follows: a. October 7, 2010, officers made a traffic stop the resulted in a burglary arrest for stolen metal from VAC Acquisitions located at 4060 26th Street. b. October 7, 2010, officers responded to a grand theft call from Katie K, 5601 Bickett Street, in which $4,200 worth of Forever 21 sweatpants were stolen; detectives are investigating the case. c. October 15, 2010, officers responded to a grand theft call from Andre Collections, 4949 Everett Court, in which a $600 water valve was stolen; there are no suspects or leads in the case. d. October 16, 2010, officers responded to a strong arm robbery call in the area of 1911 Vernon Avenue, in which the victim's purse was forcibly stolen. A witness provided the license plate of the vehicle the suspect fled in and detectives are investigating the case. e. October 20, 2010, South Gate Police Department requested canine assistance on a robbery and assault with a deadly weapon case. Two suspects were involved; one was caught at the scene and the other was caught by Officer Stevenson and his dog, Roy, during an area search at the residence of 2500 Southern Avenue. f. October 23, 2010, officers arrested a suspect for copper wire theft from the vacant Bandini Fertilizer building at 4212 26th Street, a site of numerous copper thefts. g. October 29, 2010, officers responded to a fatal traffic collision in the 5500 block of Downey Road, Page 9 of 12 Regular City Council Meeting Minutes November 1, 2010 which turned out to be in the County's jurisdiction, and thus, was handled by the CHP. h. Earlier in October, the department purchased three motorcycles (two late -model BMWs and one Kawasaki) from the City of Maywood Police Department for a total cost of only $2,600. The bikes will be used for training purposes only. Police Captain Danny Calleros reported on the following vandalism incidents: a. October 26, 2010, officers spray -painting graffiti on 5700 Santa Fe Avenue. b. October 31, 2010, officers spray -painting box cars in Boulevard. arrested a male suspect for two businesses at 5601 and arrested a male suspect for the area of 4717 District Assistant Fire Chief Mike Wilson reported as follows: a. October 13, 2010, the department participated in a table -top exercise with Mobil Oil that was required by the company for insurance purposes. b. October 16, 2010, the department assisted A4 Manufacturing, 6199 Malburg Way, with bucket brigade and hose stream competitions for kids at their company picnic. c. October 18 and 19, 2010, the department participated in a training exercise at Hodgkin's Center relating to battery -operated electrical hybrid vehicle fires, including electrocution prevention measures. d. October 27, 2010, the department conducted an evacuation drill at City Hall as part of the Southern California Great Shakeout Drill. They also conducted an evaluation drill at BCBG on Fruitland and Soto. e. October 28, 2010, Captain Busch began conducting Incident Command System (ICS) 300 classes for staff and department heads as part of the Emergency Operations Center (EOC) requirements. f. The department is currently completing the mandated annual haz mat physicals. g. October 20, 2010, crews responded to a structure fire at 5383 Alcoa that turned out to be a container fire of a very large filtration system just outside the building. Because of the oil involved, the fire created a big black plume, got really hot, and took a while to completely extinguish. h. October 26, 2010, crews responded to a vehicle that struck a telephone pole at the intersection of Soto and 54th Street, in which the vehicle caught fire and caused severe damage to the pole. The driver had left the scene before crews arrived. Whitworth reported as follows: a. Finance Director Rory Burnett had completed the required reporting of all employee salaries to the State Controller's office, and the Controller's office acknowledged receipt of said report. b. October 17 and 18, 2010, visited Coachella Valley with the Council, checking on matters relating to Project Gust and the wind farms. Page 10 of 12 Regular City Council Meeting Minutes November 1, 2010 c. October 28-30, 2010, attended the California Contract Cities seminar in Santa Barbara. The City Clerk announced that there were no further items on the open session portion of the agenda, but there were items for closed session. At 9:56 a.m., the Mayor called a short recess. At 10:00 a.m., it was moved by McCormick and seconded by Newmire, that the City Council enter into closed session to discuss the items listed on the closed session agenda. Motion carried, 5-0. At 10:10 a.m., the City Council resumed open session. CLOSED SESSION REPORT OUT The Interim City Attorney reported as follows: 1. PUBLIC EMPLOYEE EVALUATION Government Code Section 54957 Title: Interim Chief of Police No reportable action was taken. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 4900 Pacific Boulevard, Vernon, California Agency Negotiators: George Mihlsten Negotiating Party: Pacific XC, LP Under Negotiation: Price and Terms of Payment No reportable action was taken. 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Government Code Section 54956.9(b)(3) Number of potential cases: l The City has received a claim for damages pursuant to the Tort Claims Act. The claim is available for public inspection. The City Council unanimously voted to reject the claim for damages filed by Ali Reda. The City Clerk announced that there were no further items on the agenda. Page 11 of 12 Regular City Council Meeting Minutes November 1, 2010 At 10:11 a.m., it was moved by McCormick and seconded by Davis, that the meeting be adjourned. Motion carried. ATTES Wi'llalyd G. City Clerk Hilari c zales Mayor Page 12 of 12