20101115 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MONDAY, NOVEMBER 15, 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 advised that a closed session item respecting an
existing litigation matter was inadvertently omitted from the
agenda, and requested the item be added to the agenda.
It was moved by McCormick and seconded by Davis, to add the
existing litigation matter to the closed session portion of the
agenda. Motion carried, 5-0.
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.
Matt Gleason of Southern California Association of Governments
(SCAG) announced that SLAG, in cooperation with L.A. Metro and
OCTA, is conducting an alternatives analysis study of the
Pacific Electric West Santa Ana Branch Corridor. Informational
pre -meetings for the public will be held on November 16th in
Paramount, November 23rd in Cerritos, and December lst in
Huntington Park. Gleason handed out flyers detailing the
meetings and encouraged staff and citizens to attend.
The Mayor thanked Gleason for the information and asked if there
was anyone else who wished to address the City Council. No one
responded.
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 November 15, 2010.)
Director of Community Services & Water Kevin Wilson advised
that staff met with representatives of Southern California
Edison (SCE) after the last City Council meeting, and
thoroughly reviewed the proposed ordinance with them to
examine the impacts it would have on SCE's operations. He
advised that a follow-up meeting with the Gas Company was
scheduled for the upcoming Thursday, and requested that the
hearing and first reading of Ordinance No. 1175 be
continued to the next meeting.
Wilson submitted letters received on the matter to the City
Clerk for the record.
ORDINANCE NO. 1175 - An Ordinance of the City Council of
the City of Vernon Establishing a Five -Year Restriction on
Regular City Council Meeting Minutes
November 15, 2010
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)
At 9:04 a.m., it was moved by McCormick and seconded by
Newmire, that the public hearing and first reading of
Ordinance No. 1175 be continued to the next City Council
meeting. Motion carried, 5-0.
2. Consider the proposed issuance by the California Municipal
Finance Authority of its revenue bonds in one or more
series in an amount not to exceed $16,000,000 to Golden
West Trading, Inc., Culver City Meat Co., Inc., or another
affiliate thereof. The proceeds of the bonds will be used
to: (i) finance the design, acquisition, installation,
construction, development, improvement, rehabilitation, and
equipping of a food processing facility located at 3376 E.
44th Street in the City of Vernon; and (ii) pay certain
expenses incurred in connection with the issuance of the
bonds.
At 9:05 a.m., it was moved by Newmire and seconded by
Maisano, to open the public hearing. Motion carried, 5-0.
The Mayor asked if there was anyone who wished to address
the City Council on this matter. No one responded.
At 9:06 a.m., it was moved by McCormick and seconded by
Newmire, to close the public hearing. Motion carried, 5-0.
RESOLUTION NO. 2010-161 - A Resolution of the City Council
of the City of Vernon Approving the Issuance of Revenue
Bonds by the California Municipal Finance Authority in an
Aggregate Principal Amount Not to Exceed $16,000,000 for
the Purpose of Financing the Acquisition of Certain
Recovery Zone Facilities for the Benefit of Golden West
Trading or an Affiliate thereof, Ratifying the Designation
of the County of Los Angeles as a Recovery Zone Within the
Meaning of the American Recovery and Reinvestment Act of
2009, and Other Related Matters.
It was moved by McCormick and seconded by Davis, that
Resolution No. 2010-161 be approved and adopted. Motion
carried, 5-0.
CONSENT CALENDAR
1. City Administration
a. RESOLUTION NO. 2010-166 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing
the Execution of an Agreement By and Between the City of
Vernon and BLX Group LLC for Financial Advisory and
Consulting Services.
b. Report of California Contract Cities 30th Annual Fall
Seminar attended by Councilmen, to be received and filed.
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November 15, 2010
2. City Clerk Department
a. RESOLUTION NO. 2010-167 - A Resolution of the City
Council of the City of Vernon, California, Calling for
the Holding of an All Mail Ballot General Municipal
Election to be Held on Tuesday, April 12, 2011 for the
Election of Certain Officers as required by the
Provisions of the Charter of the City of Vernon.
b. RESOLUTION NO. 2010-168 - A Resolution of the City
Council of the City of Vernon, California, Requesting the
Board of Supervisors of the County of Los Angeles to
Render Specified Services to the City Relating to the
Conduct of a General Municipal Election to be Held on
Tuesday, April 12, 2011.
c. RESOLUTION NO. 2010-169 - A Resolution of the City
Council of the City of Vernon, California, Adopting
Regulations for Candidates for Elective Office Pertaining
to Candidate Statements Submitted to the Voters at an
Election to be Held on Tuesday, April 12, 2011.
3. Community Services & Water Department
a. RESOLUTION NO. 2010-170 - A Resolution of the City
Council of the City of Vernon Authorizing the Issuance of
a Request for Proposals for the Maintenance, Testing and
Repair of Underground and Aboveground Storage Tanks, Fuel
Dispensers and Related Facilities.
b. Building Department Report for the month of October 2010,
to be received and filed.
4. Fire Department
a. Activity Report for the period of October 16 through
October 31, 2010, to be received and filed.
5. Health Department
a. October 2010 Report, to be,received and filed.
6. Police Department
a. RESOLUTION NO. 2010-171 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing
the City's Participation in the Sobriety Checkpoint Mini -
Grant Program and Approving and Authorizing the Execution
of Grant Agreement No. SC11446 By and Between the City of
Vernon and the University of California, Berkeley Traffic
Safety Center.
b. RESOLUTION NO. 2010-172 - A Resolution of the City
Council of the City of Vernon Approving the City's
Participation in the 2009 State Homeland Security Grant
Program By the Vernon Police and Fire Departments,
Approving and Authorizing the Execution of a Subrecipient
Agreement By and Between the City of Vernon and the
County of Los Angeles and Authorizing the Execution of
Documents Necessary to Obtain the Grant.
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c. Activity Log and Statistical Summary of Arrest and
Activities for the period of October 16 through October
31, 2010, to be received and filed.
7. Purchasing Department
a. Authorization to issue a purchase order not to exceed
$20,000 to Haaker Equipment Company for repairs to Vactor
Truck 5302.
8. Treasurer's Department
a. Approval of Payroll Warrant Register No. 653, totaling
$2,621,423.79, which covers the period of September 12
through October 9, 2010, and consists of the following:
1. Ratification of electronic fund transfers (EFTs)
totaling $2,606,099.63; and
2. Checks paid through prior General Fund Warrant
Register totaling $15,324.16.
b. Approval of City Warrant Register No. 1324, totaling
$884,776.17, which covers the period of October 26
through November 8, 2010, and consists of the following:
1. Ratification of wire transfers totaling $304,135.46;
2. Ratification of the issuance of early checks
totaling $478,361.04; and
3. Authorization to issue pending checks totaling
$102,279.67.
It was moved by McCormick and seconded by Maisano, that the
matters on the Consent Calendar be approved as recommended.
Motion carried, 5-0.
ORDINANCES
1. ORDINANCE NO. 1178 - An Ordinance of the City Council of
the City of Vernon Extending the Existing Time Limits for
the Effectiveness of and the Receipt of Tax Increment for
the Industrial Redevelopment Project (First Reading).
It was moved by McCormick and seconded by Davis, that
Ordinance No. 1178 be approved for a first reading. Motion
carried, 5-0.
2. ORDINANCE NO. 1179 - An Ordinance of the City Council of
the City of Vernon Eliminating The Existing Time Limits On
Incurring Debt For The First Amended Industrial
Redevelopment Project (First Reading).
It was moved by Maisano and seconded by Newmire, that
Ordinance No. 1179 be approved for a first reading. Motion
carried, 5-0.
RESOLUTIONS
1. A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of an Agreement
Between the City of Vernon and Seki Nishimura & Watase, LLP
for Legal Services.
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It was moved by McCormick and seconded by Davis, that the
aforementioned resolution be approved and adopted.
The Mayor asked for confirmation that the proposed law firm
would be new to the City and that it is a large firm.
Interim City Attorney Willard Yamaguchi confirmed that this
would be a new firm, but is not as large as a Latham -type
firm. He advised that Bill Seki is a former District
Attorney who currently represents a lot of local agencies
in defense of police officer cases. Seki was being sought
to help the City with the Batchan taser matter because of
his expertise in the area.
The Mayor stated that he was concerned about the cost of
retaining another major law firm for a particular case. He
advised that Liebert, Cassidy & Whitmore is currently under
contract with the City for municipal labor law matters, and
recommended the City utilize that firm's services for the
Batchan case. He recommended the resolution be denied.
Yamaguchi advised that the City was in the middle of
litigation, facing discovery matters, depositions, and
mandatory settlement conferences coming up at the beginning
of the next month, and that there was a need to fill the
void on the Batchan case created by the recent departure of
RWG. He reiterated that Seki was recommended because of
his expertise in the area.
The Mayor reaffirmed his recommendation to deny the
proposed retention of Seki and assign the case to the labor
attorneys currently under contract with the City.
Councilman Davis recommended the Seki resolution be
approved because of the time sensitivity of upcoming
activities on the Batchan case.
Yamaguchi clarified that there was currently a motion on
the table to approve the Seki resolution.
The Mayor called for a vote on the motion to approve the
Seki resolution. Motion denied, 1-4.
2. RESOLUTION NO. 2010-173 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of an Engagement Letter Agreement By and Between
the City of Vernon and Nielsen, Merksamer, Parrinello,
Mueller & Naylor, LLP for Legislative and Administrative
Advocacy Services.
It was moved by Davis and seconded by McCormick, that
Resolution No. 2010-173 be approved and adopted. Motion
carried.
ORAL REPORTS
1. City Administrator Reports.
City Administrator Mark Whitworth invited Department Heads
up to report on recent activities in their respective
departments.
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Interim Police Chief Jim Rodino reported as follows:
a. November 2, 2010, officers assisted the Vernon Fire
Department in an industrial accident at Versa Cold
Logistics, 4224 District Boulevard, where which an
employee severed his fingers. CAL -OSHA is
investigating the incident.
b. November 4, 2010, officers responded to a burglary
report of $4,500 of stolen copper tacks from Lucky
Brand Jeans at 5400 Alcoa.
c. November 6, 2010, officers responded to a call of an
injured person in the roadway in front of 3030
Atlantic. The subject was unconscious with head
injuries and was transported to the hospital. The
follow-up investigation revealed that the subject is a
gang member and wanted nothing to do with the police
or their investigation.
d. November 8, 2010, officers responded to a burglary
report at 3165 Slauson, in which the subject had
$5,700 worth of blouses stolen from his truck.
e. November 11, 2010, officers responded to a burglary
report at the construction site on 55th Street, in
which unknown suspects stole $10,000 worth of copper
wire.
f. November 12, 2010, officers responded to a grand theft
report at Niki Biki, 2141 52nd Street, in which unknown
suspects stole $2,280 worth of jackets.
g. November 12, 2010, officers responded to an industrial
accident at Overhill Farms, 2727 Vernon Avenue, in
which a fairly new employee severed his right middle
finger. CAL -OSHA is investigating the incident.
h. Officer Encinas completed the San Antonio Rock and
Roll Marathon in 3 hours and 34 minutes. He's one of
the best runners in the department.
Police Captain Danny Calleros reported that there had been
no incidents of graffiti since the last meeting. He asked
if the Councilmembers had any to report.
One of the Councilmen had one location to report, but could
not recall it at the time, and would advise Calleros
tomorrow.
Assistant Fire Chief Mike Wilson reported as follows:
a. November 16, 2010, Children's Hospital of Los Angeles
is sponsoring a blood drive at Fire Station 2 from
7:00 a.m to 2:00 p.m. Typically, there is a pretty
good turnout of businesses and City staff.
b. The department is once again participating in the
Spark of Love toy drive, which begins just after
Thanksgiving. City businesses usually donate a lot to
this cause.
c. Three paramedics have received their haz mat
technician certificates through a grant -funded
program. They'll be attending specialist school in
December to become full-blown specialists like the
rest of the haz mat team.
d. There have been a rash of brush and debris fires in
the last couple of weeks, three on the 710 freeway and
two behind some of the businesses on the spur tracks,
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that the department was able to contain before they
became problematic.
e. November 9, 2010, crews responded to a structure fire
at Van's Industrial Food, 3285 E. Vernon, started by a
vent pipe under the oven that caused the roof to catch
fire.
Whitworth reported that a letter from Dunn Edwards
announcing the closing of their plant in Commerce and a
reduction to their plant in Vernon had been received and
distributed to the Council.
Risk Manager Willard Yamaguchi reported that open
enrollment meetings for employee health benefits for active
and retired employees would be held November 16, 17, and
22, 2010, including evening sessions. There will be a few
changes, and if everything goes as planned, the City will
pay about $100,000 less than it currently pays. Initially,
an 8.501 increase to the premium was anticipated.
The Mayor congratulated Yamaguchi on the cost reduction and
thanked him for all his hard work.
Whitworth added that by going to a different broker and
reviewing all options, the City is able to offer a better
package to the employees at a lower cost.
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 9:30 a.m., it was moved by McCormick and seconded by Maisano,
that the City Council enter into closed session to discuss the
items listed on the closed session agenda. Motion carried, 5-0.
At 10:17 a.m., the City Council resumed open session.
CLOSED SESSION REPORT OUT
The Interim City Attorney reported as follows:
1. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
a. Title: Interim Chief of Police
The City Council unanimously voted to appoint Daniel
Calleros as the Interim Chief of Police, effective
November 15, 2010, with no change in compensation; he
will remain at his current Captain's pay.
b. Title: Police Captain
The City Council unanimously voted to reclassify James
Rodino to the position of Police Captain, step 1,
effective November 15, 2010, and reinstate his former
Captain's pay.
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2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(a)
Ruben Herrera vs. City of Vernon, Case No. VNO 0529214 and
VNO 0529213
The council unanimously approved the settlement of the
matter entitled Ruben Herrera vs. City of Vernon. The
details of the settlement will be made available once
finalized by all parties.
It was moved by McCormick and seconded by Davis to add the
case of Luis "Art" Reynoso vs. City of Vernon, Case No. to
the closed session agenda on the basis that this matter was
brought to the attention of the City Clerk after posting of
the agenda. Motion carried, 5-0.
The council unanimously approved the settlement of the.
matter entitled Luis "Art" Reynoso vs. City of Vernon. The
details of the settlement will be made available once
finalized by all parties.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9(c) - Potential initiation
of litigation.
a. It was moved by. McCormick and seconded by Davis to add
the case of Luis "Art" Reynoso vs. City of Vernon,
Case No. to the closed session agenda on the basis
that this matter was brought to the attention of the
City Clerk after posting of the agenda. Motion
carried, 5-0.
The council unanimously approved the settlement of the
matter entitled Luis "Art" Reynoso vs. City of Vernon.
The details of the settlement will be made available
once finalized by all parties.
b. Richard Hill vs. City of Vernon, Case No. CAWC 0886
The council unanimously approved the settlement of the
matter entitled Richard Hill vs. City of Vernon. The
details of the settlement will be made available once
finalized by all parties.
c. Jed Hulsey vs. City of Vernon, Case No. CAWC 0787
The council unanimously approved the settlement of the
matter entitled Jed Hulsey vs. City of Vernon. The
details of the settlement will be made available once
finalized by all parties.
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d. Jason McEachran vs. City of Vernon, Case No. CAWC 0895
The council unanimously approved the settlement of the
matter entitled Jason McEachran vs. City of Vernon.
The details of the settlement will be made available
once finalized by all parties.
e. Oscar Zozaya vs. City of Vernon, Case No. CAWC 1038
The council unanimously approved the settlement of the
matter entitled Oscar Zozaya vs. City of Vernon. The
details of the settlement will be made available once
finalized by all parties.
f. Stephen Agon vs. City of Vernon, Case No. CAWC 1000
The council unanimously approved the settlement of the
matter entitled Stephen Agon vs. City of Vernon. The
details of the settlement will be made available once
finalized by all parties.
g. Chad McGovney vs. City of Vernon, Case No. CAWC 0791
The council unanimously approved the settlement of the
matter entitled Chad McGovney vs. City of Vernon. The
details of the settlement will be made available once
finalized by all parties.
h. Robin Tomalsoff vs. City of Vernon, Case No. CAWC 1039
The council unanimously approved the settlement of the
matter entitled Robin Tomalsoff vs. City of Vernon.
The details of the settlement will be made available
once finalized by all parties.
The City Clerk announced that there were no further items on the
agenda.
At 10:19 a.m., it was moved by McCormick and seconded by
Newmire, that the meeting be adjourned. Motion carried.
ATTE
Willard C. Yam hi
City Clerk
Hilario Gonz�s
Mayor
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