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20101206 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, DECEMBER 6, 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 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. Vernon Elementary School Principal April Diedrich introduced Parent Representative Aaron Sanchez and Student Council Members Halid Madrigal, David Castro, and Geraldo Cortez. Mr. Sanchez thanked the City for its donation toward the construction of the new Kindergarten playground and requested to talk to the City in the future regarding funding for technology initiatives. The student council members individually addressed the Council requesting any contributions the City could make toward the purchase of laptops and related materials, and explained how technology benefits the students. Principal Diedrich stated her understanding that budgets are tight everywhere, but that she hoped to be able to discuss possible funding in greater detail at a later date. She notified the Council of the school's new website highlighting community relations that could be accessed through the LAUSD site. The Mayor suggested Principal Diedrich contact Ron Garcia, President of the Southeast Community Development Corporation, to schedule use of the mobile computer lab donated by the City. Mr. Garcia advised that Vernon had donated over $400,000 toward the mobile computer lab, which services the Southeast region, and gave Principal Diedrich his contact information to schedule use of the lab at the school. The Mayor asked if there was anyone else who wished to address the City Council. No one responded. PRESENTATIONS 1. 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 Robin Tolmasoff Utilities Compliance Officer 20 Regular City Council Meeting Minutes December 6, 2010 The following employee was unable to attend the meeting to receive his service pin. Employee Name Job Title Years Ben Busse Sergeant 20 2. Atlantic Boulevard Bridge Aesthetics Conceptual Design Director of Community Services & Water Kevin Wilson gave a PowerPoint presentation that was an update to the architects' presentation/proposal that was considered by the Council in May 2010. He stated that the design plans seek to maintain the historical look of the bridge and explained the necessity and logistics of the widening. He advised that three options for the monument design inserts had been presented, none of which met his standards, and stated that he would bring back four proposals that represent city services, pursuant to the Council's request. Councilman Davis asked if the bridge work would necessitate a full or partial closure and if the power lines across the river would run overhead or underground. Wilson advised that the work would require a partial closure of half the bridge at a time. Two lanes in each direction would remain open during the one -and -a -half to two years it would take to complete the construction. Wilson advised that he was working with the Light & Power Department with regard to placing the power lines overhead. He was also working with Caltrans on funding for the design costs. 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 had met with the Gas Company. He asked that hearing and first reading of Ordinance No. 1175 be continued while he works with the City Attorney on redrafting the proposed ordinance to incorporate modifications requested by the Gas Company and Southern California Edison. 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) At 9:27 a.m., it was moved by McCormick and seconded by Davis, to continue the public hearing and first reading of Ordinance No. 1175 to the next City Council meeting. Motion carried, 5-0. 2. Consider the adoption of Ordinance No. 1176 relating to the 2010 Building Codes. Page 2 of 11 Regular City Council Meeting Minutes December 6, 2010 At 9:28 a.m., it was moved McCormick and seconded by Davis, to open the public hearing. Motion carried, 5-0. Director of Community Services & Water Kevin Wilson advised that the implementation of the 2010 California Building Codes was required within 180 days of adoption, and that the Los Angeles Basin Chapter had been working with the cities to achieve uniformity of the codes throughout the entire region. Wilson outlined the various codes and explained which ones City staff was recommending further amendments to in the interest of public health, safety, and welfare, and for administrative clarifications. The Mayor asked if there was anyone who wished to address the City Council on this matter. No one responded. At 9:39 a.m., it was moved by McCormick and seconded by Newmire, to close the public hearing. Motion carried, 5-0. 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. (Second Reading) It was moved by McCormick and seconded by Newmire, that Ordinance No. 1176 be approved and adopted. Motion carried, 5-0. RESOLUTION NO. 2010-175 - A Resolution of the City Council of the City of Vernon Making Express Findings and Determinations that Modifications to the 2010 California Building Code, 2010 California Electrical Code, and the 2006 Edition of the ICC Electrical Code Administrative Provisions, 2010 California Mechanical Code, 2010 California Plumbing Code, 2010 California Existing Building Code, 2009 International Existing Building Code, .2010 Residential Code, 2010 Green Building Standards Code, and 2010 Energy Code are Reasonably Necessary because of Local Climatic, Geological or Topographical Conditions. It was moved by Maisano and seconded by Davis, that Resolution No. 2010-175 be approved and adopted. Motion carried, 5-0. 3. Consider the adoption of Ordinance No. 1177 relating to the 2010 Fire Code. At 9:40 a.m., it was moved by McCormick and seconded by Newmire, to open the public hearing. Motion carried, 5-0. Fire Marshal Jed Hulsey advised that the same code is adopted every three years with a few amendments. He Page 3 of 11 Regular City Council Meeting Minutes December 6, 2010 advised of the amendments recommended by Fire Department staff and explained that said amendments would protect businesses and City employees. The Mayor asked'if there was anyone who wished to address the City Council on this matter. No one responded. At 9:45 a.m., it was moved by McCormick and seconded by Davis, to close the public hearing. Motion carried, 5-0. 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 McCormick and seconded by Davis, that Ordinance No. 1177 be approved and adopted. Motion carried, 5-0. RESOLUTION NO. 2010-176 - A Resolution of the City Council of the City of Vernon Making Express Findings and Determinations that Modifications to the 2010 California Fire Code Are Reasonably Necessary because of Local Climatic, Geological or Topographical Conditions. It was moved by Newmire and seconded by Maisano, that Resolution No. 2010-176 be approved and adopted. Motion carried, 5-0. 4. Consider proposed water rate increases to potable water and recycled water charges. At 9:47 a.m., it was moved by McCormick and seconded by Maisano, to open the public hearing. Motion carried, 5-0. Director of Community Services & Water Kevin Wilson stated that notice of the public hearing had been disseminated to businesses and posted on the City's website. Wilson summarized the background information provided in his staff report, dated October 4, 2010 (revised October 26, 2010). He explained the three components of water rates: (1) meter charge; (2) commodity charge; and (3) square footage charge. He advised that Vernon last raised its water rates in July 2007 and that since that time, the Water Replenishment District had increased its fees 37.58%, and the Central Basin Municipal Water District had increased its fees 62.24%. He talked about the significant reduction in water sales since 2007 due to environmental court rulings, drought conditions, and conservation measures enacted. The Mayor asked if the reduction in water sales was caused by mandates of reduced water consumption. Wilson advised that that was part of the reason, but that it was coupled with economic factors that had forced certain users out of business. Wilson stated that staff was proposing to increase the commodity charge by 10.44%, decrease the square footage charge, and keep the meter charge the same. He clarified Page 4 of 11 Regular City Council Meeting Minutes December 6, 2010 that after the proposed increases, Vernon's rates would be $0.01 higher than the City of Anaheim, but lower than all other municipalities in the Central Basin region. The Mayor asked if there was anyone who wished to address the City Council on this matter. No one responded. At 10:00 a.m., it was moved by McCormick and seconded by Davis, to close the public hearing. Motion carried, 5-0. RESOLUTION NO. 2010-177 - A Resolution of the City Council of the City of Vernon Establishing the Rates for the Sale of Water in the City of Vernon in Accordance with the Vernon City Code and Ordinance No. 1029. It was moved by Newmire and seconded by Maisano, that Resolution No. 2010-177 be approved and adopted. Motion carried, 5-0. CONSENT CALENDAR 1. City Administration a. RESOLUTION NO. 2010-178 - A Resolution of the City Council of the City of Vernon Rescinding Resolution No. 10,010. 2. City Clerk a. RESOLUTION NO. 2010-179 - A Resolution 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 Section lla of the Salary Resolution (Amendment No. 23) . 3. Community Services & Water Department a. RESOLUTION NO. 2010-180 - A Resolution of the City Council of the City of Vernon Granting a One Year Extension of a Conditional Use Permit for It Jeans, Inc. and Blue Banner, LLC Located at 5201 Santa Fe Avenue. b. RESOLUTION NO. 2010-181 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Sully - Miller Contracting Company for 26th Street Improvements in Accordance with Contract No. CS-0020 of the City of Vernon and Approving the Execution of Said Contract. c. RESOLUTION NO. 2010-182 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Contract Change Order No. 3 to the Consulting Services Agreement By and Between the City of Vernon and CNS Engineers, Inc. for the Design of the Rehabilitation and Widening of the Atlantic Boulevard Bridge. d. 2010-2015 Five -Year Capital Improvement Plan, to be received and filed. 4. Fire Department a. Activity Report for the period of November 1 through November 15, 2010, to be received and filed. Page 5 of 11 Regular City Council Meeting Minutes December 6, 2010 5. Health Department a.2010 Annual Vernon Jail Inspection Report, to be received and filed. 6. Personnel Department a. Resignation of Luz Martinez, Fire Department Secretary, effective December 31, 2010, for retirement purposes. b. Resignation of Sergeant Michael Chavez, effective December 25, 2010, for retirement purposes. 7. Police Department a. RESOLUTION NO. 2010-183 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the City's Participation in the Ford Municipal Finance Lease Purchase Program for the Purchase of Two Police Patrol Vehicles for the Vernon Police Department. b. Activity Log and Statistical Summary of Arrest and Activities for the period of November 1 through November 15, 2010, to be received and filed. 8. 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. 331115 in the amount of $166.72. 2. Warrant Register No. 1322 to record the following voided checks: a. Check No. 331278 in the amount of $38.10; and b. Check No. 331321 in the amount of $10.00. 3. Warrant Register No. 1324 to record voided Check No. 331632 in the amount of $140,237.60. b. Approval of City Warrant Register No. 1325, totaling $1,346,083.96, which covers the period of November 9 through November 29, 2010, and consists of the following: 1. Ratification of wire transfers totaling $582,015.50; 2. Ratification of the issuance of early checks totaling $401,199.88; and 3. Authorization to issue pending checks totaling $362,868.58. c. Approval of Federal Funds for Street Improvements Warrant Register No. 5, to ratify wire transfers totaling $30,746.80, during the period of October 26 through November 29, 2010. It was moved by Davis and seconded by Maisano, that the matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. Page 6 of 11 Regular City Council Meeting Minutes December 6, 2010 ORDINANCES 1. ORDINANCE NO. 1180 - An Ordinance of the City Council of the City of Vernon Amending Section 2.1 of the Vernon City Code Relating to the Time and Place of City Council Meetings. (First Reading) It was moved by McCormick and seconded by Newmire, that Ordinance No. 1180 be approved for a first reading. Motion carried, 5-0. 2. ORDINANCE NO. 1181 An Ordinance of the City Council of the City of Vernon Extending the Existing Time Limits for Commencement of Eminent Proceedings to Acquire Property Within the Industrial Redevelopment Project. (First Reading) It was moved by Davis and seconded by Maisano, that Ordinance No. 1181 be approved for a first reading. Motion carried, 5-0. NEW BUSINESS 1. RESOLUTION NO. 2010-184 - A Resolution of the City Council of the City of Vernon Setting the Date, Time and Place for Regular Meetings of the Public Benefits Resource Committee of the City of Vernon and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith. It was moved by McCormick and seconded by Newmire, that Resolution No. 2010-184 be approved and adopted. Motion carried, 5-0. 2. RESOLUTION NO. 2010-185 - A Resolution of the City Council of the City of Vernon Establishing a Housing Authority in Accordance with the California Housing Authorities Law (Health & Safety Code §33200, Et. Seq.). It was moved by Newmire and seconded by Maisano, that Resolution No. 2010-185 be approved and adopted. Motion carried, 5-0. DISCUSSIONS 1. Sanitation Districts of Los Angeles County (LACSD) wastewater capacity units within District 23. Director of Community Services & Water Kevin Wilson explained that wastewater capacity units are very expensive and often run with the property rather than the company. Further, the LACSD imposes strict limitations on the conditions for transfer of the units from one property to another. As a result, an undue burden has been placed on the City and its Redevelopment Agency with respect to several of the properties it has purchased in the past few years, and staff believes industrial development within the City is being inhibited. Wilson recommended that the City Council, in its service as the Board for LACSD 23, investigate the possibility of amending the regulations on transferring capacity units within said district. Page 7 of 11 Regular City Council Meeting Minutes December 6, 2010 The Mayor and City Council concurred with Wilson's recommendation. 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 Danny Calleros reported as follows: a. November 16, 2010, patrol officers recovered a stolen vehicle in the area of 41st and Alameda that was identified through the automated license plate reader system. b. November 18, 2010, officers responded to a copper wire burglary report at 4424 E. 49th Street, a vacant building with no alarm system. Three portable air conditioning units were also stolen for a total estimated loss of approximately $200,000. Detectives are working on leads that developed over the last week. c. November 18, 2010, a grand theft was reported in the 3000 block of Leonis Boulevard, in which three male suspects stole three bags containing approximately $600 in total from an unlocked vehicle. d. November 23, 2010, a vehicle arson of an unoccupied Ford truck was reported in the area of Bandini and Sunol. No suspects were located, but evidence was collected at the scene and the investigation is on- going. e. November 24, 2010, officers arrested two male subjects in the 4500 block of 49th Street for a burglary of women's clothing at 4601 50th Street. During the interview, one of the suspects confessed to several copper wire thefts and implicated a third suspect who had recently been arrested for possession of stolen copper wire. The investigation is on -going. f. November 27, 2010, patrol officers arrested a suspect for grand theft auto in the area of Alameda and 25th Street, after being alerted by the automated license plate reader system. g.December 1, 2010, a copper wire theft of approximately $7,000 in value was reported at the construction site of 2200 55th Street. There are no witnesses or leads in this case. h. The results of a compliance audit conducted by the Corrections Standard Authority for the department's jail personnel revealed that it is in full compliance. The Training Coordinator and Jail Manager were commended. i. November 23, 2010, motor officers participated in a regional traffic enforcement detail with Bell Gardens Police Department for violations ranging from crosswalk violations, seatbelt enforcement, and cellular phone use. Additional enforcement events will be conducted in several Southeast cities during the next few months, including one in Huntington Park on December 7, 2010, to target crosswalk violations near Gage Middleton School where there have been recent traffic accidents. Page 8 of 11 Regular City Council Meeting Minutes December 6, 2010 j. In a few months, Officers.Valenzuela and Velasquez will receive 10851 awards from the California Highway Patrol for their efforts in the recovery of stolen vehicles. It will be the seventh 10851 award for Valenzuela and the first for Velasquez. Police Captain Jim Rodino reported on the following vandalism incidents: a. November 21, 2010, officers arrested two juveniles for tagging/spray painting the south wall of Romas R Us at 3188 Slauson Avenue. b. November 22, 2010, officers responded to a vandalism report at Maas Hansen Steel, 2435 37th Street. Security cameras recorded two females tagging/spray painting the north company wall and trash compactor. Detectives are investigating the matter. One of the Councilmen had one location to report, but could not recall it at the time, and would advise Rodino tomorrow. Assistant Fire Chief Mike Wilson reported as follows: a. December 6, 2010, the department initiated the ambulance transport billing service in order to recover the costs of transporting patients to the hospital. b. November 17, 2010, the department held another blood drive for Children's Hospital of Los Angeles and collected a total of 92 units of blood that will help 276 children. c. The department is completing the process of converting Class B drivers licenses in accordance with a new state law. d.December 10, 2010, the Vernon Elementary School will visit Fire Station No. 2. e. The department is in the middle of the Spark of Love Toy Drive and is collecting toys at all four stations. f. The department has completed all physical fitness testing for the year. g. The department is completing the annual pump testing on all engine apparatus as required by the ISO in order to maintain the Class 1 status. h. November 16, 2010, crews responded to a structure fire in a large hopper at 4920 Boyle Avenue, extended several hand lines, and extinguished the fire. i. November 20, 2010, crews responded to downed power lines at Santa Fe and 28th Street, where several street lights were out and many businesses lost power. j. November 21, 2010, Los Angeles City and Vernon units responded to a person in distress in the Los Angeles River. Vernon units deployed a swift water rescue operation, and an LA City helicopter picked the person out of the water. k. November 22, 2010, crews responded to and extinguished a structure fire at J&J Snack Foods, 5353 Downey Road, where an overheated oven caused a small fire in the roofing material. 1. December 1, 2010, crews responded to and assisted with ventilation operations on a structure fire in Huntington Park upon request for assistance from Los Angeles County Fire. Page 9 of 11 Regular City Council Meeting Minutes December 6, 2010 m. November 20 and December 5, 2010, two single vehicle rollover accidents occurred. There were no injuries in the first incident, while the victim in the second incident had to be extricated by Truck 111 and transported to USC Medical Center. n. December 5, 2010, Compton Fire Captain Javier Perez passed away of a heart attack at the age of 45. Funeral arrangements are being made and additional information will follow. City Administrator Mark Whitworth reported that the Speaker of the California State Assembly, John A. Perez, introduced Assembly Bill 46, a bill that would disincorporate the City Vernon. He read a prepared statement indicating the City's disappointment that Speaker Perez took such action without any discussions with the City, concerns that Mr. Perez's actions could cost the State thousands of jobs and hundreds of millions in tax revenues, and the threat Mr. Perez's proposed actions pose to the existence of any California city. Whitworth declared the City's intent to defend its residents and the 1,800 businesses and tens of thousands of people who earn a living in Vernon. Whitworth affirmed the City's openness to meeting with Mr. Perez to better understand his concerns and find alternative ways to address them. 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 10:30 a.m., the Mayor called a brief recess. At 10:33 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 10:39 a.m., the City Council resumed open session. CLOSED SESSION REPORT OUT The Interim City Attorney reported as follows: 1. PUBLIC EMPLOYMENT Government Code Section 54957 a. Title: Temporary Part -Time Department Secretary The City Council unanimously voted to hire Luz Martinez as a part-time Department Secretary in the Fire Department, effective January 2, 2011. b. Title: Temporary Part -Time Administrative Aide The City Council unanimously voted to hire Freddie Taylor as a part-time Administrative Aide in the City Administration Department, effective December 6, 2010. The City Clerk announced that there were no further items on the agenda. Page 10 of 11 Regular City Council Meeting Minutes December 6, 2010 At 10:40 a.m., it was moved by McCormick and seconded by Newmire, that the meeting be adjourned. Motion carried. ATTE Hilario Gonzafes Mayor Page 11 of 11