20110315 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF
11
THE CITY OF VERNON HELD TUESDAY, MARCH 15, 2011,
IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED
i
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Gonzales, McCormick, Davis'I Maisano, Newmire
MEMBERS ABSENT: None
The meeting was called to order at 9:01 a.m. by Mayor Gonzales.
The City Clerk requested that item 3.b. on the Consent Calendar,
a resolution accepting the bid of Fleming Environmental, be
deferred until the April 5th meeting.
It was moved by McCormick and seconded by Davis, to amend the
agenda as recommended. Motion carried, 5-0.
The City Clerk announced that this was the time allotted for
public comment. The Mayor inquired whether anyone in the
audience wished to address the City Council. No one in the
audience responded.
Stella Pasillas was not present to receive her -proclamation for
her many years of service to the City of Vernon as a Senior
Administrative Assistant.
Director of Community Services & Water, Kevin Wilson announced
that Stella was unable to attend due to personal reasons, and
advised that she did want to thank the Councill!
It was moved by McCormick and seconded by Maisano to approve the
Minutes of the Regular City Council Meeting held March 1, 2011.
Motion carried, 4-0. Councilman Newmire abstained.
City Clerk announced that the public hearing had been closed
last week, and requested a motion to amend the agenda to
indicate the second reading of Ordinance No. 1175.
It was moved by McCormick and seconded by Maisano, that the
agenda be amended as recommended. Motion carried, 5-0.
Ordinance No. 1175 - An Ordinance of the City 'Council of the
City of Vernon Establishing a Three -Year Restriction on Cutting
of Newly Paved or Resurfaced Streets and Amendng the Vernon
City Code Regarding. Deposits, Surety Bonds and''Liability
Insurance for Encroachment Permits and Licenses (Second Reading)
It was moved by Newmire and seconded by Davis,lthat Ordinance
No. 1175 be approved and adopted. Motion carried, 5-0.
Resolution No. 2011-36 - A Resolution of the City Council of the
City of Vernon Establishing and Adopting Encroachment, License
and Franchise Fees and Deposit Schedules Pursulant to Chapter 22,
Article VI of the Vernon City Code and Repealing Resolution No.
5088
It was moved by Maisano and seconded by Davis, that Resolution
No. 2011-36 be approved and adopted. Motion carried, 5-0.
Regular City Council Meeting Minutes
March 15, 2011
CONSENT CALENDAR:
1. Warrant Registers
a. Ratification of amendment to City Wa
1328 to record voided check no. 3323
of $35.40.
-rant Register No.
38 in the amount
b. Approval of Payroll Warrant Register No. 657, totaling
$3,260,258.51, which covers the period of January 16
through February 12, 2011, and consists of the
following:
1. Ratification of electronic fund transfers (EFTS)
totaling $3,241,644.18; and
2. Checks paid through prior GenerallFund Warrant
Register totaling $18,614.33.
b. Approval of City Warrant Register No. 1331, totaling
$1,096,482.87, which covers the period of February 22
through March 7, 2011, and consists of the following:
1. Ratification of wire transfers 'totaling
$285,209.90; and
2. Ratification of the issuance oflearly checks
totaling $662,087.22; and
3. Authorization to issue pending lchecks totaling
$149,185.75.
c. Approval of Federal Funds for Street'Improvements
Warrant Register No. 8, totaling $33'1171.05, which
covers the period of February 8 through March 7, 2011,
and consists of the following: l
1. Ratification of wire transfers
$33,171.05.
2. City Clerk
a. Resolution No. 2011-37 - A Resoluti
Council of the City of Vernon Appoi
the Deputy City Clerk for the City
3. Community Services & Water Department
a. Resolution No. 2011-38 - A Resoluti
Council of the City of Vernon Appro
Authorizing the Execution of Encroa
Agreement No. 402 By and Between th
and Sweetener Products Company and
Encroachment License Agreement No.
b. Building Department Report for the
2011, to be received and filed.
4. Finance Department
otaling
of the City
ing Ana Barcia as
Vernon
of the City
ng and
ment License
City of Vernon
scinding
5
th of February
a. Resolution No. 2011-39 A Resolution of the City
Council of the City of Vernon Approing and
Authorizing the Execution of a Consulting Services
Agreement By and Between the City ofI, Vernon and N B S
to Review Revenue Base, Provide Funding Alternatives
and Implementation of Funding Solutions
Page 2 of 6
Regular City Council Meeting Minutes
March 15, 2011
5. Fire Department
a. Activity Report for the period of F
28, 2011, to be received and filed.
6. Health Department
a. February 2011 Monthly Report, to be
filed.
7. Police Department
ruary 16 through
ceived and
a. Activity Log and Statistical Summary of Arrest and
Activities for the period of February 1, through
February 15, 2011, to be received and filed.
b. Activity Log and Statistical Summary'of Arrest and
Activities for the period of February 16, through
February 28, 2011, to be received and filed.
It was moved by McCormick and seconded by Newmire, to approve
the items listed on the Consent Calendar. Mot'lon carried, 5-0.
NEW BUSINESS
1. Resolution No. 2011-40 - A Resolution of
of the City of Vernon Approving and Autho
Execution of Service Contract No. 75LX176
Project No. STPLR-7500(167) By and Betwee
Vernon and the State of California, Actin
the Department of Transportation, for the
the BNSF Railroad Crossing Located on 27t
Santa Fe Avenue in the City of Vernon
It was moved by Maisano and seconded by Newmi
No. 2011-40 be approved and adopted. Motion
DISCUSSIONS
he City Council
izing the
for Federal Aid
the City of
By and Through
Improvements of
Street East of
, that Resolution
cried, 5-0.
Fire Chief/City Administrator Whitworth advised that last year
the City was short on time, and could not accommodate the
fireworks stand. Direction from Council was to introduce an
ordinance in order to allow the stand to existl.
Fire Marshall Jed Hulsey looked at different
Council to consider. Hulsey provided a hand
for additional reference.
Hulsey advised that the fireworks stand was n
year. Research showed that in 1951, Ordinanc
adopted, disallowing the sale of fireworks in
Vernon. In previous years, this had been wai
Fire Chief or by the Fire Marshall. Historic
19801s, the Vernon Police Officers Benefits A
had been allowed to sell fireworks on Santa F
Hulsey's research revealed thirty-nine cities
County allowed the sale of fireworks. Other
such as Carson, Commerce, and Irwindale, each
501(c)(3) organizations to sell fireworks. E
the non-profit organizations to exist within
order to sell fireworks. Hulsey announced th
tions for the
to the Council
allowed last
No. 644 was
he City of
d by either the
ly since the
ociation (VPOBA)
Avenue.
ithin Los Angeles
dustrial cities
llowed non-profit
h city required
e city limits in
both the VPOBA
Page 3 of 6
Regular City Council Meeting Minutes
March 15, 2011
and the Alliance Group exist within the City o'f Vernon and the
disbursement and use of their funds go directly back into the
City's community.
Hulsey advised that the fireworks stand locations can be limited
by permits and health and the safety codes. The Fire Department
also has the right to establish regulations. Hulsey referenced
the handout which included a sample application for fireworks
sales, currently in use by Carson, which is being recommended
for adoption. The application includes a financial report in
order to determine how the money is spent.
Hulsey stated that an ordinance used by other Iities already
exists and that it would just be a matter of incorporating
Vernon language for adoption.
Councilman Newmire inquired whether multiple applicants would
create competition.
Officer Gaytan advised that the VPOBA, TNT andhthe property
owner on Santa Fe Avenue have an agreement forluse of the
location. Gaytan further stated that the VPOBA,has one of the
highest fireworks sales. The organization is well established
and known, and would welcome additional competition.
Councilman McCormick advised that if adopted, Vernon should
require all applicants to fall under the tax code 501(c)(3) for
non-profit organizations.
Officer Gaytan advised that there are thirty-o'ne non profit
organizations in the City of Vernon, but is not concerned about
additional competition. Gaytan assured that the funds go back
into the community which includes local youth land charity
groups.
Mayor Gonzales advised that the biggest concern was outside
vendors. He is confident about moving forward', if the selling
of fireworks is limited to non-profit organizations within the
City.
Councilman Newmire expressed his concern about) the age of the
people selling at the stands, and advised thatlino youth should
be selling. Officer Gaytan advised that the VIPOBA follows all
guidelines and do not allow youths to sell fireworks.
John Kelly, Vice President of TNT, mentioned TINT's long standing
relationship with the VPOBA and the community.'I Kelly encouraged
the Council to take action and adopt an ordinalnce. Kelly
advised that if City staff had any questions dr concerns, TNT
was an available resource.
Kelly advised that other cities struggle with'icompeting vendors
entering their cities. He suggested that the organizations be
required to be domiciled within the City, or iilssuing a limited
number of permits. Kelly concluded that TNT looks forward to the
opportunity to do business in Vernon again.
City Clerk, Willard Yamaguchi, advised that an ordinance will be
prepared and presented to the Council at the April 19th meeting.
Page 4 of 6
Regular City Council Meeting Minutes
March 15, 2011
ORAL REPORTS
Police Chief Daniel Calleros reported that on March 3, 2011, the
department conducted an investigation of a barlocated at 4901
Santa Fe Avenue for the improper sale of alcohol and possession
of a slot machine. The investigation stemmed from an undercover
operation that was conducted by the Departmentlof Alcoholic
Beverage Control (ABC). During the investigation, four employees
were cited and a slot machine was seized. The'Istaff was facing
fines and the ABC is concidering revoking the location's alcohol
license. Calleros advised that the department 'will continue
their investigation and conduct random checks.'i,
Calleros announced that on March 4, 2011, a DUI checkpoint was
conducted. Approximately 584 vehicles were screened, resulting
in one DUI arrest and citations for driving without a license or
with a suspended license.
Calleros reported that on March 9, 2011, four 'suspects committed
an armed robbery at 3155 Leonis Boulevard. This case has very
few leads.
On March 9, 2011, Calleros reported that a K9 'Officer assisted
the Los Angeles County Sheriff's Department in'llocating
narcotics in a vehicle.
Calleros advised that another DUI checkpoint is scheduled for
April 1, 2011, from 8:00 p.m. to Saturday at 2:30 a.m. The
location of the checkpoint was not disclosed. Overtime funding
for the checkpoint was obtained through a grant from the Office
of Traffic Safety.
At the last Council meeting, Calleros reported that several
businesses on Santa Fe Avenue had their windows shot with a
pellet gun. Captain Rodino advised that there had been eight
subsequent incidents. The incidents are on th'e west side of
Santa Fe Avenue, and Rodino opined that the suspect was driving
south bound on Santa Fe Avenue.
Mayor Gonzales advised that he had noticed a window shot out at
Santa Fe Avenue and 55th Street, and inquired whether the
railroad tracks by Malburg Way was being patrolled. Calleros
advised that Officer Aragon had checked that area the previous
day.
Assistant Fire Chief Andrew Guth reported that the department
had participated in the Alameda Corridor training exercise. The
exercise further reaffirmed that Fire personnel can handle any
obstacle. Since the last Council meeting, the Fire Department
has responded to over 60 calls, including multiple vehicle
fires. The focus for the month of March will be Wildland
Firefighting training.
City Administrator Mark Whitworth reported that Americold
located at 3420 E. Vernon Avenue was closing down. The company
sold their holdings to Farmer John's and has transitioned all of
Americold's employees, with no jobs lost. !
Whitworth reported that the job rally held at 3375 Fruitland
Avenue opposing AB46 went well. Four to five hundred
participants were expected and over one-thousaIIInd attended to
show their support, including some City staff.! People were
still showing up after the event.
Page 5 of 6
Regular City Council Meeting Minutes
March 15, 2011
Whitworth advised that the Department heads
the budgets, and are working with him, Rory,
met to discuss
Masami.
Whitworth also reported that local businesses had visited
Sacramento and spoke with Speaker John Perez, expressing their
opposition to AB46. Fred McFarland arranged an editorial board
meeting with several news agencies. Whitworthladvised that the
City's position regarding AB46 is getting outJ
Councilman Davis acknowledged that he had seen,the street sign
changes, and inquired how many more signs werelleft.
Wilson advised that he did not have the schedule, and would
report back on the matter during the next council meeting.
Mayor Gonzales announced a recess before going�into closed
session.
CLOSED SESSION
It was moved by McCormick and seconded by Maisano, that the City
Council go into closed session to discuss the item listed on the
closed session agenda. Motion carried, 5-0.
The Interim City Attorney reported out that the Council
unanimously agreed to hire Eliseo Genera III at Step 4, with
longevity.
The City Clerk announced that there were no fulrther items on the
agenda.
At 9:49 a.m., it was moved by McCormick and s6c
that the meeting be adjourned. Motion carried.
ATTE
Willard G.
City Clerk
Hilar
Mayor
by Davis,
Gonzales
Page 6 of 6