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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