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20110419 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, APRIL 19, 2011, 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 9:00 a.m. by Mayor Gonzales. The City Clerk requested that the Minutes of June 16, 2010, be revised in order to correct the third bullet point on page 3 under "Expenditure Highlights" to read "FY 2011 Proposed" as opposed to "FY 2010 Proposed." It was moved by McCormick and seconded by Davis, to amend the Minutes of June 16, 2010, 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. Marisa Olguin of the Vernon Chamber of Commerce stated that she represents the Chamber as well as over 1,800 Vernon businesses. Olguin expressed their concerns regarding AB46, the economic impact it will have, and the destructive effect it will have on tens of thousands of people. Olguin reported that the "Save Vernon Jobs" campaign had been created to fight for jobs and industries. Olguin advised that real reform is needed, and opined that the Good Governance resolution is a good starting point, and that real reforms will demonstrate to Sacramento that Vernon can make the necessary changes on its own. Olguin advised that the Chamber disagrees with Speaker Perez that Vernon does not have a free electoral vote, but agrees that reform is necessary. She advised that the reforms proposed on the agenda will simply study, rather than adopt policies that will, for example, compare City employees' salaries to other municipalities. Olguin stated that we must work together to make Vernon more democratic, without Sacramento, and urged the Council that the Vernon residents and businesses deserve it. Olguin stated that enacting real reform comes from within. Olguin urged the Council to adopt the Chamber's recommendation for the housing commission ordinance. Juliet Goff, a Vernon business owner in Vernon, is a member of the Better Governance Committee fighting against AB46. Goff stated that if AB46 passes, the 1,800 businesses will be the ones left to deal with the aftermath. Goff advised that certain reforms have been proposed, but more are necessary. Goff advised that one of Sacramento's concerns is the lack of an independent housing commission, and that all Vernon residents are hand-picked by City Hall. Goff referenced the ordinance that is being recommended for consideration which would establish a housing commission. Goff advised that the commission will be made up of seven members, including one council member, two residents, three business/ Regular City Council Meeting Minutes April 19, 2011 property owner, and one local business employee. Goff advised that a similar ordinance is used in other cities and that now is the time for real reform. John Norton of All American Manufacturing stated that he has witnessed how the City lost its focus over the last few years. Businesses are not tolerant of self serving practices. Norton advised that this needs to be addressed before Perez gets rid of Vernon. Efforts have been made to create a new ordinance. Norton advised that businesses have not been present in the decision making process yet they are the ones that will be left with the burden. Norton advised that the business community wants to be active in the process with the Council, and there has been too much involvement by consultants and attorneys. Norton advised that Council needs to defend the City and that the City should not study but reform. Norton opined that too much has been deferred to non stake holders, and asked for substantive changes. Tom Anderson of Morgan Stanley and the Chamber Board commented on the agenda item for the Ad Hoc Committee. He declared that the agenda item had been drafted by City staff, and rushed to a vote. Anderson advised that the City did not seek the public's input on the resolution, the item was posted on Thursday to be approved on Tuesday; Anderson opined that this was not sufficient time or notice. Anderson compared the practices of John Perez to that of the City Council. Stating that Perez does very little to listen to Vernon, advising that that Council could empathize with its constituents when the same thing being done to them. Anderson stated that Resolution No. 2 (as listed on the agenda) has merit but that it is not enough. Anderson advised that they want to work with the Council. A committee of city staff and community representatives can draft resolutions. Anderson requested that the Council not take action on Resolution No. 2, to return the resolution with the direction to work with the committee to create an Ordinance. Anderson stated to the Council, "Do not do to us what Perez has done to you." Alma Arredondo of United Steel Fence Company, stated that the whole process is not about buildings or property but about people's personal lives. Arredondo stated that most parents stand back and listen to their children because they might have good ideas to offer. Arredondo advised that the City came to the Chamber of Commerce and asked for their support, and the Chamber thought about it. The Chamber decided to work with the City and though the City was going to work with the Chamber. Arredondo advised that there has been a communication breakdown, and that now they are waiting in limbo because they don't know how things are going to play out. Arredondo advised that the City and its businesses are a team, and this is the only way to save Vernon. Mayor Gonzales stated that the Council has always had their best interests. The goal is to keep the environment the same, no restrictions that will affect businesses. Gonzales advised that Council has had to do many things that everyone may not always agree with. Gonzales stated that the past is the past and there isn't anything that can be done about it. Changes need to be Page 2 of 10 Regular City Council Meeting Minutes April 19, 2011 made but things need to go through a process, everything must be considered and taken into account. It was moved by Newmire and seconded by Maisano to approve the amended Minutes of the Special City Council Meeting held June 16, 2010. Motion carried, 5-0. It was moved by Davis and seconded by McCormick to approve the Minutes of the Regular City Council Meeting held June, 21, 2010. Motion carried, 5-0. It was moved by McCormick and seconded by Newmire to approve the Minutes of the Special City Council Meeting held August, 2, 2010. Motion carried, 5-0. PUBLIC HEARINGS At 9:23 a.m., it was moved by Davis and seconded by McCormick, to open the public hearing to consider a conditional use permit modification for U.S. Healthworks. Motion carried, 5-0. Kevin Wilson, Director of Community Services and Water, reported that U.S. Healthworks is requesting a modification to its conditional use permit specifically for their medical facility located on 3360 & 3364 Slauson Avenue. Currently there are twelve parking spaces available at the facility and the facility maintains a lease agreement for an additional forty spaces. Wilson advised that the conditional use permit was originally issued to Technimed, and that in May of 2010 U.S. Healthworks bought the facility. U.S. Healthworks is requesting that condition (g) requiring an agreement with Los Angeles Department of Water and Power ("LADWP") for additional parking be removed. Wilson reported that the facility has been studied, and concluded that the parking requirement is high. The vehicles parked at the LADWP lot have not been for U.S. Healthworks. The parking in front of U.S. Healthworks' facility has been sufficient. The facility has twelve assigned parking spaces and the landlord has assigned additional parking for non-exclusive use, for a total of 25 spaces. Wilson reported that on average about 75 people visit the site daily, with a peak load demand of 27. Wilson advised that most of the other businesses at the site are storage facilities with few employees. Businesses do not use excess parking. The separate lots assigned to these businesses can be used to accommodate the peak demand. Wilson advised that he sees no issue with available parking and proposed to change condition (g) to state that adequate on -site parking shall be maintained so that no on -street or off -site parking or staging will occur. Wilson stated that this will protect the public and provide adequate parking for the facility, resolving any concerns and protecting neighboring properties. Matt Wilson of AmeriPride Uniform Services addressed the Council and advised that his facility uses the off -site parking, and expressed his support of U.S. Healthworks. The Mayor asked if there were any further questions or comments on this matter. No one responded. Page 3 of 10 Regular City Council Meeting Minutes April 19, 2011 At 9:30 a.m., it was moved by McCormick and seconded by Maisano, to close the public hearing. Motion carried, 5-0. Resolution No. 2011-62 - 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 U.S. Healthworks for the Operation of a Medical Facility Located at 3360 & 3364 Slauson Avenue It was moved by Davis and seconded by Newmire, that Resolution No. 2011-62 be approved and adopted. Motion carried, 5-0. At 9:30 a.m., it was moved by Maisano and seconded by Newmire, to open the public hearing to consider the adoption of Ordinance No. 1182 adding a new Section 17-17 to Chapter 17 allowing the sale of fireworks by nonprofit organizations. Motion carried, 5-0. Peter Corselli of U.S. Growers Cold Storage, Inc. addressed the Council and inquired why the City would approve this ordinance since fireworks cause injuries and property damage. Corselli expressed his concerns over the hazards of fireworks and asked the Council to vote against the ordinance. Fire Marshall Jed Hulsey advised that the ordinance had been presented to Council under an earlier directive in order to allow non-profit organizations to sell fireworks. The ordinance would limit the sellers to only non -profits, with a maximum of three. In response to Councilman Newmire's inquiry, Hulsey advised that the ordinance will only allow the selling of the fireworks not the use of in Vernon. Fire Chief/City Administrator Mark Whitworth advised that the Police Department sells fireworks as part of their fundraiser, and that the issue was brought forward to Council under their direction. Robert Rubio of the Rio Hondo Rotary, a non-profit organization, advised that they rely on these events, and that they only sell to responsible parents. Rubio advised that John Kelly of TNT provides orientation and proper training to sellers. Rubio reported that non -profits can earn 5 to 15 thousand dollars for their organizations. Rubio advised that the fireworks stand is for good intensions, and reported that he sits on different Boards in other cities where too many sellers are allowed in one area. Rubio thought that many organizations would be interested. Steve Freed property owner in Vernon advised that he is a big supporter, but does not feel the timing is right. Freed stated that the City is under a lot of scrutiny and because fireworks could be viewed as hazardous, it would provide Perez with another argument against the City. Freed recommended that the ordinance be revisited at a later time at which point he would support its approval. John Kelly, Vice President of TNT supports the ordinance and advised that only state approved fireworks are sold at their stands. Standards set by the state office are followed. Kelly Page 4 of 10 Regular City Council Meeting Minutes April 19, 2011 reported that fireworks are tested in Sacramento and that there are many restrictions. Kelly advised that TNT monitors injuries, and is not aware of any caused by their products in Vernon. Kelly advised that many of the injuries are caused by illegal fireworks, similar to the ones seen as Disneyland. Many of these mortar fireworks come from Nevada and elsewhere and are illegal in California. Kelly reported that 280 cities statewide do business with TNT, and that TNT wants to work with Vernon. John Norton stated that the $15,000 earned by a non-profit could easily be consumed by a fire, and did not see any benefit the City would have from approving the ordinance. Norton disagrees with the selling of a product that has the potential for harm, and advised that people can see firework displays elsewhere. Councilman Davis inquired whether the City had received any comments or communications concerning this matter. City Clerk advised that it had not. At 9:43 a.m., it was moved by McCormick and seconded by Davis, to close the public hearing. Motion carried, 5-0. Ordinance No. 1182 - An Ordinance of the City Council of the City of Vernon Adding a New Section 17-17 to Chapter 17, Offenses -Miscellaneous, of the Code of the City of Vernon Relating to the Sale of Fireworks by Nonprofit Organizations (first reading) It was moved by Davis and seconded by Newmire, to adopt the first reading of Ordinance No. 1182. Motion carried, 5-0. CONSENT CALENDAR Councilman Davis requested to remove item 2.a. Authorization to recruit a consultant to act as Executive Aide to the City Administrator, and negotiate an hourly rate and contract for said services. In response to Councilman Davis' the City Clerk advised that the item could not be discussed under closed session since it pertained to a position not a person. It was moved by Newmire and seconded by Davis, that item for the authorization to recruit a consultant to the City Administrator on the Consent Calendar be removed. Motion carried, 5-0. It was moved by McCormick and seconded by Maisano, that the matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. 1. Warrant Registers a. Approval of Payroll Warrant Register No. 658, totaling $2,603,737.70, which covers the period of February 13 through March 12, 2011, and consists of the following: 1. Ratification of electronic fund transfers (EFTS) totaling $2,592,943.02; and 2. Checks paid through General Fund Warrant Register totaling $10,794.68. Page 5 of 10 Regular City Council Meeting Minutes April 19, 2011 b. Approval of City Warrant Register No. 1333, totaling $583,865.11, which covers the period of March 29 through April 11, 2011, and consists of the following: 1. Ratification of wire transfers totaling $295,499.09; and 2. Ratification of the issuance of early checks totaling $112,719.27; and 3. Authorization to issue pending checks totaling $175,646.75. c. Approval of Federal Funds for Street Improvements Warrant Register No. 9, totaling $50,034.03, which covers the period of March 8 through April 11, 2011, and consists of the following: 1. Ratification of wire transfers totaling $50,034.03. 2. City Administrator a. Resolution No. 2011-63 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Understanding By and Between the City of Vernon and the Vernon Firemen's Association 3. Community Services & Water Department a. Building Department Report for the month of March 2011, to be received and filed. 4. Fire Department a. Activity Report for the period of March 16 through 31, 2011, to be received and filed. 5. Health Department a. Resolution No. 2011-64 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for an Enforcement Assistance Grant From the California Department of Resources Recycling and Recovery (CalRecycle) 6. Personnel a. Authorization to recruit a Utilityman IV b. Authorization to recruit a Helpdesk Technician c. Resolution No. 2011-65 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Revised Corrective Eye Surgery Plan, a Form Personal Participation Loan Application and Agreement, and a Form Corrective Eye Surgery Loan Verification From Department Head and Payroll, and Amending the Employee Corrective Eye Surgery Loan Program d. Resolution No. 2011-66 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Revised Hearing Aid Device Plan, a Form Personal Page 6 of 10 Regular City Council Meeting Minutes April 19, 2011 Participation Loan Application and Agreement, and a Form Hearing Aid Device Loan Verification from Department Head and Payroll and Amending the Employee Hearing Aid Device Loan Program e. Resolution No. 2011-67 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Revised Computer Purchase Plan, a Form Personal Participation Loan Application and Agreement, a Form Personal Computer Specification Sheet, and a Form Computer Loan Verification From Department Head and Payroll and Amending the Employee Computer Purchase Loan Program 7. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of March 16, through March 31, 2011, to be received and filed. NEW BUSINESS 1. Resolution No. 2011-68 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter of Agreement By and Between the City of Vernon and United Business Mail for Mail Metering Services It was moved by Maisano and seconded by Newmire, that Resolution No. 2011-68 be approved and adopted. Motion carried, 5-0. 2. Resolution No. 2011-69 - Resolution of the City Council of the City of Vernon Designating Certain Studies to be Performed By City Staff, the Drafting of a Request for Proposal for Housing Management and the Establishment of Certain Ad Hoc Advisory Committees In response to Councilman Newmire, Whitworth advised that City staff would be performing all the work and that the majority of the data has already been collected. Mayor Gonzales conditioned that if work is to be done by personnel other than City Staff, proposed expenses requiring outside consultants, must be presented to the City Council for budgetary approval. City Clerk advised that resolution can be amended to include said condition. It was moved by Newmire and seconded by Davis, that Resolution No. 2011-69 be approved and adopted with amendment. Motion carried, 5-0. ELECTION MATTERS The City Clerk announced that this was the time for the election matters listed on the agenda. The City Clerk delivered the Certificate of Election, issued the Oath of Office to William Michael McCormick, and congratulated him on his election to the office of City Councilmember. The City Clerk called for a motion for the election of Mayor. It was moved by Davis, seconded by Maisano, that Hilario Gonzales be appointed to serve as Mayor. Motion carried, 5-0. Page 7 of 10 Regular City Council Meeting Minutes April 19, 2011 The City Clerk called for a motion for the election of Mayor Pro Tem. It was moved by Davis, seconded by Newmire, that William Davis be appointed to serve as Mayor Pro Tem. Motion carried, 5-0. ORAL REPORTS Police Chief Daniel Calleros reported that on April 19, 2011, the K-9 unit assisted the Bell Police Department with a search for narcotics. A small quantity of marijuana was located, and the investigation is ongoing in Bell. Calleros reported that on April 14, 2011, Detectives arrested a subject for committing several auto burglaries. Calleros advised that a witness provided a description of the suspect vehicle as well as a partial license plate number. Calleros reported that the suspect who is on active parole is cooperating with detectives and provided information about his involvement in the auto burglaries. The case was presented to the District Attorney's Office on May 2, 2011, and is still on -going. Calleros advised that the operation was a good team effort. On April 15, a vehicle fire was extinguished by fire personnel. Calleros reported that officers located evidence identifying the vehicle as being stolen. The investigation is on -going. Calleros reported that officers participated in the Baker to Vegas Challenge teaming up with Baldwin Park Police and that they received 2nd place in their respective category against 23 other agencies. In response to Mayor Gonzales, Police Captain James Rodino reported that there had been additional incidents by the "BB Gun Bandit" and that the department has some leads. Rodino advised that this was a crime of opportunity, requiring the need to capture the culprit in action. Rodino reported that it is the focus of the Bureau. Mayor Gonzales informed Rodino of signs of graffiti on Downey Road and Slauson Avenue. Councilman McCormick also reported an incident on Slauson Avenue and Randolph Street. Assistant Fire Chief Andrew Guth reported that the Fire Department had responded to approximately 60 calls since the last meeting, mostly routine in nature. Guth advised that the Fire Department had participated in a Mutual Aid exercise, and that ambulatory transportation services were in the queue for reimbursements of $80,000. Guth advised that the focus for the month of April continues to be self contained breathing apparatus and ventilation techniques. Lew Pozzebon, Director/Health Officer, reported that the Health Department had been invited to participate in the Gateway Cities I-710 Major Corridor study for air quality and risk assessment. Pozzebon reported that on April 29, 2011, the Health Department hosted an Earth Day event with the Chamber of Commerce. Linda Johnson of the Health Department helped organize business participation which included MTA, AQMD, and labor assistance Page 8 of 10 Regular City Council Meeting Minutes April 19, 2011 groups. Pozzebon advised that the feedback received was positive. City Administrator Mark Whitworth reported that the City is working on the Police Department MOU. Whitworth stated that they are working on consolidating the 12 side letters in the MOU. Whitworth also advised that the Fire MOU was structured to capture all by which to operate under. Whitworth reported that there will be a few articles coming out to address AB46. Whitworth reported that that the City was present for the committee hearing with the coalition of businesses, and advised that the City was well received. There were many questions asked, all interested to learn more about Vernon. Kevin Wilson, Director of Community Services and Water, reported that portions of the storm drain on Vernon Avenue are distressed. Wilson advised that the storm drains are being cleaned and liners are being inserted rather than digging up the street. Wilson reported that the project on 26th Street is not going smoothly. Construction was shifted to weekends and evenings in order to alleviate traffic. Cold recycling is being used for the project, which involves grinding the old asphalt and blending it with an additional binder and repaving the asphalt. Wilson reported that this has been a proven technology, but that the quality of the surface on Santa Fe to the Los Angeles River was not up to the City's quality standards. Wilson advised that Community Services is working with the contractor and the project is expected to be completed within the next few weeks. CLOSED SESSION At 10:08 a.m., it was moved by McCormick and seconded by Davis, that the City Council go into closed session to discuss the item listed on the closed session agenda. Motion carried, 5-0. 1. PUBLIC EMPLOYMENT (2) Government Code Section 54957(b)(1) a. Title: Administrative Assistant b. Title: Vernon Service Officer The Interim City Attorney reported that the City Council unanimously agreed to hire an Administrative Assistant and a Vernon Service Officer. 2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 The council also unanimously agreed to separate the Senior Dispatcher. The City Clerk announced that there were no further items on the agenda. Page 9 of 10 Regular City Council Meeting Minutes April 19, 2011 At 10:40 a.m., it was moved by McCormick and seconded by Davis, that the meeting be adjourned. Motion carried. ATTEST: Wil and G. t�l ch' City Clerk Hilario Gonzales Mayor Page 10 of 10