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20110517 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MAY 17, 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 9:02 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 comment. The Mayor inquired whether anyone in the audience wished to address the City Council. Celestino Chavez, City of Vernon police officer, stated that he has been at the City for 11 of the 20 years the fireworks stand has been in business, and that no incidents have ever been reported. Chavez advised that the Police Department takes Vernon's safety very seriously, and he has come to this forum to address any concerns regarding the issue. Chavez requested that Council consider the charitable organizations that would be at a loss without the fireworks stand and approve the ordinance. Jose Gavina of Gavina Coffee, stated that his company employs more than 200 employees and has been in Vernon for over 46 years. He described Vernon as a safe haven with a business friendly environment, and urged the Council to reform the City, otherwise his family business is at risk. Having spent a great deal of time in Vernon, Gavina stated that he has received excellent service and support from the city staff, and that Vernon is a great place to work and do business. Gavina opined that the focus has been on Vernon because it is a unique city, and that the legislature does not understand it. Gavina explained that he has often heard people say "Who is Vernon?" Gavina stated that he has been an active in the "Save Vernon Jobs" campaign, and that reform is still needed, especially in the Housing Authority and Utility Commission. Gavina advised that time is running out and that the Legislature could vote on AB46 as early as June 2011. Greg Longstreet President of Farmer John echoed the comments made by Gavina, stating that the City has gained a lot of credibility. Longstreet advised that the adoption of the Good Governance Resolution on April 19, 2011, paved the way for positive change, but that the City needs to move faster. Longstreet opined that the electrical rate committee was a positive step, but that the next challenge will be the Housing Authority. Business members are going to Sacramento and they need new information to present. Longstreet advised that reform needs to occur to show the legislature that Vernon is an independent democracy so that AB46 can go away. Longstreet emphasized the importance of addressing the Housing Authority and the limited time to do it. Regular City Council Meeting Minutes May 17, 2011 Don Pennell of The Ligature reported that on November 1, 2010, he had previously addressed the Council with a list of important items to consider. Pennell advised that the community is not at odds with the City and that they want to work with the City to do good, and to address the Housing Authority. Pennell thanked the Council for their increased openness and willingness to work with the public. He understands electrical rates need to increase, but that they should not go higher than is necessary. Pennell also advised that consultants should be used as necessary and that the City should be cautious about high fees. Pennell stated that the past is the past but that now is the time for change. A member of the audience addressed the Council and advised that he had attended the Electrical Rates Committee Meeting on May 5, 2011, and commended the City on its transparency and willingness to answer the public's questions. He encouraged the same transparency for the Housing Authority. He stated that Sacramento wants to hear more about an independent electoral. He advised that the perception is that Vernon has hand-picked voters, this has to be put to rest. He opined that once a Housing Authority has an independent electorate, Senators will be convinced to vote against AB46. Larry Gaytan, President of the Vernon Police Officers Benefit Association, advised that he had noticed that the Fireworks Ordinance was not on the agenda. Gaytan reiterated the public's concerns about safety, and advised that in the 20 years the fireworks stand has been in Vernon, there have not been any incidents. Gaytan advised that it was hard to understand why the ordinance was taken off the agenda due to the concerns of two businessmen. Gaytan stated that if it were not for AB46 the Council meetings would be empty, and many would not have been aware of the fireworks ordinance. Gaytan reported that previously Chiefs have approved the fireworks stand, and he encouraged the Council to take a vote at the meeting. Gaytan advised that the money earned from the stand all goes back to the community. Marisa Olguin of the Vernon Chamber of Commerce advised that on April 19, 2011, the Council passed the Good Governance Resolution, and applauded the Council for their immediate attention to the establishment of the Electrical Rates Committee. Olguin advised that the draft for the Housing Authority was still being reviewed, and encouraged the Council to add it to the agenda for first reading. Olguin advised that the Housing Authority is a critical set of changes necessary to continue Vernon's existence. Olguin advised that it is critical to have answers to show the legislature that Vernon is serious about change for the better. Olguin stated that we want to show that an independent electorate democracy is strong in Vernon. Olguin reiterated the need to address the Housing Authority, and its importance in the Senators' view. She advised that this will set the stage for a more participatory community with government. Olguin advised that time is of the essence, and that the legislature can vote on AB46 as early as June. Olguin concluded that she looks Page 2 of 9 Regular City Council Meeting Minutes May 17, 2011 forward to seeing another draft of the Housing Ordinance within the week. Jim Andreoli of Baker Commodities advised that the Council needs to move fast and take action before the City is lost. Mark Whitworth City Administrator reported that the City is diligently working under the direction from the Council. Whitworth reported that on May 16, 2011, the City met with Committee members regarding the electric rate study. Whitworth reported that a second committee meeting is scheduled for May 19, 2011. Whitworth advised that the Housing Authority draft is being looked at by several attorneys. Whitworth reported that the City has obtained information from the State Controller and other sources, and that City personnel salaries, are being compared to those with similar job descriptions. Whitworth advised that the information will be available in the near future. Mayor Gonzales advised that the Council is looking at every item that is brought to Council, and is questioning policies and how things are run. Gonzales advised that the City is doing everything it can to insure it stays a City. Gonzales advised that we have to do what is necessary, and that the City will be making some changes, but that we must ensure that the changes made are positive. PUBLIC HEARINGS At 9:28 a.m., it was moved by Davis and seconded by Newmire, to open the public hearing to consider the expenditure of Citizen Options for Public Safety (COPS) Funds for fiscal year 2010- 2011. Motion carried, 5-0. Police Chief Daniel Calleros advised that the Department receives $100,000 on an annual basis from COPS funds and that funds were used last year to pay for Vernon Safety Officers (VSO), without which the Department would not have been able to fund. Calleros requested that the funds continue to be used for the same purpose. Calleros advised that the VSO assists with the jail and various other functions, and asked the council to consider the matter. 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. 2011-80 - A Resolution of the City Council of the City of Vernon Providing for the Appropriation of the Citizens Option for Public Safety (COPS) Program Funds Received for Fiscal Year 2010-2011 for Frontline Municipal Police Services It was moved by Davis and seconded by Maisano, that Resolution No. 2011-80 be approved and adopted. Motion carried, 5-0. At 9:31 a.m., it was moved by Maisano and seconded by McCormick, to open the public hearing to consider the adoption of a resolution for the 2010 Vernon Urban Water Management Plan. Motion carried, 5-0. Kevin Wilson, Director of Community Services and Water, advised that his staff had been working with Civiltec Engineering in Page 3 of 9 Regular City Council Meeting Minutes May 17, 2011 order to develop an urban water management plan under the California Urban Management Planning Act and Water Conservation Act, which requires the plan to be revised every 5 years. Wilson stated that the City has three water sources: ground water, imported water from the Central Water Basin and Municipal Water District, and recycled water. Wilson reported that the sources will be sufficient to supply the City with water requirements, even in times of drought. Wilson presented Vernon's historical water supply usage, and its various fluctuations. Wilson reported that water usage has been declining since 2010, and that the majority of the usage comes from commercial and industrial use. Wilson advised that the projections used figures from 2007 when water usage was at its peak, with an additional 2,000 acre foot. Wilson advised that these projections are dependent on the type of industry in Vernon. Wilson advised that the City has options to go into the lease market, and can also lease out its own water supply, which it may do in the near future. Wilson explained that due to the Water Conservation Act, Central Water Basin has seen a decline in usage, so he foresees no concerns with the City's projections in meeting water demand, even in times of drought. Wilson reported that 2011 has been a good water year; all local and state reservoirs are either at or near capacity. Wilson reported that in order to meet the state mandated water reduction of 20o by the year 2020, Vernon has joined efforts with the Gateway Alliance. Wilson advised that as an individual City it would be hard to meet the requirement, but if it joins the alliance, it can meet the requirement. Wilson advised that through the use of water audits, the City can make some water usage reductions. Wilson advised that part of the urban water plan is to look at potential impacts from climate changes; this would include the duration of storms, sea level rising, and the increase of water temperature. Wilson advised that state law requires a water use assessment for any new usage greater than 500 acre feet. Wilson advised that Community Services requires all new businesses to have a conditional use permit in order to evaluate whether the City can meet the demands of the new user. Cumulatively, the City must still meet its target goal of 20% reductions. Wilson advised that the City has and can adopt an ordinance for water conservation if a water shortage was declared. Business would be given the opportunity to reduce usage on their own, but if not, the City could install a water flow device to limit usage. Wilson advised that he does not foresee having to implement the ordinance, but that it is an option. Wilson requested approval from the Council so that the draft can be forwarded to the State. In response to Councilman Davis, Wilson advised that every two years the City hires a contractor to evaluate the structure of water storage tanks and supply the City with a report. Wilson also advised that the water in the storage tanks would only support the City for a day, and that their main purpose is for fire protection. Wilson reported that the notice of the public Page 4 of 9 Regular City Council Meeting Minutes May 17, 2011 hearing for this item was made available on the City's website, and that no public comments were received. At 9:48 a.m., it was moved by Davis and seconded by Maisano, to close the public hearing. Motion carried, 5-0. Resolution No. 2011-81 - A Resolution of the City Council of the City of Vernon Approving and Adopting the City of Vernon 2010 Urban Water Management Plan It was moved by Maisano and seconded by Davis, that Resolution No. 2011-81 be approved and adopted. Motion carried, 5-0. At 9:49 a.m., it was moved by McCormick and seconded by Newmire, to open the public hearing to consider the adoption of a resolution adjusting health permit fees pursuant to Sections 13.8, 13.57, 13.88, and 24.12-4 of the Vernon City Code. Motion carried, 5-0. Lew Pozzebon, Director/Health Officer, reported that the Health Department reviews its fees on an annual basis. Pozzebon advised that the Department reviews the cost of inspections, revenues, the Consumer Price Index, and conducts a comparison with other jurisdictions. Pozzebon noted that Los Angeles County plans to triple their fees, and advised that if Vernon goes away these costs will fall onto the businesses. Pozzebon advised that the Department has come before Council in the past to approve fee increases, but that its fees have always remained lower than other agencies. Pozzebon advised that based on this year's review, the Department is only recommending changes to 5 of its 41 fees. Pozzebon reported that the hearing was posted on May 5, and May 12, 2011, and that a copy was also provided to the Chamber of Commerce. The Department received only one positive comment, no negative comments. At 9:53 a.m., it was moved by Davis and seconded by McCormick, to close the public hearing. Motion carried, 5-0. Resolution No. 2011-82 - A Resolution of the City Council of the City of Vernon Establishing Health Permit, Hazardous Materials Establishment Permit, Water Well Permit Fees, Application Fees, and Aboveground Petroleum Storage Tank Fees for Permits Granted by the City of Vernon Pursuant to Sections 11.9.4, 13.7, 13.31, 13.53, 13.88, 25.12, and 25.13-6, of the Vernon City Code and Repealing Resolution Nos. 2010-65 and 2010-117 It was moved by Newmire and seconded by McCormick, that Resolution No. 2011-82 be approved and adopted. Motion carried, 5-0. CONSENT CALENDAR It was moved by McCormick and seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. 1. Warrant Registers a. Ratification of amendments to the following City Warrant Registers to record voided checks: Page 5 of 9 Regular City Council Meeting Minutes May 17, 2011 1. City Warrant Register No. 1324, voided check no. 331640 in the amount of $20.00; and 2. City Warrant Register No. 1329, voided check no. 332579 in the amount of $3,075.87; and 3. City Warrant Register No. 1331, voided check no. 332873 in the amount of $2,159.43; and 4. City Warrant Register No. 1333, voided check no. 333181 in the amount of $90.90; and 5. City Warrant Register No. 1333, voided check no. 333221 in the amount of $888.60; and 6. City Warrant Register No. 1333, voided check no. 333241 in the amount of $443.63; and 7. City Warrant Register No. 1334, voided check no. 333727 in the amount of $853.81. b. Approval of Payroll Warrant Register No. 659, totaling $2,586,242.48, which covers the period of March 13 through April 9, 2011, and consists of the following: 1. Ratification of electronic fund transfers (EFTs) totaling $2,575,447.80; and 2. Checks paid through General Fund Warrant Register totaling $10,794.68. c. Approval of City Warrant Register No. 1335, totaling $459,432.75, which covers the period of April 26 through May 9, 2011, and consists of the following: 1. Ratification of wire transfers totaling $81,309.99; and 2. Ratification of the issuance of early checks totaling $78,172.26; and 3. Authorization to issue pending checks totaling $299,950.50; and 4. Void check no. 333428 in the amount of $555.00. 2. Community Services & Water Department a. Building Department Report for the month of April 2011, to be received and filed. 3. Fire Department a. Activity Report for the period of April 16 through April 30, 2011, to be received and filed. 4. Health Department a. Resolution No. 2011-83 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Grant Application Under the California Beverage Container Recycling and Litter Reduction Act to the California Department of Recycling Resources and Recovery (CalRecycle) b. April 2011 Monthly Report, to be received and filed. 5. Personnel a. Acceptance of the retirement resignation of Robert Kipness, Foreman with the Community Services Department, effective June 16, 2011. Page 6 of 9 Regular City Council Meeting Minutes May 17, 2011 6. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of April 16, through April 30, 2011, to be received and filed. 7. Purchasing a. Resolution No. 2011-84 - A Resolution of the City Council of the City of Vernon Authorizing the Director of Community Services & Water to Make Necessary Purchases on Behalf of the City of Vernon in Connection with the Purchase and Delivery of Fuel for the City's Fleet Vehicles b. Authorization to increase the yearly purchase order for L.N. Curtis & Sons. ORAL REPORTS Police Chief Daniel Calleros reported that on May 4, 2011, a strong arm robbery was reported in the area of Slauson Avenue and Malburg Way on a MTA bus. Calleros advised that a juvenile suspect stole an IPod from a female while she was seated, listening to her device. The female victim and a passerby gave chase after which the suspect stopped and returned the IPod, then fled on foot, and was later apprehended by patrol officers. On May 5th, an industrial accident was reported at 2678 E. 26th Street. Calleros advised that a company employee sustained fatal head injuries when a supporting device gave way, striking the victim in the head while he was positioning two large industrial pipes. On May 12th, a strong arm robbery occurred when two suspects grabbed a female victim from behind while she was walking listening to music on her cell phone, and demanded her cell phone and purse. When the victim refused, the suspects struck the victim and knocked her to the ground, and fled with her belongings on foot. Calleros advised that there are very few investigative leads in this case. Calleros reported that on May 16, 2011, a strong arm robbery occurred in the area of Slauson and Alcoa Avenue when a male victim was pushed from behind and hit several times in the face while walking and listening to music on his cell phone. Two suspects fled on foot with the victim's cell phone and credit cards. They entered a vehicle which was parked on north Alcoa Avenue. Calleros advised that detective will be checking surveillance cameras of nearby businesses for any leads. Calleros reported that he has spoken to other Police Chiefs regarding the increase in robbery of cell phone devices which. have been occurring on the outskirts of Vernon in the southeast area. As a follow up to Councilmen Newmire's concerns about speeding on Fruitland Avenue, Calleros reported that a speed trailer had been deployed and that a patrol unit has been monitoring the area. Page 7 of 9 Regular City Council Meeting Minutes May 17, 2011 Councilman Newmire advised that he has seen a great deal of improvement. Newmire advised that the speed trailers presence has also made a difference. Police Captain Rodino advised that there was one incident of vandalism at 3188 Slauson Avenue on May 5, 2011. In response to Councilman McCormick, Rodino advised that he will send a patrol unit to the area on 55th Street to check for vandalism. Assistant Fire Chief Andrew Guth reported that the Fire Department had responded to more than 50 calls since the last meeting, most routine in nature. Guth advised that the Department had assisted in fires located in Montebello and Huntington Park. Guth reported that Vernon was the first outside apparatus to arrive at the Huntington Park fire, and that the event was a great effort with units able to contain the fire. Guth reported that the fire engineers had completed their promotional exams with four employees passing, and that the driver's test is scheduled for June 10, 2011. Guth reported that the "Department's training focus for the month is night drills at Mobile Oil and United Food Group. Guth advised that the Fire Department received a $1,250 donation from Mobile Oil which will be used towards supplies. Guth also reported that the Department had participated in the Children's Hospital of Los Angeles blood drive and Sharefest at Holmes Elementary School. In response to Councilman Newmire, Guth advised that the dispatch center is still scheduled to start in mid July. Guth reported that everything is on schedule and that training is scheduled to start in June. Kevin Wilson, Director of Community Services and Water, reported that the Contractor for the 26th Street project will resolve issues with the project by removing and redoing a portion of the street at their expense. Wilson advised that the work will be evaluated and will report if the asphalt that remains is satisfactory. Wilson reported that the work is expected to be done by the weekend, weather permitting. Wilson advised that the contractor will be conducting a test on a portion of 27th Street with a rubberized slurry. Wilson advised that the work is scheduled for a two week period in June that will require a street closure. Wilson opined that if the test section performs well, that this process may be cheaper to use in the future. Lew Pozzebon reported that the electronic waste collection is scheduled to start at 10:00 a.m. on May 17, 2011, at Fire Station No. 1 on Fruitland Avenue. City Administrator Mark Whitworth reported that he had attended the California Contract Cities, and had met face to face with 7- 8 legislators. Whitworth also reported that Cynthia Kurst had conducted interviews with all of the department heads in order to identify areas of improvement. Whitworth advised that the second electric rates committee meeting is scheduled for Thursday, May 19, 2010. Whitworth Page 8 of 9 Regular City Council Meeting Minutes May 17, 2011 advised that Finance had interfaced with all of the department heads and that 90% of the data for the budget had been collected. Also, council members are scheduled to attend a breakfast meeting with Congresswoman Royball on Thursday, May 19, 2011. CLOSED SESSION At 10:16 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 Property: 5611 District Boulevard and 4855 E. 52nd Street Agency Negotiator: John McMillan, Mark Whitworth, City Administrator Negotiating Party: CenterPoint Properties Under Negotiation: Price and Terms of Purchase The Interim City Attorney advised that there was no reportable action. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) California Department of Toxic Substances Control vs. City of Vernon The Interim City Attorney advised that there was no reportable action. Documents will be provided once action is taken. The City Clerk announced that there were no further items on the agenda. At 10:35 a.m., it was moved by McCormick and seconded by Davis, that the meeting be adjourned. Motion carried. ATT City Clerk Hilario Gonzales Mayor Page 9 of 9