20110920 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD TUESDAY, SEPTEMBER 20, 2011,
IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Gonzales, Davis, McCormick, Maisano, Newmire
MEMBERS ABSENT: None
The meeting was called to order at 9:02 a.m. by Mayor Gonzales
The Interim City Attorney advised that the Mayor requested a
motion to remove Ordinance No. 1186 from the agenda. Councilman
McCormick inquired why the item is being removed from the
agenda. In response, Mayor Gonzales advised that he did not
have sufficient information. It was moved by Newmire, seconded
by Maisano, that Ordinance No. 1186 be removed from the agenda.
Motion carried, 3-0-2. Councilmen McCormick and Davis
abstained.
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 responded.
Mayor Gonzales presented service pins to Scott Metz,
Firefighter, for his 10 years of service, and Jason Rosa,
Firefighter, for his 10 years of service.
The Council also recognized Troy Durbin, Engineer, for his 10
years of service and James Espalin, Firefighter, for his 10
years of service who were unable to attend the meeting.
It was moved by Maisano and seconded by Davis to approve the
Minutes of the Regular City Council Meeting held August 16,
2011. Motion carried, 5-0.
It was moved by Newmire and seconded by Maisano to approve the
Minutes of the Special City Council Meeting held August 25,
2011. 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.Approval of Payroll Warrant Register No. 663, totaling
$2,827,925.07, which covers the period of July 17
through August 25, 2011, and consists of the
following:
1. Ratification of electronic fund transfers (EFTS)
totaling $2,803,320.06; and
2. Checks paid through General Fund Warrant
Register totaling $24,605.01.
b. Approval of City Warrant Register No. 1342, totaling
$2,242,041.56, which covers the period of August 9
through September 12, 2011, and consists of the
following:
Regular City Council Meeting Minutes
September 20, 2011
1. Ratification of wire transfers totaling
$477,975.66; and
2. Ratification of the issuance of early checks
totaling $1,130,510.69; and
3. Authorization to issue pending checks totaling
$633,555.21; and
4. Ratification of voided check nos. 334564,
334716, 334744 and 334761 totaling $1,788.78.
2. City Administration
a. Approval and ratification of the agreement for special
tax counsel services and power of attorney with
Orrick, Herrington & Sutcliffe, executed by the City
Administrator dated August 23, 2011.
3. City Attorney
a. The following ordinances are deemed read by title only
for the Second and Final reading pursuant to motion
adopted by a majority of the Council pursuant to
Government Code 36934 as part of the motion approving
the consent calendar:
1. Ordinance No. 1160 - An Ordinance of the City
Council of the City of Vernon Amending the Code
of the City of Vernon by Amending Article IV
of Chapter 13, Sections 13.40 through 13.73,
Adding a New Section 13.74 to Article IV of
Chapter 13 and Repealing all Ordinances or
Parts of Ordinances in Conflict Therewith
2. Ordinance No. 1161 - An Ordinance of the City
Council of the City of Vernon Amending the Code
of the City of Vernon, California, 1959 by
Amending Sections 25.100, 25.101, 25.102,
25.103, 25.104, 25.105, 25.106(b), 25.107(a);
Adding a New Section 25.112; Adopting by
Reference the Department of Water Resources
State Model Landscaping Ordinance; and
Repealing All Ordinances or Parts of Ordinances
in Conflict Therewith
3. Ordinance No. 1162 - An Ordinance of the City
Council of the City of Vernon, California
Amending Article XIV of Chapter 2 of the Code
of the City of Vernon, California 1959,
Relating to the Recall of Members of the City
Council
4. Ordinance No. 1163 - An Emergency Zoning
Ordinance of the City of Vernon Prohibiting the
Establishment of Marijuana Dispensaries,
Stores, Co-Ops, or Marijuana Cultivation
Operations in any Zoning District within the
City by Amending Sections 26.2.9 and 26.4.1-4,
and Adopting Findings of Urgency
5. Ordinance No. 1164 - A Zoning Ordinance of the
City of Vernon Prohibiting the Establishment of
Marijuana Dispensaries, Stores, Cc-Ops, or
Page 2 of 11
Regular City Council Meeting Minutes
September 20, 2011
Marijuana Cultivation Operations in any zoning
District within the City by Amending Sections
26.2.9 and 26.4.1-4
6. Ordinance No. 1165 - An Ordinance of the City
Council of the City of Vernon Amending Chapter
2 of the Code of the City of Vernon, Relating
to City Council Elections to Implement Campaign
Finance Regulations
7. Ordinance No. 1166 - An Uncodified Ordinance of
the City Council of the City of Vernon
Temporarily Suspending Acceptance and Review of
Non -Exclusive Solid Waste Franchise Agreement
Applications
8. Ordinance No. 1167 - An Ordinance of the City
Council of the City of Vernon Amending Chapter
2 of the Code of the City of Vernon, Relating
to City Council Elections and the Appointment
of Council Members in Uncontested Elections
9. Ordinance No. 1169 - An Uncodified Ordinance of
the City Council of the City of Vernon
Abolishing the Police and Fire Commission
10. Ordinance No. 1170 - An Ordinance of the City
Council Of The City Of Vernon Repealing Section
7.3 Of The Vernon City Code Authorizing The
Delegation Of Enforcement Responsibilities For
Certain Provisions Of The Fire Code And Other
Fire Safety Regulations
11. Ordinance No. 1171 - An Ordinance of the City
of Vernon Amending the Vernon City Code by
Adding Section 13.88 to Establish Fees and
Charges Pursuant to the Aboveground Petroleum
Storage Act
12. Ordinance No. 1172 - An Ordinance of the City
Council of the City of Vernon Amending Sections
2.34, 2.35, 2.36, 2.37 and 2.39 of the Vernon
City Code Relating to the Vernon Public Library
13. Ordinance No. 1173 - An Ordinance of the City
Council of the City of Vernon Amending the
Vernon City Code to Authorize the Fire Chief to
Report Directly to the City Council and
Defining the Term "Reporting to the City
Council"
14. Ordinance No. 1174 - An Ordinance of the City
Council of the City of Vernon Amending the
Vernon City Code to Clarify that the City
Council Appoints the Purchasing Agent
15. 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 Amending the
Vernon City Code Regarding Deposits, Surety
Page 3 of 11
Regular City Council Meeting Minutes
September 20, 2011
Bonds and Liability Insurance for Encroachment
Permits and Licenses
16. 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
17. 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
18. Ordinance No. 1178 - An Ordinance of the City
Council of the City of Vernon Extending the
Existing Time Limits for the Effectiveness of
and the Receipt of Tax Increment for the
Industrial Redevelopment Project
19. Ordinance No. 1179 - An Ordinance of the City
Council of the City of Vernon Eliminating the
Existing Time Limits on Incurring Debt for .the
First Amended Industrial Redevelopment Project
20. 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
21. Ordinance No. 1181 - An Ordinance of the City
Council of the City of Vernon Extending the
Existing Time Limits for Commencement of
Eminent Domain Proceedings to Acquire Property
within the Industrial Redevelopment Project
22. Ordinance No. 1183 - An Ordinance of the City
Council of the City of Vernon Establishing a
Housing Commission Pursuant to the Provisions
of the City Charter of the City of Vernon and
Specifying the Membership and Duties of the
Housing Commission
4. City Clerk
Page 4 of 11
Regular City Council Meeting Minutes
September 20, 2011
a. Resolution No. 2011-152 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of an Agreement for
Professional Services By and Between the City of
Vernon and Linda Hudson, d/b/a Hudson Consulting
services, for Consulting Services Related to a Special
Mailed Ballot Election to be held on November 22, 2011
h.Resolution No. 2011-153 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of an Agreement for
Professional Services By and Between the City of
Vernon and Martin & Chapman Co., for Consulting
Services Related to a Special Mailed Ballot Election
c. Resolution No. 2011-154 - A Resolution of the City
Council of the City of Vernon, California, Requesting
the Board of Supervisors of the County of Los Angeles
to Render Specified Services to the City Relating to
the Conduct of a Special Mailed Ballot Election to be
held on Tuesday, November 22, 2011
d. Resolution No. 2011-155 - A Resolution of the City
Council of the City of Vernon Amending the Naming of
the Measures to be Submitted to the Voters of the City
for the Special Mailed Ballot Election to be held on
November 22, 2011
e.Resolution No. 2011-156 - A Resolution of the City
Council of the City of Vernon Approving a Conflict of
Interest Code for the Vernon Housing Commission
5. Community Services
a.Authorization to approve and issue Change Order No. 3
toSAK Construction of CA. LP.
b. Building Department Report for the month of August
2011, to be received and filed.
6. Fire Department
a. Activity Report for the period of August 1 through
August 15, 2011, to be received and filed.
7. Health Department
a. Resolution No. 2011-157 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of a Consulting Agreement By
and Between the City of Vernon and Environmental
Management Professionals, LLC
b.August 2011 Monthly Report, to be received and filed.
8. Personnel Department
a. Resolution No. 2011-158 - A Resolution of the City
Council of the City of Vernon Amending Resolution No.
9786 Regarding the Determination for Employer Paid
Member Contributions to the Public Employees'
Retirement System ("EPMC Resolution"), By Amending the
Page 5 of 11
Regular City Council Meeting Minutes
September 20, 2011
Election Conditions of the EPMC Resolution (Amendment
No. 2)
b. Retirement of RoseElia Gonzales, Senior Administrative
Assistant in the Community Services Department,
effective November 10, 2011.
c. Resignation of Janette Barcelo, Senior Dispatcher with
the Police Department, effective September 11, 2011.
d.Resignation of Brian Lendzion, Utilityman IV with the
Community Services Department, effective September 8,
2011.
9. Police Department
a. Resolution No. 2011-159 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of an Agreement for the
"Avoid the 100 DUI Campaign (West) Los Angeles County"
By and Between the Vernon Police Department and the
Gardena Police Department
b.Activity Log and Statistical Summary of Arrest and
Activities for the period of August 1, through August
15, 2011, to be received and filed.
c. Activity Log and Statistical Summary of Arrest and
Activities for the period of August 16, through August
31, 2011, to be received and filed.
10. Purchasing Department
a. Authorization to issue a purchase order to Day
Wireless Systems for the re -programming of the Fire
Department's VHF and UHF radios.
b. Approval of the terms and conditions agreement with
Vidacare Corporation for the purchase of intraosseous
infusion equipment and authorization for the Fire
Chief, or his designee, and take whatever actions are
deemed necessary for the purpose of implementing and
carrying out the terms thereof.
11. Risk Management
a. Resolution No. 2011-160 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Purchase of a One -Year Environmental
Site Liability Insurance Policy for Pre -Existing
Conditions and Newly Discovered Conditions of
Specifically Listed Properties from Evanston Insurance
Company through Arthur J. Gallagher & Co.
1. Removed
2. ORDINANCE NO. 1187 - An Ordinance of the City Council of
the City of Vernon Amending Chapter 2 of the Code of the
City of Vernon Relating to Living Wages (first reading)
Page 6 of 11
Regular City Council Meeting Minutes
September 20, 2011
It was moved by McCormick and seconded by Maisano, to approve
the first reading of Ordinance No. 11B7. Motion carried, 5-0.
NEW BUSINESS
1. Approval to conduct public workshops in order to seek
public input on the proposed water rate increase
recommendation. The Director of Community Services & water
will provide a brief explanation of this matter.
Kevin Wilson, Director of Community Services & Water, reported
that the Department is reviewing its current water rates.
Wilson advised that the Light & Power Department has an
advisory committee which reviews and makes recommendations on
the electrical rates. Since the Water Department does not
have the same opportunity, the department will be conducting a
workshop in order to receive public comment, before presenting
recommendations to City Council for consideration and for a
formal public hearing.
Wilson reported that cost of water from the Metropolitan Water
District, which accounts for about 10% of City's consumption,
increased about 6.5% this year. About 80-90% of the City's
water supply comes from ground water, for which the City is
required to pay a replenishing assessment. The cost for water
from the Replenishment District increased about 19%. Wilson
advised that these costs need to be passed on to customers.
Wilson reported that the proposed rate changes include a 16%
increase to the water rates, an 11% decrease in the square
footage rate, and a 1.9%; increase to the meter charge.
Wilson advised that compared to similar cities, Vernon still
compares favorably. Vernon is second to the City of Industry.
Wilson opined that the rates are competitive even with the
proposed increases. Wilson recommended that the City hold the
workshop on the proposed water rate increases.
Mayor Pro Tem Davis inquired when the last rate increase took
place. In response, Wilson advised that it was on January 1,
2011, and that costs to the City have continued to increase.
Wilson proposed to increase the water rates effective January
1, 2012.
Mayor Gonzales stated that these costs are forced on the City
and these costs now have to be passed on to the customers.
Wilson concurred with the Mayor, and advised that the workshop
will present an opportunity for the businesses to provide
their input.
In was moved by McCormick and seconded by Davis to approve the
public workshop on the proposed water rate increase
recommendation. Motion carried, 5-0.
ORAL REPORTS
Interim Police Chief Daniel Calleros reported that on August 17,
2011, there was a copper wire theft from a vacant building at
4350 Alcoa Avenue. The suspects removed copper wire from
several electrical panels. The building was not equipped with
an alarm system, and there are very few leads in the case.
Page 7 of 11
Regular City Council Meeting Minutes
September 20, 2011
On August 17, 2011, an armed robbery was reported at 2339 E. 49th
Street. Two suspects entered an unsecured location and tied two
employeestochairs in order to incapacitate them. None of the
employees were injured as a result of the robbery. The loss is
estimated at $900 in U.S. currency and several pieces of
jewelry.
On August 23, 2011,. a burglary was reported at 1862E. 27th
Street. The suspect broke into the building and stole several
high -end tools and truck batteries. The video surveillance
system captured the incident. Approximately two weeks later,
the business owner reported that a male fitting the description
was walking around the business company lot. Patrol officers
were able to identify and arrest the suspect as the burglar upon
reviewing the surveillance footage.
On August 26, 2011, a grand theft was reported in the 2000 block
of E. 48th Street. Three unidentified suspects entered an
unlocked delivery truck and stole three large boxes containing
high -end jeans. Detectives are working with investigators from
the LAPD who have also experienced similar thefts in their area.
On September 15, 2011, an attempted car theft was reported at
the corner of Vernon Avenue and Soto Street at the AM/PM. The
victim was in her vehicle when the suspect opened the unlocked
passenger door and demanded the victim's vehicle. The victim
fled her vehicle, taking the car keys with her. Unable to take
the vehicle, the suspect fled the scene on foot and tried to
commandeer another vehicle but was unsuccessful. Patrol
officers responded and were able to apprehend the suspect.
Calleros reported that over the last month canine officers have
assisted several local police agencies on narcotic related
investigations and searches, including cocaine and marijuana.
Captain James Rodino advised that there was one incident of
vandalism at 4820 Alcoa Avenue. The company's trucks were
vandalized with graffiti.
Mayor Gonzales advised that there was graffiti on the black
window panes at 4901 Santa Fe Avenue. In response, Rodino
advised that the glass will most likely have to be replaced by
the company, and that he would speak with the company.
Assistant Chief Andrew Guth reported that the Fire Department
had responded to more than 115 calls since the last meeting,
mostly routine in nature as well as some fires.
Guth reported that the mobile dispatch computers were installed.
He also reported on the retirement of Engineer Gregory Galvan,
and the Department's intent on filling the position with a
candidate from the engineering test.
As part of the public outreach, the Fire Department completed
another C.E.R.T. class. One more class is scheduled for October
11, 2011. In October, the Department will be supporting the
Susan G. Komen Foundation by wearing special uniforms and
distributing information to promote breast cancer awareness.
Risk Manager Willard Yamaguchi announced that on Thursday,
September 29, 2011, the City will be having it's Health Fair in
the city yard sponsored by FIA insurance brokers. Police and
Page 8 of 11
Regular City Council Meeting Minutes
September 20, 2011
Fire Departments, as well as independent vendors, will be in
attendance to promote healthy living.
Director of Community Services & Water Kevin Wilson reported
that the sewer project is almost complete. The work for the
final lining will be done at night. During an investigation, it
was discovered that the sewer at Everett is in poor condition
and will need to be repaired. The Department is collecting bids
for an emergency purchase order. The area had a large sinkhole
due to an old concrete sewer. Wilson explained that clay is the
material used today.
Councilman McCormick inquired what sort of work was being done
by Farmer John's. In response, Wilson advised that it is a
small paving project to install a new parking lot next to the
AM/PM.
Mayor Pro Tem Davis inquired whether the project on Soto Street
and 26th Street had been completed. Wilson confirmed that the
project has been completed, and intends to bring a Notice of
Completion to the next council meeting. The project was a
learning process, because of the new techniques used.
City Administrator Mark Whitworth advised that the final updates
to the reform matrix will be completed and that the documents
will be available online later that day or on the following day
on the City's website.
Whitworth advised that there will be a League of California
Cities Conference on Thursday, September 29, 2011, which he,
Interim City Attorney Michael Montgomery, and a few of the
Council Members will be attending in San Francisco.
Whitworth reported that the Vernon Housing Commission meeting on
September 15, 2011, was well attended by residents and business
representatives. The board addressed many of the policy issues.
Counsel Dana Reed advised that the next Housing Commission
meeting is scheduled for October 5, 2011, in order to meet the
deadline to make recommendations to the City Council on October
l lth for the Vernon Rental Housing Policy.
Whitworth announced Gregory Galvan's retirement after 13 years
with the Vernon Fire Department. Previously, Galvan worked as a
Lieutenant Commander with the Coast Guard in Puget Sound.
Whitworth opined that Galvan is a good example of the quality
personnel in the Fire Department. Whitworth wished Galvan the
best.
Whitworth advised that Cesar Motts of the mobile computer lab
had inquired as to whether Vernon could provide a secure parking
location for the mobile lab. Whitworth is working with Notts to
secure a location.
The Council recessed the City Council meeting until 9:45 a.m.-in
order to address the Redevelopment Agency and Vernon Housing
Agency agenda matters, before commencing the scheduled training.
TRAINING
1. Brown Act and Public Records Act training.
Page 9 of 11
Regular City Council Meeting Minutes
September 20, 2011
Attorneys Daniel Abramson and Jerry Simmons of Reed &
Davidson, LLP conducted a Brown Act and Public Record Act
training session for Council members, Department Heads,
various agency members, and employees.
CLOSED SESSION
At 10:15 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.
At 10:47 a.m. it was moved by McCormick and seconded by Davis,
that the City Council exit closed session. Motion carried, 5-0.
1. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
a. Part-time Dispatcher
Interim City Attorney reported that the Council unanimously
agreed to appoint Janette Barcelo to the position of part-time
Dispatcher.
2. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(b)(3)(C)
Number of potential cases: 1
The City has received a claim for damages pursuant to the
Tort Claims Act. The claim is available for public
inspection.
Interim City Attorney reported that the Council had unanimously
agreed accept the claim for damages from Sandberg Furniture.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (15)
Government Code Section 54956.9(a)
a.BKK Main Street Landfill
Docket No. HAS -CO 05/06-114
The Interim City Attorney reported that the Council had
unanimously agreed to enter a tolling agreement with Los Angeles
County.
b.Barbara Batchan vs. City of Vernon
Case No. BC423702
The Interim City Attorney reported that there was no reportable
action.
c. Jed Hulsey vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-0787
d. Chris Hanson vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-1057
e. Chris Hanson vs. City of Vernon
Page 10 of 11
Regular City Council Meeting Minutes
September 20, 2011
Workers Compensation Appeals Board Case No. CAWC-0811
f. Chad MCGovney vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-0791
g.Aaron Cass vs. City of Vernon
File No. 11003003
h. Stephen Agon vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-1000
i. Oscar Zozaya vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-1038
j. Robin Tolmasoff vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-1039
k. Richard Hill vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-0886
1. Andrew Guth vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-0898
m. David Lazar vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-1126
n. Paul Hallenberg vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-0903
c. Marisela Martinez vs. City of Vernon
Workers Compensation Appeals Board Case No. CAWC-IOBB
Interim City Attorney reported that the Council had unanimously
agreed to stipulate to the settlement agreements for the above
referenced employees listed in Sections 3.b through 3.o of the
closed session.
The City Clerk announced that there were no further items on the
agenda.
At 10:49 a.m., it was moved by McCormick and seconded by Davis,
that the meeting be adjourned. Motion carried.
ATTE .
Will rd G. am i
City Clerk
Hilario ialesr-
Mayoryor
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