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20111018 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 18, 2011, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA RE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, Davis, McCormick, Maisano, Newmire MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Gonzales. Councilman McCormick led the flag salute. The City Clerk announced that there were modifications made to Ordinance No. 1188, which included the revision of section numbering and the addition of a Section 5. The City Clerk requested a motion to replace Ordinance No. 1188 with the modified version. It was moved by Davis and seconded by McCormick to amend the agenda to include the modified ordinance. 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, President of the Vernon Chamber of Commerce, stated that she was pleased to see the Good Governance Reform Implementation Matrix made public as the timeline tracks the reforms and the agenda plans, creating deadlines and demonstrating how serious the City is to making a healthy, more accountable City Council. Olguin urged the Council to vote on the Vernon Housing Policy and give the independent Vernon Housing Commission the green - light to tackle the issues. Olguin advised that the Chamber is ready to work with the City on the upcoming elections in order to lock -in the substantive reforms. Olguin emphasized the Chamber's continuous support for the November elections as a critical step in saving the City in a real concrete way. Olguin mentioned that she had met with members of the City Council and re-emphasized the directive of Senators to encourage voters to support the election measures on November 8th and 22"d. She viewed the elections as final steps to save the City. Olguin urged the Council members to vote "yes" on the Vernon Housing Policy and the ordinance for the Sustainable Development and Energy Efficiency Commission. Jaime Villanueva advised that he represents Teamsters 27 in support of the Vernon Housing Policy and Ordinance and views the measures as a better way to govern the City. Lieutenant Adam Christen of the California Highway Patrol ("CHP") advised that the CHP recognizes both Officer Fernando Valenzuela and Officer Richard Velasquez for their efforts against the multimillion dollar enterprise of auto theft. It is a street crime and officers play an integral role in identifying the thieves. Christen reported that there has been an increase in auto theft rate recovery, the highest in the nation. Christen presented the 10851 Award Pin to both officers. Christen explained that in order to receive the awards, officers Regular City Council Meeting Minutes October 18, 2011 must make 12 stolen vehicle recoveries, six of which were cleared by arrest. Christen advised that this is Officer Valenzuela's 6`h award. It was moved by Davis and seconded by McCormick to approve the Minutes of the Regular City Council Meeting held December 20, 2010. Motion carried, 4-0-1, Maisano abstained. It was moved by Newmire and seconded by McCormick to approve the Minutes of the Regular City Council Meeting held September 20, 2011. Motion carried, 5-0. It was moved by Maisano and seconded by Davis to approve the Minutes of the Regular City Council Meeting held October 4, 2011. Motion carried, 5-0. CONSENT CALENDAR Councilman McCormick requested that item 8.a regarding the Vernon Housing Policy be pulled from the Consent Calendar, Councilman Newmire requested that item 2.a. regarding the expanded scope of work for Reed & Davidson LLP be pulled from the consent calendar. It was moved by McCormick and seconded by Newmire that the two items be removed from the Consent calendar. Motion carried, 5-0. It was moved by Newmire and seconded by Davis, that the remaining matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. 1. Warrant Registers a. Approval of Payroll Warrant Register No. 664, totaling $2,635,657.97, which covers the period of August 14 through September 10, 2011, and consists of the following: 1.Ratification of electronic fund transfers (EFTS) totaling $2,611,029.75; and 2. Checks paid through General Fund Warrant Register totaling $24,628.22. b. Approval of City Warrant Register No. 1344, totaling $2,483,905.07, which covers the period of September 27 through October 10, 2011, and consists of the following: 1. Ratification of wire transfers totaling $2,003,335.22; and 2.Ratification of the issuance of early checks totaling $343,258.22; and 3. Authorization to issue pending checks totaling $137,311.63, 2. City Administration a. REMOVED 3. Community Services a. Approval to extend the Service Agreement between the City of Vernon and Nationwide Environmental Services Page 2 of 7 Regular City Council Meeting Minutes October 18, 2011 for one year, beginning October 1, 2011, for citywide street sweeping services pursuant to Section 1 of the Agreement, with no change in terms or conditions. b.Building Department Report for the month of September 2011, to be received and filed. 4. Fire Department a.Activity Report for the period of September 1 through September 15, 2011, to be received and filed. 5. Health Department a.September 2011 Monthly Report, to be received and filed. 6. Personnel Department a. Resignation of Fabian Reyes, Firefighter with the Fire Department, effective October 18, 2011. 7. Police Department a. Resolution No. 2011-174 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the City's Participation in the 2010 Urban Areas Security Initiative Grant Program, Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and the City of Los Angeles, and Authorizing the Execution of Documents Necessary to Obtain the Grant b. Authorization to purchase replacement Sierra Wireless GX400 modems from Access wireless Data Solutions for the Police Department's police units. c. Activity Log and Statistical Summary of Arrest and Activities for the period of September 16, through September 30, 2011, to be received and filed. 8. Vernon Housing Commission a. REMOVED Approval of the proposed addendum, dated October 13, 2011, to expand the scope of the May 23, 2011 Letter Agreement for Reed & Davidson LLP. (Originally Item 2.a. of the Consent Calendar, as removed.) Councilman Newmire recommended that the aforementioned item regarding the extended scope of work for Reed & Davidson LLP be discussed further, and opined that it may require tabling. Newmire explained that the matter would involve additional attorney fees, and questioned whether the extended scope of work falls within the responsibility of the City Attorney. Newmire further recommended that the title "Interim" be removed from Mike Montgomery's title as City Attorney. Councilman McCormick stated that the Interim City Attorney matter was not on the agenda; therefore, the Council cannot take a vote on this. Page 3 of 7 Regular City Council Meeting Minutes October 18, 2011 Montgomery advised that legally it is a change in title and not a change in appointment. If there are no objections, the item can be reconfirmed on the next agenda. Montgomery reported that the item is on the matrix to be addressed. It was moved by Newmire and seconded by Maisano that the "Interim" be removed from Montgomery's City Attorney title. Motion carried 3-2, with McCormick and Davis voting no. Councilman McCormick requested that the item be placed on the next agenda since it was not noticed for the agenda. Olguin addressed the Council and stated that the expanded scope of work for Reed & Davidson was an important part in dealing with election matters. Further, that it was critical that the Vernon Housing Policy be approved. Olguin expressed the importance of this matter for Senator De Leon, John Van de Kamp, the Los Angeles Times, and the businesses. Mayor Gonzales advised that the Council is only addressing the matter concerning the Interim City Attorney. Newmire echoed Gonzales' comment. Montgomery advised that he had met with Reed & Davidson and reviewed the letter agreement. Newmire opined that the item needed to be discussed further beginning with the fees. McCormick requested that the attorneys explain the process behind the Vernon Housing Policy. Counsel Dana Reed stated that the process began with a public hearing. Reed reported that the City staff invited all the tenants and residents, and that the meeting was well attended. The public hearing was held at night and that there had been two subsequent meetings. At each meeting, the Chairperson and Commission took public testimony. A subcommittee consisting of Commissioners Henry Haskell, Hector Garcia, and Eric Gustafson was formed to draft the proposed policy. The entire Commission met and edited the policy at its public meeting and unanimously adopted the policy. The Vernon Housing Commission ("VHC") Chairperson Eric Gustafson clarified that only the rental policy was being presented to the City Council as there seemed to be some confusion over the issue. Gustafson stated that he was present to speak in strong support of the policy as part of City's ongoing reform efforts and that the City Council created the VHC and empowered them to create a housing policy. After the public hearing and discussion, the Commission approved the proposed policy. Gustafson clarified that the only issue being addressed is the proposed Vernon Rental Housing Policy; the commission has not address the potential sale of units. Gustafson emphasized the policy's strong emphasis on fairness and impartiality with no favoritism, its reference to the private residential rental market for best management practices and market rates, and the requirements for transitional procedures for existing lessees, including potential rate increases that would be stepped out to avoid burdening the Page 4 of 7 Regular City Council Meeting Minutes October 18, 2011 current tenants. Gustafson advised that the existing lessees will have a right to continue renting. The VHC was tasked in creating a fair and evenhanded policy for existing and future lessees. Gustafson advised that the VHC met the goal and urged the City Council to adopt the policy. It was moved by McCormick and seconded by Davis to approve the following resolution, No. 2011-175. Motion carried, 5-0. Resolution No. 2011-175 - A Resolution of the City Council of the City of Vernon Approving a Housing Policy for the Vernon Housing Commission (Originally Item 8.a. of the Consent Calendar, as removed.) nRn TWAWr R4 1.ORDINANCE No. 1188 - An Ordinance of the City Council of the City of Vernon Establishing a Sustainable Development and Energy Efficiency Commission (first reading) It was moved by Newmire and seconded by Maisano, to approve the first reading of Ordinance No. 1188. Motion carried, 5-0. ORAL REPORTS Interim Police Chief Daniel Calleros reported that On October 4, 2011, a robbery was reported in the 3400 block of Vernon Avenue. The victim was walking to work when a suspect approached her on foot and demanded money at gunpoint. The victim complied and the suspect fled the scene on foot with approximately $15.00 in U.S currency. On October 6, 2011, at 2809 E. 44th Street, two suspects entered a business and robbed the office clerk at gunpoint. The suspects fled the scene on foot with approximately $3,000 in U.S. currency and business checks. The office clerk was not injured. Calleros pointed out that there has been an increase in street robberies recently, and reported that he has met with other chiefs regarding the issue. Investigators are in contact with other local agencies and are sharing information in order to identify leads. Calleros opined that this particular robbery may have had internal information, since the suspects had knowledge that the business carried large amounts of money and that only one clerk would be working. Captain James Rodino advised that there were no reportable incidents of vandalism, and that the vandalism on Alcoa, identified in the previous Council meeting, had been painted over. There were no other incidents of vandalisms identified by the Council members. Assistant Chief Andrew Guth reported that the Fire Department had responded to more than 60 calls since the last meeting, no major incidents to report. Guth reported that the training focus in confined space rescue continues. The mobile data computer installation is on schedule to be completed by mid November. Guth advised that on October 20, 2011, the City will be participating in the Great California Shakeout Drill. Employees Page 5 of 7 Regular City Council Meeting Minutes October 18, 2011 were briefed by Department Heads regarding the procedure to drop, cover, and hold on. On October 25, 2011, the last 2011 C.E.R.T.S. class will he graduating. Guth advised that the department received great response for the Susan B. Komen Foundation, and it was a successful event. City Administrator, Mark Whitworth reported that the Good Governance Reform Implementation Matrix had been posted on the City's website on October 13, 2011. The November election information is also available online. The ballots for the November 8th election were mailed out on October 17, 2011. Whitworth reported that the Business Development Committee is almost set, pending the confirmation of one more business representative. The Committee will consist of nine members and be responsible for making recommendations on how to improve the business climate in order to attract more businesses and employees. Whitworth announced that the next VHC meeting is scheduled for November 10, 2011. The committee is expected to establish operational procedures for the housing policy. Whitworth reported that the state auditors will be at City Hall through Thursday, October 20th conducting interviews, and accessing documents. The auditors will be provided with city badges so that employees know they are with the state audit team. Whitworth reported that the City had met with Huntington Park City Council members in order to discuss the status of the Good Neighbor Program. The City is expected to assist Huntington Park with a few projects. The Director of Park & Recreations has recommended a splash park, park expansion, and a field renovation for the youth, which are all under consideration by Huntington Park's City Council. Their next Council meeting is tentatively scheduled for October 24, 2011. CLOSED SESSION At 9:36 a.m., it was moved by Newmire and seconded by Davis, that the City Council go into closed session to discuss the items listed on the closed session agenda. Motion carried, 5-0. 1. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957(b)(1) Title: Senior Dispatcher 2. PUBLIC EMPLOYMENT Government Cade Section 54957(b)(1) Title: Administrative Assistant At 9:39 a.m. it was moved by McCormick and seconded by Davis, that the City Council exit closed session. Motion carried, 5-0. The Interim City Attorney reported that the Council unanimously agreed to appoint Cerissa Diaz to the position of Senior Page 6 of 7 Regular City Council Meeting Minutes October 16. 2011 Dispatcher and hire Anthony Zarate for the position of Administrative Assistant. The City Clerk announced that there were no further items on the agenda. At 9:40a.m., it was moved by McCormick and seconded by Newmire, that the meeting be adjourned. Motion carried. ATTH /f I WdN a CityClerk William J. Davis Mayor Pro-Tem Page 7 of 7