Loading...
20111101 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 1, 2011, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Maisano MEMBERS ABSENT: Gonzales, Newmire The meeting was called to order at 9:02 a.m, by Mayor Pro-Tem Davis. Mayor Pro-Tem Davis welcomed everyone to the Council meeting. He requested that public comment be kept to 2-3 minutes depending on how many speakers planned on making a public comment so that everyone would have an opportunity to be heard. Councilman McCormick led the flag salute. Kristen Enomoto announced that there were no changes to the agenda. Enomoto announced that this was the time allotted for public comment. The Mayor Pro-Tem inquired whether anyone in the audience wished to address the City Council. Ethics Advisor John Van de Kamp stated that he is happy to see Mayor Pro-Tem serve in the capacity of acting Mayor, as Mayor Gonzales will not be present during the meeting and that Councilman Newmire is at the hospital with his spouse. Van de Kamp reported that during the Light & Power meeting he had made some recommendations regarding the inability to hear the Council meetings due to microphones not being turned on or utilized which left the audience wondering what was being said. Van de Kamp was pleased to hear that the microphones were functioning correctly and confirmed that the audience in the back could now hear clearly. Van de Kamp emphasized that it is important that all participants use the microphones, which will in turn make the meeting better for those who are interested in what goes on at City Council meetings. His second recommendation was that the City record meetings. He reported that during the last Council meeting what a Council member may have said or intended to say, was not recorded in the minutes. with a decent sound system that ambiguity might have been picked up. Van de Kamp recommended that the City Council authorize the City Administrator to determine and obtain an appropriate. recording device at a reasonable cost. Recordings should be kept 60 days after the minutes are approved. This would clear up any transcription issues. Van de Kamp also advised that it is unclear as to when public comment is to be taken. According to the agenda, public comment is available at this time on any item on the agenda, but opined that it should also be available after individual items are called. Van de Kamp recommended that the Council be open for public comment after each item, allotting time for public comment and continue with a general discussion among the Council members. He opined that this would be a better way to address Regular City Council Meeting Minutes November 1, 2011 agenda items. When dealing with an item on the consent calendar, individuals should comment on that item during this time and encourage the Council to remove it from the consent calendar and place it on the regular agenda for discussion. City Administrator Mark Whitworth advised that as each item is addressed, it is within the Council's prerogative to ask for public comment. Whitworth reported on the resignation letter from Mayor Gonzales, pending PERS pension confirmation. His official retirement is on hold until then. Whitworth advised that normally the process is quick but that it's not unusual for the processing of Council members to take longer. Whitworth reported that Mayor Gonzales is retiring for personal reasons, and that Mayor Pro-Tem Davis will he conducting the Council meeting. He also reported that Councilmen Newmire expressed his sorrow, but could not attend due to personal matters. Whitworth announced the resignation of Michael B. Montgomery effective immediately was received on October 31, 2011. Whitworth advised that Chief Deputy City Attorney, Willard Yamaguchi, will be allowed to perform in the capacity of City Attorney. Yamaguchi is out for the day, but Dana Reed of Reed & Davidson is in attendance to address any legal questions. Peter Corselli of U.S. Growers Cold Storage sought clarification on which positions Montgomery resigned from. Whitworth responded that per Montgomery's statement he is resigned as Interim City Attorney. Whitworth advised that Montgomery still serves as the Executive Director of the Redevelopment Agency ("RDA") and as Special Counsel for the Light & Power Department. In order to terminate his contract with the RDA, the City will need to give a 10 day notice, but it is up to the City Council to consider and approve. Marisa Olguin, President of the Vernon Chamber of Commerce, reported that in response to the actions taken by the City Council that did not follow appropriate protocol, the Chamber, Van de Kamp, and Senator De Leon sent letters to the City expressing their concerns. Olguin advised that she is pleased to see that Council quickly addressed the issue, and will be engaging in a public search for a City Attorney per van de Kamp's recommendation. Olguin noted that the community is very engaged and made a pledge with the City to stay active. She further stated that the City has made some quick changes, but there are still more to be made. Olguin reiterated the Chambers support for the City. Olguin stated that the Mayor has served the City well as an advocate of the industrial community. Throughout his term, he strongly believed in protecting the industrial environment, but noted that change is healthy, and that the community is eager to see new leadership. Olguin thanked Whitworth for his leadership, and announced that the Chamber will continue its partnership with Vernon to become a successful model City. Page 2 of 9 Regular City Council Meeting Minutes November 1, 2011 Jaime Villanueva of Teamsters 572 stated that employees of Vernon are vigilant. Villanueva announced that collectively they support and appreciate City Administrator Whitworth. Van de Kamp reported on the radio report that portrayed the outgoing Mayor unfavorably, and advised that the Mayor had his own economic reasons for retiring. Van de Kamp reported that in his own experience Gonzales has been very approachable, willing to listen, and has not done any wrongdoing. He has worked hard to improve the business climate in Vernon, and should not be perceived as going out under a cloud. Lissette Gavina of Gavina Coffee & Sons advised that she is pleased with the reaction by the City Council. Gavina advised that from a business perspective, as an employee and property owner, and having personally stood -up in Sacramento defending the City, she is disappointed with the actions that transpired during the last Council Meeting. Gavina advised that as a member of the audience the issue was hard to follow and comprehend, and questioned whether there was a potential Brown Act violation, when Interim City Attorney Michael B. Montgomery called the issue a "simple title change." The action caused great alarm. Gavina warned the Council not to confuse her inexperience with a lack of understanding; all are watching. .She stated that we need to stay focused to make Vernon a model city, which means staying on top and adopting the Van de Kamp proposals and the De Leon plan. Jim Andreoli of Baker Commodities Inc. echoed Gavina's sentiments regarding the Council's reaction to the Interim City Attorney title change. Andreoli advised that AB46 has been defeated but it has not gone away. Supporters of AB46 will try and end the City of Vernon by renewing their efforts, and the next time they may not fail. Its disincorporation will affect all communities in the Southland. Andreoli stated that the Council made a promise last summer to support the reform measures that will be voted on later in the month and that to be in political office is an honor and not a paycheck. Council members are elected to serve the City. Andreoli expressed his concerns when the City Council agreed to appoint Montgomery as City Attorney, but pleased to see that it has reconsidered its decision, and urged them to learn from the past. Andreoli thanked Councilmen McCormick and Davis for voting in opposition of the appointment, and the Police and Fire Department who are a model of professionalism and integrity. Andreoli thanked Whitworth in moving the Council towards reform, and worries that he may have put his own job at risk. Andreoli fully supports Whitworth. He noted that we live in precarious times, and that everyone is looking for a scapegoat. He expressed his appreciation to Councilmen Davis and Maisano for attending the town hall meeting with Senator Kevin de Leon on October 28, 2011. Andreoli advised that the community will continue to support the council as long as it continues on the path of reform. Andreoli warned that if the Council wavers from their commitment that they will lose the support. He implored the Council not to make Vernon the next City of Bell. Page 3 of 9 Regular City Council Meeting Minutes November 1. 2011 Mayor Pro-Tem Davis stated that this November is the most important month in the history of Vernon with ballot measure elections on November 8`h and 22"a. As a resident, Davis pronounced that the residents will be deciding the future of Vernon. Davis urged all residents to not let Speaker John Perez continue with AB46. Davis referenced his own family and the raising of his children in Vernon, who he opined are thankful for the life Vernon has provided them. Councilman McCormick asked the City Administrator to bring back a proposal to record future City Council Minutes. Mayor Pro-Tem presented service pins to Melody Falvo, Department Secretary, for her 30 years of service, and Michelle Mermis, Senior Administrative Assistant, for her 10 years of service. The Council also recognized Willie Carram, System Coordinator, for his 5 years of service who was unable to attend the meeting. Mayor Pro-Tem presented Rose Elia Gonzales with a proclamation for her many years of service to the City of Vernon as a Senior Administrative Assistant. Jason MCEachran of the Vernon Firemen's Association thanked the Council for the proclamation making the month of October Brest Cancer Awareness month and recognizing the Susan G. Komen Foundation as the official recipients. McEachran thanked Whitworth and the businesses for their support. On behalf of the Vernon Firemen's Association, MCEachran presented Matthew Hourihan of the Susan G. Komen Foundation with a check in the amount of $7,000. Hourihan thanked everyone and advised that Los Angeles is one of the worse cities plagued with the disease and that one in eight women will be diagnosed with breast cancer. He reported that the money will be used to .pay for diagnosis, treatment, and support groups, to all those in need. MINUTES It was moved by McCormick and seconded by Maisano to approve the Minutes of the Regular City Council Meeting held October 18, 2011. Motion carried, 3-0. CONSENT CALENDAR It was moved by Maisano and seconded by McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried, 3-0. 1. Warrant Registers a.Ratification of the following warrant registers to record the following voided checks: I.City Warrant Register No. 1344 to record voided check no. 335117 in the amount of $20.00; and Page 4 of 9 Regular City Council Meeting Minutes November 1. 2011 2. City Warrant Register No. 1344 to record voided check no. 335210 in the amount of $200.00. h. Approval of City Warrant Register No. 1345, totaling $878,487.09, which covers the period of October 11 through October 24, 2011, and consists of the following: 1.Ratification of wire transfers totaling $53,150.34; and 2. Ratification of the issuance of early checks totaling $656,538.19; and 3. Authorization to issue pending checks totaling $166,798.56. 2. Community Services a.Resolution No. 2011-177 - A Resolution of the City Council of the City of Vernon Accepting the Work of Sully -Miller Contracting Company in accordance with Contract No. CS-0020 0£ the City of Vernon b. Resolution No. 2011-178 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Doty Bros. Equipment Company and Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and Doty Bros. Equipment Company for Emergency Water and Public Works Repairs C. Resolution No. 2011-179 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Valverde Construction, Inc. and Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and Valverde Construction, Inc. for Emergency Water and Public Works Repairs d. Authorization to approve and issue Change Order No. 4 to SAK Construction of CA, LP. 3. Fire Department a. Activity Report for the period of September 16 through September 30, 2011, to be received and filed. h. Activity Report for the period of October 1 through October 15, 2011, to be received and filed. 4. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of October 1, through October 15, 2011, to be received and filed. 5. Risk Management a.Resolution No. 2011-180 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions taken by the Risk Manager in Establishing Aetna Health of California Inc. and Aetna Life Insurance Company Inc. for the City's 2011 Medical Page 5 of 9 Regular City Council Meeting Minutes November 1. 2011 Provider and Approving the Renewal of Health Care Benefits for Active Employees and Retirees Under the Age of 65 for the Calendar Year 2012 from Aetna Life Insurance Company b.Resolution No. 201.1-181 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions taken by the Risk Manager in Establishing Metropolitan Life Insurance Company Group Policy for 2011 Dental Care Benefits and Approving the Renewal of Dental Care Benefits for Active Employees and Retirees for the Calendar Year 2012 from Aetna Life Insurance Company c.Resolution No. 2011-182 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions taken by the Risk Manager in Establishing Lincoln National Life Insurance Company for Life Insurance Benefits for the Calendar Year 2011 and Approving the Renewal of Life Insurance Benefits from the Lincoln National Life Insurance Company for Active Employees and City Council Members for the Calendar Year 2012 d. Resolution No. 2011-183 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions taken by the Risk Manager in Establishing Aetna Health Inc. and Aetna Life Insurance Company Inc. for Health Care Benefits for Retired Employees for the Calendar Year 2011 and Approving the Renewal of Health Care Benefits for Retired Employees for the Calendar Year 2012 from Aetna Life Insurance Company f.� . 1ii F( ZY I.ORDINANCE No. 1188 - An Ordinance of the City Council of the City of Vernon Establishing a Sustainable Development and Energy Efficiency Commission (second reading) It was moved by McCormick and seconded by Maisano, to adopt Ordinance No. 1188. Motion carried, 3-0. 2. ORDINANCE No. 1189 - An Ordinance of the City Council of the City of Vernon Establishing Administrative Enforcement Provisions and Nuisance Abatement Procedures and Amending the Vernon City Code to Allow for Administrative Compliance Orders, Administrative Citations, Civil Penalties and Nuisance Abatement Proceedings (first reading) Kevin Wilson Director of Community Services & Water reported that the department had held a workshop to collect feedback. Over 2,000 notices were sent to businesses. There were no objections on proposed language during the workshop, so the ordinance is presented in its original form. Wilson advised that the ordinance will provide staff additional tools for code enforcement, including citations, and civil penalties. It will also declare certain items such as overgrown vegetation and broken windows as nuisances. Staff will work with property owners to abate the nuisances and resolve the issue. Page 6 of 9 Regular City Council Meeting Minutes November 1. 2011 It was moved by McCormick and seconded by Maisano, to approve the first reading of Ordinance No. 1189. Motion carried. NEW BUSINESS 1. Approval of the proposed addendum, dated October 13, 2011, to expand the scope of the May 23, 2011 Letter Agreement for Reed & Davidson LLP. It was moved by McCormick and seconded by Maisano, to approve the Letter of Agreement for Reed and Davidson LLP addendum. Motion carried, 3-0. 2. Request from the City Administrator for approval of each of the following items, as also recommended by the City's Independent Ethics Advisor: a. Repeal the action taken at the October 18th meeting to remove the "Interim" from the current Interim City Attorney's title. It was moved by Maisano and seconded by McCormick, to repeal the removal of the "Interim" from the Interim City Attorney's title. Motion carried, 3-0. b. Establish and follow an open, transparent, and competitive hiring process for the City Attorney that includes the following: . Identifying the City's needs for the respective position; . Using a search firm; . Utilizing representatives of the League of California Cities as advisors in the process (i.e. to help rank applicants); .Interviewing at least five of the top -ranked applicants; and .Running a full background check on the Council's first choice. Once the aforementioned process has been completed, the appointment of the City Attorney selected as a result of the process can be placed on a public agenda. The same process would also be followed for all other key management positions. It was moved by McCormick and seconded by Maisano, to establish an open, transparent, and competitive hiring process for the City Attorney and other key management positions. Motion carried, 3-0. c. Affirm the Interim City Attorney and City Administrator's joint duty to review and approve all billings from lawyers, law firms, and outside counsel utilized by the City. It was moved by McCormick and seconded by Maisano, to affirm the Interim City Attorney and City Administrator's joint review and approval of billing for all legal fees. Motion carried, 3-0. Page 7 of 9 Regular City Council Meeting Minutes November 1. 2011 Whitworth clarified that Chief Deputy City Attorney Willard Yamaguchi will fill the role of City Attorney until the position has been filled. He and Whitworth will review the billing until then. ORAL REPORTS Interim Police Chief Daniel Calleros reported that on October 19, 2011, motor officers assisted the Southgate Police Department on strategic traffic enforcement near a high school where there have been recent traffic accidents involving pedestrians. On October 20, 2011, patrol officers received a call of a reported gunshot victim in the area of 27th Street. The gunshot victim had been involved in an attempted auto burglary and was considered a suspect. The suspect fled on foot and was found hiding in the loading dock of a nearby business under a bobtail truck. Officers ordered the subject to crawl out from under the truck several times; the subject crawled out, but was non -compliant with the officers, requests. At one point, the subject removed his shirt and challenged the officers, raising his fists and taking an aggressive charge. The officers subsequently tasered the suspect and took him into custody without further incident. Calleros advised that the situation was well handled and that the officers took appropriate action. On October 30, 2011, officers responded to a reported fight at the La Villa Basque. When officers arrived, the two subjects had left the scene. The suspects had been fighting over a beer. A female server who tried to intervene sustained a minor injury. While officers were on location, they witnessed a domestic dispute as a female customer assaulted her husband in the restaurant parking lot. The female was taken into custody for domestic violence. Calleros reported that Saturday, November 5, 2011, Mobile Field Force Team will be assisting the Pomona Police Department with a planned rally by a Neo-Nazi group. The City of Pomona asked local agencies for assistance; 10 officers on regular time and others on overtime will be assisting. "Calleros concluded by thanking Baker Commodities for their positive comments regarding the Vernon Police and Fire Departments. Captain James Rodino reported of one incident of vandalism at 2957 46th Street. Three juveniles were detained and taken to jail. Councilman McCormick reported an act of vandalism on a traffic sign at Atlantic Boulevard and Slauson Avenue, Assistant Chief Andrew Guth reported that the Fire Department had responded to more than 50 calls since the last meeting with no major incidents to report. Guth reported on the USAR training which included auto extractions and MDC installations. The Department graduated Page 8 of 9 Regular City Council Meeting Minutes November 1, 2011 their twelfth C.E.R.T.S. class with over 200 total individuals having been trained. Guth reported that the Great California Shakeout Drill was a success and thanked the staff and employees for participating. Guth also thanked all who contributed to Pinktober, breast cancer awareness month. Carlos Fandino, Director of the Light & Power Department, announced that there will be an Electrical Rates Advisory Committee meeting on Wednesday, November 9, 2011, to discuss a renewable portfolio standard pass through. The City is currently in negotiations for bio-fuel, and anticipates closing a deal with Shell Oil Co. by the end of the year. The goal is to use the Malburg Station for renewable energy. The meeting will be held Wednesday at 8:00 a.m. in the Council Chambers. City Administrator, Mark Whitworth thanked the businesses, John Van de Kamp, Dana Reed, and Jerry Simmons for their support through the process. Many people worked together to identify the things that needed to be changed to make the City better. CLOSED SESSION At 9:47 a.m., 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, 3-0. 1.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) Barbara Batchan vs. City of Vernon Case No. BC423702 At 9:58 a.m. it was moved by McCormick and seconded by Maisano, that the City Council exit closed session. Motion carried, 3-0. Counsel Dana Reed reported that there was no reportable action on the above referenced matter. Enomoto announced that there were no further items on the agenda. At 9:58a.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. ATTES n Will rd G. Yam u i City Clerk William J. Davis Mayor Pro-Tem Page 9 of 9