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20111115 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 15, 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 9:28 a.m. by Mayor Gonzales. Councilman McCormick led the flag salute. 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. City Administrator Mark Whitworth announced that pursuant to Independent Reform Monitor John Van de Kamp's recommendation, adjustments to the sound system were made, and all statements are now being recorded. MINUTES It was moved by Davis and seconded by Maisano to approve the Minutes of the Regular City Council Meeting held January 3, 2011. Motion carried, 5-0. It was moved by McCormick and seconded by Maisano to approve the Minutes of the Regular City Council Meeting held February 1, 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 February 15, 2011. Motion carried, 5-0. CONSENT CALENDAR Councilman Newmire requested that item 2.a. regarding a Media Relations Policy, item 2.b. regarding a Travel and Expense Reimbursement Policy, and item 3.b. regarding candidate statements be removed from the Consent Calendar. Mayor Gonzales advised that the items will be addressed after the Consent Calendar. It was moved by Davis and seconded by McCormick, that the remaining matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. 1. Warrant Registers a. Approval of the Check History Listing, totaling $2,807.745.39, which covers the period of July 8, 2009, through November 7, 2011. b. Ratification of City Warrant Register No. 1345 to record voided check no. 335380 in the amount of $123.40. Regular City Council Meeting Minutes November 15. 2011 c. Approval of Payroll warrant Register No. 665, totaling $2,584,085.18, which covers the period of September 11 through October 8, 2011, and consists of the following: 1. Ratification of electronic fund transfers (EFTS) totaling $2,559,484.37; and 2. Checks paid through General Fund Warrant Register totaling $24,600.81. d. Approval of City Warrant Register No. 1346, totaling $538,350.07, which covers the period of October 25 through November 7, 2011, and consists of the following: 1. Ratification of wire transfers totaling $313,011.27; and 2. Ratification of the issuance of early checks totaling $42,843.84; and 3. Authorization to issue pending checks totaling $182,494.96. e. Approval of Federal Funds for Street Improvements Warrant Register No. 12, totaling $25,722.95, which covers the period of July 26 through November 7, 2011, and consists of the following: 1.Ratification of wire transfers totaling $25,722.95. 2. City Administration a. REMOVED FROM CONSENT CALENDAR b. REMOVED FROM CONSENT CALENDAR c. Councilmember attendance report for the Independent Cities Association Seminar held July 8-9, 2011. d. Councilmember attendance report for the League of California Cities Annual Conference and Expo held September 21-23, 2011. 3. City Clerk a. Resolution No. 2011-188 - A Resolution of the City Council of the City of Vernon, California, Calling for the Holding of an All Mail Ballot General Municipal Election to be Held on Tuesday, April 10, 2012 for the Election of Certain Officers as required by the Provisions of the Charter of the City of Vernon b. REMOVED FROM CONSENT CALENDAR c. Resolution No. 2011-189 - 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 General Municipal Election to be Held on Tuesday, April 10, 2012 Page 2 of 10 Regular City Council Meeting Minutes November 15. 2011 d. Resolution No. 2011-190 - 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 General Municipal Election to be Held on Tuesday, April 10, 2012 e. Resolution No. 2011-191 - A Resolution of the City Council of the City of Vernon 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 General Municipal Election to be Held on Tuesday, April 10, 2012 4. Community Services a. Resolution No. 2011-192 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Citywide Traffic Signal Maintenance b.Resolution No. 2011-193 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Notice Inviting Bids to Lease Water Rights for Fiscal Year 2011-2012 c.Building Department Report for the month of October 2011, to be received and filed. 5. Fire Department a. Resolution No. 2011-194 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement by and between the City of Vernon and FilmL.A., Inc. for Film Permitting Services b.Activity Report for the period of October 16 through October 31. 2011. to be received and filed. 6. Health Department a.October 2011 Monthly Report, to be received and filed. 7. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of October 16, through October 31, 2011, to be received and filed. The City Council addressed the items that were removed from the Consent Calendar. A Resolution of the City Council of the City of Vernon Approving and Adopting a Media Relations Policy (Originally Item 2.a. of the Consent Calendar, as removed.) Councilman Newmire recommended that item 2.a regarding the Media Relations Policy be tabled advising that Council still had questions on the matter. Page 3 of 10 Regular City Council Meeting Minutes November 15. 2011 It was moved by Newmire and seconded by Gonzales that the Media Relations Policy Resolution be tabled. Motion carried 3-2, with McCormick and Davis voting no. A Resolution of the City Council of the City of Vernon Approving and Adopting a Travel and Expense Reimbursement Policy for Certain Expenses of City Council Members and City Employees and Repealing Resolution No. 9201 (Originally Item 2.b. of the Consent Calendar, as removed.) Councilman Newmire recommended that item 2.b regarding Travel and Expense Reimbursement Policy be tabled advising that the reimbursement should be addressed on an individual basis, and opined that the item had ill timing in the present economic times. It was moved by Newmire and seconded by Gonzales that the Travel and Expense Reimbursement Policy Resolution be tabled. Motion carried 3-2, with McCormick and Davis voting no. Independent Ethics Advisor John Van de Kamp advised that he understood the motion to table the matters but sought clarification on the reasons why. Van de Kamp advised that the items were recommendations that were given to Council. Councilman Newmire advised that the City Council should have more information on the Media Relations Policy and questioned whether this was the appropriate timing to address the Travel and Expense Reimbursement Policy. Be opined that the policy implies that Council members are planning on going on trips, when it is not the case. Mayor Gonzales advised that the matters can be brought back to Council on the agenda. The City Clerk inquired as to Council's concerns, questions, or needs and requested direction for staff in order to address the issues. Councilman Newmire advised that he would ask the questions outside of the Council meeting. The City Clerk advised that this would be the proper forum for any questions. Councilman Newmire advised that the issues were never discussed " with the Council members. City Administrator Whitworth reported that procedurally Council had given direction to adopt these policies. The City was asked the progress of the items and as such addressed them. Whitworth reported that the Media Relations Policy mirrored that of the City of Los Angeles, and that the Travel and Expense Reimbursement Policy was the same policy the City formally had prior to being repealed. It was moved by Newmire and seconded by Maisano to rescind the prior motion to table the Travel and Expense Reimbursement Policy, Resolution No. 2011-187, and approve the same. Motion carried, 5-0. Page 4 of 10 Regular City Council Meeting Minutes November 15, 2011 It was moved by Newmire and seconded by Gonzales that the Media Relations Policy Resolution be tabled. Motion carried 3-2, with McCormick and Davis voting no. A Resolution of the City Council of the City of Vernon Approving and Adopting a Travel and Expense Reimbursement Policy for Certain Expenses of City Council Members and City Employees and Repealing Resolution No. 9201 (Originally Item 2.b. of the Consent Calendar, as removed.) Councilman Newmire recommended that item 2.b regarding Travel and Expense Reimbursement Policy be tabled advising that the reimbursement should be addressed on an individual basis, and opined that the item had ill timing in the present economic times. It was moved by Newmire and seconded by Gonzales that the Travel and Expense Reimbursement Policy Resolution be tabled. Motion carried 3-2, with McCormick and Davis voting no. Independent Ethics Advisor John Van de Kamp advised that he understood the motion to table the matters but sought clarification on the reasons why. Van de Kamp advised that the items were recommendations that were given to Council. Councilman Newmire advised that the City Council should have more information on the Media Relations Policy and questioned whether this was the appropriate timing to address the Travel and Expense Reimbursement Policy. He opined that the policy implies that Council members are planning on going on trips, when it is not the case. Mayor Gonzales advised that the matters can be brought back to Council on the agenda. The City Clerk inquired as to Council's concerns, questions, or needs and requested direction for staff in order to address the issues. Councilman Newmire advised that he would ask the questions outside of the Council meeting. The City Clerk advised that this would be the proper forum for any questions. Councilman Newmire advised that the issues were never discussed with the Council members. City Administrator Whitworth reported that procedurally Council had given direction to adopt these policies. The City was asked the progress of the items and as such addressed them. Whitworth reported that the Media Relations Policy mirrored that of the City of Los Angeles, and that the Travel and Expense Reimbursement Policy was the same policy the City formally had prior to being repealed. It was moved by Newmire and seconded by Maisano to rescind the prior motion to table the Travel and Expense Reimbursement Policy, Resolution No. 2011-187, and approve the same. Motion carried, 5-0. Page 4 of 10 Regular City Council Meeting Minutes November 15, 2011 Resolution No. 2011-187 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Travel and Expense Reimbursement Policy for Certain Expenses of City Council Members and City Employees and Repealing Resolution No. 9201 Van de Kamp advised that a Media Relations Policy is necessary in order for the City to respond to the pressure of numerous media requests. Therefore, the City should have a policy. The implementation of a policy will require additional steps such as providing contact phone numbers. Van de Kamp explained that, as an example, should one of the Council members receive a phone call or inquiry, that call could be referred to the Public Information Officer, City Administrator, or whomever the City sees fit. The process would be handled more clearly than without having a policy in place. Mayor Gonzales inquired whether the Council could still make changes to the policy after it is approved. Van de Kamp confirmed that the policy could be subject to change as time goes on. It was moved by Newmire and seconded by Maisano to rescind the prior motion to table the Media Relations Policy, Resolution No. 2011-186, and approve the same. Motion carried, 5-0. Resolution No. 2011-186 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Media Relations Policy In regards to item 3.b. concerning the Candidate Statement, Councilman Newmire requested a continuance to study the item further. Whitworth advised that procedurally the item needs to take place to hold an election. It is important to address the item in a timely manner in order to hold an election on April 10, 2012. Whitworth directed Kristen Enomoto to speak on the matter. Enomoto advised that she had no additional information on the timeliness of the matter, but that the calling of the election needs to be approved now. All other items relating to the election are necessary to conduct the election. Councilman Newmire questioned Section 6 of the resolution, which repeals all previous policies on payment for candidate statements, and Section 7, which states that the resolution only applies to the election to be held on April 10, 2012. Counsel Dana Reed, of Reed and Davidson LLP, stated that he was not prepared to answer immediately, and will provide an answer as expeditiously as possible. Councilman Newmire also questioned a section which directs the City Administrator to take whatever actions are deemed necessary to implement the actions of the resolution, and inquired as to why it was not tasked to the City Attorney or City Clerk. Reed advised that the City Attorney is involved in ballot measures, but that the April 10, 2012, election is only for candidates. Statements are discretionary, and are not required. Worse case scenario is that there are no statements. The City Page 5 of 10 Regular City Council Meeting Minutes November 15, 2011 Administrator's duties can include the hiring of consultants such as Linda Hudson and Martin and Chapman. Reed explained that these duties are administrative in nature and not legal matters. The City Clerk clarified that the City Clerk Department is responsible for conducting the election. Whitworth further clarified that the resolution language advises that the City Administrator or his designee is tasked to implement the actions. Whitworth pronounced that he hereby designates the City Clerk. Enomoto reported that the City Council has until December 12, 2011, to adopt the Candidate Statement Resolution. The Council has one regularly scheduled meeting before this date. Councilman Newmire advised that he would still need the additional information that Reed could not provide. It was moved by Newmire and seconded by Maisano to table the following resolution until December 6, 2011, the next Council meeting. Motion carried, 5-0. A Resolution of the City Council of the City of Vernon, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters at a General Municipal Election to be Held on Tuesday, April 10, 2012 (Originally Item 3.b. of the Consent Calendar, as removed.) ORDINANCES 1. 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 (second reading) It was moved by McCormick and seconded by Davis, to adopt Ordinance No. 1189. Motion carried, 5-0. a. Resolution No. 2011-195 - A Resolution of the City Council of the City of Vernon Establishing and Adopting an Administrative Citation and Civil Penalties Fee Schedules pursuant to Chapter 1, Sections 1.8-1, 1.8-2, 1.8-3, 1.8-4 and 1.8-5 of the Code of the City of Vernon, California 1959 It was moved by McCormick and seconded by Maisano to approve Resolution No. 2011-195. Motion carried, 5-0. NEW BUSINESS 1. Appointment of the following to an appeals board for any appeal of the determination of the building official: Page 6 of 10 Regular City Council Meeting Minutes November 15, 2011 Volunteer Job Title 1. Reid Delphey Engineer 2. Jeff Herman General Contractor 3. Barry Segal Architect 4. Richard Pena Electrical Contractor S. Matt Simon Architect It was moved by McCormick and seconded by Maisano to approve the appointment of the above referenced appeals board. Motion approved.5-0. DISCUSSION ITEM 1.Discussion of City Attorney search process. The City Clerk advised that the request comes at the direction from Council. Whitworth advised that during the last meeting, Council repealed its previous actions to remove the "Interim" portion from the Interim City Attorney's title. Within the same recommendation, the Council approved a search process to secure a new City Attorney. The City Council gave Counsel Reed direction to secure a request for proposals ("RFP") for a search firm to assist in securing a City Attorney. The RFP was sent to 10 different firms. Counsel Reed further reported that the RFP provided until 5:00 p.m, on December 5, 2011 to submit proposals. The RFP was sent mostly to firms that were recommended by the League of California Cities, and posted on the City's website. Reed advised that if anyone had additional firms they would like to include, a proposal could be sent by the afternoon. Search firms could also be directed to the City's website for the information. Reed summarized the RFP, which includes a plan on how the City should best go about finding a City Attorney, deciding on whether to obtain a full-time/part-time employee versus a firm, and making compensation recommendations. Whitworth advised that the City wanted to conduct a search that was transparent while applying best practices while looking to the City's ethics advisor to be certain that the City was acting properly in order to protect the City Council. Whitworth reported that before Counsel Reed was given direction to conduct the search for a search firm, he asked whether Reed would consider taking on the role of City Attorney, and he declined. Van de Kamp advised that he has had an opportunity to run similar searches for Executive Director of the State and county bar associations and he too looked at different search firms. The search for Vernon's City Attorney will be on a smaller scale. The process would be narrowed down by application, then interviews, and then a small pool of candidates would be given an opportunity to be presented to the City Council. In his personal views, Van de Kamp acknowledged that in the past when the City had hired large firms, the cost to the City was substantial. If the City was able to find the right person with the knowledge and integrity, Van de Kamp preferred Page 7 of 10 Regular City Council Meeting Minutes November 15, 2011 a full-time employee and if special needs arise, then the City could seek the help from firms and negotiate government rates. Van de Kamp opined that this would make good sense for the City, but is not opposed to using smaller firms, which should still be considered in the process. Mayor Gonzales agreed that a large firm is not best, and requested that a special meeting be held to discuss what the City needs from a City Attorney. Gonzales requested that the Council have this discussion with representatives from all the firms, so that Council can provide their input. Gonzales suggested that the meeting be held on November 21, 2011. Whitworth advised that the RFP provided until December 5, 2011, and that holding a meeting on November 21a` would not be following the process. Van de Kamp clarified that the City will not know all of the firms that are bidding until December 5, 2011. Van de Kamp further added that bids might be too high at which point the Council could reduce the number of firms that should be present at any future meetings. Whitworth and Enomoto both clarified that until December 5, 2011, the City will not know which firms from that list will actually be interested. The meeting is a good idea, but should be held after the RFP due date. In response to Mayor Gonzales' inquiry as to why the firms couldn't be contacted to confirm their interest, Enomoto explained that they were given until December 5`" Counsel Reed advised that the point of the meeting is well taken. On December 5rb, the City will have all the information and can begin to narrowing down the firms, and have the few remaining firms present to City Council. They will be given an opportunity to sell themselves, and Council can decide which firm to hire. November 21st was viewed as insufficient time for firms to get their presentations together. Van de Kamp advised that the benefit of a search firm is to allow the firm to perform backgrounds on all of the applicants, and know how they perform from an objective viewpoint. Mayor Gonzales inquired whether the Council could look at other applicants. Reed explained that the search firm will acknowledge anyone who applies, and then make their candidate recommendations. They will also coordinate interviews as to who will be the City Attorney that best fits the City's needs. Mayor Gonzales advised that there are other requirements from the Council's perspective. Reed confirmed that the City Council will have their input. Councilmen Newmire inquired whether the Council was allowed to accept a firm now even before the December 5rh date, or talk to any of the bidding firms. Counsel Reed reported that there are no provisions for any pre deadline conferences. However, all firms must be invited to Page 8 of 10 Regular City Council Meeting Minutes November 15. 2011 attend; Council cannot have a meeting with just one firm. This allows for everyone to have the same information. Kevin Wilson Director of Community Services & Water, speaking from experience, said that there is a process for conducting a pre -conference meeting, but only under certain criteria, such as applicants having questions about the scope of work. Wilson advised that he has looked at the RFP, and the scope of work is clear and sees no need for a pre -conference meeting. The RFP was reviewed by Counsel and City staff, staff can coordinate a meeting if Council wants one, but there is no need for one. Mayor Gonzales advised that he does not have a request at this time, but that he may have to call a special meeting at a later date. nPAT. PF.PnWP R City Administrator Mark Whitworth reported that the Media Relations Policy and the Travel and Expense Reimbursement Policy are two of the items that were part of the Good Governance Matrix. These items can now be marked as concluded and the City will report the matter as accomplished. Whitworth advised that he was leaving to San Francisco in order to assist in a presentation to Standard and Poors and Moody's regarding the City's credit rating. He wished to announce the retirement of Lewis Pozzebon effective January 11, 2012. Pozzebon has served the City for 26 years, and he purposely delayed his retirement to keep the team together and aid with AB46. Whitworth advised that Pozzebon was instrumental and looked to him for advice. Director/Health Officer Lewis Pozzebon stated that it has been a great 26 years, and appreciates the support and direction from Whitworth as well as City staff. Pozzebon reported that he has had a great positive career, that Vernon was a great place to work, and that he respects the City Council and all of the people he has worked with. Pozzebon looked forward to making it to January llth, and leaving on good terms. On behalf of the City Council, Mayor Gonzales thanked Pozzebon for his years of service. He described Pozzebon as a good director and responsible for a wide range of criteria, a benefit to the community. Pozzebon assisted staff with the various requirements and has been president of many associations. Gonzales expressed his appreciation of Pozzebon's time with the City and hoped that in retirement he will be able to relax. Interim Police Chief Daniel Calleros reported that on November 3, FedEx reported a suspicious package when employees detected the odor of marijuana coming from the package. A canine officer confirmed that the package contained a small quantity of marijuana. Further follow-up will be conducted by the drug enforcement taskforce. On November 5, 2011, the Mobile Field Force Team assisted the Pomona Police Department with a planned rally by a Neo-Nazi group in front of Pomona City Hall. Approximately 300-400 demonstrators attended the event. There were no significant incidents reported. Calleros opined that the participation provided good exposure and experience for Vernon officers. Pomona Police Department greatly appreciated the assistance. Page 9 of 10 Regular City Council Meeting Minutes November 15, 2011 On November 11, 2011, a theft of diesel fuel from several bobtail trucks parked in an unsecured parking lot was reported at 5403 Santa Fe Avenue. The suspects' vehicles were captured on video as they drove into the parking lot. similar theft video footage revealed that the same suspects were involved in other incidents. The information was sent out to local agencies and to the business community to alert them so that they can keep a look out for the suspects. Captain James Rodino advised that there were no reportable incidents of vandalism. No other incidents of vandalism were identified by the Council members. Battalion Chief Dave Kimes reported that the Fire Department had responded to more than 50 calls since the last meeting, no major incidents to report. Kimes reported that the training focus for the month is automobile extrapolation. He also reported that the mobile data computer installation is ongoing. Kimes reported that over 92 pints of blood were collected for Children's Hospital of Los Angeles. The City Clerk announced that there were no further items on the agenda. At 10:27 a.m., it was moved by McCormick and seconded by Davis, that the meeting be adjourned. Motion carried. ATTE r � 1 d amag c i City Clerk William J. Da Mayor Pro-Tem Page 10 0£ 10