20111206 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD TUESDAY, DECEMBER 6, 2011,
IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, McCormick, Maisano, Newmire
MEMBERS ABSENT: None
The meeting was called to order at 9:02 a.m. by Mayor Pro-Tem
Davis.
The City Clerk announced that on October 31, 2011, the City
received a letter of resignation from Mayor Gonzales. The
Mayor's resignation became effective December 1, 2011, and
included all boards and commissions. The City thanks the former
Mayor for his many years of service on behalf of the people of
Vernon, and wishes him well in his retirement.
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 Pro-Tem inquired whether anyone in
the audience wished to address the City Council.
Ethics Advisor John Van de Kamp announced that it has been a
pleasure to work with the City, and congratulated the City on
the overwhelming support on the recent reform measures.
Van de Kamp advised that he had spoken to Speaker John Perez at
a public event. When asked why he had not continued with AB46,
Perez advised that the bill can always be brought back for
consideration. Van de Kamp advised that he did not receive any
indication that it would, but that Perez did express his
concerns over the housing and Vernon population. Perez believes
it is too small to have a democratic election. His message is
clear in that Vernon needs to move forward with the housing
reforms, adding additional housing as it becomes feasible. Van
de Kamp proposed that the proposed time table keep going in
order for the City to address the issues and keep the public
informed.
Van de Kamp read a letter from Senator Kevin De Leon to the City
Council. He felt it was important to read the letter into the
public record because it makes everyone aware that Sacramento is
watching and paying close attention to Vernon. In summary,
Senator De Leon congratulated the City in passing the reform
measures, highlighted the importance of hiring professional and
ethical managerial and legal staff. For the reforms to be fully
implemented and carried over into the future, the process must
start with the hiring of a City Attorney with the integrity to
guide the City into a new phase of government. The City must to
this in a thorough and transparent process, as recommended by
John Van de Kamp. Senator De Leon's letter outlined the
process, and the commitment to transparency as endorsed by the
City.
Senator De Leon advised that during the search for a city
Attorney the current City Administrator should be retained. The
Regular City Council Meeting Minutes
December 6, 2011
letter described Mark Whitworth's leadership as critical at this
juncture. Once a City Attorney has been retained, the City can
then turn its attention to a City Administrator through the same
search and transparent process.
Van de Kamp advised that he will be working with the City, and
urges the Council to review the search firm proposals in order
to get the item on the next City Council agenda.
Jaime Villanueva of Teamsters 572 announced that collectively
they support City Administrator Whitworth and encouraged the
City to retain him as the City Administrator as Whitworth has
been the face of Vernon and is in large part, responsible for
Vernon getting a second chance against AB46.
Mayor Pro-Tem presented service pins to Kenneth Jackson,
Utilityman III, for his 20 years of service; Claudia Arellano,
Project Manager, for her 20 years of service; Pin Chan, Project
Engineer, for his 10 years of service; and Raquel Franco,
Payroll Clerk, for her 10 years of service.
MINUTES
It was moved by McCormick and seconded by Maisano to approve the
Minutes of the Regular City Council Meeting held November 1,
2011. Motion carried, 3-0-1, Councilman Newmire abstained.
CONSENT CALENDAR
Mayor Pro-Tem inquired whether anyone in the audience had any
comments or requests to remove any of the items on the Consent
Calendar. There were no comments.
It was moved by Newmire and seconded by McCormick, that the
matters on the Consent Calendar be approved as recommended.
Motion carried. 4-0.
1. Warrant Registers
a. Ratification of the following warrant registers to
record the following voided checks:
1. City Warrant Register No. 1341 to record voided
check no. 334523 in the amount of $198.99; and
2. City Warrant Register No. 1343 to record voided
check no. 335081 in the amount of $1,405.65; and
3. City Warrant Register No. 1345 to record voided
check no. 333354 in the amount of $379.49.
b. Approval of City Warrant Register No. 1347, totaling
$3,289,911.90, which covers the period of November 8
through November 28, 2011, and consists of the
following:
1. Ratification of wire transfers totaling
$2,429,213.38; and
2. Ratification of the issuance of early checks
totaling $565,185.18; and
3. Authorization to issue pending checks totaling
$295,513.34.
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Regular City Council Meeting Minutes
December 6. 2011
2. City Administration
a. Resolution No. 2011-196 - A Resolution of the City
Council of the City of Vernon Adopting a City Policy
and Procedures for Complying with Open Meeting Laws
including the Ralph M. Brown Act
b. Resolution No. 2011-197 - A Resolution of the City
Council of the City of Vernon Adopting a Public
Records Act Compliance Policy and Revising its
Procedures for Public Inspection, Examination, and
Copies of Public Records, and Repealing Resolution No.
7216
3. City Clerk
a.Resolution No. 2011-198 - 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
b. Resolution No. 2011-199 - A Resolution of the City
Council of the City of Vernon Setting Forth Procedures
and Schedule for the Selection of Key City Management
Personnel, the Compensation of Such Personnel, and the
Re -affirmation of the Position of the City
Administrator
4. Community Services
a. Resolution No. 2011-200 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of a Services Agreement By
and Between the City of Vernon and Littlejohn-Reuland
Corporation for Annual Emergency Motor Repairs
b.Resolution No. 2011-201 - A Resolution of the City
Council of the City of Vernon Accepting the Bid of
Hogle-Ireland, Inc. and Approving and Authorizing the
Execution of a Services Agreement By and Between the
City of Vernon and Hogle-Ireland, Inc. for the
Preparation of the General Plan Update
c.Authorization to approve and issue Change Order No. 5
to CNS Engineers, Inc.
d.Authorization to participate in the Metro Rapid Bus
Shelter funding program.
5. Fire Department
a. Authorization to issue a purchase order to Angel City
Data for the modification of the Fire Department's
inspection software.
6. Health Department
a. 2011 Annual Vernon Jail Inspection Report, to be
received and filed.
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December 6. 2011
7. Personnel Department
a.Retirement of Lewis Pozzebon, Director/ Health Officer
with the Health Department, effective January 11,
2012,
8. Police Department
a. Activity Log and Statistical Summary of Arrest and
Activities for the period of November 1, through
November 15, 2011, to be received and filed.
9. Purchasing Department
a. Resolution No. 2011-202 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of a Software License
Agreement and a System Maintenance Agreement By and
Between the City of Vernon and VisionAIR, Inc. for
Software for the Vernon Police Department
b.Authcrization to issue a purchase order to Fire Etc.
for the purchase of Niedner Supplyline and XL800 fire
hoses.
DISCUSSION ITEMS
1. Direction on whether the City should issue a letter of
public convenience and necessity to permit the issuance of
an Alcoholic Beverage and Control off -sale beer and wine
license to the State of California Department of Alcoholic
Beverage and Control on behalf of OXVF Inc.
Kevin Wilson, Director of Community Services L Water
Department, advised that the City has run into an unusual
situation that it has not dealt with, at least within the last
30 years. Wilson explained that the AM/PM market located at
3278 Slauson Avenue used to have an alcohol sales permit, but
the permit was moved offsite. The facility was originally
constructed in 1989. The facility was recently sold to OXVE,
Inc. According to the State of California Department of
Alcoholic Beverage and Control ("ABC"), in order to transfer
the Type 20 off -sale Beer and Wine License it currently holds,
the City must issue a letter of public convenience and
necessity.
Wilson advised that he had reviewed the governing laws and
spoke to a representative at the ABC. The number of Type 20
License is based on residential population. Vernon's
population would only allow for one license.
The City currently has 6 of the Type 20 licenses. The City
previously had seven licenses, including the AM/PM location,
but time lapsed for the transfer of the license. The process
now requires a letter of recommendation and approval by ABC.
If the criterion for the number of licenses permitted is based
on Vernon's work force of 55,000, rather than the residential
population, the City could have up to 30 Type 20 licenses.
The representative at ABC reported that there have been
requests for licenses based on work force population rather
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Regular City Council Meeting Minutes
December 6. 2011
than residential, and that Vernon's unique environment would
fall within that criteria.
The limitation on the number of licenses issued is to restrict
any undue hardship on the community. Wilson advised that the
case is unique because the facility had a license, and only
lost the license because of a change in ownership. Wilson
described the location as not a "blighted" condition and not
creating any additional police activity. Based on employee
population the City can have additional licenses. Wilson
recommended that it would be appropriate to issue the public
necessity letter. If ABC permits the license the matter would
be brought to the City Council in the form of a conditional
use permit. The City first needs to give permission and issue
a letter of recommendation. Wilson reported that a
representative of OXVE, Inc. was also present.
Councilman McCormick sought confirmation that the facility in
question was the existing am/pm store. Wilson confirmed that
it was, and that the facility had been there over 20 years.
Mayor Pro-Tem Davis inquired whether anyone in the audience
had any questions or comments. No one responded.
Councilman McCormick moved to issue a letter of public
convenience and necessity on behalf of OXVE, Inc. to the ABC.
It was seconded by Newmire. Motion carried, 4-0.
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Interim Police Chief Daniel Calleros reported that on November
20, 2011, during a patrol check officers arrested a subject for
recent fuel thefts after spotting the vehicle involved in
several reported incidents. The subject was found standing near
vehicle in question. The vehicle contained three large gasoline
tanks, one of which had a hose extending into the gas tank of a
parked tractor. The suspect had parked close to the tractor in
order to avoid detection. The Detectives are working on
connecting the subject to other similar crimes reported in
recent months. Since the arrest there have not been any reports
of fuel theft.
On November 22, 2011, a theft of truck batteries from three
vehicles was reported at 2311 E. 48th Street. Calleros reported
that over the last 2-3 months there has been an increase in
truck battery thefts. The suspects and their vehicles were
captured on video footage but the videos do not capture the
vehicle license plate numbers. Detectives are following up with
local agencies for similar thefts.
On November 23, 2011, a suspicious package was reported at
FedEx. canine officers confirmed that the package contained
marijuana. The case has been handed over to the narcotics team.
On November 27 and 28, 2011, Detective located a stolen trailer
loaded with general merchandise valued at $76,000.00 in a
warehouse in the City of Bell Gardens. A search warrant was
issued and additional stolen items were recovered estimated at
approximately $122,000.00.
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Captain James Rodino reported that there had been no incidents
of vandalism since the last Council meeting, and inquired
whether the Council members had any incidents to report.
No additional incidents of vandalism were reported.
Assistant Chief Andrew Guth reported that the Fire Department
had responded to more than 60 calls since the last meeting with
no major incidents to report. Recent wind events contributed to
three small fires.
Guth reported that the training focus for the month of December
was the low angle rescue and swift water rescue in preparation
for the winter season and possible rescues in the Los Angeles
River. The Department is hosting a multi -agency Hazmat training
session in conjunction with BNSF. During the previous week, 12
fire personnel completed a 40 hour confined space rescue class.
Guth announced that the Fire Department is participating in the
Spark of Love toy drive for needy children in surrounding areas.
Carlos Fandino, Director of the Light & Power Department,
reported that the City had experiences several power outages due
to high winds that reached up to 83 mph. There were multiple
power outages with other utilities. Fandino advised that he is
proud to announce that Vernon's longest power outage lasted 2
hours. All power has been fully restored, and he commended the
department for an excellent job.
Fandino announced that the next Electric Rates Advisory
Committee meeting is on December 7, 2011, at 8:00 a.m. Fandino
welcomed the public to attend.
In response to Councilman Newmire's inquiry about the meeting
time, Fandino advised that the Advisory Committee meeting was a
regular quarterly meeting at 8:00 a.m.
Director of Community Services & Water Department Kevin Wilson
reported that the high winds hit the City's infrastructure.
Trees and debris had to be cleaned up. All of the down trees
were removed within 4-5 hours.
In regards to Van de Kamp's reference to the housing in Vernon,
Wilson reported that the City has approved the hiring of a
consultant to update the general plans, so that the City can
accommodate additional housing.
Mayor Pro -'rem Davis commended the City crew on making the rounds
and cleaning up all of the debris.
City Administrator, Mark Whitworth announced that Goldberg &
Sclovy Foods had submitted a notice of reduction in workforce
affecting approximately 175 employees.
Whitworth advised that the City has met with Van de Kamp's team,
which includes Cynthia Kurtz, who will assist the City in
enacting and implementing the reforms. Kurtz will be at the
City two days a week and she will meet with Council members and
department heads to address any concerns or issues. Kurtz is a
former City Manager for the City of Pasadena for over ten years,
and comes highly recommended.
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December 6, 2011
Whitworth advised that the City has received five proposals from
different search firms. A review panel will be working with van
de Kamp and Kurtz and working with the a few Council members to
narrow the firms down to three which will be presented during
the next Council meeting.
Whitworth advised that the process going forward with the
selected search firm will include another panel that would
become involved in meeting the different aspects for a City
Attorney candidate. Business representatives and others will be
involved. Three to five City Attorney candidates will be
presented to the City Council. Whitworth anticipates that the
process will take approximately 4 months, which has been the
standard time frame in most of the search firm proposals.
Mayor Pro-Tem Davis announced that since Christmas and New Years
both fall on Sunday, he reminded everyone that City Hall will be
closed on the Mondays after the holidays. Mayor Pro-Tem Davis
wished everyone happy holiday shopping.
CLOSED SESSION
At 9:45 a.m., it was moved by McCormick and seconded by Newmire,
that the City Council go into closed session to discuss the item
listed on the closed session agenda. Motion carried, 4-0.
1. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (1)
Government Code Section 54957
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2)
Government Code Section 54956.9(a)
a. California Department of Toxic Substances Control v.
City of Vernon Case No. CV 11-7051 DDP (CW)
b. XYZ Distributors, Inc. v. City of Vernon
Case No. LA CV11-05301 JAK (FFMx)
At 10:14 a.m. it was moved by McCormick and seconded by Maisano,
that the City Council exit closed session. Motion carried, 4-0.
Willard Yamaguchi, Chief Deputy City Attorney, reported that the
Council unanimously agreed to accept the recommendation of the
Assistant Fire Chief regarding the discipline of a fire fighter.
Yamaguchi reported that the Council unanimously approved the
settlement of the matter entitled DISC vs. COV. The Council
also unanimously approved the settlement of the matter entitled
XYZ Distributors vs. COV. The details of the settlements will
he made available once documentation is finalized by all of the
parties.
The City Clerk announced that there were no further items on the
agenda.
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December 6, 2011
At 10:15 a.m., it was moved by McCormick and seconded by
Maisano, that the meeting be adjourned. Motion carried.
ATTE .
Willard G. amagu h
City Clerk
William J. D vis
Mayor Pro-Tem
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