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20120103 Regular City Council Meeting - Minutes (2)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 3, 2012, 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 9:17 a.m. by Mayor Pro-Tem Davis. Kevin Monge of the Boy Scouts Troop 419 led the flag salute. The City Clerk announced a change to the agenda. Under the Service Pin Awards, Stephanie Johnson's years of service is corrected to 10 years as opposed to 15 years. The City Clerk also announced that the December 20, 2011, effective dates on the agenda items will be reflected as January 3, 2012, due to the continuation of the agenda. It was moved by McCormick and seconded by Maisano to amend the agenda as recommended. Motion carried, 4-0. ELECTION MATTERS 1. Election of Mayor pursuant Chapter 3.5 of the City of Vernon Charter. If necessary, selection of Mayor Pro Tem pursuant to Chapter 3.6 of the Charter. The City Clerk called for nominations. It was moved by Councilman McCormick to nominate Mayor Pro-Tem Davis as Mayor; it was seconded by Davis. Councilman Maisano moved to nominate Councilman Newmire as Mayor; it was seconded by NeWmire. Counsel Dana Reed suggested a roll call vote. The City Clerk called each councilmember by name requesting their vote: • Councilman Newmire: Newmire • Councilman Maisano: Newmire • Councilman McCormick: Davis • Mayor Pro-Tem Davis: Davis .- The City Clerk announced that there was no majority vote. A Mayor was not elected. 2. Resolution No. 2011-04 - A Resolution of the City Council of the City of Vernon Reciting the Fact of the Municipal Election Held on November 8, 2011 and the Special Mailed Ballot Election Held on November 22, 2011, Declaring the Results and such other Matters as Provided by Law It was moved by McCormick and seconded by Newmire to approve Resolution No. 2011-04. Motion carried, 4-0. In response to Councilman Newmire's inquiry on the election for the 5th vacant seat, Counsel Reed and Whitworth advised that it was up to City Council to give direction to staff to call for an election. Regular City Council Meeting Minutes January 3, 2012 It was moved by Newmire and seconded by Maisano to place the calling of an election on the next agenda. Motion carried, 4-0. 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 recommended an amendment to the City Charter that would address the issue of an election with multiple open seats. Counsel Reed advised that Council has the opportunity to direct staff to include the proposed charter amendment on the next election. Mayor Pro-Tem presented a service pin to Stephanie Johnson, Lead Records Technician, for her 10 years of service. The City Council also recognized Cynthia Mireles, Administrative Assistant, for her 5 years of service who was unable to attend the meeting. The City Clerk read and presented Lew Pozzebon with a proclamation for his many years of service as Director/Health Officer on behalf of the City Council. Pozzebon thanked the City Council for their support during his 26 years of service. The City Clerk read Resolution No. 2012-01 - A Resolution of the City Council of the City of Vernon Commending and Honoring Former Mayor Hilario Gonzales for His Many Years of Service to the City of Vernon. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-01. Motion carried, 4-0. Former Mayor Hilaric Gonzales reflected on his years in Vernon, and expressed his appreciation towards the City and its employees. MINUTES It was moved by Maisano and seconded by Newmire to approve the Minutes of the Regular City Council Meeting held November 15, 2011. Motion carried, 4-0. It was moved by McCormick and seconded by Newmire to approve the Minutes of the Regular City Council Meeting held December 6, 2011. Motion carried, 4-0. It was moved by Newmire and seconded by Maisano to approve the Minutes of the Special City Council Meeting held December 15, 2011. Motion carried, 4-0. It was moved by McCormick and seconded by Davis to approve the Minutes of the Regular City Council Meeting held December 20, 2011. Maisano and Newmire abstained. The minutes are to be filed and recorded. Page 2 of 11 Regular City Council Meeting Minutes January 3, 2012 It was moved by McCormick and seconded by Davis to approve the Minutes of the Special City Council Meeting held December 22, 2011. Maisano and Newmire abstained. The minutes are to be filed and recorded. PUBLIC HEARINGS At 9:45 a.m., it was moved by McCormick and seconded by Maisano to open the public hearing to consider the adoption of the proposed water rate adjustments. Director of Community Services & Water Department Kevin Wilson made a presentation on the water rate increases. Wilson proposed a 1.89% increase for the meter charges, a 16.84e increase for the commodity charge, and an 11.49%� increase for the square footage charge. In total, the new proposed rate increases are estimated to have a 7.82°s increase on revenues collected. Wilson advised that while the proposed recycled water rate would be a decrease to customers, the Malburg Generating Station was the only user. At 10:01 a.m., it was moved by McCormick and seconded by Maisano, to close the public hearing. Motion carried, 4-0. Resolution No. 2012-05 - A Resolution of the City Council of the City of Vernon Establishing the Rates for the Sale of water in the City of Vernon in Accordance with the Vernon City Code and Ordinance No. 1029 It was moved by Maisano and seconded by McCormick to approve Resolution No. 2012-05. Motion carried, 4-0. CONSENT CALENDAR It was moved by McCormick and seconded by Maisano, that the matters on the Consent Calendar be approved as recommended. Motion carried, 4-0. 1. Warrant Registers a. Ratification of City Warrant Registers to record the following voided checks: 1.City Warrant Register No. 1338 to record voided check no. 334043 in the amount of $23.90; and 2.City Warrant Register No. 1338 to record voided check no. 334077 in the amount of $10.00; and 3. City Warrant Register No. 1338 to record voided check no. 334091 in the amount of $555.98; and 4. City Warrant Register No. 1341 to record voided check no. 334514 in the amount of $100.00; and S.City Warrant Register No. 1347 to record voided check no. 335632 in the amount of $565.30; and 6.City Warrant Register No. 1347 to record voided check no. 335637 in the amount of $565.30; and 7.City Warrant Register No. 1347 to record voided check no. 335683 in the amount of $344.00; and 8. City Warrant Register No. 1347 to record voided check no. 335684 in the amount of $115.15. Page 3 of 11 Regular City Council Meeting Minutes January 3, 2012 b. Ratification of City Warrant Registers to record the following voided checks: 1.City Warrant Register No. 1340 to record voided check no. 334292 in the amount of $61.92; and 2.City Warrant Register No. 1345 to record voided check no. 335232 in the amount of $30.00. c.Approval of Payroll Warrant Register No. 666, totaling $2,611,356.88, which covers the period of October 9 through November 5, 2011, and consists of the following: 1. Ratification of electronic fund transfers (EFTS) totaling $2,585,799.60; and 2. Checks paid through General Fund Warrant Register totaling $25,557.28. d. Approval of City Warrant Register No. 1348, totaling $1,518,582.34, which covers the period of November 29 through December 26, 2011, and consists of the following: 1.Ratification of wire transfers totaling $105,283.79; and 2. Ratification of the issuance of early checks totaling $1,003,580.331 and 3. Authorization to issue pending checks totaling $409,718.22. 2. Community Services a.Building Department Report for the month of November 2011, to be received and filed. 3. Fire Department a. Activity Report for the period of November 1 through November 15, 2011, to be received and filed. b.Activity Report for the period of November 16 through November 30, 2011, to be received and filed. c.Activity Report for the period of December 1 through December 15, 2011, to be received and filed. 4. Health Department a.Novemher 2011 Monthly Report, to be received and filed. 5. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of November 16, through November 30, 2011, to be received and filed. b. Activity Log and Statistical Summary of Arrest and Activities for the period of December 1, through December 15, 2011, to be received and filed. Page 4 of 11 Regular City Council Meeting Minutes January 3, 2012 RESOLUTIONS 1.Resclution No. 2012-06 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement Letter Agreement By and Between the City of Vernon and John Van de Kamp and Dewey & LeBoeuf LLP to serve as an Independent Reform Monitor It was moved by McCormick to approve Resolution No. 2012-06. Councilman Newmire questioned the resolution, as to whether - other candidates were considered. City Administrator Whitworth reported that on August 25, 2011, City Council unanimously approved Resolution No. 2011-149 which authorized the City Administrator to seek an independent reform monitor. In response to Councilman Newmire's concerns, Ethics Advisor John Van de Kamp explained that the engagement letter falls in line with Senator Kevin De Leon's reforms and that they are trying to fulfill what the City Council had decided earlier and voter needs. Councilman Maisano expressed his concerns over the legal costs and the City's solvency to which City Administrator Whitworth stated that the projections were approved in the July budget. In response to Maisano's request for a break down on the billing Van de Kamp recommended an executive session, so that Council has a better idea of what services the firms provide. He recommended that as Council employs outside counsel, government rates should be negotiated. McCormick moved and Davis seconded to approve Resolution No. 2012-06. Motion carried, 4-0. 2. Resolution No. 2012-07 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 2011-129 regarding the Compensation, Costs and Benefits of its Employees ("Personnel Resolution") by Amending Sections 9, 10 and 15(C) and Schedule No. III of the Personnel Resolution (Amendment No. 1) It was moved by McCormick and seconded by Davis to approve Resolution No. 2012-07. Motion carried, 4-0. 3. Resolution No. 2012-08 - A Resolution of the City Council of the City of Vernon Approving and Accepting the Quitclaim Deed Dedicating in Fee a Portion of the Property Located at 3030 Atlantic Boulevard It was moved by McCormick and seconded by Newmire to approve Resolution No. 2012-08. Motion carried, 4-0. 4. Resolution No. 2012-09 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Engineering Design and Construction Support Services for Well 21 It was moved by Newmire and seconded by McCormick to approve Resolution No. 2012-09. Motion carried, 4-0. Page 5 of 11 Regular City Council Meeting Minutes January 3, 2012 S.Resolution No. 2012-10 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of Two 2012 Chevrolet Tahoe Police Patrol Vehicles and One 2011 Ford Crown Victoria Police Interceptor for the Police Department It was moved by Newmire and seconded by Maisano to approve Resolution No. 2012-10, Motion carried, 4-0. - 6.Resolution No. 2012-11 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for the Engineered Design of a Temporary Closed Water System, Elevated Tank Standpipe Repair and Technical Support Services It was moved by McCormick and seconded by Newmire to approve Resolution No. 2012-11. Motion carried, 4-0. nunTWAWrca 1.ORDINANCE No. 1190 - 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 Procedures for the Removal of Abandoned Vehicles (first reading) Interim Police Chief Daniel Calleros advised that the proposed Ordinance will establish administrative procedures to allow the Police Department to enforce the code and provide for a hearing process. It was moved by Newmire and seconded by McCormick to approve the first reading on Ordinance No. 1190. Motion carried, 4-0. 2. ORDINANCE No. 1191 - An Ordinance of the City Council of the City of Vernon Amending Ordinance No. 1187 relating to Living Wages to Remove Language in Section 2.132(b) (first reading) City Administrator Whitworth reported that on October 4, 2011, Ordinance No. 1187, regarding living wage, was adopted as part of the good governance reforms. The ordinance was modeled after the City of Los Angeles and allowed for employees to be compensated twelve (12) days in the silo of either vacation or sick pay. The City allows for sixteen (16) compensated days, eight (8) vacation days and eight (8) sick days. Whitworth explained that the ordinance will not alter the number of days allowed by the City; it will simply clarify what those days will be. It was moved by Newmire and seconded by Maisano to approve the first reading of Ordinance No. 1191. Motion carried, 4-0. I: 1 ��M_\i LYi: iaL l 1.Approval of the agreement with Christopher Lancaster and Civic Publications, and authorization for the City Administrator to issue purchase orders for various advertising opportunities at the stated costs. Page 6 of 11 Regular City Council Meeting Minutes January 3, 2012 City Administrator Whitworth advised that the request is for publications in order to comply with the transparency reforms. Councilman Newmire inquired as to what would happen if Council disapproved. In response, Whitworth advised that if the City wants to send a message to the public, the expense is necessary. It was moved by McCormick and seconded by Davis to approve the agreement with Lancaster and Civic Publications. Motion carried, 4-0. 2. Authorization to issue a monthly purchase order to L.N. Curtis & Sons for the service and repairs of the Fire Department's Sperian SCBA equipment. It was moved by Newmire and seconded by Maisano to authorize the L.N. Curtis & Sons purchase order. Motion carried, 4-0. 3. Acceptance of donation from YN Apparel by the City Council for the proposed uses. Fire Marshall Jed recommended that it would be appropriate to send Mr. Cheong a letter thanking him for his generosity. It was moved by McCormick and seconded by Maisano to accept the donation from YN Apparel. Motion carried, 4-0. 4. The Mayor's selection of a Council member to serve on the Vernon Housing Commission for the unexpired term, subject to ratification by the City Council. Counsel Dana Reed advised that since no Mayor was elected, the Mayor Pro -Temp has the duties of the Mayor. Mayor Pro-Tem Davis announced that he is recommending himself to serve on the Vernon Housing Commission. The recommendation was moved by McCormick and seconded by Newmire. Motion carried, 4-0. 5.Authorization to issue a purchase order to RohoVu for the purchase of mobile computer terminals for the Police Department. It was moved by Newmire and seconded by Maisano to authorize - the RoboVu purchase order. Motion carried, 4-0. 6. Authorization to execute letter to Senator Kevin De Leon regarding the Harbor Toxics TMDL. Director of Community Services & Water Department Kevin Wilson expressed his concern over the cost arising from toxic cleanup of harbors being passed down to the cities. He recommended a letter be sent to Senator Kevin De Leon requesting that the issue be sent back to Los Angeles Regional Water Quality Control Board. It was moved by Maisano and seconded by Newmire to authorize the letter to Senator De Leon. Motion carried, 4-0. 7. Appointment of members to the Sustainable Development and Energy Efficiency Commission (SDEEC). Page 7 of 11 Regular City Council Meeting Minutes January 3, 2012 Category Recommendation Business Representative Jim Andreoli Jr. Business Representative Albert Halimi Business Representative Ingun Littorin Labor Representative Armando Espinoza Labor Representative Jaime Villanueva Environmental Representative Peter Corselli Environmental Justice Representative Michael Gavina It was moved by McCormick and seconded by Newmire to appoint the recommended members to the SDEEC. Motion carried, 4-0. DISCUSSION AND POSSIBLE ACTION 1. Implementation of budget approved expenditures effective January 1, 2012. City Administrator Whitworth advised that these expenditures will implement previously approved budget items including a one time, one step increase to employees, various Department Head adjustments and reclassifications pursuant to the resolution previously approved. Whitworth explained that since the step increases were not implemented as of July 1, 2011, the City will have savings of approximately $170,000 for fiscal year 2012. The change will reportedly affect 89 city employees. Whitworth addressed the Council member's concerns and advised that additional information on the step increases is available to the Council members' through the Personnel Department. Mayor Pro-Tem Davis proclaimed that employees have dedicated many years and have gone without increases for several years. Davis moved to implement the step increases, and was seconded by McCormick. Motion carried, 4-0. Whitworth announced that he would provide Council a list of the individuals. ORAL REPORTS City Administrator Whitworth congratulated Lew Pozzebon and Hilario Gonzales on their retirement and wished them both continued success. Whitworth reported the recent dissolution of the Redevelopment Agency. Counsel Dana Reed advised that one of the concerns is who will be the successor of the RDA. By default, the City is named, but if it chooses not to be the successor, Council will have to take action. Whitworth reported on the search firm process. Whitworth reported that the Business Development Committee has been formed. Members include the following: • William Davis • Michael McCormick Page 8 of 11 Regular City Council Meeting Minutes January 3, 2012 Mark Whitworth Steve Halpin Reid Delphey Tim Hatfield OR Marisa Olguin John McMillan Neil Mishurda Ed Rendon Stan Stosel Whitworth reported that the reform matrix has been posted throughout the departments and on the City's website. Whitworth reported that he will be attending the California Contract Cities Association conference on January 9th and loth along with Councilmen McCormick and Davis. Whitworth also reported on the CalPERS audits and the IRS audit. Whitworth added that the City is frequently scrutinized but that the IRS made no changes to the report. Interim Police Chief Daniel Calleros reported that on a theft at the city yard that occurred on December 6, 2011, at 2800 Soto Street. No property was taken and there are limited leads. On December 8, 2011, two suspects were arrested for the theft of metal from a vacant building owned by BNSF railroad. On December 13, 2011, motor officer assisted in traffic enforcement near the Vernon Elementary School due to recent complaints of parents parking in red zone areas and stopping in the center median. Calleros reported on a hit and run accident involving an off - duty officer that occurred on December 16, 2011. The suspect was later arrested for felony hit and run. On December 19, 2011, Detectives assigned to the cargo theft investigation team, conducted a follow-up investigation at 2764 Leonis Boulevard in reference to stolen "Vans" t-shirts. Further investigation led officers to 3200 Bandini Boulevard, where an additional 16 pallets were recovered. In total, approximately $180,000 of wholesale value was recovered. On December 27, 2011, the department received an indecent exposure report along Vernon Avenue. Detectives are following UP. On December 29, 2011, the theft of city owned water lids occurred in the area of 2nd Street and Anderson Street., On January 1, 2012, two suspects were arrested in connection with an assault with a deadly weapon. Calleros reported that over the past month there have been five reported thefts of vehicle batteries_ The thefts have few investigative leads and patrol staff is routinely briefed on these types of incidents. Captain James Rodino reported that there had been no incidents of vandalism since the last Council meeting. Councilman McCormick identified one incident of vandalism Page 9 of 11 Regular City Council Meeting Minutes January 3, 2012 Assistant Chief Andrew Guth reported that the Fire Department responded to more than 200 calls, mostly routine in nature. The department was involved a mutual aid incident involving a tanker truck that caught fire on the 60 freeway in Montebello. Guth reported that the training focus for the month of January is hose elevation and reported that the Spark of Love toy drive was successful. Director/Health Officer Lewis Pozzebon expressed his appreciation for the approval of the employee step increases. He opined that it would be a good moral booster. Mayor Pro-Tem Davis thanked everyone for attending the first City Council meeting of 2012. CLOSED SESSION At 11:32 a.m., it was moved by McCormick and seconded by Maisano, that the City Council go into closed session to discuss the items listed on the closed session agenda. Motion carried, 4-0. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(b)(3)(C) Number of potential cases: 1 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(b)(3)(B) Number of potential cases: 2 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (2) Government Code Section 54956.8 a. Parcel No. 6303-010-903 b. 5611 District Boulevard (also listed as 5555 District Boulevard) and 4855 E. 52"d Street At 11:45 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 claim of Sol Pak, Inc. Closing documents will be made available for public inspection once finalized by all parties. The Council unanimously agreed to settle a claim with Ivette Alfaro regarding an FLSA claim. Closing documents will be made available for public inspection once finalized by all parties. The Council unanimously agreed to enter into a tolling agreement with the BKK Working Group regarding the BKK landfill in Covina. Page 10 of 11 Regular City Council Meeting Minutes January 3, 2012 The Council unanimously agreed to the sale of parcel number 6303-010-903 to Culver City Meat Company. The City Clerk announced that there were no further items on the agenda. At 11:46 a.m., it was moved by McCormick and seconded by Newmire, that the meeting be adjourned. Motion carried. William J. Days Mayor Pro-Tem ATT i lard G. Y uc i City Clerk Page 11 of 11