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20120417 Regular City Council Meeting - Minutes (3)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, APRIL 17, 2012, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Maisano, Ybarra MEMBERS ABSENT: Newmire The meeting was called to order at 9:01 a.m. by Mayor Pro-Tem Davis. Councilman McCormick led the flag salute. The City Clerk announced that the City had intended to schedule a public hearing for the proposed special parcel tax for today's agenda but that the hearing had been removed and will be noticed for a later date. The City Clerk announced that this was the time allotted for public comment. Mayor Pro-Tem Davis inquired whether anyone in the audience wished to address the City Council. Steve L'Ecluse of Bandini Truck Terminal, Inc. requested an explanation for each of the agenda items, specifically for Resolution No. 1 on the City Council - Light & Power Matters' agenda. Legal Counsel Dana Reed advised that City staff will address the resolutions as they are called. ELECTION MATTERS 1. Resolution No. 2012-51 - A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the General Municipal Election Held on April 10, 2012, Declaring the Result and Such Other Matters as Provided by Law City Clerk Willard Yamaguchi summarized the election results declaring Michael Ybarra as the winner of the April 10, 2012, election. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-51. Motion carried, 3-0-1, with Ybarra abstaining. 2. Certificate of Election to be delivered by the City Clerk to Michael Ybarra. The City Clerk presented Ybarra with the Certificate of Election. 3. Oath (Affirmation) of Office to be administered by the City Clerk to Michael Ybarra. The City Clerk administered the Oath (Affirmation) of Office to Ybarra. Ybarra thanked the residents, the City, and businesses such as Farmer John, Baker Commodities, Gavina & Sons, Cal Plastics, and the Chamber of Commerce for their support. He thanked Regular City Council Meeting Minutes April 17, 2012 Marisa Olguin for getting him involved in the fight against AB46. Ybarra pronounced this as an historical day in Vernon, where Council members are no longer hand-picked. Ybarra pledged that his work will be on the path of good governance, and promised to serve with honesty and integrity. He recollected his family's history in Vernon as members of past city councils, including his father. 4. Election of Mayor, and Election of Mayor Pro Tem if - necessary. It was moved by Maisano and seconded by McCormick to elect McCormick as Mayor. It was moved by Ybarra and seconded by Davis to elect Davis as the Mayor. Hearing no other nominations, a role call vote was taken. - Councilman Ybarra voted for Davis - Councilman McCormick voted for McCormick - Mayor Pro-Tem Davis voted for Davis - Councilman Maisano voted for McCormick The City Clerk announced that there was no majority vote. A Mayor was not elected. MINUTES It was moved by Maisano and seconded by McCormick to approve the Minutes of the Regular City Council Meeting held January 17, 2012. Motion carried, 3-0-1, with Ybarra abstaining. 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 Register No. 1351 to record the following voided check no. 336616 in the amount of $100.00. b.Approval of Payroll Warrant Register No. 670, totaling $2,495,099.22, which covers the period of February 12, through March 10, 2012, and consists of the following: 1.Ratification of direct deposits, checks and taxes totaling $1,792,707.05; and 2. Checks and electronic fund transfers (EFTS) through the General bank account totaling $702,392.17. c.Approval of City Warrant Register No. 1355, totaling $515,484.79, which covers the period of March 27, through April 9, 2012, and consists of the following: 1. Ratification of wire transfers totaling $258,857.23; and 2. Ratification of the issuance of early checks totaling $51,944.23; and Page 2 of 6 Regular City Council Meeting Minutes April 17, 2012 3. Authorization to issue pending checks totaling $204,683.33. 2. Community Services a.Building Department Report for the month of March 2012, to be received and filed. 3. Fire Department a. Activity Report for the period of March 1, through March 15, 2012, to be received and filed. 4. Health Department a.March 2012 Monthly Report, to be received and filed. S. Police Department a.Activity Log and Statistical Summary of Arrest and Activities for the period of March 16, through March 31, 2012, to be received and filed. 1. Resolution No. 2012-52 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Change Order No. 2 to the Services Agreement By and Between the City of Vernon and Santa Fe Building Maintenance for Janitorial Services Kevin Wilson, Director of Community Services and Water, reported on the increase in fees due to the new living wage requirement. He reported that a request for proposals had been issued and that during the interim period, the resolution would extend the current service agreement on month -to -month basis until a new contractor was selected. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-52. Motion carried, 4-0. NEW BUSINESS 1. Authorization to purchase police vehicle equipment from OTA Communications. Interim Police Chief Daniel Calleros reported that the equipment in question had been in service for a number of years and needed to be replaced. In response to Councilman Ybarra, Calleros explained that asset forfeiture funds collected from narcotics and theft recoveries would be used to purchase the equipment. ORAL REPORTS Interim Police Chief Daniel Calleros reported on a cargo theft of approximately $480,000 in miscellaneous apparel on April 4, 2012. Detective assigned to the Cargo theft investigation team located and recovered approximately $478,000 of the stolen merchandise. The investigation is still ongoing in an effort to identify all parties involved. Page 3 of 6 Regular City Council Meeting Minutes April 17, 2012 Calleros reported that on April 4, 2012, Motor Officers participated in the annual railroad crossing enforcement with Burlington Northern Santa Fe Railroad Police. within a 4 hour period, a total of 56 citations were issued at four intersections along Downey Road. On April 5, 2012, the fixed License Plate Reader system alerted a stolen vehicle. Patrol officers responded and were able to locate the stolen vehicle. Calleros described the system as a valuable resource and advised that it was also purchased with asset forfeiture funds. On April 10, 2012, Patrol Officers responded to a call and witnessed two subjects climbing over a business wall in the 2400 block of 57th Street. Officers confirmed with business owners that there should be no personnel on location. It was noted that the padlock securing the rear gate was replaced with a different lock. Two trucks containing stolen machinery were found parked inside the lot. The business advised that the trucks did not belong to them. Mutual aid assistance from the South Gate and Montebello Police Departments was requested. Both suspects were located and taken into custody and charged with suspicion of grand theft. Calleros announced that in the following week, officers will be participating in the annual law enforcement Baker to Vegas Challenge Cup, a 120 mile relay race. He wished the Officers luck. Captain James Rodino reported that there have been no acts of vandalism since the last Council meeting. Director of Light & Power Carlos Fandino reported on the recent Advisory Committee for Electric Rates meeting which included discussions on a proposed 12% rate increase for fiscal year 2012-2013, followed by a 5% rate increase for fiscal year 2013- 2014. Fandino announced that the Committee is scheduled to meet again before making a recommendation to City Council. Assistant Chief Andrew Guth advised that there have been no major incidents, with all calls routine in nature. Guth reported that the department is continuing its training focus on ventilation operation for the month of April. Guth reported that the Blood Drive held April 12, 2012, collected 110 units, and that the St. Baldrick's event held on the same day raised $3,000. Guth announced that the first day of the MDA Jerry's Kid event was successful with $6,900 collected. Councilman Ybarra recommended that the event be publicized more. Environmental Specialist Dave LeDuff, substituting for the Interim Director of Health and Environmental Control, reported that the next Sustainable Development and Energy Efficiency Commission meeting will discuss their action plan, solid waste haulers, and AB 341. Kevin Wilson, Director of Community Services and Water Department, reported on the Advisory Committee for Business Development meeting which consisted of the proposed special Page 4 of 6 Regular City Council Meeting Minutes April 17, 2012 parcel tax workshop. He advisedthat the City is taking a step back and will continue to meet with the businesses. Wilson reported on a recent incident involving the unnoticed street closure of Bandini Boulevard by BNSF Railroad. Wilson advised that the City has communicated to BNSF that future street closures need to be coordinated with the City. City Administrator Mark Whitworth reported that the regular Vernon Housing Commission meeting was cancelled. He announced that the next Commission meeting is scheduled for May 10, 2012. Whitworth reported on the selected members to the Oversight Board for the Successor Agency to the Redevelopment Agency. He advised that Councilmen Davis and McCormick were selected to represent the City. Whitworth reported on the closing dates for applicants for the various search firms. Whitworth reported on the City's efforts to double its existing population. Wilson further clarified that he has prepared and sent out a Request for Proposals to developers for the former Thermador site located on 52� Drive. In response to Councilmen Ybarra, Wilson advised that the City does not intend to operate or own the new housing units. Whitworth reported on the ongoing negotiations for the Police and Fire MOUs. Whitworth congratulated Ybarra on his victory. Counsel Dana Reed recommended a recess to address the City Council - Light & Power Matters agenda before going into closed session. At 9:40 a.m. the regular City Council meeting was recessed in order to address the Light and Power agenda matters. At 10:04 a.m. the Council reconvened to continue the remaining City Council agenda matters. CLOSED SESSION At 10:04 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, 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 The City has received a claim for damages pursuant to the Tort Claims Act. The claim is available for public inspection. At 10:08 a.m. it was moved by McCormick and seconded by Ybarra, that the City Council exit closed session. Motion carried, 4-0. Chief Deputy City Attorney Willard G. Yamaguchi reported that the City Council unanimously agreed to accept a claim for Page 5 of 6 Regular City Council Meeting Minutes April 17, 2012 damages. Closing documents will be available once executed by all parties. The City Clerk announced that there were no further items on the agenda. At 10:09 a.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. ATTE 1 d G. Yamagu i City Clerk William J. Da s Mayor Pro-Tem Page 6 of 6