20120710 Regular City Council Meeting - MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD TUESDAY, JULY 10, 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: None
The meeting was called to order at 3:02 p.m. by Mayor Pro-Tem
Davis.
Councilman Ybarra 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. Mayor Pro-Tem Davis inquired whether anyone in
the audience wished to address the City Council.
Resident Reno Bellamy opined that Ordinance No. 1197 and the
resolution being presented is an effort to keep him out of
office. Bellamy questioned the opposition when he too is pro
reform. Bellamy stated that he agrees with the state audit and
has met with Senator Kevin De Leon office and he is in agreement
with all the reforms. Bellamy questions whether there might be
a personal agenda to keep him out of office, and sought
clarification.
There were no other comments
PUBLIC HEARINGS
1. Consider the adoption of a resolution establishing
procedures for election contests pursuant to Ordinance No.
1197.
a. Resolution No. 2012-116 - A Resolution of the City
Council of the City of Vernon Adopting Rules and
Procedures to Govern Election Contests Filed with the
City Council Pursuant to Vernon City Charter Section
3.4
Marguerite Leoni of Nielsen, Merksamer, Parrinelo, Gross, and
Leoni, reported on the origin of the Council's authority,
pursuant to City Charter, Section 3.4, as the final judge of
elections. Under case law, as the legislative body of a Charter
City, the Council has the authority to adjudicate an election
contest. Leoni clarified that the authority is not a new
provision and precedes the contest request as submitted by a
registered voter on June 18, 2012. On June 20, 2012, the City
Council authorized the City Clerk to request additional time
from the County Registrar Recorder ("County"). Under the
constraints of the state wide election schedule, the County
determined that it could not wait for the entire time requested.
Therefore, it was necessary for the Council to establish a fair
process to address the election contest presented on June 18,
2012. City Council's first action was the approval and adoption
of Ordinance No. 1197, on June 27, 2012. The ordinance
established the basic framework, including the basis for
challenges, definitions, timing, and filing of challenges, and
Special City Council Meeting Minutes
July 10, 2012
authorizes the preparation of the resolution for the nuts and
bolts of the hearing process in order to remain fair and
transparent.
The resolution presented today is very detailed in how the
hearing will be handled. Leoni advised that much of the
language is original since Council is not a court, but a
legislative body exercising its quasi-judicial authority. She
reported that much of the procedure is rooted in the California
elections code.
Leoni reviewed the sections of the resolution highlighting
important topics. She reported that the resolution was made
available for public review on the City's website on July 5,
2012. Leoni clarified that the resolution and the procedures
were not created to address the June 5, 2012, election
specifically but to provide procedures for any contested
candidate election.
At 3:22 p.m., it was moved by McCormick and seconded by Maisano
to open the public hearing to consider the adoption of a
resolution establishing procedures for election contests
pursuant to Ordinance No. 1197.
Resident Reno Bellamy said he understood that Ordinance No. 1197
was adopted on June 27, 2012. He inquired whether Mayor Pro-Tem
Davis was physically present for said meeting.
Mayor pro-Tem Davis confirmed his presence at the June 27, 2012,
City Council meeting.
In response to Bellamy's inquiry on whether the City had flown
Davis in order to attend the meeting, Special Counsel Dana Reed
clarified that this was a public hearing not a debate.
Bellamy advised that after the contested election procedures,
the Council still makes the final determination. He opined that
the process is not democratic.
Bellamy stated that he was dully elected to the City Council at
the June 5, 2012, election, as certified by the County of Los
Angeles. He reported that the election contests are similar if
not the same as those previously denied by the County. The
County had provided two extensions, to allow for additional
proof, ultimately the contests remained denied and the election
was certified on June 2, 2012.
Bellamy opined that it is now the Council's obvious intention to
unlawfully void the majority vote of Vernon's citizens, by way
of an ex post facto resolution. Bellamy stated that the
resolution makes a mockery of the concept of due process, and
fair and open elections. As a dully elected City official and
Vernon resident, Bellamy stated that he does not recognize the
legitimacy of the resolution.
However, if the resolution moves forward, Bellamy hereby placed
the Council on notice that he challenges the legal residency of
various individuals, for voting purposes. Bellamy expects the
Hearing Officer to conduct the same due process with the
challenges he is presenting today as those presented by Luz
Martinez or any other individuals. He challenges these
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Special City Council Meeting Minutes
July 10, 2012
individuals in good faith and reasonable belief that they might
not meet the required residency qualifications.
Bellamy expressed his disapproval that residents were asked
which party they were voting for. He opined that because voters
didn't vote for the right party, they are being attacked in
their homes. Bellamy stated that Vernon needs to stick to the
reforms and move forward.
At 3:29 p.m., it was moved by McCormick and seconded by Ybarra
to close the public hearing.
It was moved by McCormick and seconded by Ybarra to approve the
Resolution No. 2012-116. With Maisano abstaining from the vote,
the motion carried, 3-0-1.
NEW BUSINESS
1. Resolution No. 2012-117 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Chambers Group,
Inc. and Approving and Authorizing the Execution of a
Services Agreement By and Between the City of Vernon and
Chambers Group, Inc. for the Review of the I-710 EIR/EIS on
Behalf of the City of Vernon
Director of Community Services and Water, Kevin Wilson reported
on the request for proposals ("RFP") for a consultant to review
and provide comments to the EIR/EIS. Wilson reported that the
Metropolitan Transportation Authority ("MTA") has agreed to pay
for the review process in full. Chambers Group, Inc. was the
only firm to respond to the REP, but advised that they are well
qualified.
The memorandum of understanding between the City and MTA,
memorializing the full payment for the services, will be
presented to City Council at a subsequent meeting.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-117. Motion carried, 4-0.
CLOSED SESSION
At 3:31 p.m., it was moved by McCormick and seconded by Maisano,
that the City Council go into closed session to discuss the
items listed under closed session. Motion carried, 4-0.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(b)(1)
Number of potential cases: 1
2. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION
Government Code Section 54956.9(c)
Number of potential cases: 1
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July 10, 2012
At 4:30 p.m. it was moved by McCormick and seconded by Maisano,
that the City Council exit closed session. Motion carried, 4-0.
Special Legal Counsel Dana Reed reported that the Council heard
from legal counsel regarding the status of two anticipated or
pending litigation matters and considered two (2) separate
requests from an employee asking that he be indemnified and held
harmless for costs associated with legal proceedings including
the payment of reasonable attorney fees.
The Council, with a 4-0 vote, agreed to approve one request,
- subject to an undertaking reserving rights, and by a 4-0 vote
agreed to hold the second request in abeyance pending further
research and investigation.
There were no further items on the agenda.
At 4:30 p.m., it was moved by McCormick and seconded by Maisano,
that the meeting be adjourned. Motion carried.
ATTEST:
1
Dana Re
Acting City Clerk
William J. Davis
Mayor Pro-Tem
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