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20121023 Regular City Council Meeting - MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 23, 2012, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Ybarra MEMBERS ABSENT: Maisano The meeting was called to order at 8:00 a.m. by Mayor Pro -Tern Davis. Councilmember McCormick led the flag salute. Interim City Clerk, Dana Reed announced that there were no changes to the agenda. PUBLIC COMMENT Interim City Clerk, Dana Reed 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, reminded the City Council that the Hearing Officer's findings are recommendations, and opined that the proceeding was "bogus." The City Council makes the final decision. Bellamy argued that the County Registrar Recorder had already declared him as the victor, and urged the Council to be cautious. He cautioned Council that they could be liable for their decision, and that the City would not protect them. NEW BUSINESS 1. Resolution No. 2012-199 - 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 Clean Harbors Environmental Services for Lab Packing, Transportation, and Disposal Services Director of Light & Power, Carlos Fandino reported that the Department has an agreement with Clean Harbors Environmental Services ("Clean Harbors") through Petrelli Electric for the disposal of hazardous material. In an effort to clean up the contract and ensure that hazardous material is being handled properly, Fandino recommends entering into an agreement directly with Clean Harbors. It was moved by Ybarra and seconded by McCormick to approve Resolution No. 2012-199. Motion carried, 3-0. ELECTION MATTERS - JUNE 5, 2012 1. Final determination of the contest of the June 5, 2012 Special Municipal Election pursuant to the Findings and Recommendation of Hearing Officer Debra Wong Yang. Marguerite Leoni of Nielsen, Merksamer, Parrinelo, Gross, and Leoni reemphasized the Council's jurisdiction and authority over the matter. Leoni reported on the election contest process, and on Hearing Officer Debra Wong Yang's conclusion which found that Candidate Luz Martinez was elected on June 5, 2012, in the Special Municipal Election. Leoni explained that under Resolution 2012-116, the Hearing Officer's recommendation Special City Council Meeting Minutes October 23, 2012 becomes that of the City Council unless rejected. Leoni explained the process should the City Council choose to reject the Hearing Officer's recommendation, which requires Council to provided reasoning which would be made part of the record. Sean Welch also of Nielsen, Merksamer, Parrinelo, Gross, and Leoni provided a brief overview of the Hearing Officer's findings and recommendations issued on October 15, 2012. Welch quoted from Yang's report the findings and conclusions of each of the 9 challenged voters. Based on the findings, the vote count is altered to 27 votes in favor of Reno Bellamy and 30 votes in favor of Luz Martinez; therefore, the Hearing Officer finds Luz Martinez elected in the Special Municipal Election. Wong further recommended that the certification of the results be annulled and that Martinez be proclaimed the winner. Interim City Clerk, Dana Reed, announced that parties to the election contest will each be allowed 10 minutes to make oral arguments and rebuttals. Fred Woocher, legal counsel for the contestants, John Kriste and Curtis Kirkland, stated that substantial evidence was presented and is in agreement with Wong's conclusions. He commended staff and all involved in constructing a fair and transparent hearing process. Woocher opined that this was a great first step in cleaning up the voter rolls in Vernon, and urged Council to accept the Hearing Officer's findings. Reno Bellamy, defendant, stated that the City of Vernon had urged the challenged voters to vote, and that they had voted in previous elections. He stated that when these voters did not vote in the manner that was favorable to the City, they were challenged. He views the process unfavorably. He further opined that the process is not democratic. Bellamy warned Council that they will be liable for their decisions. He clarified that everything that has been presented is a recommendation, and stated that Council does not have the. right to overrule the County. Both Woocher and Reno waived the remainder of their time. Councilmember McCormick inquired whether the allegations of liability stated by Bellamy had any validity. In response, Leoni advised that there are two pending lawsuits; one in regards to Councilmember Ybarra's election and the other challenging the ability to go forward with the election contest. There are no other lawsuits filed to date. Mayor Pro-Tem Davis inquired whether there was anyone in the audience who wish to comment on the matter. Marisa Olguin of the Vernon Chamber of Commerce announced the Chamber's agreement with the overall findings, clarifying that there were a few issues that they did not agree with, but opined that the matters will work themselves out. She opined that the outcome is a victory for the residents, in that the process ensures clean elections. She thanked all those involved, and urged Council to agree with the Hearing Officer's findings. Page 2 of 4 Special City Council Meeting Minutes October 23, 2012 In response to Councilmember Ybarra, Reed clarified that a motion would be required either accepting or rejecting the Hearing Officer's recommendation. It was moved by Ybarra and seconded by McCormick accepting the findings of Hearing Officer Debra Wong Yang. Motion carried, 3-0. 2. Resolution No. 2012-200 - A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the Special Municipal Election held on June 5, 2012, Declaring the Result and Such Other Matters as Provided by Law (Alternative 1 - Martinez; Alternative 2 - Bellamy) Interim City Clerk, Dana Reed clarified that Council will be voting on the adoption of Alternative 1, which is the election of Luz Martinez. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-200, Alternative 1. Motion carried, 3-0. 3. Certificate of Election to be delivered by the [Interim] City Clerk to the person declared to be elected. 4. Oath (Affirmation) of Office to be administered by the Acting City Clerk to the person declared to be elected. Interim City Clerk Dana Reed administered the Oath of Office and presented the Certificate of Election to Luz Martinez. Newly appointed Councilmember Luz Martinez gave a brief speech, and was welcomed to the City Council by all. 5. Election of Mayor and Mayor Pro Tem. McCormick nominated Davis for Mayor. There were no other nominations. Davis was unanimously elected Mayor. Davis nominated McCormick for Mayor Pro-Tem. There were no other nominations. McCormick was unanimously elected Mayor Pro- Tem. Mayor Davis stated that it is an honor to serve and represent the City, and is honored that fellow Council members elected him as Mayor. McCormick too thanked the Council and hopes to continue the City's efforts towards reforms. Councilmember Ybarra advised that although the election contest and hearing process was a victory for the residents, it was a costly process that could have been avoided. Ybarra called on City Administration to take action by either consulting with legal counsel or working through the Vernon Housing Commission to clean up the registered voter list. He requested that the removal of Vernon Housing Commissioner Gabriel Early be agendized for the next meeting. Ybarra advised that there is still a residence with nine registered voters that should be addressed. City Administrator Mark Whitworth advised that the Councilmember's concerns will be addressed as required. Page 3 of 4 Special City Council Meeting Minutes October 23, 2012 ELECTION MATTERS - SEPTEMBER 18, 2012 1. Resolution No. 2012-201 - A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the Special Municipal Election held on September 18, 2012, Declaring the Result and Such Other Matters as Provided by Law Interim City Clerk Dana Reed reported that there were 16 votes in favor of Proposition A and 26 votes against in the final count. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-201. Motion carried, 4-0. CLOSED SESSION At 8:48 a.m. it was moved by McCormick and seconded by Ybarra 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 - PENDING LITIGATION (2) Government Code Section 54956.9(a) Case Name: Newmire vs. Yamaguchi, et al. Case Number: LASC Case No. BS 137310 Case Name: Bellamy vs. Davis, et al. Case Number: LASC.Case No. BS 138899 At 8:58 a.m. it was moved by McCormick and seconded by Ybarra, that the City Council exit closed session. Motion carried, 4-0. Interim City Clerk, Dana Reed reported that Council heard two matters as listed under the closed session and that no action was taken. At 8:58 a.m., it was moved by McCormick and seconded by Ybarra, that the meeting be adjourned. Motion carried. William J. Davis Mayor ATTES DanA Reed Interim City Clerk Page 4 of 4