Loading...
20100607 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, JUNE 7, 2010, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, McCormick, Davis, Maisano, Newmire MEMBERS ABSENT: None The meeting was called to order at 9:04 a.m. by Mayor Gonzales. The City Clerk announced that there were no changes to the agenda. The City Clerk announced that this was the time allotted for public comments. The Mayor asked if there was anyone in the audience who wished to address the City Council. No one responded. MINUTES 1. Minutes of the Regular City Council Meeting held April 19, 2010. It was moved by McCormick and seconded by Maisano, that the Minutes of the Regular City Council Meeting held April 19, 2010, be approved and adopted as submitted. Motion carried, 5-0. PRESENTATIONS 1. Service Pin Awards The Mayor presented a service pin to the following employee and congratulated him on behalf of the entire City Council. Employee Name Job Title Years 1. Jose Zermeno Utilityman IV 5 The following employees were unable to attend the meeting to receive their service pins. Employee Name Job Title Years 1. Steven Wiles Police Officer 20 2. Marisela Martinez Account Clerk 10 2. Drug Abuse Resistance and Education (D.A.R.E.) Program Essay Contest Awards to Vernon City School Students Police Chief Steve Towles introduced Officers Maria Madrigal and Daniel Santos as the emcees for the D.A.R.E. Awards presentation. Officer Madrigal, in her sixth year as a D.A.R.E. Officer, gave a brief overview of the D.A.R.E. program and stated that the Vernon Police Department has taught the program at the Vernon City School for the past ten years. She thanked the principal, teachers, and parents for their support of the program. Regular City Council Meeting Minutes June 7, 2010 Officers Madrigal and Santos presented awards to the following students. Runner-up prizes included a $100 Toys R Us gift card and a $100 Target gift card. The grand prize included a $100 Toys R Us gift card, a $100 Target gift card, four Disneyland tickets, and a Wii game system. Student Name Teacher Prize Level 1. Yaritza Servellon Cruz Ms. Heng Runner -Up 2. Justin Guzman Ms. Heng Runner -Up 3. Dayani Guitierrez Mrs. Santa Cruz Runner -Up 4. Jorge Rodriguez Mrs. Santa Cruz Runner -Up 5. Joseph Farias IMs. Heng Grand Prize PUBLIC HEARINGS 1. Consider (a) an ordinance amending the City Code by adding Section 13.88 to establish an Aboveground Petroleum Storage Act fee, and (b) a resolution establishing the aboveground storage tank fee. At 9:07 a.m., it was moved by Davis and seconded by McCormick, to open the public hearing. Motion carried, 5-0. Director of Environmental Health Lew Pozzebon was not in attendance at the meeting, so Deputy Director of Environmental Health Leonard Grossberg reported on this matter. Deputy Director Grossberg stated that the Aboveground Petroleum Storage Act ("APSA" or the "Act") applies to the storage of petroleum products in excess of 1,320 gallons. The Health Department notified City businesses of the proposed fee, sent out surveys, and collected information on affected businesses. The proposed fee structure will be one of the lowest in the local area. Councilman Davis asked how many companies in Vernon have petroleum storage over 1,320 gallons. Deputy Director Grossberg estimated that twenty to thirty facilities do. The fees will be based on the total storage capacity of the facility and the fee structure will have five levels: (1) 1,320 to 10,000 gallons; (2) 10,000 to 100,000 gallons; (3) 100,000 to 1,000,000 gallons; (4) 1,000,000 to 10,000,000 gallons; and (5) above 10,000,000 gallons. Councilman Davis asked if any Vernon companies fall into the 10,000,000+ gallons range. Deputy Director Grossberg stated that there are a couple of facilities in excess of 10,000,000 gallons, citing ExxonMobil as one example. Councilman Davis asked if any letter or communication had been received with regard to the public hearing. Deputy Director Grossberg stated that the public hearing notice had been published twice in the Vernon Sun, and survey letters and public hearing notification letters had been sent to all businesses the department believed would be affected by the Act. Page 2 of 12 Regular City Council Meeting Minutes June 7, 2010 City Administrator Donal O'Callaghan asked what notification, if any, the City had received from the State with regard to the implementation of the Act. He thought that was more along the lines of what Councilman Davis was asking. Deputy Director Grossberg responded that he would have to check on that and report back. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. Hector Garcia of Clougherty Packing Company stated that the definition of petroleum storage provided on the APSA survey form includes fats and oils, which Clougherty Packing/Farmer John has an abundance of. Because fats and oils are already covered under other state and federal programs, the company would like that particular mandate to be removed from the program, if possible. The Mayor asked Deputy Director Grossberg if this question/concern had previously been brought to his attention. Deputy Director Grossberg stated that it had not, but that fats and oils are excluded. The Act strictly applies to petroleum hydrocarbon oil; animal fats and non -petroleum based oils are not included in the Act. The Health Department sent out a survey form asking companies to list their total storage of oils covered under the Act. The Department will go back to the companies to answer questions and make any necessary corrections to the totals reported. The Mayor asked if there were any further questions or comments on this matter. No one responded. At 9:16 a.m., it was moved by McCormick and seconded by Maisano, to close the public hearing. Motion carried, 5-0. a. ORDINANCE NO. 1171 - An Ordinance of the City of Vernon Amending the Vernon City Code by Adding Section 13.88 to Establish Fees and Charges Pursuant to the Aboveground Petroleum Storage Act. (First Reading) It was moved by Newmire and seconded by Davis, that Ordinance No. 1171 be approved for a first reading. Motion carried, 5-0. b. RESOLUTION NO. 2010-65 - A Resolution of the City Council of the City of Vernon Establishing the Aboveground Petroleum Storage Tank Facility Fee Pursuant to Section 13.88 of the Vernon City Code. It was moved by McCormick and seconded by Newmire, that Resolution No. 2010-65 be approved and adopted. Motion carried, 5-0. Page 3 of 12 Regular City Council Meeting Minutes June 7, 2010 CONSENT CALENDAR City Administration 1. Authorization for three City Council Members to attend the Independent Cities Association (ICA) 50th Annual Seminar from July 8 through July 11, 2010. Fire Department 1. Activity Report for the period of May 1 through May 15, 2010, to be received and filed. Personnel Department 1. Resignations a. Mohamad Elmasri, Assistant Engineer in the Light & Power Department, effective June 3, 2010. Police Department 1. Activity Log and Statistical Summary of Arrest and Activities for the period of May 16 through May 31, 2010, to be received and filed. Treasurer's Department 1. Approval of the following Warrant Registers covering the period of May 18 through May 27, 2010. a. City Warrant Register No. 1315, totaling $940,794.02, which consists of the following: • Ratification of wire transfers totaling $5,526.77; ■ Ratification of the issuance of early checks totaling $45,552.76; and ■ Authorization to issue pending checks totaling $889,714.49. b. Light & Power Warrant Register No. 280, totaling $4,864,416.17, which consists of the following: ■ Ratification of wire transfers totaling $3,993,041.95; ■ Ratification of the issuance of early checks totaling $5,246.16; and ■ Authorization to issue pending checks totaling $866,128.06. c. Gas Warrant Register No. 68, totaling $2,535,021.18, which consists of the following: ■ Ratification of wire transfers totaling $2,517,721.53; ■ Ratification of the issuance of early checks totaling $14,434.65; and ■ Authorization to issue pending checks totaling $2,865.00. It was moved by McCormick and seconded by Maisano, that the matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. Page 4 of 12 Regular City Council Meeting Minutes June 7, 2010 ORDINANCES 1. ORDINANCE NO. 1169 - An Ordinance of the City Council of the City of Vernon Abolishing the Police and Fire Commission. (First Reading) It was moved by Maisano and seconded by Newmire, that Ordinance No. 1169 be approved for a first reading. Motion carried, 5-0. 2. ORDINANCE NO. 1170 - An Ordinance of the City Council of the City of Vernon Repealing Section 7.3 of the Vernon City Code Authorizing the Delegation of Enforcement Responsibilities for Certain Provisions of the Fire Code and Other Fire Safety Regulations. (First Reading) It was moved by McCormick and seconded by Newmire, that Ordinance No. 1170 be approved for a first reading. Motion carried, 5-0. RESOLUTIONS 1. RESOLUTION NO. 2010-66 - A Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a Special Municipal Election to be Held on Tuesday, August 31, 2010. It was moved by Davis and seconded by McCormick, that Resolution No. 2010-66 be approved and adopted. Motion carried, 5-0. 2. RESOLUTION NO. 2010-67 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services By and Between the City of Vernon and Linda Hudson, D/B/A Hudson Consulting Services, for Consulting Services Related to a Special Municipal Election. It was moved by McCormick and seconded by Newmire, that Resolution No. 2010-67 be approved and adopted. Motion carried, 5-0. 3. RESOLUTION NO. 2010-68 - A Resolution of the City Council of the: City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services By and Between the City of Vernon and Martin & Chapman Co., for Consulting Services Related to a Special Municipal Election. It was moved by McCormick and seconded by Davis, that Resolution No. 2010-69 be approved and adopted. Motion carried, 5-0. 4. RESOLUTION NO. 2010-69 - 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 Crosspoint Network Solutions, Inc. for Telephone System Maintenance and Repair Services. Page 5 of 12 Regular City Council Meeting Minutes June 7, 2010 It was moved by Davis and seconded by Maisano, that Resolution No. 2010-69 be approved and adopted. Motion carried, 5-0. 5. RESOLUTION NO. 2010-70 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Annual Report on the General Plan for Fiscal Year 2009-2010. It was moved by McCormick and seconded by Newmire, that Resolution No. 2010-70 be approved and adopted. Motion carried, 5-0. 6. RESOLUTION NO. 2010-71 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Master Power Purchase and Sale Agreement By and Between the City of Vernon and the City of Victorville. It was moved by Newmire and seconded by Davis, that Resolution No. 2010-71 be approved and adopted. Motion carried, 5-0. 7. RESOLUTION NO. 2010-72 - 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 Recycle SD, Inc. for Collection of Electronic Waste. It was moved by McCormick and seconded by Davis, that Resolution No. 2010-72 be approved and adopted. Motion carried, 5-0. DISCUSSIONS 1. Health Department: Participation of the Director of Environmental Health and Environmental Program Manager on the Advisory Board for the UCLA Extension Recycling and Municipal Solid Waste Management Certificate Program. Deputy Director of Environmental Health Leonard Grossberg stated that the Director of Environmental Health, Lew Pozzebon, had been nominated and elected to serve on the new UCLA Advisory Board, through which he will conduct guest lectures on solid waste recycling. The on -going sustainability and recycling programs the Vernon Health Department has been running has put the department at the forefront of this industry, and Director Pozzebon was more than honored to accept the nomination. Deputy Director Grossberg offered to answer any questions on this matter. No questions were raised. 2. City Administration: Police and Fire Dispatch. Councilman Newmire requested that a discussion item be placed on the agenda regarding the matter of Police and Fire dispatch, in particular, hardware and radio frequencies. City Administrator Donal O'Callaghan stated that over the past few weeks, he, along with Fire Chief Mark Whitworth and Police Chief Steve Towles, had been looking at some options regarding dispatch operations and how that will be handled in the future. He acknowledged Councilman Newmire's involvement in the matter and stated that one of the primary areas of concern is future hardware requirements. O'Callaghan had received high-level Page 6 of 12 Regular City Council Meeting Minutes June 7, 2010 preliminary reports from both Whitworth and Towles, but advised that further research was needed to create a clearer picture of what changes will be required in the immediate future and over the next five to ten years. He deferred to Councilman Newmire for his comments. Councilman Newmire stated that he was interested in getting the City Council better informed and better educated to enable the body to make appropriate decisions that are cost effective and efficient, and best suited to both the Police and Fire Departments in the future. O'Callaghan stated that the preliminary report from Chief Towles was included in this meeting's agenda packet, while the report from Chief Whitworth was only recently received and would be distributed to the City Councilmembers after the meeting. The Mayor stated that the Police Chief's report indicates a number of changes that would need to be made to outsource dispatch operations or connect on a regional level. There are a lot of potential problems with outsourcing, including system compatibility and lack of full jurisdiction over the system. The City has a lot of money invested in its current dispatch system, which has grown over the years and includes state-of-the-art equipment, and it would not be prudent to outsource or make changes that would cost the City a lot of money in new equipment. He agreed that a great deal of further research was required. O'Callaghan concurred with the Mayor's statements regarding the City's current dispatch system and stated that Whitworth and Towles would also concur. He asked for City Council direction with regard to having an independent, third -party consultant conduct an in-depth, global review of the matter, including legislative requirements, costs, grants, logistics, etc., to project the most appropriate direction the City should look toward over the next ten to fifteen years. The Mayor asked Chief Whitworth to provide his input on the matter. Chief Whitworth stated that one major concern with outsourcing dispatch services is the potential negative effect on the Fire Department's Class 1 ISO rating. Of the two most likely candidates for outsourcing, Verdugo's ISO rating for dispatch (8.9 of 10) is comparable to Vernon's (8.3), while Downey's is not. If dispatch services were to remain in-house, the City would need to enhance its current system to meet upcoming state laws requiring Emergency Medical Dispatching (EMD), which dictates specific pre - arrival instructions dispatchers are required to give 911 callers for each particular type of call. An in-house dispatch center would provide the City greater control and the ability to offer a higher level of service, but at a higher cost than a regional center. Currently, only five of the eighty-eight cities in L.A. County operate their own dispatch centers, Vernon being one of those five. Whitworth stated that a move toward a regional dispatch center seems self-evident. He talked about the City's participation in LA-RICS, a large-scale regional concept establishing a platform for fire and police dispatch Page 7 of 12 Regular City Council Meeting Minutes June 7, 2010 services, the grant funding provided under the program, and the lengthy timeline associated with the implementation of a program of that magnitude. Chief Whitworth asked Assistant Fire Chief Mike Wilson to address any additional issues. Assistant Chief Wilson stated that grant funds are more available to cities under regional operations. While the City's dispatch operations currently run on a VHF system, the Fire Department is interoperable, having progressively upgraded much of its communications equipment to a UHF system, which is what will be used under the LA -RIGS platform. He talked about start-up and maintenance costs associated with regionalizing and moving into compliance with upcoming state laws, and trying to best meet those demands within the City's current budget. Chief Whitworth stated that there is an opportunity to turn dispatch operations into a source of revenue, but significant changes would have to be made. O'Callaghan stated that he would like to further investigate the possibility of establishing Vernon as a regional dispatch center. Mayor Pro Tem McCormick stated that LA -RIGS was estimating the cost of the program at $6 billion, thereby costing each associated city a substantial amount. The Mayor asked Chief Towles to provide his input on the matter. Chief Towles stated that there are some concerns with the future of LA -RIGS, and that many agencies are sort of in a wait and see mode with regard to whether the program will be fully -funded, and what the actual costs will be. Contrary to the $6 billion in estimated costs McCormick heard about, Towles heard estimations of $600,000 million on the front end, and $1 billion on the back end, which speaks to the uncertainty many agencies have with regard to the program. One thing that has been made clear is that LA-RICS will be on a UHF platform. The Police and Fire Departments have obtained, through grants, a majority of the UHF equipment that will be needed, but additional funds will be required for some of the backbone hardware. Chief Whitworth added that, although not yet mandatory, all of the regional dispatch centers are currently complying with EMD, and touched on the potential liability for the five city dispatch operations if they do not conform with EMD in the near future. Chief Towles concurred with Chief Whitworth on the need to implement EMD in the near future and talked about the front end costs and staffing levels required to do so. He emphasized the challenge EMD poses with regard to staffing levels because it requires EMD staff to be dedicated solely to that function. He stated that it was staffing levels rather than operations that negatively impacted the City's ISO rating. Page 8 of 12 Regular City Council Meeting Minutes June 7, 2010 With regard to equipment, Chief Towles stated that the Police Dispatch is as robust as it needs to be, having three levels of communication in case the first and second fail, and its own interoperable system in which its VHF frequency can be linked with other VHF or UHF frequencies in some areas, but only within a very small coverage area. Chief Towles offered to answer any questions the Council might have based on the information that was provided in his report. The Mayor called for questions. No questions were raised. O'Callaghan asked Assistant City Attorney Gena Stinnett to check on the current and future legal requirements for the City with respect to EMD. Stinnett stated that she would do that. O'Callaghan stated that based on what Stinnett's research may bring to light, the City may want to begin EMD training programs and make sure it's positioned for EMD, less so for the ISO rating points, since those are already there, but more so because EMD is a good service. Chief Towles concurred with O'Callaghan and advised that the Police Department had done some research on EMD with respect to the City. He asked Police Captain Daniel Calleros to report on the department's findings. Captain Calleros reported that, in researching EMD with the Fire Department, he learned that there are two options: (1) a CAD -integrated software program; and (2) a card system that is not CAD -integrated. Downey uses the CAD - integrated software program, in which dispatchers are prompted by the software with the specific questions and instructions for each type of call, and timed and recorded by the software. The cost for the software and CAD - integration was approximately $40,000, not including training. The Supervisor from Downey advised that a substantial amount of her time is spent performing the required evaluations of the EMD calls and providing the minimum EMD training requirement of 24 hours per year. Verdugo uses the card system, which consists of hand-held cards that provide the specific series of questions and instructions for each type call. Dispatchers read off the card and enter the call information into their CAD system after the call is complete. Mayor Pro Tem McCormick asked if both Police and Fire need to implement EMD. Captain Calleros indicated that that would be part of the process. Chief Towles added that it's not yet clear exactly what will qualify as EMD service for both Police and Fire once EMD becomes mandatory. There is a thought that transferring EMD to Verdugo, since they currently dispatch for Fire, may meet the EMD requirements for both Police and Fire. The Mayor announced that this was an appropriate time to close the current discussion on this matter, as there were Page 9 of 12 Regular City Council Meeting Minutes June 7, 2010 still additional written reports for the City Council to review on the matter. O'Callaghan advised that staff may also be able to consolidate the Police and Fire reports into one comprehensive report that may give a better sense of the direction the City should look toward, and whether that would involve a third -party review of the matter. The Mayor stated that the City Council would reserve giving any direction on the matter until the Councilmembers had received and reviewed all written reports. He stated that it would be a long process, but was glad that the discussion had commenced, and that the Council was receiving detailed information on the matter. Mayor Pro Tem McCormick asked that Captain Calleros and Assistant Chief Wilson continue to work together in researching this matter. ORAL REPORTS 1. Conference/Seminar reports from Elected Officials for the period of May 24 through June 6, 2010. The Mayor reported that none of the City Council members attended conferences or seminars during the period of May 24 through June 6, 2010. 2. City Administrator Reports. City Administrator O'Callaghan reported that the draft budget books had been completed and distributed. He advised that small tweaks may be required, but that the challenging target seems to have been reached through great strides made by the departments. O'Callaghan reported that the Malburg Generating Station performance testing should be completed today, with the results in this evening, and that it would then be made 100o available again. O'Callaghan reported on a proposed agreement with Victorville related to short-term energy exchanges. He advised that there was some potential risk associated with the deal, but the City had upfront money available to cover those risks. O'Callaghan reported on a 7kV outage that occurred June 4tn The cause was still under investigation and would be reported once determined. He speculated that it could have been caused by tree trimmers or debris in the lines. O'Callaghan asked Assistant City Attorney Gena Stinnett or Deputy City Clerk Kristen Enomoto to clarify when the first City Council meeting under the new schedule as provided for under Ordinance No. 1168 will occur. He stated that there had been some confusion based on the City Attorney's initial interpretation of the language, "next regularly scheduled Monday," provided in the ordinance relating to when a regular meeting should be held if that meeting falls on a recognized holiday. Page 10 of 12 Regular City Council Meeting Minutes June 7, 2010 Deputy City Clerk Enomoto responded that the City Administrator and City Attorney had clarified the language in question to mean the next regularly scheduled Monday meeting. Further, Ordinance No. 1168 takes effect June 23, 2010. As a result, the last meeting under the current weekly schedule would take place on June 21, 2010, and the. first meeting under the new bi-monthly schedule would take place on July 19, 2010. City Clerk Willard Yamaguchi announced that the Vernon Chamber of Commerce would be having a 60th Anniversary Installation Luncheon on June 23, 2010 at Steven's Steak House. 3. City Council Reports. Councilman Maisano made a motion to have the Fire Department report directly to the City Council. He stated that this was to ensure that the City Council would receive all information available on matters to be considered by Council prior to the presentation/introduction of those items for discussion or action at Council meetings. Assistant City Attorney Stinnett advised the Mayor that the City Council could not take action on such a motion, since the item had not been agendized for this meeting. The Mayor asked Councilman Maisano if he would like to request that the matter be placed on the next City Council agenda. Councilman Maisano asked for clarification that the next agenda would be a discussion agenda, and stated that he would like to have the matter placed on that agenda for discussion. City Administrator O'Callaghan asked for clarification that the matter could be brought forward as either a discussion item or a resolution. Assistant City Attorney Stinnett asked Councilman Maisano to clarify whether he was proposing the change for both the Fire and Police Departments, or just the Fire Department. Councilman Maisano clarified that his proposal was just for the Fire Department at the present time, due to recent issues with regard to the untimely transmission of reports and information. Assistant City Attorney Stinnett advised that the Vernon City Code provides that the Fire Chief administer the Fire Department and report to the City Administrator. She stated that she would confer with City Attorney Larry Wiener as to whether an ordinance change would be required, or whether a resolution could accomplish the proposed change. If the item is scheduled for discussion at the next meeting, the City Council can give direction on it then, at which point the City Attorney's Office would be prepared to advise as to the appropriate form required for the proposed change. Councilman Newmire asked if an ordinance or resolution change would be required if the current structure remained, Page 11 of 12 Regular City Council Meeting Minutes June 7, 2010 whereby the Fire Chief reports to the City Administrator, but the Council wanted to add that the Fire Chief also report to the City Council. Assistant City Attorney Stinnett asked the Council to indulge her in reserving comment until the agendized discussion takes place and she has conferred with the City Attorney. The City Council agreed to wait for the agendized discussion on this matter. Councilman Davis announced that he recently attended the graduation of one of his daughters at Madison Square Garden, where he proudly watched her receive her Doctorate Degree in Veterinary Medicine. None of the other City Council Members had anything to report at this time. At 10:15 a.m., the Mayor called a short recess. At 10:23 a.m., all five members of the City Council in attendance prior to the recess reconvened in open session. It was moved by Davis and seconded by McCormick, that the City Council go into closed session to discuss the items listed on the closed session agenda. Motion carried, 5-0. At 10:32 a.m., the City Council resumed open session. CLOSED SESSION REPORT OUT The Assistant City Attorney reported that the City Council unanimously voted to: 1.Deny the claim relating to a car hitting a pothole. 2. Approve and accept a settlement payment from May Trucking Company. The City Clerk announced that there were no further items on the agenda. At 10:32 a.m., it was moved by McCormick and seconded by Newmire, that the meeting be adjourned. Motion carried. Hilario Gonzales Mayor ATTEST: Wil and b. Y&ghi City Clerk Page 12 of 12