20120717 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD TUESDAY, JULY 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: None
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 there were no changes to the
agenda.
PUBLIC COMMENT
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.
Special Counsel Dana Reed advised that public comments should be
relevant to the deliberations and is not a forum for a debate.
Resident Reno Bellamy advised that there is a notion that not
all three Council members were present during the voting and
approval of Ordinance No. 1197. He sought clarification on the
attendance of the Council members.
City Clerk Willard Yamaguchi confirmed that all three Council
members were physically present and that none voted via
conference call.
Bellamy stated that Ordinance No. 1197 is invalid as it pertains
to the June 5, 2012, election in that the County Registrar
Recorders Office has certified the election. The votes casted
were 34-40, and declared him as the victor.
Bellamy requests to be sworn -in and seated
Steve L'Ecluse of Bandini Truck Terminal, Inc. questioned
whether City Council had the composite of the items being
approved on the warrant register in order to oversee what is
being spent.
L'Ecluse also questioned resolution item no. 23 in regards to
compensation costs and benefits of employees. He questioned
what the benefits will be, and opined that the matter should not
be contemplated now.
Mayor Pro Tem Davis presented service pins to Director of
Community Services & Water Kevin Wilson, 30 years, and
Utilityman II Marco Reynoso, 20 years. Lieutenant Michael
Gillman, 25 years; Police Officer Edward Hernandez, 10 years;
and Records Manager Danita Robertson, 10 years, were not in
attendance but were recognized for their service.
Regular City Council Meeting Minutes
July 17, 2012
Lieutenant Andrew Rosso gave a presentation on the Municipal Law
Enforcement Services Proposal through the Los Angeles County
Sheriff's Department. Rosso reported on the process and advised
that the estimated cost for service is $6.8 million per year in
comparison to the $11 million budgeted for the Vernon Police
Department.
Rosso advised that the proposal reflects a cost savings to the
City due to economy of scale.
Rosso presented the benefits to contracting the services to the
Los Angeles County Sheriff's Department which included an
increase of 171 in -field patrol, availability of specialized
forces, and cost savings. The proposal includes 35 sworn
officers and 9 professionals.
In response to Councilman Ybarra's inquiry on the liability risk
for insurance purposes, Rosso advised that part of the fee is a
4% liability surcharge. The Sheriff's Department is part of a
joint power insurance authority. Claims are reviewed by a
rotating board, and the fees are used to pay claims.
Risk Manager Willard Yamaguchi inquired about worker's
compensation costs and liability. In response, Rosso explained
that this too was included in the costs. Rosso further added,
that if a deputy is injured the City will not have to deal with
the loss of personnel, as an obligation the Sheriff's Department
will fill the position.
In response to Mayor Pro-Tem Davis' inquiry on response time,
Rosso advised that 911 calls are centralized and that the
average response time is 4-5 minutes, and are dependent on
traffic conditions. Additional details will be determined in
the Phase 2 of the proposal.
In response to Councilman McCormick's inquiry on helicopter use
and fees, Rosso reported that non emergency uses are paid by
property owners and that the City can customize their need in
the Phase 2 portion.
In response to Councilman Maisano, Rosso clarified that the
estimated cost reflects a full year of service. Rosso explained
that the costs are determined by the County Auditor Controller.
In response to Councilman Ybarra, Rosso advised that for public
meeting purposes, the Council can consider the Sheriff's
Department as their own police force.
Independent Reform Monitor John Van De Kamp inquired why there
was a significantly lower cost. As he understands it, the Phase
2 will go into greater detail but at a cost, and inquired how
long it would take.
Rosso explained that factors such as the retirement plans help
keep costs down. Retirement age is set at 55. Also, personnel
such as dispatch, internal affairs, and other specialized groups
are a shared cost among other entities, which reduces the direct
cost to the cities. Rosso explained that it's economy of
scales, and the efficiency of specialized teams.
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July 17, 2012
Rosso reported that the Phase 2 would detail the associated
costs. Lateral moves for existing Police personnel to the
Sheriff's Department could take 3-6 months.
Rosso explained that Phase 2 will only commence when a letter is
sent to the County requesting the additional study. The cost is
$60,000, but would include a review and inspection of equipment,
personnel, and benefits. After Phase 2, proposal costs will be
detailed. Ross added that there will be a one-time start-up
fee.
In response to City Administrator Mark Whitworth, Rosso advised
that the City will still collect on bails, fines, and citations,
there is no change to the form of revenues the City gets. The
City will also be able to continue receiving grant funds. Rosso
clarified that the portion of asset forfeiture funds received
will be limited to those within the City.
Director of Light & Power Carlos Fandino inquired what will
happen with the existing personnel. Rosso explained that the
personnel must meet post requirements for lateral moves, but
that the Sheriff's Department frequently has vacancies.
City Administrator Whitworth recommended that the Council allow
for a few weeks to digest the information and allow the Police
department to comment on the proposal before making a
recommendation on Phase 2.
It was moved by McCormick and seconded by Maisano to approve the
Minutes of the Regular City Council Meeting held May 15, 2012.
Motion carried, 4-0.
It was moved by Maisano and seconded by Ybarra to approve the
Minutes of the Regular City Council Meeting held June 5, 2012.
Motion carried, 4-0.
CONSENT CALENDAR
It was moved by McCormick and seconded by Ybarra, that the
matters on the Consent Calendar be approved as recommended.
Motion carried, 4-0.
1. Warrant Registers
a. Ratification of the following City Warrant Registers
to record the following voided checks:
1. City Warrant Register No. 1351 to record voided
Check No. 336614 in the amount of $50.00; and
2. City Warrant Register No. 1353 to record voided
Check No. 336936 in the amount of $139.00; and
3. City Warrant Register No. 1354 to record voided
Check No. 337049 in the amount of $15.00; and
4. City Warrant Register No. 1358 to record voided
Check No. 337541 in the amount of $3,633.75.
b. Approval of Payroll Warrant Register No. 673, totaling
$2,596,690.69, which covers the period of May 20,
through June 16, 2012, and consists of the following:
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July 17, 2012
1. Ratification of direct deposits, checks and
taxes totaling $1,890,563.85; and
2. Checks and electronic fund transfers (EFTs)
through the General bank account totaling
$706,126.84.
c. Approval of city Warrant Register No. 1360, totaling
$1,338,256.52, which covers the period of June 12,
through July 19, 2012, and consists of the following:
1.Ratification of wire transfers totaling
$914,583.41; and
2. Ratification of the issuance of early checks
totaling $293,534.53; and
3.Authorization to issue pending checks totaling
$130,138.58.
d. Approval of Light & Power Warrant Register No. 325,
totaling $4,846,514.72, which covers the period of
June 12, through July 9, 2012, and consists of the
following:
1.Ratification of wire transfers totaling
$4.,499,489.89; and
2.Ratification of the issuance of early checks
totaling $227,690.68; and
3.Authorization to issue pending checks totaling
$119,334.15.
e.Approval of Gas Warrant Register No. 113, totaling
$1,119,017.24, which covers the period of June 12,
through July 9, 2012, and consists of the following:
1. Ratification of wire transfers totaling
$1,105,385.08; and
2. Ratification of the issuance of early checks
totaling $3,530.52; and
3.Authorization to issue pending checks totaling
$10,101,64,
2. Community Services
a. Building Department Report for the month of June 2012,
to be received and filed.
3. Fire Department
a.Activity Report for the period of May 16, through May
31, 2012, to be received and filed.
b. Activity Report for the period of June 1, through June
15, 2012, to be received and filed.
4. Health Department
a.June 2012 Monthly Report, to be received and filed.
S. Light & Power Department
a. March 2012 Resource Procurement Report, to be received
and filed.
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July 17, 2012
6. Police Department
a.Activity Log and Statistical Summary of Arrest and
Activities for the period of June 1, through June 15,
2012, to be received and filed.
b. Activity Log and Statistical Summary of Arrest and
Activities for the period of June 16, through June 30,
2012, to be received and filed.
1. Resolution No. 2012-118 - 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 Roberts Consulting Group, Inc. to Recruit a
Police Chief for the City of Vernon
2. Resolution No. 2012-119 - 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 the Hawkins Company to Recruit a Finance
Director for the City of Vernon
Resolutions Nos. 2012-118 and 2012-119 were addressed at the
same time.
City Administrator Mark Whitworth advised that the first request
will allow the proceeding for the recruitment of a Police
Department Chief; a position which has been vacant for the last
two years. Both James Rodino and Daniel Calleros have served as
Interim Police Chief. Whitworth thanked them both, and suspects
that both will apply for the position. Whitworth recommends the
use of Roberts Consulting Group, Inc. as they have done an
excellent job with the City Attorney position.
Secondly, Whitworth reported that Finance Director Rory Burnett
has announced his leave at the expiration of his employment
contract in February 2013. In order to facilitate a smooth
transition, Whitworth recommends the use of the Hawkins Company
to commence the recruitment process for the Finance Director
position.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-118 and Resolution No. 2012-119. Motion
carried, 4-0.
3. Resolution No. 2012-120 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of a Cooperative Agreement By and Between the
City of Vernon and the City of Huntington Park for the
Salt Lake Park Renovations Project
Josette Espinosa Director of Parks & Recreation in Huntington
Park advised that the recommendation is part of the Good
Neighbor Program which is intended to benefit the surrounding
cities.
Espinoza presented and reported on Huntington Park's process to
determine the community's needs. The Community had indicated
their desire to have a multipurpose field and a splash pad at
Salt Lake Park.
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July 17, 2012
Espinoza reported that proposals included $2.8 million for the
renovation of the field, and $700,000 for a splash pad.
Huntington Park had bid the project a year ago, and received
proposals including that of Larry Moss & Associates. Espinoza
reported that Larry Moss & Associates has designed other local
parks and that in their experience the proposals have been true
to actual costs.
City Administrator Mark Whitworth reported that the
recommendation would provide $124,000 for engineering services
in order to allow Huntington Park to commence the project.
It was moved by Ybarra and seconded by Maisano to approve
Resolution No. 2012-120. Motion carried, 4-0.
4. Resolution No. 2012-121 - A Resolution of the City Council
of the City of Vernon Correcting Typographical Error in
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", Adopted on
July 10, 2012
5. Resolution No. 2012-122 - A Resolution of the City Council
of the City of Vernon Authorizing Mayor or Mayor Pro Tem
to Issue Subpoenas at Request of Parties to Election
Contests Filed With the City Council Pursuant to Vernon
City Charter Section 3.4
6. Resolution No. 2012-123 - A Resolution of the City Council
of the City of Vernon Adopting Conflict of Interest
Guidelines and Disclosure Form for Neutral Hearing
Officers for Election Contests Filed with the City Council
Pursuant to Vernon City Charter section 3.4
7. Resolution No. 2012-124 - A Resolution of the City Council
of the City of Vernon Appointing Neutral Hearing Officer
for Election Contest Filed on July 11, 2012 with the City
Council Pursuant to Vernon City Charter Section 3.4
Resolutions Nos. 2012-121 through 2012-124 were addressed at the
same time.
Marguerite Leoni of Nielsen, Merksamer, Parrinelo, Gross, and
Leoni, reported that Resolution No. 2012-121 addresses a
clerical error in the formatting, and the change is non -
substantive.
Leoni advised that Resolution No. 2012-122 Sets forth the
procedures for subpoenas in the hearing process for the
contested election. Parties may receive subpoenas at least 5-
days prior to the hearing. Subpoenas are signed by the Mayor
and attested by the City Clerk, and are enforceable through the
courts. Leoni reported that her firm will be preparing the
subpoena documents.
Leoni advised that Resolution No. 2012-123 provides the
guidelines for the impartiality obligations of. the hearing
officer. It requires disclosure of any conflict and matters
that could be perceived as a conflict. The obligations will
continue throughout the process. This includes but is not
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Regular City Council Meeting Minutes
July 17, 2012
limited to any relationships or dealings with City affairs or
administrative staff, the parties to election contest,
attorneys, and voters being challenged. The hearing officer is
required to file upon appointment, and the filings will be made
available to the various parties within a week to allow for a 5-
day review period in order to allow parties to make initial
objections. As additional disclosures become known, parties may
still object.
Leoni reported that Resolution No. 2012-124 nominates Debra Wong
Yang (Ret.), Judge Wang, as the neutral hearing officer. Leoni
provided Wang's background and experience. Leoni advised that
the nomination becomes the appointment with the passing of the
resolution, and that Wang would be required to make the
appropriate disclosures.
It was moved by McCormick and seconded by Ybarra to approve
Resolution No. 2012-121, Resolution No. 2012-122, Resolution No.
2012-123, and Resolution No. 2012-124. Motion carried, 3-0-1
with Maisano abstaining from the vote.
8. Resolution No. 2012-125 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of a Consent to the Assignment Regarding
Property Located at 2970 E. 50th Street
City Administrator Mark Whitworth reported that the property is
an asset of the City and was known to he occupied by Union Ice.
Whitworth reported that Arctic Glacier which owns Union Ice has
filed for bankruptcy. They have been purchased by a new
company. The recommendation will allow the new company to
continue with the lease. Whitworth further added that the
occupant is current with all payments.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-125. Motion carried, 4-0.
9. Resolution No. 2012-126 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of an Agreement for Billing of Direct
Assessments By and Between the City of Vernon and the Los
Angeles County Auditor -Controller
Assistant to City Administrator Alex Kung advised that the
agreement would help facilitate the warehouse parcel tax and
that the matter has been annually renewed.
It was moved by Ybarra. and seconded by Maisano to approve
Resolution No. 2012-126. Motion carried, 4-0.
10. Resolution No. 2012-127 - 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 Special
Municipal Election to be Held on Tuesday, September 18,
2012
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July 17, 2012
11..Resolution No. 2012-128 - 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 to be Held on Tuesday, September 18, 2012
Resolutions Nos. 2012-127 and 2012-128 were addressed at the
same time.
City Clerk Willard Yamaguchi advised that the two resolutions
related to the Utility User Tax election to be held September
18, 2012. The Board of Supervisors of the County of Los Angeles
provides the voter list and other related services, while Martin
& Chapman Co. provides the ballot material.
It was moved by Ybarra and seconded by McCormick to approve
Resolution No. 2012-127 and Resolution No. 2012-128. Motion
carried, 4-0.
12. Resolution No. 2012-129 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of Encroachment License Agreement No. 414 By and
Between the City of Vernon and Pabco Paper Products
Kevin Wilson, Director of Community Services and water
Department, reported that a pipeline sits on the Pabco Paper
Products parking lot. Although not in use, the pipeline sits on
the right-of-way. Wilson is recommending that the Encroachment
License Agreement be approved, now that the old agreement is
expiring.
It was moved by Maisano and seconded by Ybarra to approve
Resolution No. 2012-129. Motion carried, 4-0.
13. Resolution No. 2012-130 - A Resolution of the City Council
Of The City Of Vernon Authorizing The Issuance Of A
Request For Proposals For Urban Forest Management Services
Kevin Wilson, Director of Community Services and Water
Department, advised that the approval would allow the receipt of
bids and that the item would be brought back to Council with a
recommendation.
It was moved by McCormick and seconded Maisano to approve
Resolution No. 2012-130. Motion carried, 4-0.
14. Resolution No. 2012-131 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Smith -Emery
Laboratories and Approving and Authorizing the Execution
of a Services Agreement By and Between the City of Vernon
and Smith -Emery Laboratories for Material Acceptance
Testing for Citywide Rubberized Emulsion -Aggregate Slurry
(REAS) Seal Phase I, City Contract No. CS-0052
Kevin Wilson, Director of Community Services and Water
Department, reported that the lowest bidder is being awarded the
contract.
It was moved by Ybarra and seconded by McCormick to approve
Resolution No. 2012-131. Motion carried, 4-0.
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July 17, 2012
15. Resolution No. 2012-132 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Cannon
Corporation and Approving and Authorizing the Execution of
a Services Agreement By and Between the City of Vernon and
Cannon Corporation for the Engineered Design of a
Temporary Closed Water System, Elevated Tank Standpipe
Repair and Technical Support Services
Kevin Wilson, Director of Community Services and Water
Department, reported than a request for proposals had been
issued due to corrosion on the elevated tank standpipe. During
the repair the City can operate on a temporary closed water
system, but the assistance of an outside firm is necessary for
the development of the system. Wilson opined that the system
can also be of use during an emergency.
In response to Mayor Pro-Tem Davis, Wilson advised that his
concern was more over the seismic stability of the standpipe,
and that the repairs costs would be minimal. The design cost
for the system could be more costly than the repairs.
It was moved by McCormick and seconded by Ybarra to approve
Resolution No. 2012-132. Motion carried, 4-0.
16.Resolution No. 2012-133 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Santa Fe
Building Maintenance and Approving and Authorizing the
Execution of a 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
Department, reported that several proposals were received. His
recommendation is to stay with the current vendor.
It was moved by Maisano and seconded by Ybarra to approve
Resolution No. 2012-133. Motion carried, 4-0.
17. Resolution No. 2012-134 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Fleming
Environmental, Inc., and Approving and Authorizing the
Execution of a Services Agreement By and Between the City
of Vernon and Fleming Environmental, Inc., for the
Maintenance, Testing and Repair of Underground and
Aboveground Storage Tanks, Fuel Dispensers and Related
Facilities
Kevin Wilson, Director of Community Services and Water
Department, advised that the resolution pertains to the
underground tank which is required by state to be monitored and
tested. Wilson reported that Fleming Environmental, Inc. is the
current vendor and had the lowest costs with the best
qualifications.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-134. Motion carried, 4-0.
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July 17, 2012
18.Resolution No. 2012-135 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the City's
Participation in the 2011 Urban Areas Security Initiative
Grant Program, Approving and Authorizing the Execution of
an Agreement By and Between the City of Vernon and the
City of Los Angeles, and Authorizing the Execution of
Documents Necessary to Obtain the Grant
Fire Chief Mark Whitworth advised that the Fire Department
participates in the grant annually, and that the program
provides funds for training and equipment related to homeland
- security. This year the department is eligible for
approximately $185,000.
It was moved by Maisano and seconded by Ybarra to approve
Resolution No. 2012-135. Motion carried. 4-0.
19. Resolution No. 2012-136 - A Resolution of the City Council
of the City of Vernon Adopting an Amended and Restated
Drug and Alcohol Testing Policy and Repealing all
Resolutions or Parts of Resolutions in Conflict Therewith
City Administrator Mark Whitworth advised that the policy would
provide more comprehensive and universal procedures for random
drug testing for all qualifying City employees. Whitworth
reported that this will affect all personnel who drive City
vehicles.
It was moved by Ybarra and seconded by McCormick to approve
Resolution No. 2012-136. Motion carried, 4-0.
20. Resolution No. 2012-137 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of A.M. Ortega
Construction, Inc. for Natural Gas Transmission Pipeline
Modifications and Construction of Launcher and Receiver
for In -Line Testing Instruments in Accordance with
Contract No. GD-0013 of the City of Vernon and Approving
the Execution of Said Contract
21. Resolution No. 2012-138 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a
Request for Proposals for Natural Gas Transmission
Pipeline In Line inspection
Resolutions Nos. 2012-137 and 2012-138 were addressed at the
same time.
Consultant Dan Bergmann of Interstate Gas Services reported that
the gas transmission and distribution line assessment is
required every 7 years. On May 1, 2012, City Council approved
the request for proposals for said service. The work will
remove the Bandini Boulevard stretch of the pipeline and also
provide the portable pipeline inspection gauge ("PIG") launcher
and receiver.
Bergmann explained that the first resolution will approve A.M.
Ortega Construction, Inc. to conduct the work. The second
resolution is a request for proposals on the actual PIG devices.
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July 17, 2012
In response to Mayor Pro-Tem Davis' inquiry, Bergmann advised
that no customer will be taken off-line in the closing off the
pipeline. However, during the PIG launching the power plant
will be affect for approximately two days.
In response to Councilman Ybarra's concerns over the closing of
the Bandini portion of the pipeline, Bergmann explained that a
large user such as a power plant would be necessary in order to
reopen said portion. Bergmann opined that this is highly
unlikely, and that the closing of the Bandini portion eliminates
risk, and facilitates the PIG launcher and receiver. Bergmann
further explained that the portion will be out of service not
abandoned.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-137 and Resolution No. 2012-138. Motion
carried, 4-0.
22. Resolution No. 2012-139 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Petrelli
Electric, Inc. and Approving and Authorizing the Execution
of an Electric System Service and Maintenance Agreement By
and Between the City of Vernon and Petrelli Electric, Inc.
for Electric System Maintenance for the City of Vernon
Director of Light & Power Carlos Fandino reported on the request
for proposals to service the overhead distribution system, and
standby emergency response services. Fandino reported on the
review process and the review panel's recommendation to award
the contract to Petrelli Electric, Inc. ("Petrelli") due to
their fee of service and experienced staff.
In response to Mayor Pro-Tem. Davis' inquiry, Fandino confirmed
that Petrelli was the lowest bidder.
In response to Councilman McCormick's inquiry on the contract
terms, Fandino reported that the contract is for five years with
an option to renew for an additional five years due to the
technicality and uniqueness of the service.
It was moved by McCormick and seconded by Ybarra to approve
Resolution No. 2012-139. Motion carried, 4-0.
23. Resolution No. 2012-140 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 2012-115
Regarding the Compensation, Costs and Benefits of its
Employees ("Personnel Resolution") By Amending Certain
Sections and Schedule No. XII of the Personnel Resolution
(Amendment No. 1)
Director of Light & Power Carlos Fandino reported that the
amendment will correct the salary scale for Electric Operator,
which was determined to have lesser technical expertise than the
Electric Technician, which had the same salary scale. Fandino
opined that since employees were classified to Electric
Operator, it would be a savings to the city.
Special Counsel Dana Reed recalled a public comment on the
resolution.
Steve L'Ecluse clarified that the amendment was to correct
salaries due to qualifications. Under the current salary
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July 17, 2012
schedule an Operator could earn as much as a Dispatcher.
Fandino confirmed, and advised that this does not affect current
employee salaries; it would simply limit their earnings in the
future as an Operator.
It was moved by Ybarra and seconded by Maisano to approve
Resolution No. 2012-140. Motion carried, 4-0.
24. Resolution No. 2012-141 - A Resolution of the City Council
of the City of Vernon Approving the City's Participation
in the 2011 State Homeland Security Grant Program By the
- Vernon Police Department, Approving and Authorizing the
Execution of a Subrecipient Agreement By and Between the
City of Vernon and the County of Los Angeles and
Authorizing the Execution of Documents Necessary to Obtain
Said Grant
Interim Police Chief Daniel Calleros reported that this would
allow the Police Department to participate and receive a grant
of $55,000 for a license plate reader which will also allow
shared data with other jurisdictions. Calleros explained that
the City would front the funds, but that all were reimbursable.
It was moved by McCormick and seconded by Ybarra to approve
Resolution No. 2012-141. Motion carried, 4-0.
25. Resolution No. 2012-142 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of a Language Proficiency Assessment Services
Agreement By and Between the City of Vernon and Berlitz
Languages, Inc., for Spanish Language Proficiency
Examinations
Interim Police Chief Daniel Calleros reported that in the past a
different resource was used for bilingual testing, however, a
minimum number of participants was always necessary. Berlitz
Languages, Inc. does not have a minimum requirement and they
conduct on -site testing.
It was moved by Ybarra and seconded by Maisano to approve
Resolution No. 2012-142. Motion carried, 4-0.
26. Resolution No. 2012-143 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of a State and Local Task Force Agreement By and
Between the City of Vernon and the United States Drug
Enforcement Administration Regarding the Southwest Border
Initiative Task Force
Interim Police Chief Daniel Calleros reported that one detective
is currently assigned to this task force and that he recommends
the continued participation. The department is able to utilize
the resources and also gains a significant portion of asset
forfeiture funds. Callers added that this is an annual
agreement.
It was moved by McCormick and seconded by Ybarra to approve
Resolution No. 2012-143. Motion carried, 4-0.
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July 17, 2012
NF.W RTTCTNRRA
1. Authorization to approve and extend the MSW Consultants
agreement for one year in order to provide solid waste
consulting services.
Interim Director of Health and Environmental Control Leonard
Grossherg reported that the company has been used for over the
last ten years and that Dave Davis of MSW Consultants was
present to answer any questions.
In response to Mayor Pro-Tem Davis, Grossberg advised that the
department is requesting a one year extension before going out
to bid.
It was moved by McCormick and seconded by Maisano to extend the
MSW Consultant agreement for one year. Motion carried, 4-0.
2. Authorization to approve and issue Change Order No. 3 to
Melvyn Green & Associates in order to extend their
agreement from July 1, 2012 to September 30, 2012 and
incorporate the City's Living Wage provision.
It was moved by Ybarra and seconded by Maisano to approve Change
Order No. 3. Motion carried, 4-0.
3. Authorization to issue annual open purchase orders at the
stated amounts for the recommended vendors as listed on the
Purchasing Department Staff Report dated June 20, 2012.
Purchasing Director Martha Valenzuela advised that the list of
vendors reflects those that are in excess of the Department
Head's limit.
It was moved McCormick and Ybarra to approve the issuance of the
open purchase orders in the stated amounts. Motion carried,
4-0.
ORAL REPORTS
Interim Police Chief Daniel Calleros reported on a commercial
burglary investigation that occurred on June 24, 2012, in the
5600 block of Downey Road. Approximately 600 rolls of clothing
type fabric were stolen. There are few leads in the case.
Calleros reported that on June 24, 2012, patrol officers
responded to the area of 37th Street and Ross Street. Three
subjects were observed walking along the railroad tracks. Upon
arrival, all three subjects fled. With the help of the infrared
device, detectives were able to locate the subjects. All three
subjects were arrested for attempted vandalism, trespassing on
railroad property and evading arrest.
On June 28, 2012 patrol officers responded to an assault with a
deadly weapon in the 5700 block of Alcoa Avenue. Two workers
were involved in a verbal dispute, when one of the individuals
grabbed a machete from his vehicle and tried to strike the other
with the machete. The victim was not injured. The suspect fled
the scene but was later located and arrested by patrol staff.
Calleros reported that on June 28, 2012, and July 9, 2012, two
City water meters were reported stolen. Calleros noted that the
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July 17, 2012
water meter theft is an ongoing problem in the area. In
response to Special Counsel Reed, Calleros reported that the
meters are sold as scrap metal.
Calleros reported that Detectives are currently working on a
homicide case that occurred on July 2, 2012. They suspect the
case is connected with another homicide that occurred in the
City of South Gate on July 1, 2012. Given the on -going
investigation, no' further information is being released at this
time.
On July 9, 2012, an assault with a deadly weapon was reported in
the 4400 block of Santa Fe Avenue. During a dispute the suspect
produced a knife and attempted to assault the victim with the
knife. The suspect fled the scene on his bicycle. Detectives
are actively pursuing the case.
On July 13, 2012, a witness reported a theft of a
tractor/trailer in progress. Patrol officers responded to the
location within minutes and secured the area. All three
subjects were arrested at the scene for attempted auto theft.
The tractor/trailer in question was loaded with school furniture
and was recovered at the scene.
On July 15, 2012, while conducting a security check at the La
Villa Basque, a customer leaving the location, collided into the
rear bumper of a patrol unit. The driver of the vehicle was
taken into custody for driving under the influence. Both
involved vehicles sustained minor damage.
Calleros reported that Captain James Rodino was on vacation, but
that there were no acts of vandalism to report.
Councilman McCormick directed Calleros to make a presentation
comparing the proposal given by the Sheriff's Department versus
existing services.
Battalion Chief David Kimes reported that two organizations had
applied for and had firework stands.
The department's training focus for the month of July is on
personal protective equipment. Kimes reported that during the
month of May the training focus had been wild land fire, which
he opined came in good use on July 9, 2012, during a response to
a brush fire in Montebello.
Director of Light & Power Carlos Fandino reported that on June
21, 2012, the department responded to Reliant Steel in regards
to a blown meter. Fandino reported that the meter had to be
replaced and the customer was back up within two hours.
Fandino reported on a power outage that occurred on July, 2,
2012, due to a mylar balloon. On July 10, 2012, a ten second
power outage occurred that affected 66 customers. The cause of
the outage is still unknown. Fandino reported on another power
outage on July 15, 2012, also caused by a mylar balloon.
Fandino reported on efforts made to engage customers in light of
the increased electric rates and the potential impact on large
utility users. Fandino reported on a potential rebate program
to assist heavy utility users, with the condition that load
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Regular City Council Meeting Minutes
July 17, 2012
thresholds are maintained. Fandino hopes to accomplish this by
reducing various services and reducing operational costs.
Fandino expects to hold an Advisory Committee on Electric Rates
meeting to discuss the proposal further. Fandino advised that
if approved, the benefit will be applied retroactively.
In response to Mayor Pro-Tem Davis, Fandino clarified that
customers will be required to maintain an average load. They
will not be penalized for low load periods. Special Counsel
Reed added that the proposal is a concept and will need to be
brought to City Council in a formal resolution once the details
have been vetted out.
Fandino reported on AB2196 and AB1900. He advised that
legislation is on recess but will reconvene in August. Fandino
reported on lobbying efforts and its potential affect on the bio
methane gas contracts.
Leonard Grossberg, Interim Director of Health and Environmental
Control, reported on the rescheduling of the Sustainable
Development and Energy Efficiency Commission meeting to August
22, 2012.
Grossberg reported on the Health Department permit process,
announcing that 854 new permits for hazardous material are being
issued. Grossberg advised that there has been an increase in
animal control calls. The department coordinates with Community
Services and SEACCA, on these calls.
Kevin Wilson, Director of Community Services and Water
Department, reported that the Advisory Committee on Business
Development met on Wednesday, July 11, 2012, and discussed the
zoning ordinance.
Wilson reported that six proposals were received for the housing
development. A committee will be evaluating the proposals and
assisting in the development of the ordinance.
Assistant to City Administrator Alex Kung announced that the
Oversight Board to the Successor Agency to the Redevelopment
Agency met on Thursday July 12, 2012.
Kung reported on a demand letter received from the Finance
Department, he advised that although the amount was paid, the
City will be protesting the request.
City Administrator Mark Whitworth announced that the Vernon
Housing Commission is scheduled to meet on Wednesday, July 1B,
2012, to discuss transitional hardship procedures.
Whitworth reported that the search firm process for the City
Attorney position has been completed. Roberts Consulting Group,
Inc. has been retained for the search process for Police Chief.
Whitworth announced that interviews for the Human Resource
Director are scheduled for July 18, 2012. Interviews for Health
Director are scheduled for July 23, 2012.
Whitworth reported on the JLAC report and hearing held July 5,
2012, which he opined was poorly attended. Independent Reform
Monitor John Van De Kamp's report is expected to come out at the
end of the month.
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July 17, 2012
Whitworth reported on staff's continued efforts on budget
reductions and on the two contested elections. Legal Counsel is
working with the City on CalPERS' findings.
Whitworth reported on the IRS letter regarding employee tax
matters. He advised that the anticipated general fund budget
reduction will be presented in August.
Whitworth requested that the meeting be adjourned in honor of
Eric Fresch.
Special Legal Counsel Reed requested that the City Council
recess in order to address the matters on the Successor Agency
to the Redevelopment Agency agenda, and then reconvene soon
thereafter.
At 11:40 a.m. the City Council recessed to address matters on
the Successor Agency to the Redevelopment Agency agenda.
City Council reconvened at 12:02 p.m.
CLOSED SESSION
At 12:03 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 - PENDING LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(b)(1)
Number of potential cases: 2
2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Government Code Section 54956.9(c)
Number of potential cases: 3
3. 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.
4. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
a. Agency Designated Representative: Dana Reed, Legal
Counsel
Unrepresented Employee: City Attorney
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July 17, 2012
At 12:32 p.m. it was moved by McCormick and seconded by Maisano,
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 reject the claim of ole£f
Jimenez and to continue working with the prospective city
attorney.
The City Clerk announced that there were no further items on the
agenda.
At 12:33 p.m., it was moved by McCormick and seconded by
Maisano, that the meeting be adjourned. Motion carried.
ATTEST
Dana
City Clerk
William J. Davis
Mayor Pro-Tem
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