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20121002 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 2, 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 9:00 a.m. by Mayor Pro-Tem Davis. Councilmember Maisano led the flag salute. Interim City Clerk, Dana Reed announced that there were no changes to the agenda. CLOSED SESSION The Interim City Clerk inquired whether there was anyone in the audience that wished to comment on the closed session item. There was no response. At 9:00 a.m. it was moved by McCormick and seconded by Maisano that the City Council go into closed session to discuss the item listed under closed session. Motion carried, 4-0. 1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Government Code Section 54956.9(a) Bruce V. Malkenhorst, Sr. vs. Board of Administration of California Public Employees' Retirement System OCSC Case No. 30-201200588466 At 9:10 a.m. it was moved by McCormick and seconded by Maisano, that the City Council exit closed session. Motion carried, 4-0. Interim City Clerk, Dana Reed advised that there was no reportable action. PUBLIC COMMENT The Interim 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. No one responded. PRESENTATIONS Service Pin Awards: Mayor Pro-Tem Davis presented Utilityman II Andrew Thompson,,,Account Clerk Christina Rivera, Gas Systems Technician Juan Lozano, and Gas Systems Lead Daniel Lopez with service pins for their various years of service. Police Officer Christian Moscoso was acknowledged for his years of service as he was not able to attend the meeting. 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. Regular City Council Meeting Minutes October 2, 2012 1. Minutes Approval a. Minutes of the Special City Council Meeting held July 23, 2012. b. Minutes of the Regular City Council Meeting held August 7, 2012. 2. Warrant Registers a. Ratification of City Warrant Registers to record the following voided checks: 1. City Warrant Register No. 1358, Check No. 337546 in the amount of 428.40; and 2. City Warrant Register No. 1358, Check No. 337576 in the amount of $210.00; and 3. City Warrant Register No. 1362, Check No. 338430 in the amount of $455.00. b. Ratification of Light & Power Warrant Registers to record the following voided checks: 1. Light & Power Warrant Register No. 324, Check No. 509312 in the amount of 334.74; and 2. Light & Power Warrant Register No. 327, Check No. 509496 in the amount of $70.00. c. Approval of City Warrant Register No. 1365, totaling $889,297.29, which covers the period of September 11, through September.24, 2012, and consists of the following: 1. Ratification of wire transfers totaling $564,357.35; and 2. Ratification of the issuance of early checks totaling $148,667.74; and 3. Authorization to issue pending checks totaling $176,272.20. d. Approval of Federal Funds for Street Improvement Warrant Register No. 16, totaling $26,856.75, which covers the period of May 25 through September 24, 2012, and consists of the following: 1. Ratification of wire transfers totaling $26,856.75. e. Approval of Light & Power Warrant Register No. 330, totaling $3,873,879.64, which covers the period of September 11, through September 24, 2012, and consists of the following: 1. Ratification of wire transfers $3,440,138.68; and 2.Ratification of the issuance of totaling $3,309.31; and 3.Authorization to issue pending $430,431.65. totaling early checks checks totaling Page 2 of 10 Regular City Council Meeting Minutes October 2, 2012 f. Approval of Gas Warrant Register No. 118, totaling $7,796.54, which covers the period of September 11, through September 24, 2012, and consists of the following: 1. Ratification of the issuance of early checks totaling $6,424.17; and 2. Authorization to issue pending checks totaling $1,372.37. 3. Fire Department a. Activity Report for the period of September 1, through September 15, 2012, to be received and filed. 4. Health Department a. August 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 September 1, through September 15, 2012, to be received and filed. RESOLUTIONS 1. Community Services & Water Department a. Resolution No. 2012-186 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Legal Services for Proposed Development Agreement and Land Use Matters Director of Community Services and Water, Kevin Wilson requested authorization to issue a request for proposals for legal counsel to oversee and prepare California Environmental Quality Act documents as this is a specialized aspect of law. It was moved by Maisano and seconded by Ybarra to approve Resolution No. 2012-186. Motion carried, 4-0. 2. Health Department a. Resolution No. 2012-187 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and Environmental Management Professionals, LLC Director of Health and Environmental Control, Leonard Grossberg reported that Krishna Nand, Principal of Environmental Management Professionals, LLC, has provided consulting services for several years. Grossberg requested that the agreement be extended for an additional year, advising that the following year the department will conduct a request for proposals. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-187. Motion carried, 4-0. Page 3 of 10 Regular City Council Meeting Minutes October 2, 2012 3. Human Resources a. Resolution No. 2012-188 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 2012-114 Regarding the Continued Payment of Premiums for Medical -Dental Insurance for Retired Employees During the 2012-2013 Fiscal Year for the Public Purpose of Reducing the Cost of Government by Encouraging Early Retirement City Administrator, Mark Whitworth reported that the amendment is to clarify language, as a means to encourage early retirement for those employees that qualify. Whitworth advised that there was reluctance due to uncertainties in the language. Human Resources Director, Teresa McAllister further clarified that the retirement incentive is only applicable for the fiscal year 2012-2013. McAllister reported and the changes from previous benefits, including the reduction in age requirement to 50 years old. It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-188. Motion carried, 4-0. 4. Risk Management a. Resolution No. 2012-189 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Purchase of a One -Year Environmental Site Liability Insurance Policy for Pre -Existing Conditions and Newly Discovered Conditions of Specifically Listed Properties from Evanston/Markel Insurance Company through Arthur J. Gallagher & Co. Chief Deputy City Attorney, Willard Yamaguchi reported on the pollution liability policy for various city -owned and divested properties. Yamaguchi explained that the recommended policy is for a year and nine months in order to convert the policy to fit the fiscal year schedule. Yamaguchi reported on a correction to Section 2 of the resolution acknowledging that the policy will be extended an additional year and nine months. In response to Mayor Pro-Tem Davis, Yamaguchi reported that two proposals were received, and that some carriers had declined to quote. The underwriter for the recommended carrier previously worked for Arthur J. Gallagher and is familiar with the Vernon account. In response to Councilmember Ybarra, Yamaguchi explained that on a monthly basis, extending the policy the additional nine months was more cost effective than obtaining the standard one year policy. It was moved by McCormick and seconded by Ybarra to Approve Resolution No. 2012-189 with the correction. Motion carried, 4-0. 5. Light & Power Department a. Resolution No. 2012-190 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amended Interim Page 4 of 10 Regular City Council Meeting Minutes October 2, 2012 Interruptible Service Rate Agreement By and Between the City of Vernon and Matheson Trigas Director of Light & Power, Carlos Fandino reported that in August Matheson Trigas' Interim Interruptible Service Rate Agreement was adopted by Council. The proposed amendment includes additional language to Section 5 of the agreement. Mayor Pro-Tem Davis inquired on the billing difference in June as presented in Exhibit 1-A of the agreement. Fandino advised that he will have to defer to staff, and requested that the matter be revisited later in the meeting. ORDINANCES 1. Ordinance No. 1198 - An Ordinance of the City Council of the City of Vernon Amending the Vernon City Code by Adding Chapter 4B to the Code of the City of Vernon to Establish a Non -Consensual Franchise Towing Fee (second reading) Interim City Clerk, Dana Reed reported that this was the second reading of the Ordinance, as it was the subject of the public hearing at the last Council meeting. Hearing no questions or comments, a roll call vote was taken: - Councilmember Ybarra, yes - Councilmember Maisano, yes - Councilmember McCormick, yes - Mayor Pro-Tem Davis, yes Motion carried, 4-0. RESOLUTIONS (CONTINUED) Resolution No. 2012-190 is brought back to the City Council for consideration. In response to Mayor Pro-Tem Davis' inquiry on the exhibit, Fandino explained that in June Southern California Edison does not offer a credit, therefore the fluctuation in the data reflects the difference. In response to Councilmember Ybarra's concerns over the language addressing machinery breakdown, Fandino explained that Matheson Trigas ("Matheson") will not be penalized for load decrease due to acts of nature or machinery breakdown and will still qualify for the interruptible service rate, receiving credit for the total usage. Matheson will not be penalized for random acts. Councilman Ybarra stated that he did not agree with the language that included machinery breakdown. Fandino advised that in order for Matheson to still receive the rate, they would request substantial documentation. Councilmember Ybarra stated that further negotiation needed to be done, and opined that the clause gives Matheson an unfair advantage. Fandino summarized the concern in that Matheson should either meet the load requirement, or it does not qualify for the interruptible service rate. Page 5 of 10 Regular City Council Meeting Minutes October 2, 2012 City Attorney, Nicholas. Rodriguez recommended that the resolution be approved, with the machinery language striken from the agreement. If Matheson does not agree with the revised terms, the matter should be brought back to City Council. It was moved by Ybarra and seconded by McCormick to approve Resolution No. 2012-190 with the machinery breakdown language striken from Section 5 of the agreement. Motion carried, 4-0. NEW BUSINESS 1. Authorization to approve Change Order No. 1, extending the service agreement with Fire Apparatus Solutions for one year commencing January 1, 2012, and ratifying the increase in expenses. Purchasing Director, Martha Valenzuela reported on the request to extend the service agreement and ratify the expenditure increase from $35,000 to $100,000. It was moved by McCormick and seconded by Maisano to approve Change Order No. 1 for Fire Apparatus Solutions. Motion carried, 4-0. 2. Authorization to approve Change Order No. 1 amending Section 3.1.3 of the written agreement with Hogle Ireland and incorporating the letter dated September 17, 2012. Director of Community Services & Water, Kevin Wilson reported on the need to expand Hogle-Ireland's scope of work in order to incorporate the Business Development Advisory Committee's recommendations on the zoning ordinance. It was moved by Maisano and seconded by Ybarra to approve Change Order No. 3.1.3 for Hogle Ireland. Motion carried, 4-0. DISCUSSION ITEMS 1. Presentation by the Director of Community Services and Water and the Director of Health and Environmental Control on the tentative national pollutant discharge elimination system permit for municipal separate storm sewer system discharges within the Los Angeles County Flood Control District. Director of Community Services & Water, Kevin Wilson reported that the process is a joint effort, explaining that Community Services oversees the regulations on public property, while the Health Department oversees private property. Wilson warned that the tentative stormwater permit process could have a major financial impact to the City. Wilson reported on waste and stormwater systems, the history of water quality regulation, and on the current permit structure. Wilson reported on the various challenges with the new permit structure including the lack of a principal permittee, the incorporation of three additional TMDLs (Total Maximum Daily Loads), an extensive monitoring program, numeric effluence limitations, and the incorporation of Low Impact Development. Page 6 of 10 Regular City Council Meeting Minutes October 2, 2012 According to a study, Wilson reported that $2.5 million in costs per year is estimated for Vernon with the new stormwater permit process. Consequences include 3rd party litigation and fines up to $10,000. Wilson reported on the efforts to address some of the concerns. Vernon's comments on the draft permit included concerns on the shifting of responsibilities to permittees for inspection and enforcement activities of industrial & construction general permits which are already regulated by the State's general construction activities, and the need to redefine maximum extent practicable. Furthermore, the impracticality and economic feasibility of current permit may lead to litigation. Wilson hopes that some of the concerns are addressed so that the potential burden is minimized. In response to Councilmember McCormick, Wilson reported that the Health Department had met with the Chamber to present the industrial permitting process. However, he opined that the municipal permit should also be presented as any cost to the City will eventually get passed to its customers in the form of increased costs or reduction in services. McCormick encouraged communication with the Chamber. In response to Mayor Pro-Tem Davis' concerns, Wilson explained that the Regional Board has been advised that state law requires the City to flush the portable water system. The Board will be adding regulation, and the City will be keeping a log as well as notifying the agencies of the event. ORAL REPORTS Interim Police Chief Daniel Calleros reported that on September 19, 2012, officers arrested two suspects for possession of 12 stolen truck batteries. The arrest was made after officers suspected that the vehicle carried excessive weight. The vehicle had been seen earlier exiting a closed parking lot. Calleros reported that the area had experienced a rash of batteries thefts; he hopes the arrests will end the recent spike in battery thefts. On September 22, 2012, officers patrolling the area of Soto Street and Leonis Boulevard in an unmarked vehicle observed a suspect climb a fence and tamper with the business' surveillance camera. Officers detained the suspect and located two additional suspects in a vehicle parked near by. A business representative responded and noted that a container loaded with general merchandise had been stolen from the secured yard. All three subjects were arrested for suspicion of grand theft and trespassing. Calleros reported that one of the suspects had an outstanding warrant. The Detectives assigned to the cargo theft investigation team have taken over the investigation. On September 27, 2012, a burglary was reported at the 50th Street Substation. A number of spools of copper wire valued at approximately $20,000 were stolen. The burglary was report by Rhino Construction who is currently conducting work for the Light and Power Department. Detectives have entered information concerning the theft into the ScrapTheftAlert database. The information is shared with the scrap industry. In order to improve security at the location, it was recommended that a Page 7 of 10 Regular City Council Meeting Minutes October 2, 2012 security guard be hired as Rhino Construction has expensive equipment on -site. On September 29, 2012, two armed robberies occurred, the first in the area of Vernon Street and Soto Street. The second occurred in the area of Soto Street and 26th Street. A witness was able to obtain the suspect vehicle's license plate number. Police quickly broadcasted the information. Suspects were detained by LAPD during a routine traffic stop. The suspects were identified by the victims and an independent witness. Most of the property stolen was recovered and returned. A replica handgun was recovered as well. Information on the suspects will be shared with other local agencies to determine if the suspects were involved in other thefts. Calleros concluded by reporting on the Farm Animal Rights Movement ("FARM") demonstration scheduled for the same day in front of Farmer John. FARM is a national non-profit organization whose mission is to end the use of animals for food through public education. The organization is sponsoring demonstrations and other activities throughout the world in support of World Farm Animals Day, held October 2nd. The total number of demonstrators is estimated to be 50 people. Although the demonstration is expected to be peaceful, the Mobile Field Force has been activated and will be standing by. Assistant Fire Chief, Andrew Guth reported that most responses have been routine in nature, with one hazmat mutual aid response with the Los Angeles County., The training focus for the month of October is live fire training. Guth reported that during daylights saving time, the department is encouraging all to change the batteries in their smoke detectors. October 4, 2012, is the last day in the CERT training class. Guth advised that October is Breast Cancer Awareness Month, and advised that the Department is selling merchandise; all proceeds will be going to the Susan G. Komen foundation. Reemphasizing the recommendation made by Calleros earlier, Director of Light & Power, Carlos Fandino reported on the need for increased security at the Leonis and Soto yard due to an increase in copper wire theft. Councilmember McCormick suggested that the lights be kept on all night as opposed to turning off at 10 o'clock at night. Fandino advised that he did not want to inconvenience the surrounding tenants, but would consider the recommendation. Fandino advised that new gas customers will be presented at the next Council meeting. He reported on AB 2196 and AB1900. Director of Health and Environmental Control, Leonard Grossberg announced his attendance to the San Diego Conference and the Alternative Energy tour in Japan. The Sustainability Open House is scheduled for October 18, 2012, and the next Sustainable Development and Energy Efficiency Commission meeting is scheduled for October 17, 2012, at 3:30 p.m. Director of Community Services and Water, Kevin Wilson reported that the scoping meeting for the environmental impact report on the General Plan and Zoning Ordinance was not well attended. The document has been made available on the City's website. Page 8 of 10 Regular City Council Meeting Minutes October 2, 2012 . Wilson reported on the potential change to the zoning ordinance which would allow billboard advertisement on the side of the freeway. He estimates that this could provide $60,000 to $100,000 in revenue per billboard. Assistant to City Administrator, Alex Kung announced the Successor Agency meeting to be held after the adjournment of the Council meeting. Oversight Board to the Successor Agency to the Redevelopment Agency meeting is scheduled for October 4, 2012. Human Resources Director, Teresa McAllister reported on her meetings with Department Heads and city staff. She announced the employee informational meetings scheduled for October 3 and 4, 2012. McAllister advised that she is reviewing the Police and Fire Departments' Memorandums of Understanding. City Administrator, Mark Whitworth reported on the Vernon Housing Commission meeting held September 19, 2012, advising that the unit -to -unit transfer policy had been adopted and was mailed to the residents for additional comments. The Commission also approved the request for proposals for a third party property management firm. The Commission will now meet quarterly instead of monthly. At the December meeting, the Commission will have the lottery for the housing waiting list. Whitworth announced that the closing arguments for the June 5, 2012, election contest hearing is scheduled for October 4, 2012, and will be delivered via conference call. He further announced that the Utility User Tax Proposition did not pass at the September 18, 2012, election. The City continues to work on short term alternatives. Comprehensive long-term proposals will be presented as part of the General Municipal Election in April 2013. Administration is working with the Chamber on long-term solutions. Whitworth also announced the two employee information meetings scheduled for October 3 and 4, 2012. The City's fiscal status, election outcome impact, elimination of the reception desk, early retirement, and the CalPERS reform act will all be discussed. Whitworth invited Council to attend, but advised that no more than two Council members could attend at once, per the Brown Act, three or more Council members would require public notice. Whitworth reported on the search firm process for the Finance Director and Police Chief positions. Councilmember Ybarra recommended that the salaries of the open and vacant positions be revisited. He clarified that approximately 2 years ago the City conducted a salary survey for various executive positions. Ybarra requested that the survey information be revisited by staff to determine if salaries can be reduced based on the City's needs and financial situation. Ybarra further recommended that the 4 vacant positions to be filed through the search firm process be reviewed so that if salary changes are necessary, the search firms can notify candidates. Councilmember McCormick announced the Boy Scout Pancake Breakfast at Fire Station No. 1 on October 13, 2012, at 8:00 a.m. Page 9 of 10 Regular City Council Meeting Minutes October 2, 2012 Councilmember Maisano is hopeful that the clarifications to the retiree resolution will encourage early retirement. As staff retires, he recommends the downsizing of department if feasible. Interim City. Clerk, Dana Reed advised that there were no further items on the agenda. At 10:54 a.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. William J. Davis Mayor ATT ST: Da4A Reed Interim City Clerk Page 10 of 10