20121106 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD TUESDAY, NOVEMBER 6, 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: Martinez
The meeting was called to order at 9:00 a.m. by Mayor Davis.
Councilmember Maisano led the flag salute.
Interim City Clerk, Dana Reed announced that there were no
changes to the agenda.
PUBLIC COMMENT
Interim City Clerk, Dana Reed announced that this was the time
allotted for public comment. Mayor Davis inquired whether
anyone in the audience wished to address the City Council. No
one responded.
PRESENTATIONS
I.Service Pin Awards
Mayor Davis presented Electric Resource Planning and Development
Manager Tilahun (Abraham) Alemu with a service pin for his many
years of service.
Senior Electrical Inspector Jerome Schreiber, Police Officer
Richard Hill, and Information Technology Analyst Alex Ly were
acknowledged for their years of service as they were not able to
attend the meeting.
2. 10851 Award Pin sponsored by California Highway Patrol
recognizing Officer Fernando Valenzuela.
Interim Police Chief Daniel Calleros reported on Officer
Valenzuela's seventh award. He applauded Valenzuela for keeping
the community safe.
Captain Tim Tompkins of the East Los Angeles Highway Patrol
Station presented Officer Valenzuela with the pin and reported
on his experience.
3. Resolution No. 2012-202 - A Resolution of the City Council
of the City of Vernon Adopting the Pars Trust, Including
the Pars Supplementary Retirement Plan, as Part of the
City's Retirement Program
As part of the City's efforts to address the budget deficit,
City Administrator, Mark Whitworth introduced the Public Agency
Retirement Services ("PARS") Supplementary Retirement Plan.
PARS is offering a program that is supplemental to PERS that
will be directed to employees of retirement age.
Dennis Yu and Hannah Grady of PARS presented the Supplementary
Retirement Plan offered to Vernon. Yu explained that the
program offers early retirement incentives to employees and thus
lowering City costs. Cost savings are achieved by replacing
Regular City Council Meeting Minutes
November 6, 2012
employees with a lower paid employee or not replacing at all.
Yu advised that the program helps avoid layoffs.
Yu explained that there is no plan guarantee; rather,
authorization to explore the program is being requested.
Authorization will provide a 45 day enrollment period after
which, based on enrollment, a fiscal analysis will be conducted
to determine whether the program is advantages. If the plan
proceeds, the employees retire; if not, the offer is rescinded.
Yu explained that the proposed design is based on 801 of the
annual base pay. He further explained the calculations and
presented on various employee plan options.
Yu reported on IRC Section 415(b) limits which may affect a
small portion of employees. Proposed eligibility requirements
for both miscellaneous and safety personnel were presented. It
was clarified that Department Heads would not be eligible.
There are 63 current employees who qualify under the plan; it is
predicted that approximately 18 would participate, for which the
potential fiscal savings were presented.
Yu concluded by advising that if City Council approves,
informational packets will be mailed to the 63 qualifying
employees, and individual meetings will be scheduled. Based on
enrollment, the City Council will determine whether to move
forward with the program by the first meeting in January 2013.
In response to Mayor Pro-Tem McCormick, Yu advised that the
benefits could continue for the life of the employee if they
choose, but that there are other options.
In response to Mayor Davis, Yu advised that December 19, 2012,
is recommended as the last day for employees to make their final
decision, and that a 7 day grace period be allowed.
In response to Councilmember Maisano, Yu advised that 20-300
participation is projected.
In response to Whitworth, Yu explained that there will always be
an employee who just misses the requirements, but that Council
has discretion in these cases. However, Yu recommends to
Council be firm on a date.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-202. Motion carried, 4-0.
PUBLIC HEARINGS
1. Consider the establishment of Vernon's new Transmission
Revenue Balancing Account Adjustment and consider the
establishment of Vernon's new Existing Transmission
Contract Adjustment.
Director of Light & Power Carlos Fandino reported that the City
participates as a transmission owner ("PTO") in the California
Independent System Operator Corporation ("ISO") for which it has
annual filing requirements. The Transmission Revenue report is
a Federal Energy Regulatory Commission ("FERC") requirement.
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November 6, 2012
As a PTO the City is required to turn over administrative
control of its transmission assets to the ISO. The City has
three assets which it has turned over to the ISO as required.
As a whole, Fandino explained the relationship between the City
as a PTO and the ISO, advising that it is at no cost to the
City, with the exception of legal and or staffing fees. Though
the City is charged for the transmission lines, the ISO provides
the City revenue based on said lines. Fandino recommends the
establishment of the Transmission Revenue Report and revised
appendix, and authorization for outside counsel to submit the
documents to FERC as outlined in the resolution.
Fandino reported on the Transmission Revenue Balancing Account
Adjustment ("TRBAA") which he explained is a mechanism the ISO
uses to "true -up" any costs or revenues the City may have, and
provided either a charge or credit. Fandino recommends that the
TRBAA also be submitted to FERC for approval as outlined in the
resolution.
In response to Councilmember Ybarra's inquiry on how the
recommendations compare to previous years, Fandino explained
that the "phasing -in" period for the City has ended and that
this will be the first year the City is being charged the full
amount.
In response to Mayor Davis, Fandino clarified that in order to
participate as a PTO the City relinquishes its transmission
assets to the ISO, to be used by PTOs as scheduled by the ISO.
At 9:34 a.m., it was moved by McCormick and seconded by Maisano
to open the public hearing for public comment. Motion carried,
4-0.
Steve L'Ecluse of Bandini Truck Terminal, Inc. inquired what the
consequences and monetary impact would be should the Council not
approve the resolutions. In response, Fandino explained that as
a PTO, the City is required and therefore must comply. However,
if the City chooses not to participate with the ISO it must find
alternative ways to transmit power to the City which will be at
a much greater cost.
Hearing no other comments, at 9:37 a.m., it was moved by Ybarra
and seconded by McCormick to close the public hearing. Motion
carried, 4-0.
a. Resolution No. 2012-203 - A Resolution of the City
Council of the City of Vernon Adopting a New
Transmission Revenue Requirement for 2013 in
Accordance with Vernon's Transmission Owner Tariff and
Providing for Tariff Sheet Changes to Implement the
Adjustment
b. Resolution No. 2012-204 - A Resolution of the City
Council of the City of Vernon Establishing a
Transmission Revenue Balancing Account Adjustment for
2013 in Accordance with Vernon's Transmission Owner
Tariff and Providing for Tariff Sheet Changes to
Implement the Adjustment
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November 6, 2012
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-203 and Resolution No. 2012-204. 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. Minutes Approval
a. Minutes of the Regular Council Meeting held August 21,
2012, to be received and filed.
2. Warrant Registers
a. Approval of City Warrant Register No. 1367, totaling
$1,038,387.51, which covers the period of October 9,
through October 29, 2012, and consists of the
following:
1. Ratification of wire transfers totaling
$288,273.35; and
2. Ratification of the issuance of early checks
totaling $427,906.64; and
3. Authorization to issue pending checks totaling
$322,207.52.
b. Approval of Light & Power Warrant Register No. 332,
totaling $5,315,729.15, which covers the period of
October 9, through October 29, 2012, and consists of
the following:
1. Ratification of wire transfers totaling
$4,975,194.27; and
2. Ratification of the issuance of early checks
totaling $8,236.08; and
3.Authorization to issue pending checks totaling
$332,298.80.
c. Approval of Gas Warrant Register No. 120, totaling
$1,474,533.47, which covers the period of October 9,
through October 29, 2012, and consists of the
following:
1. Ratification of wire transfers totaling
$1,410,235.03; and
2. Ratification of the issuance of early checks
totaling $19,784.56; and
3. Authorization to issue pending checks totaling
$44,513.88.
3. City Clerk Department
a. Commission and Committee Appointments List as required
by the Maddy Act.
4. Fire Department
a. Activity Report for the period of October 1, through
October 15, 2012, to be received and filed.
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5. Human Resources
a. Resolution No. 2012-205 - A Resolution of the City
Council
Premiums
Benefits
of the City of Vernon Approving the Payment of
for Insurance for Medical, Dental, and Life,
for Employees During the 2013 Calendar Year
6. Police Department
a. Activity Log and Statistical Summary of Arrest and
Activities for the period of October 1, through
October 15, 2012, to be received and filed.
RESOLUTION
1. City Administration
a. Resolution No. 2012-206 - A Resolution of the City
Council of the City of Vernon Appointing Members to
Represent the City of Vernon on the Board of Directors
of County Sanitation District No. 23 and Restating and
Confirming the Appointment of Members and Alternate
Members to Represent the City of Vernon on the Board
of Directors of County Sanitation District Nos.
1 and 2
City Administrator Mark Whitworth noted that now that a Mayor
has been elected, Mayor Davis is the Appointed Member for County
Sanitation Districts No. 1 and 2, leaving a vacancy for the
Alternate in District No. 1.
Mayor Davis noted that Councilmember McCormick is the existing
Alternate for County Sanitation District No. 2 and shall
maintain said position.
Mayor Davis nominated Councilmember Ybarra as the Alternate for
County Sanitation District No. 1. It was moved by McCormick and
seconded by Maisano to approve Resolution No. 2012-206 and
appoint Ybarra as the Alternate for District No. 1. Motion
carried, 4-0.
b. Resolution No. 2012-207 - 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 Schedule No. XIII (Office of the City
Attorney) of the Personnel Resolution (Amendment
No. 2)
City Administrator Mark Whitworth advised that the
recommendation would address the reorganizational need in the
City Attorney's Department. Outside legal counsel has been
identified as a substantial cost to the City. Other positions
in the City Attorney's Department have been at extremely high
salaries. It is important to address the need for additional
in-house counsel. Whitworth opined that hiring employees under
the proposed Deputy City Attorney position would be at a lower
cost, address the department's needs, and minimize outside
counsel.
It was moved by McCormick and seconded by Ybarra to approve
Resolution No. 2012-207. Motion carried, 4-0.
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2. City Clerks
Interim City Clerk, Dana Reed advise
208 through 2012-211, are routine in
the calling of the General Municipal
9, 2013.
a. Resolution
Council of
the Holding
Election to
Election of
Provisions
b. Resolution
Council of
Regulations
Pertaining
Voters at a
Election
d that Resolution Nos. 2012-
nature as they pertain to
Election to be held April
No. 2012-208 - A Resolution of the City
the City of Vernon, California, Calling
of an All Mail Ballot General Municipal
be Held on Tuesday, April 9, 2013, for
Certain Officers as required by the
of the Charter of the City of Vernon
for
the
No. 2012-209 - A Resolution of the City
the City of Vernon, California, Adopting
for Candidates for Elective Office
to Candidate Statements Submitted to the
ny General Municipal or Special Municipal
c. Resolution No. 2012-210 - 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 General Municipal Election to be Held
on Tuesday, April 9, 2013
d. Resolution No. 2012-211 - 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 the General Municipal Election to
be Held on Tuesday, April 9, 2013
It was moved by Ybarra and seconded by Maisano to approve
Resolution No. 2012-208, Resolution No. 2012-209, Resolution No.
2012-210, and Resolution No. 2012-211. Motion carried, 4-0.
e. Resolution No. 2012-212 - A Resolution of the City
Council of the City of Vernon Amending Resolution No.
9542 by Amending Section 10 of Said Resolution
Respecting Vacation Policies for Employees of the City
of Vernon and Repealing All Resolutions in Conflict
Therewith
Interim City Clerk, Dana Reed explained that in negotiating City
Attorney, Nicholas Rodriguez' contract, it was identified that
the City's policy for management personnel is less attractive
than that of other cities. In an effort to become more
competitive, the recommendation is to establish specific
vacation, sick leave, and administrative leave for management.
Reed clarified that management personnel do not receive overtime
and that the proposed policy would not create additional
expenditures. The total hours would be capped at 480 with no
accruals thereafter.
Councilmember Ybarra disagreed with the total hours, and
questioned whether more vacation time should be provided
considering the City's financial situation. He explaining that
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November 6, 2012
Vernon's four -day work week was an attractive component and
inquired whether this was factored into the study.
In response, Reed advised that regardless of the work week
structure, 40 hours is the regular amount of hours worked per
week in all cities.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-212. Motion carried, 3-1 with Ybarra in
opposition.
3. Community Services and Water Department
Resolution Nos. 2012-213 and 2012-214 were addressed at the same
time.
a. Resolution No. 2012-213 - A Resolution of the City
Council of the City of Vernon Authorizing the Director
of Community Services & Water to Execute the Right -of -
Way Certification on Behalf of the City for Federal
and State Funded Projects
b. Resolution No. 2012-214 - A Resolution of the City
Council of the City of Vernon Authorizing the Issuance
of a Notice Inviting Sealed, Competitive Bids for the
Replacement of City Hall Chiller Unit
Director of Community Services and Water, Kevin Wilson explained
that the request to authorizing the Director to execute the
Right -of -Way Certification on behalf of the City for federal and
state funded projects, stemmed from the state's request that
whomever signs be authorized to sign.
Secondly, Wilson reported that the air conditioning unit has
been out of order for the past two weeks. Repairs for the 30
year -old unit are estimated at $75,000. Wilson recommends the
replacement of the unit entirely and is recommending a
competitive bid process to obtain quotes.
It was moved by Ybarra and seconded by Maisano to approve
Resolution No. 2012-2013 and Resolution No. 2012-214. Motion
carried, 4-0.
4. Finance Department
Resolution Nos. 2012-215 and 2012-216 were addressed at the same
time.
a. Resolution No. 2012-215 - A Resolution of the City
Council of the City of Vernon Amending Resolution No.
2011-203 Concerning the Terms of Repayment of Certain
City of Vernon Interfund Loans
b. Resolution No. 2012-216 - 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 Macias, Gini &
O'Connell, LLP for Professional Auditing Services
Finance Director, Rory Burnett explained that the amendment to
Resolution No. 2011-203 will place a more realistic payback
schedule from the General Fund to the Light & Power Department.
The terms of repayment will be extended from 15 months to 120
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November 6, 2012
months, but advised that the City has many other obligations and
the debt needs to be managed. This will provide a reasonable
plan for all parties.
Burnett reported on the agreement between Macias, Gini &
O'Connell, LLP ("MGO"). MGO has been the City's auditing firm
since 1999 and are well versed with Vernon. MGO is a leading
auditing firm; their fee has been capped at $240,000, which
Burnett opined is reasonable.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-215 and Resolution No. 2012-216. Motion
carried, 4-0.
5. Human Resources Department
a. Resolution No. 2012-217 - A Resolution of the City
Council of the City of Vernon Amending Resolution No.
2012-188 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
Human Resources Director, Teresa McAllister advised that the
previously adopted resolution regarding the continued payment of
premiums for medical -dental insurance for retired employees was
met with apprehension. The concern.was dependent insurance
coverage. It is recommended that the resolution be amended to
include dependents. The expense remains at no more than $1,000
towards medical insurance premiums. The recommendation will
also be extended to the safety groups, which can choose said
option at their discretion in addition to the benefits outlined
in their respective Memorandums of Understanding.
McAllister specified that the benefits will only apply to those
that retire within fiscal year 2012-2013 and are not vested.
In response to Vice Chairperson McCormick, McAllister advised
that the monetary obligation will be up to the $1,000 per month.
McAllister further explained the tiered structure to include
those with less than 20 years of service.
It was moved by Ybarra and seconded by McCormick to approve
Resolution No. 2012-217. Motion carried, 4-0.
6. Light & Power Department
Resolution Nos. 2012-218 through 2012-220 were addressed at the
same time.
a. Resolution No. 2012-218 - 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 Rolls Wood Group
(Repair & Overhauls) Ltd for Repair of Rolls-Royce Gas
Generator Type 571-KA
b. Resolution No. 2012-219 - A Resolution of the City
Council of the City of Vernon Accepting the Bid of
Enduro Pipeline Services, Inc., and Approving and
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Authorizing the Execution of a Services Agreement by
and between the City of Vernon and Enduro Pipeline
Services, Inc., for the Natural Gas Transmission
Pipeline In Line Inspection
c. Resolution No. 2012-220 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of an Amended and Restated
Transmission Control Agreement Among the California
Independent System Operator Corporation, the
Participating Transmission Owners and Prospective New
Participating Transmission Owners
Director of Light & Power, Carlos Fandino reported that the
small turbine at the Malburg Generating Station needs to be
rebuilt. Fandino advised that Rolls Wood Group has the ability
to make the necessary repairs. It is recommended that the
turbine be shipped to Scotland and that Peter Hervish also make
the trip to witness and oversee the repairs.
The cost is not to exceed $330,407 without written
authorization. Fandino explained that the turbine provide
fiscal relief to the City, as revenues are provided from the
California Independent System Operator. The payback period is
estimated at 1.5 years.
Fandino reported that Enduro Pipeline Services, Inc. was the
lowest bidder for the natural gas transmission pipeline in -line
inspection. The request for proposals specified that bids not
exceed $100,000; Enduro bid $64,000. Fandino explained that the
inspection is a Department of Transportation requirement, which
must be conducted every seven years. Enduro would specifically
provide the PIG launchers.
Fandino reported on the amended and restated Transmission
Control Agreement which would add two new participating
transmission owners; Valley Electric Associations, Inc. and City
of Colton. Fandino clarified that the amendment would have no
financial impact to the City.
In response to Mayor Davis' inquiry on the shipping time for the
turbine, Fandino responded that the shipping will be expedited
and that the turbine will arrive within a week. Rebuilding will
take approximately a month. Fandino anticipates the repairs
will add 15-20 years of life to the turbine.
It was moved by McCormick and seconded by Maisano to approve
Resolution No. 2012-218, Resolution No. 2012-219, and Resolution
No. 2012-220. Motion carried, 4-0.
7. Police Department
Resolution Nos. 2012-221 and 2012-222 will be addressed
together.
a. Resolution No.
Council of the
Authorizing the
"Avoid the 100
by and between
Gardena Police
2012-221 - A Resolution of the
City of Vernon Approving and
Execution of an Agreement for
DUI Campaign (West) Los Angeles
the Vernon Police Department an
Department
City
the
County"
d the
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b. Resolution No. 2012-222 - 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 Organized Crime
Drug Enforcement Task Forces Regarding Reimbursement
for Overtime and Other Authorized Expenditures for
Fiscal Year 2012-2013
Interim Police Chief, Daniel Calleros requests authorization tc
participate in the "Avoid the 100 DUI Campaign (West) Los
Angeles County." He advised that the City receives grant funds
through the program as well as reimbursement on overtime costs
for staff. The City has participated in previous years. The
campaign is an effort to reduce DUI incidents and raise public
awareness.
Calleros request the approval of the agreement with the
Organized Crime Drug Enforcement Task Forces, advising that one
detective is currently assigned to the force, and is eligible
for overtime reimbursement for up to $25,000.
It was moved by Ybarra and seconded by McCormick to approve
Resolution No. 2012-221 and Resolution No. 2012-222. Motion
carried, 4-0.
DISCUSSION ITEMS
1. Mayor selection of a Vernon resident to fill the unexpired
term for a vacant position on the Vernon Housing
Commission, to be ratified by the City Council.
City Administrator, Mark Whitworth advised that per the City
Code, the Mayor is required to fill vacancies in the Vernon
Housing Commission. Whitworth reported that Commissioner
Gabriel Early had resigned, and that staff has three potential
candidates on file.
Mayor Davis selected to appoint John Kriste to fill the vacancy
on the Vernon Housing Commission. It was moved by McCormick and
seconded by Maisano to ratify the Mayors appointment. Motion
carried, 4-0.
ORAL REPORTS
Interim Police Chief, Daniel Calleros reported on two attempted
armed robberies that occurred on October 26, 2012. In both
instances the suspect demanded the victims' wallets and cellular
phones. The suspect fled on both occasions. Officers located
video footage from an adjacent business and will be sharing the
information with local police agencies.
On November 4, 2012, a strong arm robbery was reported in the
McDonalds' parking lot. Two victims where confronted by three
suspects, their personal items were taken. Although Officers
identified the suspect vehicle, it evaded police until it
collided with another vehicle at the intersection of Alameda
Street and Vernon Avenue. Suspects then fled on foot. One
suspect was apprehended, the remaining two suspects remain at
large,
The City of Bell reported a similar incident involving the same
suspect vehicle. It is believed that the suspects were involved
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November 6, 2012
in other robberies in the southeast area. Information will be
shared with local agencies.
Calleros reported that on October 30, 2012, three Vernon
officers assist Huntington Park Police Department ("HPPD") with
service calls in order to allow HPPD staff to attend funeral
services for a retired police lieutenant. HPPD was grateful for
the assistance.
Calleros advised that Officers will be conducting a bait
operation, in hopes of arresting suspects committing auto
burglaries within the City. He noted a steady increase in auto
related burglaries within the last few months.
Captain James Rodino reported vandalism at LA Junction on
October 22, 2012, that resulted in four arrests. He advised
that the two vandalisms previously reported have been resolved.
Assistant Fire Chief, Andrew Guth reported that most responses
have been routine in nature. The training focus for the month
of November is confined space. The Department will be
conducting its second night drill as part of the Class 1 rating.
Guth reported the completion of the mobile data computer project
which was funded through grants. He thanked the Council for the
City's participation in Breast Cancer Awareness Month, and
thanked Mobile Oil for their thousand dollar donation to the
paramedics program.
Director of Light & Power, Carlos Fandino reported on outages.
On October 17, 2012, a bird caused an outage and damages to the
power pole were sustained. On October 18, 2012, a vehicle
collided with a power pole; the pole had minor damages and there
was no interruption of service. On November 5, 2012, another
vehicle collision incident involving a power pole was reported.
The pole sustained major damages and was subsequently replaced.
Fandino reported on his intent to meet with the California
Energy Commission to discuss the renewable portfolio standards'
Bucket 1 requirements as they relate to bio methane's
applicability. He announced that he will not be able to attend
the next City Council meeting.
Fandino reported on his plan to attract new businesses to Vernon
through a rebate program, and the development of a
sustainability plan for the next 5 years. A department study,
to be conducted by Crossborder, will provide the data to
determine how much can be given back without affecting the
Department's fixed obligations. Fandino is looking at
potentially offering internet and gas services at reduced rates.
Fandino reported the commencement of Phase 2 of the Fruitland
project. The project was mastermind by Fiber Optics/Internet
System Manager, Ali Nour as a way to save money.
Fandino announced that the meeting for the Advisory Committee on
Electric Rates was adjourned due to a lack of quorum on October
17, 2012. Rather, an informal discussion was held, with present
committee members, on ways to subsidize the renewable portfolio
standard pass -through cost to customers. Fandino reported that
the Department is looking at a potential Rate Stabilizing Fund.
The next Committee meeting is scheduled for December 6, 2012.
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Chief Deputy Director for the Health Department, David LeDuff
reported on the CUPA audit which had favorable reviews but noted
some deficiencies.
Director of Community Services and Water, Kevin Wilson reported
on the comments made on the stormwater permits. The Board's
actions were unfavorable in that additional requirements were
added. Wilson hopes that the permitting process will not be
approved and that the Board considers the financial consequences
and makes appropriate revisions.
Wilson announced the cancellation of the Advisory Committee on
Business Development meeting in November but advised that the
regularly scheduled meeting in December will be held.
Assistant to City Administrator, Alex Kung reported that the
Oversight Board to the Successor Agency to the Redevelopment
Agency met on November 1, 2012. The Successor Agency meeting
will hold its meeting, immediately following this City Council
meeting.
Interim City Clerk, Dana Reed announced that the ethics training
will be conducted during the next City Council meeting after
taking care of regular business items.
City Administrator, Mark Whitworth advised that the Vernon
Housing Commission will be discussing tenant issues, conducting
the housing lottery, reviewing the unit -to -unit transfer policy,
and considering the recommendation for a third -party property
management firm at its next meeting.
Whitworth advised that Public Information Officer, Fred
McFarlane is working with staff on the next issue of the Vernon
Quarterly. Staff is working on general fund revenue proposals
for the April 2013 election, which may include a business
license increase, utility user tax, and special parcel tax.
Ongoing discussions with stakeholders continue in an effort to
alleviate the general fund's reliance on the Light & Power
Department.
Whitworth announced that bids for the sale of the water rights
are due by November 8, 2012, at 2:00 p.m. He reported on the
search firm process for the Finance Director and Police Chief.
The City later intends to conduct the same process for the City
Clerk and Fire Chief positions. He reported that recently
elected Councilmember Luz Martinez had prior engagements and was
not unable to attend the Council meeting.
In response to Councilmember Ybarra's inquiry on the housing
lottery, Whitworth advised that if an Expression of Interest
Form had been previously submitted, that the party will be
included in the December lottery. Assistant to City
Administrator, Kristen Enomoto noted that the form is valid for
one calendar year, meaning that one will need to be completed in
2013 to be included in the 2013 lotteries.
At 10:34 a.m., it was moved by McCormick and seconded by Maisano
to recess the City Council meeting in order to address the
matters on the Successor Agency Agenda. Motion carried, 4-0.
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At 11:00 a.m. the Council reconvened to address the remaining
matters on the City Council agenda.
CLOSED SESSION
At 11:00 a.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 (2)
Government Code Section 54956.9(a)
Case Name: Newmire vs. Yamaguchi, et al.
Case Number: LASC Case No. BS 137310
Case Name: Bellamy vs. Davis, et al.
Case Number: LASC Case No. BS 138899
2. CITY COUNCIL CONFERENCE
Government Code Section 54957(b)(1)
Public Employee Employment: City Administrator
3. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION
Significant exposure to litigation
Government Code Section 54956.9(b)(3)(C)
Number of potential cases: 2
The City has received two claims for damages pursuant to
the Tort Claims Act. The claims are available for public
inspection.
At 11:31 a.m. it was moved by McCormick and seconded by Ybarra,
that the City Council exit closed session. Motion carried, 4-0.
City Attorney, Nicholas Rodriguez reported that there was no
reportable action for items nos. 1 and 2; furthermore, two
claims were denied under closed session item no. 3: Jose Luis
Guerra and Knitsoft, Inc. and Drysoft, Inc.
At 11:32 a.m., it was moved by McCormick and seconded by
Maisano, that the meeting be adjourned. Motion carried.
r
William J. Davi
Mayor
A TE T:
t
,Y
Da Reed
Interim City Clerk
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