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20121120 Regular City Council Meeting - MinutesMINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, THE SPECIAL MEETING OF THE CITY COUNCIL, AND THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 20, 2012, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Maisano, Ybarra, Martinez MEMBERS ABSENT: None The Special Joint Meeting of the City Council and Successor Agency to the Redevelopment Agency ("Successor Agency") and the Special Meeting of the City Council was called to order at 8:30 a.m. by Mayor Davis. 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 and/or Successor Agency on the Special Meeting portion of the agenda, that is, closed session only. No one responded. CLOSED SESSIONS (TO BE HEARD AT 8:30 A.M. AND/OR AT THE CONCLUSION OF THE REGULAR MEETING) At 8:30 a.m. it was moved by McCormick and seconded by Maisano that the City Council and Successor Agency go into closed session to discuss the items listed under closed session. Motion carried, 5-0. 1. CITY COUNCIL AND SUCCESSOR AGENCY TO VERNON REDEVELOPMENT AGENCY, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Government Code section 54956.9(b)(3)(A) Number of potential cases: 1 2. CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (3) 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 Case Name: Bruce Malkenhorst, Sr. vs. California Public Employees' Retirement System, et al. Case Number: OCSC Case No. 30-2012-00588466 3. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 4. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representatives: Mark Whitworth, Teresa McAllister Employee Organizations: Vernon Police Management Association, Vernon Fireman's Association, Vernon Police Officers' Benefit Association (Employee Group 2), Vernon Fire Management Association, Unrepresented Management, Top, Middle and. Professional Employees, Unrepresented Technical & Administrative Employees, and Non -Represented Employees 5. CITY COUNCIL 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. The claim is available for public inspection. 6. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Dana Reed Employee: City Administrator At 9:03 a.m. it was moved by McCormick and seconded by Maisano, that the City Council and Successor Agency exit closed session. Motion carried, 5-0. City Attorney, Nicholas Rodriguez announced that Item No. 6 was not heard, but will be addressed at the conclusion of the Regular City Council meeting. There was no reportable action for the Item No. 1, the joint item between the City Council and Successor Agency. Item No. 2; there is no reportable action on the Bruce Malkenhorst case; however, Rodriguez reported that the Newmire case was dismissed and that the Bellamy case was settled for $5,000 as nuisance value in spite of the City's denial of liability. There were no reportable actions for Item Nos. 3 through 5. At 9:04 a.m. the Special Joint Meeting of the City Council and Successor Agency and the Special Meeting of the City Council was adjourned, as the Council continued on to the Regular City Council Meeting. **************************************************************** Mayor Davis called the Regular City Council meeting to order. Mayor Pro-Tem McCormick led the flag salute. Page 2 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 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. CONSENT CALENDAR Councilmember Ybarra sought clarification on Item No. 3 as it relates to the Claim for Damages for Bruce Malkenhorst, Sr. The item was removed from the Consent Calendar and will be addressed immediately after the Consent Calendar. It was moved by McCormick and seconded by Maisano, to approve the remaining matters on the Consent Calendar as recommended. Motion carried, 5-0. 1. Minutes Approval a. Minutes of the Regular Council Meeting held September 4, 2012, to be received and filed. b. Minutes of the Regular Council Meeting held September 18, 2012, to be received and filed. 2. Warrant Registers a. Approval of Payroll Warrant Register No. 677 September 9, through October 6, 2012, and consists of the following: 1. Ratification of direct deposits, checks and taxes totaling $1,927,301.83; and 2. Checks and electronic fund transfers (EFTs) through the General bank account totaling $731,395.70. b. Approval of City Warrant Register No. 1368, totaling $1,019,755.32, which covers the period of October 30, through November 12, 2012, and consists of the following: 1. Ratification of wire transfers totaling $544,582.06; and 2. Ratification of the issuance of early checks totaling $278,535,65; and 3. Authorization to issue pending checks totaling $196,637.61. c. Approval of Light & Power Warrant Register No. 333, totaling $871,760.47, which covers the period of October 30, through November 12, 2012, and consists of the following: 1. Ratification of wire transfers totaling $535,141.15; and 2.Ratification of the issuance of early checks totaling $208,535.04; and 3.Authorization to issue pending checks totaling $128,084.28. Page 3 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 d. Approval of Gas Warrant Register No. 121, totaling $459,152.46, which covers the period of October 30, through November 12, 2012, and consists of the following: 1. Ratification of wire transfers totaling $405,103.60; and 2. Ratification of the issuance of early checks totaling $17,290.29; and 3. Authorization to issue pending checks totaling $36,758.57. 3. City Attorney Department - REMOVED 4. Community Services a. Building Department Report for the month of October 2012, to be received and filed. 5. Fire Department a. Activity Report for the period of October 16, through October 31, 2012, to be received and filed. 6. Health Department a. October 2012 Monthly Report, to be received and filed. 7. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of October 16, through October 31, 2012, to be received and filed. Removed Consent Calendar (Item No. 3): Claim for Damages - Denial of claim for damages -- Bruce Malkenhorst, Sr. - Recommendation. It is recommended that the City Council deny the October 4, 2012, claim for damages of Bruce Malkenhorst, Sr., in which he seeks from Vernon the amount of any pension reduction by CalPERS as well as attorney's fees for his proceedings against CalPERS. City Attorney, Nicholas Rodriguez reported that on October 4, 2012, the tort claim was received. Malkenhorst Sr. is the largest CalPERS recipient and CalPERS intends to reduce his pension. Malkenhorst Sr. is seeking reimbursement on any pension reduction and attorney fees from the City, as he opines his past employee contracts allow for the compensation. Rodriguez recommends the claim be denied entirely. It was moved by McCormick and seconded by Ybarra to deny the claim for damages of Bruce Malkenhorst, Sr. Motion carried, 5-0. Page 4 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 RESOLUTION 1. City Administration Department Resolutions Nos. 2012-223 and 2012-224 were addressed at the same time. a. Resolution No. 2012-223 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Twenty -Fifth Amendment to the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate By and Between the City of Vernon and Xebec Realty Partners, Inc. for Property Located at 5119, 5201 and 5241 District Boulevard and 4601 East 52nd Drive b. Resolution No. 2012-224 - A Resolution of the City Council of the City of Vernon Accepting the Bid of the City of Norwalk -Norwalk Municipal Water System and Approving and Authorizing the Execution of a Purchase and Sale Agreement and Escrow Instructions By and Between the City of Vernon and the City of Norwalk - Norwalk Municipal Water System for the Sale of 500 Acre -Feet of Water Rights in the Central Basin City Administrator, Mark Whitworth reported on the amendment for the sale of the property known as the Thermador site. He advised that the amendment addresses the final price as well as issues with a neighboring property. Assistant to City Administrator, Alex Kung reported that the deal was originally for ten acres, but was reduced to eight. The City will be using the remaining two acres for its housing project. Kung noted that the original buyer has changed from Z- Beck to Bell Air. The proposed end user is Bon Appetite. During the due diligence review, some remediation was identified. A cap for remediation expenses has been set at $254,000. Kung reported that concerns over a neighboring property were addressed, as clean up has been requested by the Health Department on said site. Kung reported on the bids received for the sale of 500 acre feet of water rights. He noted that the City of Norwalk was the highest bidder at $12,000 per acre feet. He requested that Council approve the bid and move forward with sale. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-223 and Resolution No. 2012-224. Motion carried, 5-0. 2. City Clerk Department a. Resolution No. 2012-225 - A Resolution of the City Council of the City of Vernon Amending the Conflict of Interest Code for the City of Vernon that Incorporates By Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission Interim City Clerk, Dana Reed advised that the City is required to conduct a biannual review of its Conflict of Interest Code, which staff has done, and now request Council approval. Page 5 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-225. Motion carried, 5-0. 3. Community Services and Water Department Resolutions Nos. 2012-226 through 2012-229 were addressed at the same time. a. Resolution No. 2012-226 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment for the Properties Located at 2825-2831 Santa Fe Avenue in the City of Vernon b. Resolution No. 2012-227 - A Resolution of the City Council of the City of Vernon Approving a Building Code Variance to On Santa Fe Partners, LLC. from Table 705.8 of the California Building Code, for the Property Located at 2825-2831 Santa Fe Avenue c. Resolution No. 2012-228 - A Resolution of the City Council of the City of Vernon Accepting the Bid of General Pump Company, Inc. and Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and General Pump Company, Inc. for Emergency Removal, Repair, and Reinstallation of Well and Booster Motor Pumps d. Resolution No. 2012-229 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Kronick Moskovitz Tiedemann & Girard and Approving and Authorizing the Execution of an Attorney Services Agreement By and Between the City of Vernon and Kronick Moskovitz Tiedemann & Girard for Legal and Related Services for the Proposed Housing Development Director of Community Services and Water, Kevin Wilson presented on the proposed lot line adjustment for the properties located at 2825-2831 Santa Fe Avenue. He explained that the adjustment would create two new parcels from four existing parcels. Wilson reported on the variance request for the same property location. He explained that the lot line adjustment creates a violation of the building code as it relates to fire access lane. Wilson reported that a request for proposals for emergency removal, repair, and reinstallation of well and booster motor pumps was conducted. Only one proposal was received. General Pump Company has worked with the City for a number of years. Wilson recommends the acceptance of the bid proposal. Wilson reported on the request for proposals for legal counsel to oversee the housing development agreement, assistance with the zoning ordinance, and oversee the supplemental environmental impact report for the general plan update. He reported that four bids were received, and that Kronick Moskovitz Tiedemann & Girard is recommended, as they were selected as the most qualified. Page 6 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 John Gets of Kronick Moskovitz Tiedemann & Girard advised that he is excited to work on the project and reported on his various career experiences. It was moved by McCormick and seconded by Martinez to approve Resolution No. 2012-226, Resolution No. 2012-227, Resolution No. 2012-228, and Resolution No. 2012-229. Motion carried, 5-0. 4. Human Resources Department Resolutions Nos. 2012-230 and 2012-231 were addressed together. a. Resolution No. 2012-230 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Cafeteria Plan Adoption Agreement and a Business Associate Agreement By and Between the City of Vernon and Igoe Administrative Services b. Resolution No. 2012-231 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Personnel Policies and Procedure Manual and New Policies Relating to Employment with the City and Employee Work Environment Human Resources Director, Teresa McAllister reported that Igoe Administrative Services offers cafeteria plans to employees. As a result of the Patient Protection and Affordable Care Act of 2012, flexible spending accounts, which are pre -taxed, are limited to $2,500 starting in 2013. McAllister advised that the proposed agreement will comply with the new IRS regulations. McAllister further noted that the dependent care will remain at $5,000. McAllister advised that in line with good governance, Human Resources was asked to conduct a comprehensive review of employee policies and procedures. She advised that the proposed polices will address changes in the law and provide for a clear interpretation of policies and avoid inconsistencies. McAllister reported that the City Attorney's office is working on an ordinance for a merit based personnel system. She clarified that the proposed policies do not create or imply contracted or vested rights. It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-230 and Resolution No. 2012-231. Motion carried, 5-0. NEW BUSINESS 1. Approval of Change Order No. 1 extending the Service Agreement for Annual Emergency Motor Repairs with Littlejohn-Reuland Corporation for one year, effective January 1, 2013. Director of Community Services and Water, Kevin Wilson reported that the cost remains the same, and that the vendor is under contract. Page 7 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 It was moved by McCormick and seconded by Maisano to approve Change Order No. 1 for Littlejohn-Reuland Corporation. Motion carried, 5-0. 2. Authorization to reclassify Michael Gavina as a Business Representative on the Sustainable Development and Energy Efficiency Commission. Recommendation for the Mayor to select David Honda to fill the unexpired term of a vacant seat on the Commission, and be classified as an Environmental Justice Representative; selection to be ratified by the City Council. Director of Health and Environmental Control, Leonard Grossberg reported on the vacancy in the Sustainable Development and Energy Efficiency Commission. He advised that David Honda is recommended as the new member but that the reclassification of Commissioner Michael Gavina to Business Representative would be necessary to meet the required category classifications. Mayor Davis concurred with the recommendation to appoint David Honda to the Commission and reclassify Commissioner Gavina. It was moved by Ybarra and seconded by Martinez. Motion carried, 5-0. 3. Authorization to reschedule the January 1 and 15, 2013 regular City Council meetings to January 8 and 22, 2013, respectively, due to the New Year's holiday. Interim City Clerk, Dana Reed reported on the recommendation, advising that the regularly scheduled January 1, 2013, City Council meeting falls on a holiday. It was moved by McCormick and seconded by Maisano to reschedule the January 1 and 15, 2013 regular City Council meetings to January 8 and 22, 2013. Motion carried, 5-0. ORAL REPORTS Interim Police Chief, Daniel Calleros reported that on November 7, 2012, officers performed CPR on a man who was in full cardiac arrest. Upon arrival, Vernon fire paramedics continued with life saving measures. The man did eventually regain a pulse and was transported to the emergency room for further treatment. Calleros noted that the incident is a testament to the defibrillator program and how the devices have enhanced safety personnel's ability to save lives in the community. On November 16, 2012, a wanted felony vehicle was identified by the City's fixed license plate reader system. Patrol officers quickly located the vehicle in the in the area of Bandini Avenue and Soto Street. The occupants of the vehicles were wanted for questioning regarding an armed robbery that occurred in the City of South Gate. South Gate Officers responded and took custody of the two occupants. On November 15, 2012, Petrelli Electric reported theft of copper wire at their vacant building located at 3317 E. 50th Street. The suspects also managed to remove the lids from two transformers. Calleros recalled that in January 2012, patrol officers arrested a subject for copper theft at the same location. Detectives will be following up to determine whether Page 8 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 the arrest made earlier in the year can be linked to the recent theft. Calleros announced that patrol officers will be conducting a bait operation during the week in hopes of identifying and detaining individuals involved in recent auto burglaries. He recalled his report at the last Council meeting, where it was noted that there has been an increase in auto related burglaries. Lieutenant Jerry Winegar reported on vandalism where a local business' security guard painted the street curb red. Community Services Department will be working with the company to address their concerns. Assistant Fire Chief, Andrew Guth noted an increase in routine service calls. He reported that personnel responded to a fire in Montebello. The training focus for the month of November continues to be confined space. Ten personnel attended a Rescue 2 exercise which was at no cost to the City. Approximately 30 students graduated from the C.E.R.T training. Wilson reported that the recent blood drive had 120 donors and yielded 90 units of blood for the Children's Hospital. Electric Resources Planning & Development Manager, Abraham Alemu reported on Light & Power Department items. Alemu reported on an outage on November 9, 2012, due to a balloon that lasted approximately 53 minutes. Alemu further reported on the robbery at Petrelli Electric on November 15, 2012. He added that the copper wire was not energized as the customer was getting ready to move in. Alemu advised that the Gas Department is working in the area of Bandini; construction will continue for the next six weeks in order to connect two new customers. Alemu reported on Director of Light & Power, Carlos Fandino's discussions with the California Energy Commission ("CEC") on bio methane use as it relates to renewable portfolio standards ("RPS"). Alemu advised that legislature had not specified the resources that would qualify for the Bucket 1 RPS. This will be determined by the CEC, potentially by April 2013. Director of Health and Environmental Control, Leonard Grossberg reported that the franchise trash haulers recommendation will be presented at the next Sustainable Development and Energy Efficiency Commission meeting. Director of Community Services and Water, Kevin Wilson reported that work on the rail roads was conducted over the weekend which created a bit of traffic, but that two projects were completed. Human Resources Director, Teresa McAllister reported that the City hosted informational meetings for employees on Ca1PERS reforms. Five sessions of health benefit information meetings were held. Open enrollment period will close on December 6, 2012. McAllister noted that there are no changes to the plans. Page 9 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 Group meetings for the PARS early retirement incentive program were held. Next, representatives will be meeting with employees individually. The deadline to participate in the PARS program is set for December 19, 2012. City Administrator, Mark Whitworth reported that as part of the WARN Act, the City received notice from Angelus Can that it will be shutting down its operations. Whitworth advised that the announcement had been expected as the Oversight Board to the Successor Agency to the Redevelopment Agency is entertaining offers for the sale of the property. Whitworth reported on the City's pursuit to address the general fund deficit by cutting expenditures. He advised that possible tax measures for the April 2013 election are being discussed with various interest groups. Proposed business license increase, utility user tax, and special parcel tax are designed to affect all but in small increments. He announced that the public hearing for proposed measures to be placed on the ballot is set for January 8, 2013. A notice for said hearing will be published in the Vernon Sun. Whitworth announced that interviews for the Finance Director and Police Chief with the City Council will be scheduled in early December. He reported that negotiations are underway with the Hawkins Company with a slightly reduced rate for the search of a City Clerk and Fire Chief. 1. AB1234 Ethics Training Presented by Reed & Davidson, LLP. Interim City Clerk, Dana Reed, advised that by law, a two-hour presentation on Ethics training will be conducted. City Council, various members of Committees and Commissions, as well as City staff were in attendance. Reed administered the oath of office to new Commissioners David Honda and John Kriste during an intermission immediately preceding the ethics training. CLOSED SESSION - REVISITED At 11:52 a.m. it was moved by McCormick and seconded by Maisano that the City Council go into closed session to discuss the remaining item under closed session. Motion carried, 5-0. 6. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Dana Reed Employee: City Administrator At 12:26 p.m. it was moved by McCormick and seconded by Maisano, that the City Council exit closed session. Motion carried, 5-0. City Attorney, Nicholas Rodriguez reported that there was no reportable action for Item No. 6. Page 10 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes November 20, 2012 At 12:26 p.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. Reed rim City Clerk William J. Da is Mayor Page 11 of 11