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20121204 Regular City Council Meeting - MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL, AND THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 4, 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 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. Reed further clarified that an additional public comment will be allotted when the Council convenes for the Regular Council meeting. Mayor Davis inquired whether anyone in the audience wished to address the City Council on the Special Meeting portion of the agenda, that is, closed session only. No one responded. CLOSED SESSION (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 go into closed session to discuss the items listed under closed session. Motion carried, 5-0. 1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Government Code Section 54956.9(c) Number of potential cases: 2 2. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (1) Government Code Section 54956.8 Property: 4675 52nd Drive, Vernon, California Negotiators: Mark Whitworth, City Administrator; Samuel Kevin Wilson, Director of Community Services & Water; Jon Goetz, Kronick Moskovitz Tiedemann & Girard Under negotiation: Price and Terms of Payment At 9:02 a.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 announced that Item No. 3 was not heard, but will be addressed at the conclusion of the Regular City Council meeting. He reported that there was no reportable action for the Item No. 2. For Item No. 1, Rodriguez reported that Council authorized staff to retain the services of Richard Watson and & Gershon through a joint petition involving Special City Council and Regular City Council Meeting Minutes December 4, 2012 12 other jurisdictions to address the issues concerning the Clean Water Act. There was no reportable action for the second case listed under Item No. 1. At 9:04 a.m. the Special Meeting of the City Council was adjourned. **************************************************************** Mayor Davis called the Regular City Council meeting to order. Mayor Pro-Tem McCormick led the flag salute. Interim City Clerk, Dana Reed announced that Consent Calendar Item No. 4 concerning the update on the Maddy Act posting is removed from the consent Calendar, and will be heard immediately after the Consent Calendar. 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 1. Service Pin Awards Mayor Davis presented Firefighter Douglas Barker with a service pin for his many years of service. Records Technician Martha Parra, Fire Captain Daniel Armellini, Engineer Andrew Kroner, Firefighter/Paramedic Thomas Egan, and Fire Captain Todd Painton were acknowledged for their years of service as they were not able to attend the meeting. 2. Presentation of a check to the Susan G. Komen Foundation for the Cure - Los Angeles by the Vernon Firemen's Association. Fire Engineer Jason McEachran thanked the Council for the City's participation. McEachran summarized the Association's efforts and sale of breast cancer awareness bracelets in order to raise funds for education and research. McEachran presented a check to the Susan G. Komen Foundation for the Cure. A representative from the foundation advised that the money will help low income and those with no medical insurance with health care costs. CONSENT CALENDAR Interim City Clerk, Dana Reed reminded Council that Item No. 4 had been removed from the Consent Calendar. It was moved by McCormick and seconded by Ybarra, to approve the remaining matters on the Consent Calendar as recommended. Motion carried, 5-0. Page 2 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 1. Minutes Approval a. Minutes of the Regular Council Meeting held October 2, 2012, to be received and filed. 2. Warrant Registers a. Ratification of the following City Warrant Registers to record voided checks: 1. City Warrant Register No. 1361 to record voided check no. 338176 in the amount of $15.00; and 2. City Warrant Register No. 1361 to record voided check no. 338191 in the amount of $15.00; and 3. City Warrant Register No. 1363 to record voided check no. 338518 in the amount of $24.20; and 4. City Warrant Register No. 1365 to record voided check no. 338754 in the amount of $53.50; and 5. City Warrant Register No. 1365 to record voided check no. 338789 in the amount of $3,657.00; and 6. City Warrant Register No. 1365 to record voided check no. 338854 in the amount of $9,571.66; and 7. City Warrant Register No. 1366 to record voided check no. 338911 in the amount of $39.28; and 8. City Warrant Register No. 1367 to record voided check no. 339077 in the amount of $90.00; and 9. City Warrant Register No. 1363 to record voided check no. 338558 in the amount of $178.45. b. Ratification of Light & Power Warrant Register No. 326 to record voided check no. 509435 in the amount of $185.75. c. Approval of City Warrant Register No. 1369, totaling $226,867.43, which covers the period of November 13, through November 26, 2012, and consists of the following: 1. Ratification of wire transfers totaling $113,910.61; and 2. Ratification of the issuance of early checks totaling $26,681.96; and 3. Authorization to issue pending checks totaling $86,274.86. d. Approval of Light & Power Warrant Register No. 334, totaling $3,720,732.82, which covers the period of November 13, through November 26, 2012, and consists of the following: 1.Ratification of wire transfers totaling $3,634,709.75; and 2. Ratification of the issuance of early checks totaling $57.65; and 3.Authorization to issue pending checks totaling $85,965.42. e. Approval of Gas Warrant Register No. 122, totaling $26,578.37, which covers the period of November 13, through November 26, 2012, and consists of the following: Page 3 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 1. Ratification of the issuance of early checks totaling $13,697.98; and 2. Authorization to issue pending checks totaling $12,880.39. 3. City Attorney Department a. Approval of WestLaw Subscriber Agreement for access to on-line legal resources. - It is recommended that the City Council approve the execution of the Subscriber Agreement with WestLaw for online legal data base for a term of two years in an amount not to exceed $10,000 for the two year period. 4. City Clerk Department - REMOVED 5. Fire Department a. Activity Report for the period of November 1, through November 15, 2012, to be received and filed. 6. Light & Power Department a. July 2012 Resource Procurement Report, to be received and filed. 7. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of November 1, through November 15, 2012, to be received and filed. Removed Consent Calendar (Item No. 4): Updated Commission and Committee Appointments List as required by the Maddy Act, to be posted. City Administrator, Mark Whitworth announced that staff had received a correspondence from Commissioner Reno Bellamy resigning immediately from the Vernon Housing Commission. Whitworth recommended that the vacancy be included on the posting. It was moved by McCormick and seconded by Martinez to amend and approve the Maddy Act posting listing the new vacancy in the Vernon Housing Commission. Motion carried, 5-0. Interim City Clerk, Dana Reed advised that the Council will be meeting on December 5th and 6th for Special City Council meetings, and inquired whether the appointment to fill the vacancy should be addressed at either of the said meetings. He further advised that the next Regular City Council is December 18, 2012, but that the Housing Commission is scheduled to meet on December 12, 2012. Mayor Davis requested that the matter be agendized at the December 6, 2012, Special City Council meeting. Page 4 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 RESOLUTION 1. City Administration a. Resolution No. 2012-232 - A Resolution of the City Council of the City of Vernon Designating December 24, 2012, and December 31, 2012, as City Holidays and Directing Closure of the Public Offices of the City of Vernon on These Days City Administrator, Mark Whitworth advised that staff was given direction to investigate whether granting Christmas and New Year's Eve was feasible and legally allowed. Whitworth reported that Human Resources Director, Teresa McAllister met with bargaining groups, and researched other cities' practices. McAllister reported on her meetings with Police, Fire, and Management Associations. As a result of the meet and confer, McAllister reported that although the Memorandum of Understanding ("MOU") for the associations allowed for additional in -lieu holidays, groups have agreed to forego said benefit; ensuring that the City does not incur additional costs. It was noted that the Vernon Firemen's Association's MOU did not specify that in -lieu holidays should be granted, but that they too agreed to forego the additional benefit. In summary, Whitworth reiterated that the recommendation will have no financial impact to the City. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-232. Motion carried, 5-0. b. Resolution No. 2012-233 - A Resolution of the City Council of the City of Vernon Accepting the Bid of California Consulting, LLC and Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and California Consulting, LLC for the Function of Grant Coordinator City Administrator, Mark Whitworth reported that the recommendation would provide a revenue source for the City as well as surrounding communities, whose budgets are also limited. Assistance provided to outside communities will be part of the City's Community Benefit Fund. Independent Reform Monitor, John a good endeavor, and encouraged potential program funding. Van City Council meet with the Grant request that 6-month updates on resolution. Van de Kamp opined that this is internal coordination for de Kamp recommended that the Coordinator; and furthermore, progress be made part of the In interviewing with the firm, Whitworth noted that they had experience with Fire and Police services. The firm will meet with surrounding communities and get direction on which avenues to pursue. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2012-233. Motion carried, 5-0. Page 5 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 2. Community Services and Water Department a. Resolution No. 2012-234 - A Resolution of the City Council of the City of Vernon Approving and Accepting a Fire Lane Easement for Property Located at 2825-2831 Santa Fe Avenue and Approving and Authorizing the Execution of a Quitclaim Deed and Certificate of Acceptance in Relation Thereto Director of Community Services and Water, Kevin Wilson recalled the lot -line adjustment and variance request from the last Council meeting for property located at 2825-2831 Santa Fe Avenue. Wilson explained that currently the fire lane easement sits on the truck parking area. He recommends quitclaiming the existing and approving the new easement in order to reroute the fire lane around the truck parking space. It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-234. Motion carried, 5-0. ORDINANCES 1. Ordinance No. 1199 - An Ordinance of the City Council of the City of Vernon Adding Section 2.11-1 to Article III of Chapter 2 of the Code of the City of Vernon, California, 1959, Relating to Investigation, Denial and Settlement of Claims and Demands Against the City (first reading) City Attorney, Nicholas Rodriguez advised that under California law, claims must be filed with entities so that entities are not ambushed by litigation. Under the current Vernon Code, claims are filed with the City Clerk and are addressed under Closed Session. Rodriguez explained that the first issue with the current process is the lack of transparency. No general information or notice is provided to the public, as these matters are addressed in closed session. Secondly, the City Council is a legislative body who is concerned with policy matters; however, many of the claims received have no policy implications and are primarily administrative in nature. Rodriguez proposed that as claims are received, the claimant and the amount sought be posted on the agenda. If there are policy implications or litigation issues, the matter would be addressed under closed session. He further explained that the proposed ordinance would provide for administrative review and settlement by the Finance Director and/or City Attorney. It was moved by Maisano and seconded by Ybarra to approve the first reading of Ordinance No. 1199. A roll call vote was taken: - Councilmember Maisano, yes - Councilmember Martinez, yes - Councilmember Ybarra, yes - Mayor Pro-Tem McCormick, yes - Mayor Davis, yes Motion carried, 5-0. Page 6 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 2. Ordinance No. 1200 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon By Amending Article IV of Chapter 2, Sections 2.17 through 2.31 and Repealing All Ordinances or Parts of Ordinances In Conflict Therewith (first reading) Director of Community Services and Water, Kevin Wilson advised that the City has provisions for purchasing goods and services, but that it fails to provide clear guidance. The proposed ordinance has been circulated to all Department Heads and complies with Independent Reform Monitor, John Van De Kamp's recommendations to include an open and complete process, posting of bids on the City's website, agreement ending dates and expenditure caps, and a three year bidding process. Van de Kamp's recommendation to disallow rate increases during the contract is also included. The intent is to guard against favoritism and obtain the optimal value. City Attorney, Nicholas Rodriguez further added that the changes will provide clarity and consistency across all departments. He reported and explained the different types for selection: competitive bidding, competitive selection, qualification based, and informal selection. Rodriguez recommended that the process be given 6 month to completely phase in. The ordinance will establish non -collusion provisions and establish equal employment opportunities. Standardized templates that will include insurance requirements and indemnity will be presented to Council to be used throughout the City. Currently, agreements are approved through resolution; with the establishment of the new procedures, contracts will be approved by motion. Staff will also be required to provide more detail on the recommendations. More disclosure on the agendas will also be part of the new process. Additional, only agreements greater than $75,000 will be presented to Council. The City Administrator will have authorization to approve agreements under $75,000, only after they have been approved as to form by the City Attorney's Office. Rodriguez reported on the exemptions for competitive bidding, - which included: labor services rendered by one city department to another; unique services that can only be performed by one vendor, contracts for acquisition of real property, contracts for emergency work that would otherwise place a risk on health, life or property, and contracts with other government entities. Rodriguez noted that the effective d to for the new procedures is June 30, 2013, and that the interim will be a transitional period. Independent Reform Monitor, John Van proposed ordinance addresses his recc clarification on when the procedures response, Rodriguez explained that if within the scope of the new ordinance would go through the new process; oth through the old process, until June 3 e Kamp noted that the mendations. He sought ould take effect. In the request fell fully process then the request rwise the request would go 2013. Page 7 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 Van de Kamp recommended that the effective date be made clear, but commended the City on making changes in the right direction. He is please to be able to add this to his January 2013 report. It was moved by Ybarra and seconded by Maisano to approve the first reading of Ordinance No. 1200. A roll call vote was taken: - Councilmember Maisano, yes - Councilmember Martinez, yes - Councilmember Ybarra, yes - Mayor Pro-Tem McCormick, yes - Mayor Davis, yes Motion carried, 5-0. NEW BUSINESS 1. Authorization to purchase Human Resources System ("HRS") software program through Tyler Technologies (EDEN Module). Director of Human Resources, Teresa McAllister advised that the City currently uses the EDEN Module for various functions but that the HRS was one of the modules not purchased. McAllister advised that the HRS software would provide an asset to the Department as a lot of the work currently done is very laborious. The software would reduce staff time on administrative tasks and data entry. She noted that IT funds would be used to make the purchase. Independent Reform Monitor, John Van De Kamp inquired whether this request would go through Council under the new contract procedures. In response, City Administrator, Mark Whitworth advised that it would not. It was moved by McCormick and seconded by Martinez to authorize the purchase of the HRS software program through Tyler Technologies. Motion carried, 5-0. 2. Authorization to appropriate remediation funds for cleanup at the property located at 5119, 5201 & 5241 District Boulevard, and 4601 E. 515t Drive by PIC Environmental Services. Assistant to City Administrator, Alex Kung recalled that at the last City Council meeting, an amendment to the sale of the Thermador site was approved. Under said amendment conditions for remediation were specified. Director of Health and Environmental Control, Leonard Grossberg presented on the work plan. He reported that the work will take approximately 6 months, with possible extensions. It was moved by McCormick and seconded by Maisano to authorize the remediation funds for cleanup at 5119, 5201 & 5241 District Boulevard, and 4601 E. 51St Drive by PIC Environmental Services. Motion carried, 5-0. Page 8 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 DISCUSSION ITEMS 1. Presentation by the Director of Health and Environmental Control on the Alternative Technologies Tour in Japan. Director of Health and Environmental Control, Leonard Grossberg presented on the numerous sites he was able to visit during his tour in Japan. He reported on the solid waste disposal and energy production systems, all designed to minimize greenhouse gas emissions and carbon footprint. In response to Independent Reform Monitor, John Van De Kamp's inquiry on whether such systems would be cost effective locally, Grossberg advised that when the public becomes educated and pre- sorting is becomes part of process, he opined that it will be. ORAL REPORTS Interim Police Chief, Daniel Calleros reported that the Farm Animal Rights Movement conducted another demonstration at Framer Johns on November 20, 2012. On November 21, 2012, two trailers, contained various electronic, cosmetic, and toy products, were reported stolen in the 4400 block of Ayes Avenue. Detectives assigned to the Cargo Investigation Team recovered the stolen trailers within a few hours. However, one of the trailers was found empty. Detectives are following up on leads in hopes of recovering the missing products. Calleros reported on a fatal traffic collision involving a sole occupant that occurred on November 24, 2012, in the area of Downey Road and Bandini Boulevard. Witnesses at the scene indicated that the vehicle had been traveling at high speeds when it lost control, and collided with a tree. The vehicle was soon engulfed in flames. On November 26, 2012, while on patrol, officers arrested three individuals in the area of Santa Fe Avenue for attempted mail theft. On November 26, 2012, several spools of copper wire and other miscellaneous items, owned by Rhino Construction a vendor contracted by the Light and Power Department, were stolen from the 3300 block of 50th Street. Calleros reported that this is the second theft reported in the general area. Although the area is covered by an on -duty security guard, the break-in occurred during the guard's meal break. Police will be working with Light & Power Department staff to enhance the security at the location. On November 30, 2012, an armed robbery was reported in the area of Fruitland Avenue and Pacific Boulevard. The victim's wallet, cell phone and iPod were stolen. The suspect fled the scene on foot. Detectives will be following up on the case to determine if there is any video footage from the neighboring businesses. Captain James Rodino reported that there have been no acts of vandalism. Mayor Pro-Tem McCormick reported on vandalism on Downey Road. Page 9 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 Assistant Fire Chief, Andrew Guth advised that most of the calls have been routine in nature with the exception of the vehicle fatality reported earlier. The Department will be participating in a mobilization drill, on emergency search components. Guth reported that the 72 fire personnel are trained in all components of rescue. He announced the commencement of the annual Spark of Love event. Unwrapped toys can be donated at the various drop boxes through December 24, 2012. Director of Light & Power, Carlos Fandino announced the Advisory Committee on Electric Rates ("ERC") Meeting on December 5, 2012. He reported on anticipated electric rate increases for California Edison Company as reported by the Los Angeles Times. Fandino further presented on Vernon's electric rates as they compare to other local utilities in a three year projection. Additional details will be presented at the ERC meeting. Fandino reported on plans to mitigate renewable portfolio standard ("RPS") pass -through costs to the customers by offsetting costs with AB1980 funds, and funds made available by the termination of the interest rate swap. Initially, a rebate program, affecting only 20 of the top ten utility users was being proposed, but that the offsetting cost plans will be more equitable for utility customers. Fandino reported that the turbine, which was sent to Scotland for repairs, was inspected and it was determined by a specialist that rebuilding was not necessary. The unit was also inspected by Consultant Peter Hervish, who concurred with the specialist. The specialist will assist with the aligning of the unit and also inspect the other units. Fandino too reported on the recent copper wire theft. The theft is of concern as there is approximately $10 million in inventory at the location, and there is currently only night security. Increased security efforts are being discussed. Fandino reported on a power outage on November 30, 2012, that lasted approximately 1.5 hours. On December 2, 2012, a car collision incident at Leonis Avenue and Alcoa Avenue required the replacement of a power pole. A power outage on December 3, 2012, affected traffic at various intersections, but power was restored within 2 hours. In regards to the recent copper wire theft, Mayor Pro-Tem McCormick inquired whether there was video surveillance at the facility. In response, Fandino advised that the cameras are not equipped with night vision and that staff is working with the Police Department. In response to Mayor Davis' inquiry on the turbine update, Fandino acknowledged that although unnecessary costs were incurred, it is better to air on the side of caution as there was a recent costly incident at another utility whose claim was denied due to negligence. Director of Health and Environmental Control, Leonard Grossberg reported on a request to gather information on a potential City ordinance against second hand smoke. He announced the Page 10 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 Sustainable Development and Energy Efficiency Commission meeting on December 19, 2012. Director of Community Services and Water, Kevin Wilson announced the Advisory Committee on Business Development meeting on December 12, 2012. He advised that information on the City's budget, proposed revenue resources, and proposed water rate increases will be presented. He reported that bids for the City's chiller unit repair are due within the week. Mayor Pro-Tem McCormick reported on the increase traffic at the intersection of Atlantic Boulevard and the 710 Interstate. He suggested limiting u-turns during rush hour. In response, Wilson advised that he would review the situation. Human Resources Director, Teresa McAllister reported on informational meetings for employees on CalPERS reforms. Human Resources employment policies training will be held on December 11, 2012, for administration and support staff. Assistant to City Administrator, Alex Kung announced that the regular meetings for the Successor Agency and the Oversight Board to the Successor Agency have been cancelled for the month of December. He reported that the financial audit for the Successor Agency and the appraisal for one of its properties will soon be completed. City Administrator, Mark Whitworth announced the Vernon Housing Commission meeting on December 12, 2012. He advised that in addition to the housing lottery, proposed third property management firm, and unit -to -unit transfer policy, the Commission will also be addressing proposed procedures for delinquent rent and subletting. Whitworth reported that the final interviews with City Council for Police Chief are scheduled for December 5, 2012, and that the final interviews for Finance Director are set for December 6, 2012. The proposal from Roberts Consulting for the search process for a Fire Chief will be presented to Council on December 18, 2012. He explained that the search for City Clerk is placed on hold. Whitworth recommended that Dana Reed continue to serve as Interim City Clerk through the end of the April 9, 2013, Election. Councilmember Martinez reported on her request for the Health Department to research on a potential ordinance banning smoking on City owned property. At 11:04 a.m., the Council recessed to address matters on the Industrial Development Authority and Vernon Historic Preservation Society Agendas. The Council reconvened at 11:08 a.m. CLOSED SESSION - REVISITED At 11:08 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. Page 11 of 12 Special City Council and Regular City Council Meeting Minutes December 4, 2012 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (1) Government Code Section 54956.8 Property: 4675 52nd Drive, Vernon, California Negotiators: Mark Whitworth, City Administrator; Samuel Kevin Wilson, Director of Community Services & Water; Jon Goetz, Kronick Moskovitz Tiedemann & Girard Under negotiation: Price and Terms of Payment At 11:33 a.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. 3. At 11:33 a.m., it was moved by McCormick and seconded by Martinez, that the meeting be adjourned. Motion carried. AT ST: DaiYa Reed Interim City Clerk c. William J. D vis Mayor Page 12 of 12