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20121218 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, DECEMBER 18, 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. Interim City Clerk announced that Item No. 3 concerning public employee discipline/dismissal/release is removed from the agenda and will be presented at a later date. 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 8:31 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. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Potential Initiation of Litigation Government Code Section 54956.9(c) Number of potential cases: 1 3. REMOVED - 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 December 18, 2012 At 9:07 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 there was no reportable action for Item No. 1, the joint item between the City Council and Successor Agency. City Council gave staff direction to commence litigation concerning closed session Item No. 2. Rodriguez reminded everyone that the third closed session item had been removed. At 9:08 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. **************************************************************** At 9:10 a.m., Mayor Davis called the Regular City Council meeting to order. Councilmember Maisano led the flag salute. Interim City Clerk, Dana Reed announced that there were no changes to the Regular City Council agenda. PUBLIC COMMENT The Interim City Clerk 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. PERSONNEL MATTERS 1. Resolution No. 2012-235 - A Resolution of the City Council of the City of Vernon Appointing Daniel E. Calleros to Serve as the Chief of Police of the City of Vernon and Approving and Authorizing the Execution of an At -Will Employment Agreement Interim City Clerk, Dana Reed reported on the memorandum from Norm Roberts of Roberts Consulting. He summarized the history of the search process. He concluded that after interviewing three candidates, the Council selected Daniel Calleros as the new Police Chief. Reed reported on a change to the agreement after the posting of the agenda. The same changes are noted for the agreement with William Fox. The 30 day notice for resignation and termination language for felonies dealing with City funds was made clear as well as additional language as required by law, and minor non - substantive changes were reported. Reed recommends approval of the amended agreement. City Administrator, Mark Whitworth stated that when he delivered the news of Calleros' selection to the two other interviewed candidates, they both agreed and endorsed the Council's appointment. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-235 with the amended agreement. Motion carried, 5-0. Page 2 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 2. Oath (Affirmation) of Office to be administered by the Interim City Clerk to newly appointed Police Chief Daniel Calleros. Interim City Clerk administered the oath of office to Daniel Calleros. New Police Chief, Daniel Calleros recognized and thanked the City Administrator and City Council for entrusting him to lead and protect the community. He acknowledged staff for all their efforts, and looks forward to continued efforts towards City reform. He is proud of what the Department has accomplished over the last two years and is honored and humbled to be appointed the new Police Chief. He thanked his family for their support. 3. Police Department ceremonial proceedings. The Council meeting recessed for 15 minutes to allow for the ceremonial proceedings. The Council reconvened at 9:23 a.m. to address the remaining matters on the City Council agenda. 4. Resolution No. 2012-236 - A Resolution of the City Council of the City of Vernon Appointing William F. Fox to Serve as the Finance Director of the City of Vernon and Approving and Authorizing the Execution of an At -Will Employment Agreement Interim City Clerk noted the same agreement changes as previously announced for Daniel Calleros' agreement. He recommended that Council approve the agreement as amended. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-236 with the amended agreement. Motion carried, 5-0. 5. Resolution No. 2012-237 - A Resolution of the City Council of the City of Vernon Appointing Mark Whitworth to Serve as the City Administrator of the City of Vernon and Approving and Authorizing the Execution of an At -will Employment Agreement Interim City Clerk, Dana Reed reported that the City Administrator agreement had been reviewed by outside Legal Counsel, Liebert Cassidy Whitmore and not the City Attorney. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-237. Motion carried, 5-0. CONSENT CALENDAR It was moved by Maisano and seconded by Ybarra, to approve the matters on the Consent Calendar as recommended. Motion carried, 5-0. 1. Minutes Approval a. Minutes of the Regular Council Meeting held October 16, 2012, to be received and filed. Page 3 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 2. Warrant Registers a. Approval of Payroll Warrant Register No. 678, totaling $3,973,540.55, which covers the period of October 7, through November 17, 2012, and consists of the following: 1. Ratification of direct deposits, checks and taxes totaling $2,890,622.08; and 2. Checks and electronic fund transfers (EFTS) through the General bank account totaling $1,082,918.47. b. Approval of City Warrant Register No. 1370, totaling $1,648,091.53, which covers the period of November 27, through December 10, 2012, and consists of the following: 1. Ratification of wire transfers totaling $417,093.01; and 2. Ratification of the issuance of early checks totaling $407,057.56; and 3. Authorization to issue pending checks totaling $823,940.96; and 4. Authorization to void check no. 339463 in the amount of $209.49. c. Approval of Light & Power Warrant Register No. 335, totaling $1,990,556.18, which covers the period of November 27, through December 10, 2012, and consists of the following: 1.Ratification of wire transfers totaling $1,863,512.10; and 2. Ratification of the issuance of early checks totaling $11,782.40; and 3.Authorization to issue pending checks totaling $115,261.68. d. Approval of Gas Warrant Register No. 123, totaling $2,285,691.20, which covers the period of November 27, through December 10, 2012, and consists of the following: 1. Ratification of wire transfers totaling $2,283,054.10; and 2. Ratification of the issuance of early checks totaling $2,445.22; and 3. Authorization to issue pending checks totaling $191.88. 3. City Clerk Department a. Updated Commission and Committee Appointments List as required by the Maddy Act, to be posted. 4. Community Services a. Building Department Report for the month of November 2012, to be received and filed. Page 4 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 5. Fire Department a. Activity Report for the period of November 16, through November 30, 2012, to be received and filed. 6. Health Department a. November 2012 Monthly Report, to be received and filed. 7. Light & Power Department a. August 2012 Resource Procurement Report, to be received and filed. 8. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of November 16, through November 30, 2012, to be received and filed. RESOLUTIONS 1. City Administration a. Resolution No. 2012-238 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Roberts Consulting Group, Inc. to Recruit a Fire Chief for the City of Vernon City Administrator, Mark Whitworth advised that this is the last step in the removal of multiple hats. Whitworth reported that City Council approved his employment contract as City Administrator and can now begin the search process for a Fire Chief. It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-238. Motion carried, 5-0. 2. City Administration and Light & Power Department Resolutions No. 2012-239 and 2012-240 were addressed together. a. Resolution No. 2012-239 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement Letter By and Between the City of Vernon and Latham & Watkins, LLP for Legal Services b. Resolution No. 2012-240 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement Letter Agreement By and Between the City of Vernon and Latham & Watkins, LLP for Legal Services Regarding the Wind Energy Project Director of Light & Power, Carlos Fandino reported on Latham & Watkins, LLP ("Latham") previous involvement in the City's wind Page 5 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 project. Due to the accelerated need for renewable energy caused by SBx1-2, Fandino requests Latham's services to assist with the project. Furthermore, the City has worked with David Rogers of Latham for the last 2-3 years. Rogers commended the City Administrator and City Attorney in reducing Latham's role and thanked them for the opportunity to continue working with Vernon. The two new engagement letters will provide ongoing, but limited, services to the City. It also sets forth a structured fee arrangement. Independent Reform Monitor, John Van De Kamp noted Latham's contribution in saving the City from disincorporation and assisting with some of the reform efforts. Van de Kamp is in favor of Latham's reduced role. He recommends that the City continue using their services as they are knowledgeable with Vernon. Van de Kamp noted that the engagement letter concerning the wind project will be a win for both the City and Latham. If the project is fruitful, Latham will then be entitled to receive their full rate. City Attorney, Nicholas Rodriguez spoke on his experience working with Latham, and looks forward to working with them. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-239 and Resolution No. 2012-240. Motion carried, 5-0. 3. Community Services and Water Department a. Resolution No. 2012-241 - A Resolution of the City Council of the City of Vernon Initiating Proceedings with Respect to a Revised Schedule of Water Rates Director of Community Services and Water, Kevin Wilson announced that Legal Counsel, Mark Mandel is in the audience to answer any questions, as he reviewed the matter to assure that it conforms to state law. Wilson clarified that the resolution officially notifies the public of the City's intent to increase the water rates. Wilson reported on the three water sources: ground, surface, and recycled water. He advised that the City pays a fee to extract the ground water and that over time that fee has increased. The cost to purchase surface water has also increased. Wilson reported on the current rate structure based on formulas developed from a 1995 rate design study. He noted that the study will be updated in the forthcoming years. Wilson is proposing automatic adjustments and passing on the cost to the customers; however, customers will need to be notified. Wilson presented on Vernon's historical water rate increases. He also presented a comparison of Vernon's water rates to other local agencies. Vernon compares favorably to others. Page 6 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 As part of the Resolution, there is a protest period. If more than 500 of the customers oppose, then the City cannot impose the water rate increases. In response to Mayor Davis, inquiry on whether any Vernon customers pump their own water, Wilson reported that previously there were, but they are no longer operational. There are currently no customers that do. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2012-241. Motion carried, 5-0. Resolutions Nos. 2012-242 through 2012-244 were addressed together. b. Resolution No. 2012-242 - A Resolution of the City Council of the City of Vernon Accepting the Work of All American Asphalt in Accordance with Contract No. CS-0052 of the City of Vernon c. Resolution No. 2012-243 - A Resolution of the City Council of the City of Vernon Approving and Accepting a Fire Lane Easement Deed for Property Located at 4401 Downey Road and 3383 45th Street and Approving and Authorizing the Execution of a Certificate of Acceptance in Relation Thereto d. Resolution No. 2012-244 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Complete Thermal Services, Inc. for the Replacement of City Hall Chiller Unit in Accordance with Contract No. CS-0338 of the City of Vernon and Approving the Execution of Said Contract Director of Community Services and Water, Kevin Wilson reported that the work for Contract No. CS-0052 is complete; he recommends the acceptance of the work and issuance of the final payment. Wilson reported on his efforts with the Fire Department on the Fire Lane Easement Deed. The proposed easement will keep the road clear. Wilson reported on the bids received for the replacement of the chiller unit. Replacement costs were estimated at $75,000. The lowest bidder, Complete Thermal Services, Inc., quoted a little over the estimated cost. Complete Thermal has done work for the City in the past. Wilson advised that he has been satisfied with their work and recommends the acceptance of their bid. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-242, Resolution No. 2012-243, and Resolution No. 2012-244. Motion carried, 5-0. 4. Light & Power Department Resolutions Nos. 2012-245 and 2012-246 were addressed together. a. Resolution No. 2012-245 - A Resolution of the City Council of the City of Vernon Adopting a City of Vernon Minimum Investment Report Five Year Plan Page 7 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 FY2013-FY2017 as an Alternative to an Integrated Resource Plan under the Guidelines Set Forth by the Western Area Power Administration Pursuant to the Energy Policy Act of 1992 b. Resolution No. 2012-246 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Resource Adequacy Plan for 2013, Which Includes the Demand Forecast, the Planning Reserve Margin, the Qualifying Capacity Criteria, and the Supply Plan, in Accordance with the California Independent System Operator's Tariff Requirements Director of Light & Power, Carlos Fandino reported that the City Council had previously adopted Resolution No. 7900 establishing the City's Minimum Investment Report. The City now needs to file a similar report with the Western Area Power Administration ("WAPA") by January 31, 2013. Fandino requests that Council approve the report and authorize staff to submit the updates. Fandino reported that the Department is also required to forecast anticipated resources. Similarly, the report must also be filed with WAPA. Fandino request that the City approve and adopt the proposed plan and allow staff to file the report accordingly. Fandino noted that there is no fiscal impact; rather, it forecasts how the Department will proceed in the next few years. It was moved by Maisano and seconded by Ybarra to approve Resolution No. 2012-245 and Resolution No. 2012-246. Motion carried, 5-0. ORDINANCES Interim City Clerk, Dana Reed announced that the ordinances had previously been discussed at the December 4, 2012, Council meeting, and unless Council had additional questions, a roll call vote would be in order. 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 (second reading) It was moved by McCormick and seconded by Martinez to adopt Ordinance No. 1199. A roll call vote was taken: - Councilmember - Councilmember - Councilmember - Mayor Pro-Tem - Mayor Davis, Martinez, yes Ybarra, yes Maisano, yes McCormick, yes yes Motion carried, 5-0. 2. Ordinance No. 1200 the City of Vernon By Amending Article 2.31 and Repealing Conflict Therewith - An Ordinance of Amending the Code IV of Chapter 2, All Ordinances or (second reading) the City Council of of the City of Vernon Sections 2.17 through Parts of Ordinances In Page 8 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 It was moved by Ybarra and seconded by Maisano to adopt Ordinance No. 1200. A roll call vote was taken: - Councilmember Martinez, yes - Councilmember Ybarra, yes - Councilmember Maisano, yes - Mayor Pro-Tem McCormick, yes - Mayor Davis, yes Motion carried, 5-0. ORAL REPORTS City Administrator, Mark Whitworth announced Personnel Director, Martha Valenzuela's retirement effective December 27, 2012, after over 30 years of service. He thanked her for her years of service. Mayor Davis read and presented Valenzuela with a proclamation. Valenzuela thanked staff and wished everyone much success. Captain James Rodino reported that surveillance in the 2500 block of Santa Fe Avenue yielded in an arrest on December 19, 2012. Officers witnessed as the suspect broke -in. A female accomplice was also arrested. The incident was linked to prior burglaries. Rodino reported that the Farm Animal Rights Movement conducted another demonstration at Framer Johns on December 15, 2012. They intend to return. Rodino announced that on December 21, 2012, the Police Department will be conducting a check point as part of the "100 DUI Program" in order to increase awareness. Funding will be provided by the state. Assistant Fire Chief, Andrew Guth reported on a major commercial fire on December 9, 2012, at the corner of 49th Street and Santa Fe Avenue. Guth advised that no rescue was necessary. Fire Department worked diligently to limit exposure and keep the fire from spreading. A number of units from Area E assisted. Guth thanked all fire and police personnel that assisted. Mayor Davis commended the Fire Department on being able to contain the fire. The proximity of the fire and other buildings was very close; however, the buildings were saved. Guth added that the company was still able to continue doing business. Guth announced that the Spark of Love toy drive event is ongoing. He announced that effective January 1, 2013, David Kimes will be taking over as Assistant Fire Chief. City Administrator, Mark Whitworth reported on the Fire Department's practice to rotate all Battalion Chiefs into the role of Assistant Fire Chief on a yearly basis. He anticipates that all will participate in the Fire Chief search process. Page 9 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 Director of Light & Power, Carlos Fandino reported on a power outage on December 9, 2012, that lasted 3.5 hours, affected 28 customers, and is still under investigation. Fandino noted that the Light & Power Department also responded to the recent commercial fire as one of the platforms was damaged. Fandino reported on potential new customers to the natural gas system, and reported that the Fruitland project is in phase II and ongoing. Director of Health and Environmental Control, Leonard Grossberg announced the Sustainable Development and Energy Efficiency Commission meeting on December 19, 2012. The Commission will be discussing the solid waste trash hauler program. Grossberg also noted the Health Department's response to the commercial fire. He advised that local restaurants near the fire were closed for a few days for a full inspection. Director of Community Services and Water, Kevin Wilson reported on the Advisory Committee on Business Development meeting held December 12, 2012. The Committee discussed potential water rate increases. The City's financial status and potential tax measures were presented. Wilson noted the Community Service Department's assistance in the commercial fire for building inspections. Unsafe areas were zoned off. Finance Director, Rory Burnett reported on the audits through Macias, Gini & O'Connell, LLP for the Redevelopment Agency and Successor Agency to the Redevelopment Agency. He announced his retirement in February 2013. He stated that his successor, William Fox, is well qualified. City Administrator, Mark Whitworth added that Fox's start date is December 26, 2012. Assistant to City Administrator, Alex Kung reported on the completion of the property appraisal on the Angelus Can site. Offers for the property will be presented to the Successor Agency and Oversight Board for review. City Administrator, Mark Whitworth announced the general fund revenue proposal public hearing on January 8, 2012, for ballot measures on the April 9, 2013, election. Proposed revenue sources include a special parcel tax, increase business license fee, and utility user tax. Discussions with the Chamber, businesses and residents are ongoing. Whitworth announced that the PARS applications for the early retirement incentive are due on December 19, 2012. Based on feedback, approximately 30 participants are expected. Staff is working with Department Heads on a succession plan and reorganization to prepare for the reduction in staff. Whitworth reported on the Vernon Housing Commission meeting held December 12, 2012. The Commission adopted lease enforcement procedures, conducted the December lottery, and discussed the possibility of contracting with a third party management firm. Page 10 of 11 Special Joint City Council & Successor Agency, Special City Council and Regular City Council Meeting Minutes December 18, 2012 Whitworth announced that five successful recruitments have been completed through the search firm process, and congratulated Daniel Calleros on his recent appointment. He also announced the publication of the Vernon Quarterly due out later in the week which will feature the new staff and appointments. Public Information Officer, Fred McFarlane added that this will be the largest issue. Whitworth thanked the Council for the approval of the additional Holidays. 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 item listed under closed session. Motion carried, 5-0. 1. CONFERENCE WITH LABOR NEGOTIATOR (TO BE HELD AT THE CONCLUSION OF THE REGULAR MEETING) Government Code Section 54957.6 Agency Designated Representative: Dana Reed, Legal Counsel Unrepresented Employee: City Attorney At 11:06 a.m. it was moved by McCormick and seconded by Martinez, that the City Council exit closed session. Motion carried, 5-0. It was reported by Interim City Clerk, Dana Reed that the City Council instructed the Interim City Clerk to renegotiate the employment agreement with City Attorney, Nicholas Rodriguez, and report back to Council. At 11:06 a.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. ATWST Dame Reed Interim City Clerk William J. Davis Mayor Page 11 of 11