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20130108 Regular City Council Meeting - MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 8, 2013, 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 meeting was called to order at 9:00 a.m. by Mayor Davis. Mayor Pro-Tem McCormick led the flag salute. Interim City Clerk, Dana Reed announced a change to the resolution title concerning the Clean Beach Measure, Resolution Item No. 2.a., advising that the second reference to "Board of Supervisors" will be removed. 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. Marisa Olguin, President of the Vernon Chamber of Commerce, commended the City on the transparency of the search process in the hiring of the new Finance Director. She noted the Chamber's involvement and participation in the process, and opined that the selection will help make the City fiscally strong. Olguin recognized Rory Burnett for his work and involvement. Steve L'Ecluse of Bandini Truck Terminal, Inc. compared the City Council's roles to that of a company boss, responsible for making hard decisions. He stated that the Council's response to the general fund's deficit has been to increase fees and utility costs to the businesses. The City cannot continue to spend more than what it is making. The Council has a moral obligation to ensure the City exists in the future. L'Ecluse opined that if the City continues to penalize the businesses, the businesses will move elsewhere and the City will be unable to attract new businesses. He urged the Council to not approve any more tax increases until the City provides proof of a balanced budget. Independent Reform Monitor, John Van de Kamp reasoned that the City provides community services such as police and fire; if there is no government, there are no services. The question should be the adequacy of the services. The City has made substantial cuts; there should be a balance between the cost and the services provided. Van de Kamp advised that both sides must be considered when discussing the issue. PRESENTATIONS 1. Service Pin Awards Mayor Davis presented Utilityman II, Jason Tomlinson and Director of Finance/ City Treasurer, Roirdan (Rory) Burnett with service pins for their many years of service. Utilityman I, Renan Castro; Utilityman II, Victor Trujillo; Assistant Finance Director, Masami Higa; and Electric Operator, Special City Council Meeting Minutes January 8, 2013 George Tolmasoff III were acknowledged for their years of service as they were not able to attend the meeting. 2. Oath (Affirmation) of Office to be administered by the Interim City Clerk to newly appointed Finance Director William Fox. City Administrator, Mark Whitworth reported on the search process and William Fox's acceptance as the new Finance Director. Whitworth also reported on Fox's past experience. He formally introduce Fox and noted that although the oath has already been administered, it would be appropriate to conduct the oath again during the Council meeting. Interim City Clerk, Dana Reed administered the Oath of Office to William Fox. New Finance Director, William Fox expressed his appreciation for the selection. He reported on his previous employment as an auditor and accountant. He looks forward to returning back to the area and hopes to make a difference. He stated his open door policy, and stated that through transparency and working together is how the City will get better. ORDINANCES 1. Ordinance No. 1201 - An Ordinance of the City Council of the City Vernon, California, Amending Article XV of Chapter 2 of the Code of the City of Vernon, Relating to the Conduct of Elections and Ratifying Resolution No. 2012-208 Interim City Clerk, Dana Reed reported that the Ordinance will allow the City to conduct all -mail elections. All -mail ballot elections have previously been approved by resolutions, but the City Code requires that the elections be called by an Ordinance. Reed clarified that this is a clean-up item in order to allow the calling of said elections by resolution. Reed emphasized that it does not change the policy rather it ratifies previous actions. Given the size of the City, elections will be conducted by all -mail ballots rather than by precincts. A roll call vote was taken for the approval and adoption of Ordinance No. 1201. - Councilmember Martinez, yes - Councilmember Ybarra, yes - Councilmember Maisano, yes - Mayor Pro-Tem McCormick, yes - Mayor Davis, yes Ordinance No. 1201 was unanimously approved and adopted. PUBLIC HEARINGS Receive public comment regarding Resolutions placing the following proposed ordinances on the April 9, 2013, General Municipal Election ballot. It is recommended that, upon close of the Public Hearing, the City Council adopt Resolutions placing the following proposed ordinances on the April 9, 2013, General Municipal Election ballot. Page 2 of 15 Special City Council Meeting Minutes January 8, 2013 Interim City Clerk, Dana Reed announced that Resolutions Nos. 2013-01 and 2013-03 will be addressed together. The public hearing and voting will be conducted on said items and then Resolution No. 2013-02 will then be addressed separately in the same manner. He explained that the reason for the separation is that one Council member will need to recuse himself from Resolution No. 2013-02. In summary, there will be two public hearings to address the proposed ordinances on the April 9, 2013, election. City Administrator, Mark Whitworth advised that the City has been working on responses for a long-term solution to the general fund budget deficit. He reported that staff met with various interest groups many times. Whitworth recalled that last year, after various public meetings, a proposed special parcel tax was determined to not be a viable solution. A Utility User Tax was voted on and was not approved during the September 2012 Special Election. Staff then went back to the businesses and residents for long-term solutions. Whitworth explained that the structural deficit has been in existence for decades and needs to be addressed by proper revenue streams rather than relying on the Light & Power Department's enterprise fund. The Light and Power Department is not as robust as it once was and has its own responsibilities such as the debt service coverage and renewable portfolio standard costs. The City needed to become more efficient and reduce its expenditures. The City had previously reduced its workforce by 25a and will now conduct an additional 100i work force reduction. Reductions in capital expenditures have been made. Cost of living adjustments for employees have not been made. Over the last six month the budget has been reduced approximately 110. The City has demonstrated a willingness to reduce expenditures. Whereas in previous years the budget deficit gap has been $16-20 million, the gap has been reduced to $8-9 million. Assistant to City Administrator, Alex Kung reported on Resolution No. 2013-01 ("Measure K") and Resolution No. 2013-03 (Measure M"). Kung reported that Measure K will increase the business license fee by five times and would provide the City an additional $4.5 million in revenue. Measure K will also clarify.language in the City Code. The business license fee for larger companies may be combined and outside contractors have the option of a quarterly fee rather than a yearly fee. Kung reported that Measure M is a Utility User Tax ("UUT") set for ten years at lo. It would provide approximately $1.6 million and would apply to electric, water, gas, and telecommunication fees. The proposed UUT does not apply to residents. At 9:21 a.m., it was moved by McCormick and seconded by Maisano to open the public hearing for public comment concerning Resolution No. 2013-01 (Measure K) and Resolution No. 2013-03 (Measure M). Motion carried, 5-0. Page 3 of 15 Special City Council Meeting Minutes January 8, 2013 Peter Corselli of U.S. Growers Cold Storage expressed his concerns over the proposed business license increase and its affects on businesses with multiple locations. In response, Kung explained that multiple locations is defined by the separation of a public street. Business license fees for locations that are next to each other and are not separated by a street will be combined and will not be subject to multiple fees. If the locations are scattered throughout the City, Kung advised that a business license fee for each location still applies. Corselli stated that businesses will still be subject to high fees. He commended the City on their cost cutting efforts, and although he is in favor of the Police and Fire Departments, he suggests that Council consider the proposals provided by the County for the outsourcing of said services. Corselli advised that the businesses should have an opportunity to consider all the options and how it will affect them. Although he supports the Police and Fire Departments, there must be an informed decision. Corselli sought hard data on how it would affect everyone. Corselli recommended that the ballot question explicitly state that the business license fee will increase by five times. Corselli further recommended that residents be included in the UUT proposal. Although the residents' contribution is not significant in revenue, if they are invested in the proposal they might think differently when voting. Corselli opined that the proposals came about very quickly and that little opportunity for public comment was provided. He noted the lack of residents' attendance at the workshops and thus did not hear the businesses' comments and concerns. On a positive note, Corselli advised that the proposed measures places less of the burden on the businesses than in previous attempts. However, from a historical perspective from 2009 to the present, electric utility rates have increased approximately 52%. Although the proposed measures may seem like a small increase, tacked on to everything else, it becomes difficult to continue doing business in Vernon. Vernon no longer compares favorably against other. Corselli reported on a comparison he conducted between a business in Vernon and a business in Los Angeles ("LA"). He concluded that it cost 300-. less to do business in LA. Marisa Olguin, President of the Vernon Chamber of Commerce, echoed Whitworth's remarks on past proposals, and further added that the now proposed UUT has been reduced to 1%. Olguin stated that the three tiered proposals is the most carefully thought-out, but agrees with Corselli in that there has not been sufficient time to review the information with the businesses. At the moment, the Chamber is not offering an official endorsement on the proposals, as the data has not been vetted out. Olguin expressed concerns with the proposals including the lack of a CPI cap on the proposed special parcel tax and business license tax. Furthermore, although 990-. of the stakeholders are businesses, police and fire services are important to the residents as well. Simply, all stakeholders should share in the Page 4 of 15 Special City Council Meeting Minutes January 8, 2013 burden as all fought together to save Vernon. Olguin stated that exempting residents sends a negative image, and it's concerning that staff would make the recommendation. Olguin recommended amending the proposed UUT Measure to include residents. Olguin concluded that the proposals are more equitable but that fire and police services need to be further examined. She noted the efforts made by the City to reduce the deficit, but advised that additional work needs to be done. Steve L'Ecluse of Bandini Truck Terminal, Inc. believes that the burden should be shared by all. He opined that eliminating police and fire may be too drastic but questioned whether a Class 1 Fire Department was necessary. He further questioned what the real needs are, and inquired, for example, whether everyone would still be satisfied with a slower response time. Interim City Clerk Dana Reed clarified that the public comment for the public hearing needs to be limited to the subject matter. Independent Reform Monitor, John Van de Kamp stated that L'Ecluse was on point in that everything is connected. When considering the tax measures, the needs have to be evaluated. He noted to City's swift efforts to reduce costs; most recently with the PARS incentive that yielded 33 retiring employees. Van de Kamp inquired on the timing of when is the latest the proposed measures can be considered. In response, Whitworth advised that ideally today, as the proposed measures would need to be considered by the end of the week in order to be included in the April 9, 2013, General Municipal Election. This information was confirmed by Reed. Hearing no other comments, at 9:42 a.m., it was moved by McCormick and seconded by Ybarra to close the public hearing concerning Resolution No. 2013-01 (Measure K) and Resolution No. 2013-03 (Measure M). Motion carried, 5-0. The Interim City Clerk reported that there will be two amendments to Resolution No. 2013-03; therefore, the resolutions will be addressed individually. a. Resolution No. 2013-01 - A Resolution of the City Council of the City of Vernon, California Submitting to the Voters of the City at the City's April 9, 2013 General Election a Measure Regarding the City's Business License Taxes City Administrator, Mark Whitworth reiterated that the recommendation will increase the business license tax by five times. In response to Mayor Pro-Tem McCormick, Assistant to City Administrator, Alex Kung reported that there has been no increase since the CPI adjustment in 2008. Any increase that would have gone to the voters would predate that. It was moved by McCormick and seconded by Martinez to approve Resolution No. 2013-01. Motion carried, 5-0. Page 5 of 15 Special City Council Meeting Minutes January 8, 2013 c. Resolution No. 2013-03 - A Resolution of the City Council of the City of Vernon, California Submitting to the Voters of the City at the City's April 9, 2013 General Election a Utility Users' Tax Measure Interim City Clerk, Dana Reed reported that Councilmember Ybarra has two proposed amendments for Resolution No. 2013-03. The first is place a cap on the proposed Utility User Tax ("UUT"). Councilmember Ybarra explained that in order to meet the businesses concerns, a cap of $250,000 for city supplied utilities is recommended. This will allow businesses to project costs. Ybarra's recommendation was seconded by McCormick. Reed clarified that the motion will place a $250,000 cap per year on city supplied utilities and that in order to effectuate the proposed amendment, subsection (d) will need to be added to Section 5.114 and Section 5.115 dealing with electric and gas, subsection (c) will need to be added to Section 5.116 dealing with water, and finally Section 5.138 will be added clarifying the language. Reed advised that the additions have been vetted out by legal counsel and are ministerial only if the proposed amendment should pass. The Council voted unanimously to approve the amendment to the UUT measure, Resolution No. 2013-03, placing a yearly cap of $250,000 and adding said ministerial language to the ordinance. Reed reported on the second proposed amendment by Councilmember Ybarra to Resolution No. 2013-03 in order to address concerns on who will be subject to the UUT tax. Councilmember Ybarra stated that he agrees with Corselli and Olguin in that there should be a shared burden. All that live in Vernon should also carry the burden as it will give residents a sense of ownership. He hopes that this will entice the residents to attend the public meetings. Ybarra moved that Resolution No. 2013-03 be amended to apply to 100% of the Vernon residents. It was seconded by Maisano. City Attorney, Nicholas Rodriguez sought clarification on whether there would be any recognized exemptions to the tax. To clarify, Legal Counsel, Mark Mandell of Mandell Municipal Counseling advised that there are three concepts. The UUT tax can apply to 1) all residents and businesses; 2) all non- residents; or 3) it can exempt senior citizens, the disabled and low income residents. Councilmember Ybarra advised that he is willing to adjust his recommendation if others felt the need to. Mayor Pro-Tem McCormick advised that he is in favor of exempting low income households and senior citizens. Councilmember Ybarra suggested that it only exempt low income households and the disabled as the majority of the Vernon population may qualify as a senior citizen. Mandell reported that the definition of a senior citizen is anyone 65 or older living in a household. Assistant to City Page 6 of 15 Special City Council Meeting Minutes January 8, 2013 Administrator, Kristen Enomoto added that the exact figures are unknown, but estimates that under the definition approximately half of the population would apply. Councilmember Ybarra advised that his concern is the low income households and the disabled. Senior citizens should not be included in the tax exemption. Ybarra amended his motion to only exempt low income households and the disabled from the UUT tax. If the Council is inclined to approve, staff requested time to work on the language and definition of those to be exempt. Rodriguez advised that Council can also approve the motion now subject to review. Mandell advised that the standard number used throughout the state to define low income households will be used. Reed announced that the Council will vote on the amendment to the UUT measure, Resolution No. 2013-03, exempting low income households and the disabled subject to ratification of the final language at the conclusion the meeting. The Council voted unanimously to approve said amendment. It was moved by Maisano and seconded by Ybarra to approve Resolution No. 2013-03 with the two amendments as previously discussed. Motion carried, 5-0. b. Resolution No. 2013-02 - A Resolution of the City Council of the City of Vernon, California Submitting to the Voters of the City at the City's April 9, 2013 General Election a Special Parcel Tax Measure Councilmember Ybarra recused himself from the meeting in order to avoid any conflict of interest as he is a property owner in Vernon. Ybarra exited the meeting City Administrator, Mark Whitworth reported that the measure will authorize a $0.03 special parcel tax. Assistant to City Administrator, Alex Kung further clarified that the tax is defined as a levy to all non -residence property and applicable only to parcels that are not subject to the existing warehouse tax. The special parcel tax is set to sunset in ten years. It will generate approximately $1.9 million in revenue to be used for safety and other projects. At 10:00 a.m., it was moved by Maisano and seconded by McCormick to open the public hearing for public comment concerning Resolution No. 2013-02 (Measure L). Motion carried, 4-0. Steve L'Ecluse of Bandini Truck Terminal, Inc. inquired whether during negotiations between Police and Fire, the public could be present to discuss department costs so that departments would not have to be eliminated. City Administrator, Mark Whitworth clarified that during negotiations, things such as compensation and benefits are discussed not the deliverables or costs of services. Page 7 of 15 Special City Council Meeting Minutes January 8, 2013 Hearing no other comments, at 10:02 a.m., it was moved by McCormick and seconded by Maisano to close the public hearing concerning Measure L. Motion carried, 4-0. It was moved by McCormick and seconded by Martinez to approve Resolution No. 2013-02. Motion carried, 4-0. Councilmember Ybarra reenters the meeting. CONSENT CALENDAR It was moved by McCormick and seconded by Martinez, that the matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. 1. Minutes Approval a. Minutes of the Special City Council Meeting held October 23, 2012, to be received and filed. 2. Warrant Registers a. Approval of City Warrant Register No. 1371, totaling $719,069.84, which covers the period of December 11, through December 27, 2012, and consists of the following: 1. Ratification of wire transfers totaling $173,059.61; and 2. Ratification of the issuance of early checks totaling $366,094.41; and 3. Authorization to issue pending checks totaling $179,915.82. b. Approval of Light & Power Warrant Register No. 336, totaling $4,347,321.70, which covers the period of December 11, through December 27, 2012, and consists of the following: 1. Ratification of wire transfers totaling $4,274,370.18; and 2. Ratification of the issuance of early checks totaling $65,911.23; and 3. Authorization to issue pending checks totaling $7,040.29. c. Approval of Gas Warrant Register No. 124, totaling $134,242.55, which covers the period of December 11, through December 27, 2012, and consists of the following: 1. Ratification of wire transfers totaling $132,322.65; and 2. Ratification of the issuance of early checks totaling $1,919.90. 3. Fire Department a. Activity Report for the period of December 1, through December 15, 2012, to be received and filed. Page 8 of 15 Special City Council Meeting Minutes January 8, 2013 b. Resolution No. 2013-04 - A Resolution of the City Council of the City of Vernon Approving the Purchase of Motorola APX 7000XE Portable Radios and Equipment for the Fire Department Utilizing 2010 Urban Areas Security Initiative Grant Funds and Authorizing the Issuance of a Purchase Order to Motorola Solutions c. Resolution No. 2013-05 - A Resolution of the City Council of the Ci of a Bendix/King Various Equipment 2010 Urban Areas Authorizing the I Communications 4. Human Resources ty of Vernon Approving the Purchase GPH Command Portable Radio and for the Fire Department Utilizing Security Initiative Grant Funds and ssuance of a Purchase Order to Vision a. Resolution No. 2013-06 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 2012-217 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 5. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of December 1, through December 15, 2012, to be received and filed. RESOLUTIONS 1. City Administration a. Resolution No. 2013-07 - A Resolution of the City Council of the City of Vernon Approving the Funding for the Public Agency Retirement System (PARS) Supplementary Retirement Plan City Administrator, Mark Whitworth advised that the recommendation is revisiting funding and participation of the PARS offer to City employees. The program was designed to decrease the budget through workforce reduction. Human Resources Director, Teresa McAllister reported that 34 employees will be retiring. She advised that she met with each Department Head and determined their critical needs. The goal is to replace as little as possible will filling the operational needs of the City. McAllister reported on each of the departments, announcing the number of retiring employees and the recommended positions to be replacement. McAllister concluded that 9.5 full-time employees ("FTE") is recommended for the filling of vacated positions but noted that at least 3.5 of the FTE will come from internal promotions. As a result of the implementation and funding of the PARS program, 29 FTE will be vacated. Dennis Yu of PARS reported that 510-8 of potential participants accepted the offer, the highest among the program. Yu reported Page 9 of 15 Special City Council Meeting Minutes January 8, 2013 a 29 FTE net fiscal savings, and presented the forecasted 1,3 and 5 year savings. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2013-07. Motion carried, 5-0. 2. Community Services and Water Department a. Resolution No. 2013-08 - A Resolution of the City Council of the City of Vernon Supporting the Los Angeles County Board of Supervisors, as Proposed by the Los Angeles County Flood Control District in Setting a Property Owner Election on the Los Angeles County Clean Water, Clean Beaches Measure Director of Community Services and Water, Kevin Wilson explained that this is a proposed County measure. As the City has a number of parcels, as property owners, the City is subject to the tax. He explained that if half of the property owners protest then the proposed tax will not go any further. If half do not protest, then the measure goes to the voters. Wilson explained that with the new waste discharge for municipal storm water system recommendations, it is estimated that the cost will be $1 billion to comply. City of Vernon's costs are estimated to be $35,000. However, the portion of the taxes that will be allocated to the City, if the measure were to pass, is $1 million. The City would have gained $965,000. Wilson noted that the City is not exempt from the tax. Due to the potential cost to the City, and no revenue without the County Measure, he recommends that the City support the Measure and not file a protest. It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2013-08 as amended. Motion carried, 5-0. 3. Human Resources Department a. Resolution No. 2013-09 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Benefit Consulting Services (Broker) Human Resources Director, Teresa McAllister reported on the request to issue a request for proposals for a benefits consultant in line with good governance efforts, and the comprehensive purchasing ordinance established recently. The request is to seek a benefits consultant for employee and retiree benefits. In additional, they will also be required to negotiate on behalf of the City for benefit renewals. Currently the services are provided by FIA; they are encouraged to participate and submit a proposal. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2013-09. Motion carried, 5-0. Page 10 of 15 Special City Council Meeting Minutes January 8, 2013 4. Light & Power Department a. Resolution No. 2013-10 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Issuance of a Purchase Order to Pacific Utilities for the Purchase of Four 7KV Substation Style Circuit Breakers Director of Light & Power, Carlos Fandino reported on the recommendation to authorize the purchase of 4 units as inventory was recently used. Fandino reported that the Purchasing Department issued a competitive bid, and that ABB Inc. was the only responder. Pacific Utilities is the only authorized seller for ABB Inc's products. Fandino requests approval of the purchase order in the amount of $94,018. Fandino noted that bond money will be used to fund the purchase. It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2013-10. Motion carried, 5-0. DISCUSSION ITEMS 1. Presentation by the Director of Human Resources on the results of the survey for total compensation and fringe benefits of Department Heads. Human Resources Director, Teresa McAllister advised that this supplements the salary survey previously conducted on Department Heads. McAllister provided a background and advised that the presentation is to be received and filed and that no action is being requested. McAllister reported on her findings in benefits, including car allowance, deferred compensation, and health, dental and vision benefits. She advised that the next step is a study in the classification, compensation, and benefits for general and mid -management groups. ORAL REPORTS Police Chief, Daniel Calleros reported on the theft of a city owned fire hydrant meter that occurred on December 18, 2012. The suspects used a cutting device to remove the large meter that was affixed to the hydrant. There are no leads; Detectives will be sharing the information with local police agencies. On December 18, 2012, an armed robbery was reported in the 2400 block of 27th Street. The victim was walking to his vehicle when he was confronted by three suspects in a dark colored sport vehicle. One of the suspects held a knife to the victim and demanded the keys to the business warehouse. when the suspects realized that the victim did not have the keys, his wallet was taken and he was struck several times in the face. The suspects fled the scene in the described vehicle. There are few leads but Detectives are checking surveillance cameras for additional information. On December 19, 2012, there was a fatal traffic incident in the 4100 block of Bandini Boulevard. The deceased male was driving a small compact vehicle and was struck by a pick-up truck. Page 11 of 15 Special City Council Meeting Minutes January 8, 2013 After the initial impact, the small compact vehicle was rear ended by a tractor trailer. The driver was transported to a local hospital but later died due to the injuries sustained. Calleros announced that on December 24, 2012, Detectives assigned to the cargo theft investigation team recovered a stolen trailer in the City of Carson that had been reported stolen earlier in the month. The trailer was found undamaged and contained the full load of Chiquita Bananas valued at approximately $47,000. Another stolen tractor was also located in the City of Bell. Calleros commended the Detectives on their work and full recovery. Calleros noted a spike in commercial truck battery thefts as there were two incidents reported on December 28, 2012. On December 29, 2012, patrol officers were involved in a short vehicle pursuit. Officers attempted to stop a vehicle for a traffic violation, when the driver failed to yield and proceeded to drive at a high speeds, attempting to evade officers. During the pursuit the suspect's vehicle was damaged, disabling the vehicle. The sole occupant of vehicle fled on foot, but was apprehend. It was later revealed that the vehicle driven by the suspect was an unreported stolen vehicle from the Los Angeles area. The suspect was cooperative and admitted knowing the vehicle was stolen. Lastly, the DUI checkpoint conducted on Saturday, December 21, 2012, in the area of Santa Fe Avenue and 38th Street, resulted in the arrest of 4 DUIs. Two other DUI arrests were also made by officers conducting saturation patrols within the City. Calleros noted that checkpoint's intent is to increase awareness on the dangers of impaired driving and to encourage sober designated drivers. Funding for the checkpoint is provided by the California Office of Traffic Safety. Captain James Rodino reported vandalism on January 4th and 5th 2013. Mayor Pro-Tem McCormick reported vandalism on the Pechiney location. Mayor Davis reported vandalism at 3188 Slauson Avenue, east of Boyle Avenue. Assistant Fire Chief, David Kimes reported that Fire personnel responded to 1,292 calls over the last year, including 92 fires, five of which were structural. The Department is training on the new apparatus. Director of Light & Power, Carlos Fandino reported on an outage at Meatco on January 4, 2013. It was discovered that the customer's substation lock had been forcibly cut. Vernon Police responded to investigate. Meatco is currently attempting to sub -lease the building and it appears the location was a target for theft. Fandino announced his intentions to travel to Sacramento next month with CMUA and SCPPA to meet with Senators. He anticipates meeting with the California Energy Commission to lobby for bio methane to count towards Bucket 1 renewable portfolio standards (RPS). He reported that June will be the first compliance period for the RPS. Consultant Peter Hervish provided an update on the Kern County property which the City owns. Hervish reported on discussions Page 12 of 15 Special City Council Meeting Minutes January 8, 2013 reported by County staff during a hearing at the Kern County Board of Supervisors in September 2012 on an alternative turbine design for wind energy generation and several workshops in 2012 provided by their staff. There is currently one alternate design wind turbine prototype in operation west of the City of Tehachapi in Kern County by its technology provider. The technology provider/developer of the alternate design is anticipating that about 90 units will be in place in Kern County in order to conduct an analysis for performance and avian mortality mitigation, among other parameters, in the near future. Upon completion of those studies the City may decide to undertake discussions with this technology provider and other parties to consider development of its land for wind energy production. Hervish reported that the alternate design units are `reportedly' more bird friendly. The studies by the technology provider are currently in the analysis phase of their prototype in Kern County. These units may also be looked at more favorably when considering military restrictions due to height considerations. Director of Health and Environmental Control, Leonard Grossberg reported that the Sustainable Development and Energy Efficiency Commission met December 19, 2012, and came to a decision on the type of solid waste agreements. Details are to be vetted out at a Special meeting scheduled for January 30, 2013. Director of Community Services and Water, Kevin Wilson announced the cancellation of the Advisory Committee on Business Development meeting for the month of January. Assistant to City Administrator, Alex Kung reported that the Oversight Board to the Successor Agency to the Redevelopment Agency met on January 3, 2013, and will be meeting again on January 14, 2013, at 4:00 p.m. to close the public comment period on the Due Diligence Review. There are a few items to discuss at the Successor Agency meeting which will be held at the conclusion of the City Council meeting. City Administrator, Mark Whitworth announced the Vernon Housing Commission meeting on March 13, 2013. He reported that housing vacancies had been filled using the most recent lottery list. He reported on the Vernon Quarterly publication which included articles on the budget efforts. Copies are now available. Whitworth reported that staff is working on the 6 month response to the JLAC report issued last summer. He anticipates the response to be submitted before the end of the month. He announced that Independent Reform Monitor John Van de Kamp's 6 month report will be issued by the end of January. He thanked the Department Heads for their efforts in working with Van de Kamp. Robert's Consulting has been engaged for the recruitment of the Fire Chief as he is no longer the Fire Chief. He noted that Department Heads no longer hold multiple positions. Mayor Davis commended staff on their efforts in reducing the budget deficit, and Department Heads for adjusting personnel to address the early retirement. Page 13 of 15 Special City Council Meeting Minutes January 8, 2013 Councilmember Maisano advised that if the City does obtain bids from other agencies for safety services, he recommends placing a limit on potential future costs increases in order to keep the budget under control. PUBLIC HEARINGS ITEM REVISITED City Attorney Nicholas Rodriguez revisited Resolution No. 2013- 03, Measure M, and the amendments to the language. Legal Counsel, Mark Mandell stated that the definition of a low income housing as it pertains to the proposed measure is not the same as that of the Vernon Housing Commission. The definition used for this intent is the same language used throughout the State. Mandell also noted that for Resolution No. 2013-01, Measure K, as it pertains to the proposed business license fee tax increase, adjacent or shared parking lot parcels will be done administratively, the language is not part of the measure. Mandell presented a copy of revised Resolution No. 2013-03. Changes to the measure and ordinance language, reflecting the two amendments, were presented. It was moved by Ybarra and seconded by Martinez to approve the amended language to Resolution No. 2013-03 and ratifying the resolution. Motion carried, 5-0. CLOSED SESSION At 11:04 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 - PENDING LITIGATION (2) Government Code Section 54956.9(a) Vernon Natural Gas Financing Authority v. Citigroup Global Markets Inc. FINRA Case No. 12-02371 Reed vs. Logan, et al. LACSC Case No. BS140963 2. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 3. CONFERENCE WITH LABOR NEGOTIATOR (2) Government Code Section 54957.6 (1) Agency Designated Representative: Dana Reed, Legal Counsel Unrepresented Employee: City Attorney (2) Agency Designated Representatives: Mark Whitworth, Teresa McAllister Page 14 of 15 Special City Council Meeting Minutes January 8, 2013 Employee Organizations: Vernon Police Management Association and Vernon Police Officers' Benefit Association (Employee Group 2) At 12:09 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 were no reportable actions. He noted that he did recuse himself from the closed session item pertaining to his labor negotiations, and that the matter also had no reportable action. At 12:10 p.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. ATTEST: Dabf/ Reed Interim City Clerk William J. Davis Mayor Page 15 of 15