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20130205 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 5, 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. Councilmember Maisano led the flag salute. Interim City Clerk Dana Reed announced that there were no changes to the agenda. PUBLIC COMMENT Interim City Clerk Dana Reed announced that this was the time allotted for public comment. Mayor Davis inquired whether anyone in the audience wished to address the City Council. There was no response. PRESENTATIONS 1. The Mayor and the City Council of the City of Vernon to commend Rory Burnett, Director of Finance, in recognition of his retirement and his many years of service to the City of Vernon. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Rory Burnett for His Many Years of Service to the City of Vernon City Administrator Mark Whitworth announced Rory Burnett's retirement date will be February 15, 2013. Whitworth read a proclamation recognizing Burnett for his years of service. Retiring Finance Director/ Treasurer Rory Burnett gave a brief speech advising that he may return as a consultant to Vernon. NEW HOUSING DEVELOPMENT 1. Public hearing on the approval of General Plan update, zoning amendment and Development agreement. - Director of Community Services and Water Kevin Wilson reported that staff has been working this last year on implementing amendments in the City's zoning ordinance to permit housing within the community as this is a key element in the good governance reform efforts. Staff worked with Hogle-Ireland Inc. to update the general plan and zoning ordinance, and draft the provisions for the housing element. In response to a request for proposals, Meta Housing Corporation ("Meta") was selected as the developer. It was decided that the City would own the land and that Meta would develop the property located at 52nd Drive. Wilson opined that the design is good, with open space and maximized density while still providing appropriate services to the residents. The services of Jon Goetz of Kronick Moskovitz Tiedemann & Girard were retained in order to assist staff with the Regular City Council Meeting Minutes February 5, 2013 development agreement and disposition development agreement. Goetz's firm also reviewed the California Environmental Quality Act ("CEQA") analysis. As part of the process, and to maintain transparency, the notice of preparation and other related documents was circulated. A notice of completion will be filed. Additionally the notice for the public hearing was publicized. Laura Stetson of Hogel-Ireland, Inc. presented the proposed actions: amendment to the housing element, procedures in the zoning ordinance which require CEQA documentation, adoption of Mitigated Negative Declaration, and other clean-up items in addition to the housing element in the zoning ordinance. Stetson presented the proposed overlay, and identified the site designated for emergency housing. Based on outreach, two sites were identified; 52nd Drive for the new housing and the northwest corner of the City for emergency housing. Stetson noted that it is an overlay over the industrial zone. She reported that the zoning ordinance amendment establishes the development agreement as a mechanism for the new housing. The zoning ordinance and development agreement describe how the housing will be built. In the initial CEQA study there were three areas of focus. Conclusions identified three areas of impact and the following recommendations were made: use of air filters, soil clean up, and use of double paned windows and/or block walls for noise control. Stetson reported that two comments were received in response to the CEQA documentation from Maywood and South Coast Air Quality Management District ("SCAQMD"). Stetson advised that staff has not had sufficient time to respond to the comments and requests that Council take no action in order to provide additional time to respond. Chris Maffris of Meta Housing Corporation provided an overview of the proposed housing. He reported that 45 units are proposed and are spread out between 5 modules. Maffris reported on the structural design elements and on the proposed amenities which includes a community center, police substation, edible garden, on -site management, on -site laundry facility, and fully gated and secure development. Maffris reported that the development will have an LEED silver certification which is 17.5o above Title 24. He explained that the certification means the project will be energy efficient. He further presented on the projects esthetics. Tenant services will also include, on -site social services, an after school program, health & wellness program and a neighborhood watch program. Maffris reported that March 6, 2013, is the application deadline for the first round of the 901 tax credit to be used for funding. He noted the importance of having the full entitlement and zoning changes completed by said date. Completion of the project is projected to be March 2015. Maffris reported on the lease -up procedures which will incorporate a lottery selection with a local workforce preference. Page 2 of 15 Regular City Council Meeting Minutes February 5, 2013 Consultant Jon Goetz reported on the Development Agreement. Goetz explained that the hardest component for affordable housing is the tax credit as the application process is very competitive. The first date to apply is March 6, 2013, with a second opportunity to in July 2013. Goetz explained the Development agreement which should be postponed until CEQA documentation has been approved. The agreement establishes vested rights, and specifically for this project, contains the development requirements. The Disposition and Development Agreement will be presented at the next City Council meeting. Goetz explained that it will be similar to a real estate agreement. The City will provide for a ground lease agreement and requirements for the operation of the project such as site management and tenant selection. Councilmember Ybarra inquired on the impact to the project should the 9% tax credit not be awarded. In response, Maffris advised that the process is competitive and that only a third of applicants receive the tax credit. Maffris opined that there is a good opportunity the project will receive the funding. If the funding is not awarded during the first round in March, there is an opportunity in July to reapply. However, this would delay the project approximately 3.5 months. Maffris advised that there isn't much redevelopment and believes the chances are good as the team has done an excellent job. In response to Councilmember Ybarra's concerns on possible soil pollutants, Maffris advised that part of the process will be site remediation. Wilson added that Meta Housing was provided research on the property. Minor contaminants were identified but are being addressed or were addressed. Goetz advised that for the tax credit Meta will have two opportunities per the written agreement. Should they fail, staff will be seeking direction from Council on how to move forward. However, Goetz advised that there is a lot that can be learned from a failed attempt, which is why the March date is important in order to have the two opportunities. At 9:43 a.m., it was moved by McCormick and seconded by Ybarra to open the public hearing for public comment concerning the new housing development. Motion carried, 5-0. Independent Reform Monitor John Van de Kamp recalled that two years ago the City was facing disincorporation and that arguments were made by Speaker John Perez and others that the City was unable to govern itself properly due to its small population and lack of leadership. Senator Kevin De Leon came to the City's aid and implemented the critical path reform measures. Most important of those measures was the doubling of the Vernon population. Van de Kamp reported on the City's efforts to begin the process, and opined that De Leon would be proud. Interim City Clerk Dana Reed announced the receipt of two letters, one from Maywood and the other from South Coast Air Quality Management District ("SCAQMD"). Director of Community Services and Water Kevin Wilson provided summaries of the two letters and advised that a formal response is being conducted. Maywood had various concerns including Page 3 of 15 Regular City Council Meeting Minutes February 5, 2013 parking, aesthetics and traffic. SCAQMD had raised concerns for the population based on environmental factors. He recommended that Council close the public hearing and defer any action on the new housing development until an adequate response to all can be made. Councilmember Ybarra inquired whether part of the project will include the addition of a new traffic signal at the site. -In response, Wilson advised that the amount of traffic would not warrant a signal, but that as the project develops the location can be reassessed. Wilson further added that modifications to the bridge project may potentially address the concern. At 9:52 a.m., it was moved by McCormick and seconded by Ybarra to close the public hearing concerning the new housing development. Motion carried, 5-0. City Attorney Nicholas Rodriguez requested that the items be continued to a date certain by motion. It was moved by Ybarra and seconded by Maisano that the following matters be continued to the February 19, 2013, City Council meeting at 9:00 a.m. - A Resolution of the City Council of the City of Vernon Adopting the Initial Study/Mitigated Negative Declaration for the Proposed Affordable Housing Development at 4675 52nd Drive, Associated Development Agreement, Disposition and Development Agreement, General Plan Amendments, and Zoning Ordinance and Map Amendments; and Adopting the Mitigation Monitoring Reporting Program - A Resolution of the City Council of the City of Vernon Approving Amendments to the Housing Element and Land Use Element of the City General Plan - Ordinance No. 1203 - An Ordinance of the City Council of the City of Vernon Updating the Comprehensive Zoning Ordinance of the City of Vernon Providing Additional and Amended Use Definitions and Language Clarification by Amending Chapter 26 of the Vernon City Code (first reading) Ordinance No. 1204 - An Uncodified Ordinance of the City Council of the City of Vernon Approving the Development Agreement Between the City and Meta Housing Corporation (first reading) CONSENT CALENDAR Interim City Clerk Dana Reed advised that Item 11 concerning the activity report for the Fire Department shall be removed from the Consent Calendar and will be addressed immediately after the Consent Calendar. It was moved by McCormick and seconded by Maisano, that the remaining matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. Page 4 of 15 Regular City Council Meeting Minutes February 5, 2013 Claims Against the City 1. None received Minutes Approval 2. Minutes of the Regular City Council Meeting held December 4, 2012, to be received and filed. 3. Minutes of the Special City Council Meeting held December 5, 2012, to be received and filed. 4. Minutes of the Special City Council Meeting held December 6, 2012, to be received and filed. 5. Minutes of the Joint, Special, and Regular City Council Meeting held December 18, 2012, to be received and filed. Warrant Registers 6. Ratification of City Warrant Register No. 1371, to record voided Check No. 339737 in the amount of $97.33. 7. Ratification of Light & Power Warrant Register No. 330 to record voided Check No. 509559 in the amount of $295.16. 8. Approval of City Warrant Register No. 1373, totaling $1,027,403.03, which covers the period of January 15, through January 29, 2013, and consists of the following: a. Ratification of wire transfers totaling $483,803.45; and b. Ratification of the issuance of early checks totaling $281,937.08; and c. Authorization to issue pending checks totaling $261,662.50. 9. Approval of Light & Power Warrant Register No. 338, totaling $4,190,162.29, which covers the period of January 15, through January 29, 2013, and consists of the following: a. Ratification of wire transfers totaling $4,105,474.20; and b. Ratification of the issuance of early checks totaling $12,551.23; and c. Authorization to issue pending checks totaling $72,136.86. 10. Approval of Gas Warrant Register No. 126, totaling $2,392,247.59, which covers the period of January 15, through January 29, 2013, and consists of the following: a. Ratification of wire transfers totaling $2,386,646.72; and b. Ratification of the issuance of early checks totaling $5,600.87. Fire Department 11. Removed. Page 5 of 15 Regular City Council Meeting Minutes February 5, 2013 REMOVED CONSENT CALENDAR ITEM Interim City Clerk Dana Reed advised that the dates for the Fire Department Activity Report are to be corrected on the agenda from "December 16, through December 31, 2013" to "January 1, through January 15, 2013." He clarified that no action is requested, the report is to be received and filed. It was moved by McCormick and seconded by Maisano to approve the filing of the Fire Department Activity Report with the corrected dates. Motion carried, 5-0. RESOLUTIONS City Attorney Department 1. Approval of the form of professional services contracts, requests for proposals, purchase order contracts and attorney services contracts under the Competitive Bidding and Purchasing Ordinance: Resolution No. 2013-23 - A Resolution of the City Council of the City of Vernon Approving the General Form of Personal Service Contracts, Types of Insurance and Indemnity, Purchase Order Contracts, Requests for Proposals and Attorney Services Contracts City Attorney Nicholas Rodriguez advised that the Competitive Bidding and Purchasing Ordinance is only a policy until it is implemented and administratively institutionalized. He recommends adoption of the proposed form of contract related documents. Rodriguez presented on the standardized documents such as personal services contract, insurance and indemnity provisions, purchase order contracts which are transactions under $25,000, requests for proposals, and attorney services agreements. Rodriguez reported that all standardized documents have good governance reform provisions such as not to exceed rates charged clause, three-year contract limit, explicit not to exceed dollar amount, rates cannot be increased as part of the CPI, equal employment opportunity provisions, and prevailing wages. The documents present commercially reasonable terms and conditions modeled after Pasadena. Rodriguez reported than in his tenure at Pasadena, there was no litigation on contract language. All documents are in plain English and avoid the use of "legalese." No material change to the documents is to be made without City Council approval. Same terms and conditions shall apply to all. Rodriguez presented and reported that the internal controls contract routing form provides a mechanism for the regularity from all departments. As he explained, an internal checks and balance. He advised that for purchase orders less than $25,000, written administrative procedures will be adopted. Future documents to be approved include the bidding process for contracts that are to be awarded based on cost alone. Rodriguez advised that the recommendation is exempt from the California Environmental Quality Act. Page 6 of 15 Regular City Council Meeting Minutes February 5, 2013 It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2013-23. Motion carried, 5-0. City Clerk Department 2. Approval of amendment to At Will City Attorney Employment Agreement: Resolution No. 2013-24 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the - Execution of an Amendment to At -Will Employment Agreement for Vernon City Attorney by and between the City of Vernon and Nicholas George Rodriguez Interim City Clerk Dana Reed reported that the record will show that City Attorney Nicholas Rodriguez exited the meeting as the proposed item affects his employment contract. Reed recalled that last summer he negotiated the terms on Rodriguez' contract effective September 2, 2012. Two provisions in the contract created public interest. The first provision was the tie between Rodriguez' employment with that of the City Administrator. It was suggested that the provision be eliminated. The proposed amendment removes this tie making it a stand alone contract unrelated to that of the City Administrator's. The second concern was the amount of severance pay without cause. originally the terms were 24 months. The proposed amendment reduces this down to 12 months. Reed reported that a few other minor changes are also included in the proposed amendment. To explain, new legislation for conviction of crime for the misuse of public funds has been included. Additionally, administrative time -off has been approved by the City Council, and Rodriguez has requested that said time be applicable to his employment retroactively to his hire date. In response to Councilmember Ybarra's request for clarification, Reed advised that new policies adopted by the City Council do not supersede an individual's agreement; rather the employee is tied to their agreement. The recommended amendments will include the recent changes in administrative time. It was moved by McCormick and seconded by Martinez to approve Resolution No. 2013-24. Motion carried, 5-0. Community Services & Water Department 3. Approval to enter into a Memorandum of Agreement with Gateway Cities Council of Governments regarding the implementation of the Los Angeles River and Tributaries Bacteria TMDL Coordinated Monitoring Plan: Resolution No. 2013-25 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Agreement By and Between the City of Vernon and the Gateway Cities Council of Governments, regarding the Administration and Cost Sharing of the Coordinated Monitoring Plan for the Los Angeles River and Tributaries Bacteria, TMDL Page 7 of 15 Regular City Council Meeting Minutes February 5, 2013 Director of Community Services and Water, Kevin Wilson reported that the request is to facilitate the monitoring of the Los Angeles River ("LA River") under the storm water permit requirements. He is proposing that the City join with other cities in order to mitigate costs. Of the 43 agencies that contribute to the LA River tributaries bacteria, 37 agencies intend to enter in the proposed memorandum. Total estimated costs are $160,000. The City of Los Angeles will undertake the project on behalf of all participating agencies. Based on the formula, the City's share of the cost is approximately $2,000. To conduct the monitoring on our own, Wilson advised that the costs will be approximately $100,000. In response to Mayor Davis, Wilson advised that for the moment there are 37 agencies that may participate. If some decide to not participate, it would increase the City's estimated cost. He opined that to conduct the monitoring on your own is not practical or cost effective. He opined the memorandum will move forward with the same amount of participants. It was moved by Maisano and seconded by Ybarra to approve Resolution No. 2013-25. Motion carried, 5-0. Light & Power Department 4. Approval of collections service agreement with Caine & Weiner: Resolution No. 2013-26 - A Resolution of the City Council of the City of Vernon Accepting the Proposal of Caine & Weiner Company, Inc., and Approving and Authorizing the Execution of a Services Agreement by and between the City of Vernon and Caine & Weiner Company, Inc., for Collection of Past Due Receivables Director of Light and Power Carlos Fandino reported that on October 16, 2012, the City Council approved a resolution for request for proposals ("RFP") for collection services. Caine & Weiner Company, Inc. ("Caine") was the only company to respond to the RFP. Fandino advised that currently the City does not have any relationship with a debt collection service. Caine's fees will be contingent on moneys collected. Fandino reported that the cost is 200 of fees collected, and that costs increase if a matter is litigated. Fandino advised that this is an effort to decrease bad debt which is estimated at $150,000 for fiscal year 2013. In response to Councilmember Ybarra, Fandino confirmed that if no monies are collected no fees will be paid to Caine. In response to Mayor Pro-Tem McCormick, Fandino confirmed that other departments will be able to use the company for collection services. It was moved by McCormick and seconded by Martinez to approve Resolution No. 2013-26. Motion carried, 5-0. Page 8 of 15 Regular City Council Meeting Minutes February 5, 2013 Purchasing Department 5. Ratification of monthly purchase order for fire apparatus services for the period of January 1, 2013 through June 30, 2013 in the amount of $50,000: Resolution No. 2013-27 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Issuance of Monthly Purchase Orders to Fire Apparatus Solutions for Vehicle Maintenance and Repair Services Pending Completion of a Competitive Bid Process Interim Fire Chief David Kimes reported that over the last two years the Department has used Fire Apparatus Solutions for maintenance services for mobile units. The contract expired in December 2012, but is requesting that it be extended until June 2013. A request for proposals will be conducted for the next period. In response to Councilmember Ybarra's inquiry on the discrepancy between the amount sought and the amount identified in the agreement, Kimes advised that the services can be at a cost of $50,000, and that the amount does not need to be adjusted or increased. It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2013-27. Motion carried, 5-0. ORDINANCES 1. Ordinance establishing a Personnel Merit System for the administration of City personnel which will allow the administration of city officers and employees: Ordinance No. 1202 - An Ordinance of the City Council of the City of Vernon Adding a New Article I, Section 2.4, to Chapter 2 of the Vernon Municipal Code to Establish a Personnel Merit System and Amending Article I, Section 2.6- 6(c), regarding the Authority of the City Administrator in Personnel Matters and Organization (first reading) City Administrator Mark Whitworth reported that as a result of the November 8, 2011, Election, Measure C removed the at will employment provision for City employees. Staff was tasked with putting together a recommendation for a system by witch to manage and treat personnel appropriately. The proposed is a merit system. Human Resources Director, Teresa McAllister further explained that the proposal is the hiring, promotion, demotion, or suspension of an employee based on merit, such as an administered test. This shall ensure that demotions are not discriminatory. The next step will be setting rules and policies for the City. McAllister explained that the ordinance is the umbrella for the process and defines how and who has authority to hire. The recommendation states that the City Administrator and City Attorney shall have authority over the hiring of all City employees. This excludes the current recruitment for the Fire Chief. Memorandums of Understanding ("MOU") for the bargaining units are excluded. McAllister reported that the City Council Page 9 of 15 Regular City Council Meeting Minutes February 5, 2013 is identified as the final decision makers in the grievance procedures for the MOUs. McAllister advised that for all not under a current MOU, policies and procedures will be developed and presented to the City Council. The recommendation to authorize the City Administrator to appoint, terminate, and discipline is provided on the basis that it diminishes any scrutiny against the City Council. Councilmember Ybarra clarified that under the proposed policy, Council will have no authority over the hiring of department heads in the future, and that the City Administrator has full power, to which Whitworth confirmed that the City Administrator would have that responsibility. Councilmember Ybarra was in disagreement with the proposed policy as written. He opined that the policies and procedures should be presented before the Ordinance. He also recommended the continuance of the search firm process and Council having the final authority over the hiring of Department Heads. However, he proposed that the search process be conducted by the Human Resources Director. Ybarra recommended that Council wait to see the policies and procedures before moving forward with the Ordinance. Ybarra advised that he is in agreement that a certain level of the workforce should be under the City Administrator's authority and not the Councils. Councilmember Maisano sought clarification on which departments would fall under the authority of the City Administrator. Whitworth advised that the recommendation conforms to best practices. As proposed, the City Administrator has the responsibility. Council will concentrate on the policy and the City Administrator will be charged with the delivery of the policy. City Attorney Nicholas Rodriguez advised that there is no right or wrong answer, if the Council wants to retain authority over the hiring of Department Heads then it can be done; however, there are trade offs. Rodriguez explained that the selection of administrative staff should be shielded from political influence. Councilmember Ybarra opined that in order to make a decision the policies and procedures need to be presented first in order to understand how things will function. In the past, the Council has always had the final authority, and opined that there needs to be a balance. He further advised that the Ordinance needs to define the merit system more clearly. Mayor Pro-Tem McCormick advised that in most cities the City Administrator has full authority to hire. However, he agrees with Ybarra in that responsibility over Department Heads should be retained with the City Council. The City Administrator can recommend Department Heads but the Council has the final approval. Page 10 of 15 Regular City Council Meeting Minutes February 5, 2013 Mayor Davis inquired whether the item can be tabled. In response, Interim City Clerk Dana Reed advised that there is no legal requirement to take action. Mayor Davis recommended that the item be reagendized at the next City Council meeting. It was moved by McCormick and seconded by Ybarra to defer Ordinance No. 1202 until the February 19, 2013, City Council meeting. Motion carried, 5-0. NEW BUSINESS 1. Ratification and approval of purchase order issued to Mallory Fire for the purchase of 180 Sperian Chemical, Biological, Radiological and Nuclear Canisters and 90 Sperian self contained breathing apparatus mask adaptors in the amount of $19,532.91. Mayor Pro-Tem McCormick inquired whether this was a purchase through the UASI grant. It was confirmed by Finance Director, William Fox. City Administrator Mark Whitworth provided a background on the use as first responders. He reported that the amount is fully reimbursed. It was moved by McCormick and seconded by Maisano to approve the purchase order to Mallory Fire. Motion carried, 5-0. QUARTERLY BUDGET UPDATE 1. Presentation by the Director of Finance on the City's budget. City Administrator Mark Whitworth advised that the purpose of the presentation is to maintain transparency, keep the Council informed, and provide a background on the budget. Finance Director William Fox explained that the presentation will review revenues and expenses over the last five years, look at where the City is as of December 2012 and forecast for the end of the fiscal year. Fox presented on revenue decreases over the years. With the exception of a flux in 2011, he noted a downward trend in revenues. He also noted a downward trend in expenses. A large expense is the cost of fuel, which he explained is a fixed cost and has not had much fluctuation. The Redevelopment Agency, which is separate from the City, has historically been a big part of the City's operations, but has now been dissolved. A significant revenue source for the City is now gone. Fox reported that through downsizing there has been a steady decline in expenses. Since 2008, the workforce has been reduced by 82 employees. Fox reported that the City had initially budgeted Utility User Tax ("UUT") revenues that did not come to fruition. He advised that this practice will change. Page 11 of 15 Regular City Council Meeting Minutes February 5, 2013 Fox reported on the water rights sale and on a legal settlement which provided $9 million in revenue that was not budgeted. He noted that these were one-time items. Fox presented on the budgeted costs versus actual costs. He reported on past efforts to reduce budget costs including increased employee retirement contributions by the employees since 2010, and limited health benefit allowances wherein the past were fully funded by the City. He provided a synopsis of current and future action items including the PARS early retirement incentive and the termination of contracts, lessening the reliance on outside consultants. Exploring debt restructuring options, cost of service study, long term financial modeling, employee classification study, and internal efficiencies are all future plans. Through the measures on the April 9, 2013, election ballot, anticipated revenue will help the City as it moves forward. In response to Mayor Davis, Fox reported that PARS is the third largest in California. There are over 600 cities in California who have used their services. They are a good public tool. Mayor Pro-Tem McCormick inquired on the cost of service study. Fox explained that through a request for proposals, an independent consultant will be retained to conduct a study on cost allocation so that services being provided are properly allocated. Secondly, it will determine true overhead cost per employee so that accurate cost of labor can be determined. Based on the information, Council can make a decision on whether to continue subsidizing costs or increase service fees. The Study will also compare Vernon's cost to surrounding cities. In response to Councilmember Martinez' inquiry on the classification study, Fox explained that through a request for proposals a consultant will be retained to evaluate what employees are doing versus their job specifications. This will determine whether they are congruent or incongruent. It will also determine market price, and whether they are being compensated above or below market. Ideally, the City would pay according to market. ORAL REPORTS Police Chief Daniel Calleros reported that on January 22, 2013, the CTIP Cargo Theft Investigation Team recovered approximately 12 pallets of stolen meat valued at approximately $85,000. The theft had originally been reported in November 2012. Through investigative leads, investigators located a partial load in the City of San Bernardino and a second load in the City of Pomona. One suspect was taken into custody; the investigation is on- going. On January 28, 2013, a motorcyclist was killed in a fatal traffic collision. Witnesses reported seeing the motorcyclist travelling at high speeds. According to witnesses, the motorcyclists collided into a truck and was ejected onto the roadway were he was struck by another truck. The motorcyclist was pronounced dead at the scene. Page 12 of 15 Regular City Council Meeting Minutes February 5, 2013 On January 30, 2013, a street robbery was reported during the late evening hours. The victim was walking to work when he was confronted by three suspects loitering near the train tracks in the City of Maywood. One of the suspects brandished a handgun and removed the victim's wallet and cell phone from his pockets. The suspects fled the scene on foot. A search for the suspects was conducted by patrol personnel but none were apprehended. On February 3, 2013, a fuel theft was reported in the 3200 block of Slauson Avenue. A witness observed the suspect tampering with a fuel pump. When he was confronted the suspect fled the scene. Officers located and took the suspect into custody. Calleros announced that at 12:00 p.m. the People for the Ethical Treatment of Animals ("PETA") intend to conduct a demonstration in front of Clougherty Meat Packing Company/Farmer John in order to raise awareness of factory farms and animal cruelty. The demonstration is expected to conclude at 1:00 pm. PETA representatives indicate that the demonstration will be peaceful. Mobile Field Force and Motor Officers will be deployed to address any issues that may arise. Calleros reported on a meeting with Maywood and concerns over the 30 day vehicle impound but noted that the City's policy incompliance with State law. He will be working with the City Attorney on concerns raised. Councilmember Ybarra inquired whether there are permit requirements for demonstrations such as the ones conducted by PETA. In response, Calleros advised that as long as demonstrators do not impede with traffic, no permit is required. Captain James Rodino reported vandalism on January 31, 2013, in the area of 26th Street. Officers responded to an alarm and detected the scent of aerosol. Two suspects were apprehended. The company conducted an assessment of the damages and felony charges will be assessed. Mayor Pro-Tem McCormick reported on vandalism at Packers and Alcoa Street, and at the Pechiney location. Interim Fire Chief David Kimes reported that there has been a normal amount of service calls, and mentioned a mutual aid response for hazmat. Kimes announced the completion of the hazmat training for new employees. Pay for the training is covered through grants. Additionally, fire personnel attended a truck academy. Director of Light & Power Carlos Fandino reported that the California Energy Commission ("CEC") has a white paper on how to deal with bio methane, but did not address the Bucket categories. Fandino reported that he will be working with SCPPA on a response to CEC on Vernon's position. On January 23, 2013, City Hall was directly affected by a power outage that occurred during testing conducted by the Control Center. There were concern over units at the Malburg Generating Station, and Beowulf Energy was asked to look at the units. No problems were identified. In response to Mayor Davis' inquiry, Fandino reported that during the outage the feed was from the Vernon Substation only. Page 13 of 15 Regular City Council Meeting Minutes February 5, 2013 Fandino further reported on a power outage on January 31, 2013, involving a balloon and on an incident on February 2, 2013, involving balloons that did not cause an outage. On January 25, 2013, police responded to a traffic collision at the power plant at the corner of Seville Avenue and Leonis Boulevard. Police determined that the hit and run incident was not an act of terrorism. Fandino reported on a meeting at Farmer John regarding a potential rebate program and incentive for new customers. In response to Mayor Davis' inquiry on who would benefit from potential incentive programs, Fandino clarified that any existing customer that wants to expand or any potential new customer with specific load requirements would qualify. Fandino noted that the potential program is still in draft form, and that there would be a five year contract for load commitments. Director of Community Services and Water Kevin Wilson announced the cancellation of the Advisory Committee on Business Development meeting for the month of February. He advised that the recommendation will be to shift to a quarterly meeting schedule. Wilson announced that new NPDES permit requirements for redevelopment projects and new construction take effect within the week. There has been a recent rush in grading permits to avoid the new requirements. In response to Mayor Pro-Tem McCormick's inquiry on the air conditioning unit at City Hall, Wilson advised that in approximately two month the unit will be back up and running. Director of Health and Environmental Control Leonard Grossberg reported on vehicle inspections conducted the previous week. He thanked the Fire Department for their assistance and Light and Power Department for traffic control. Grossberg reported that the Sustainable Development and Energy Efficiency Commission held a special meeting on January 30, 2013. The next meeting is scheduled for February 20, 2013. Assistant to City Administrator Alex Kung announced the Oversight Board to the Successor Agency to the Redevelopment Agency meeting on February 7, 2013. Staff will be working on the next recognized obligation payment schedule for period July through December 2013. Council has a few items to address at the Successor Agency to the Redevelopment Agency meeting at the conclusion of the City Council meeting. City Administrator Mark Whitworth announced the informational meeting on February 12, 2013 at 6:30 p.m. at the Holy Angel Church of the Deaf on the proposed tax measures. A second meeting is scheduled for February 27, 2013, at 4:00 p.m. at City Hall. All are encouraged to attend. Whitworth announced that as part of the good governance reforms, Independent Reform Monitor John Van de Kamp's six month report is now available. Van de Kamp is to provide an overview at a future date meeting. Response to the JLAC auditor was issued highlighting the new management staff and steps to address the Page 14 of 15 Regular City Council Meeting Minutes February 5, 2013 general fund deficit. The response also included the updated matrix which is available on the City's website. Robert's Consulting made available the brochure for the Fire Chief position on January 24, 2013. The deadline to submit an application for said position is February 25, 2013. Whitworth reminded Council that as of January 31, 2013, 22 employees retired. He thanked Petrelli Electric for sponsoring the farewell barbeque luncheon. Whitworth acknowledged Kevin Wilson for his efforts on the housing project and Nicholas Rodriguez on the contract forms. Mayor Davis also acknowledged the progress on the housing project. Hearing no other business at 11:43 a.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. William J. Davis-' Mayor ATTE T: Dana Reed Interim City Clerk Page 15 of 15