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20130319 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MARCH 19, 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. CHANGES TO THE AGENDA Interim City Clerk Dana Reed commented on the literal change to the agenda's appearance from previous postings. The City Clerk's Department in conjunction with the City Attorney worked together to improve the agenda, making it more user friendly. The changes are not required by law but rather are intended to provide more information. Secondly, Reed requested that the order of the presentations be switched, and that the presentations on the lifesavings award be addressed first. 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. Huntington Park Councilmember Rosa Perez representing the American Cancer Society presented the City of Vernon with a plaque for its support in the fight against cancer. She thanked all for the support on behalf of the Association. PRESENTATIONS 2. Presentation of a lifesavings award to Officers Edward Hernandez and Christian Moscoso, for their actions in providing medical aid to a victim of a heart attack. Police Chief Daniel Calleros honored both Officer Hernandez and Officer Moscoso for the life saving measures they performed on a victim of a heart attack on November 7, 2012. Calleros reported on the incident and announced that the victim has made a full recovery. Calleros announced that the recovery was due in part to the rapid response by the Officers and paramedics. Statistically, 940 of victims of a heart attack die before reaching the hospital. The incident is a testament to the AED devices. On behalf of the City of Vernon, Calleros commended the officers for their services. The Council presented the Officers with an award. 1. Presentation by Michael Kodama on the current status of the Orangeline Development Authority transit project. Director of Community Services and Water Kevin Wilson reported on the City's participation in the Joint Powers Authority. Representative Michael Kodama provided a brief presentation. Regular City Council Meeting Minutes March 19, 2013 Kodama reported that the Agency is in the process of changing its name to the Eco-Rapid Transit. It is comprised of 15 members. The total area encompasses 4.8 million people. Its objective is to provide a high speed, grade separated, environmentally friendly, and energy efficient form of public transportation. Part of the project is anticipated to go through the City of Vernon. Kodama reported that the Alternative Analysis has been completed. Before the environmental impact report is conducted, the projects capability is determined. Kodama explained the West Bank 3 and East Bank options; both of which would run through Vernon. Of the two, the West Bank 3 option is preferred. The project will be forwarded to Metro for further study and refinement. The Agency is currently creating a transit oriented corridor guidebook. The Agency is working with Wilson and staff. He advised that the City needs to be involved 'in order to make decisions on how to benefit the community. In response to Mayor Davis' inquiry on when construction on the project would begin, Kodama explained that the project is considered a "second decade project." He further explained that the project is dependent on funding and that a measure similar to that of Measure J would expedite the process. Alternatively, a public -private partnership can also speed up the process. 3. Presentation by Mr. John Van De Kamp, Independent Reform Monitor, on his January 31, 2013, Report on the City of Vernon. Independent Reform Monitor John Van de Kamp advised that his six-month report includes recommendations and conclusions as well as an update on what still needs to be done. Van de Kamp opined that the City has come a long way and he is proud of what has transpired. The City has also appointed a top notch executive group, with good government background. Although Council has been supportive of the progress, Van de Kamp recommended that Council react more to the recommendations; positive or negative. He advised that Council can have a positive role by asking more questions and becoming better informed. The City's biggest issue is its financial situation. Net assets' value has declined drastically compared to five years ago. The City must put its financial house in order. Major steps have been taken, but more are needed. The City is anticipated to break even in its budget for the current fiscal year; in part, due to the sale of the water rights and the PARS early retirement incentive. There is still however, an $8 million shortfall going into the next fiscal year. The proposed tax measures on the April 9, 2013, ballot are important in addressing the deficit. He applauded staff for educating the public. Vernon businesses were brought in to look at fair and appropriate tax measures. If the measures are approved, it will be a step towards fiscal balance. Page 2 of 15 Regular City Council Meeting Minutes March 19, 2013 Van de Kamp reported that Senator Kevin De Leon's recommendation for a long-term community benefit fund is still outstanding. The exact amount of the fund can be negotiated. Van de Kamp advised that the amount that is to be dedicated to the Community Benefit Fund is not mandated, he urged that the City discuss and negotiate the amount to be flexible and dependent on the budget. He recommended the modification of the resolution setting forth the amount. He recommended that staff negotiate with Senator De Leon and Senator Lara and place on record the City's intentions. Van de Kamp opined that the community projects that have been identified are good, but that the funds could be spread out more. The Sustainable Development and Energy Efficiency Commission has been working on addressing Senator De Leon's recommendation on a revised trash hauling program in order to mitigate environmental concerns. Van de Kamp stated that the City's salaries are within the norm but recommended that they be reviewed every three years. He reported that only two of the current Council members have the new lower salaries. After the April election, there will be three Council members with the lower salary. There should not be a differentiation in salary. He recommended placing the issue on the agenda. He recommended that the salary be compared to that of other cities as even the new lower salary is in the upper tier. Van de Kamp reported that the study on the Police Department by Matrix Consulting had been completed and that the quote from the County Sheriff's Department had been received. It is clear that everyone would like to keep the Vernon Police Department, but he recommended that Council make a definitive decision on rejecting the Phase 2 portion of the Sheriff's proposal. Furthermore, Council should closely follow the efforts made by the Police Department. Contracting with Maywood should be considered. With the amount of proactive time available, the City could stand to save $2.5 million if it can also police the City of Maywood. This is beneficial to Maywood, as they also stand to save money. If this should not come to pass, then discussions with the Police Chief on work force reduction should commence. New recommendations include the reconsideration of staggered terms for Council members at the completion of the new housing development. Review on the compliance of the competitive bidding process, and newly adopted purchasing ordinance. Council meeting minutes should be current within 6 weeks of the meeting. Council agenda packets and relevant backup material should be available online as soon as practical. In summary, a lot of good has been done. The occupancy rate has been steady, but Vernon needs to remain business friendly, and involve the businesses in the process. Get businesses to understand the City's municipal duties. Not all will be in universal agreement, but they do need to be involved and have a voice. Page 3 of 15 Regular City Council Meeting Minutes March 19, 2013 PUBLIC HEARINGS 1. Public Comment on the request to grant a variance from Section 26.4.1-7(g) of the Vernon City Code, which states that no lot shall be established for any use unless the lot is at least one acre in size. Director of Community Services and Water Kevin Wilson reported that Force-44th Street, LLC has requested a variance on a parcel located at 4366 Alcoa Avenue, formerly the Calcan site. The property is made up of several building complexes. Wilson reported on the property. He advised that the truck loading area extended into the neighboring lot. Shifting of the lot line is required to conform to the loading dock requirements. Wilson explained that the recommendation involves the shifting of two lot lines. The shifting of the lot lines will create one parcel that is less than one acre, and thus the need for the variance. Wilson advised that recommendation will resolve two issues: access to the existing building and the parking requirements. He clarified that no special privileges will be provided by the variance. By not approving the shift of the lot lines, major demolition to the property will be necessary in order to bring it into compliance. The change will not create a nuisance to the neighboring properties. Conditions of the variance include keeping the lot in sanitary condition, paving and striping the area in accordance with the parking plans, maintaining the access to Alcoa Avenue free from obstruction, and recording a covenant that ties the parking lot to the site. They are not to be sold separately. At 9:52 a.m., it was moved by McCormick and seconded by Maisano to open the public hearing for comments on the request to grant a variance from Section 26.4.1-7(g) of the Vernon City Code. Motion carried, 5-0. Hearing and seeing no comments, at 9:53 a.m., it was moved by McCormick and seconded by Ybarra to close the public hearing. Motion carried, 5-0. Resolution No. 2013-39 - A Resolution of the City Council of the City of Vernon Approving a Variance to Force-44th Street, LLC from Section 26.4.1-7(g) of the Vernon City Code, for the Property Located at 4366 Alcoa Avenue Recommendations: (1) Find the variance is categorically exempt under the California Environmental Quality Act ("CEQA") in accordance with Title 14, Chapter 3, Class 5, Section 15305; and (2) Adoption of the resolution approving the variance from Section 26.4.1-7(g) which states that no lot shall be established for any use unless the lot is at least one acre in size, subject to certain conditions, to Force- 44th Street, LLC for the property located at 4366 Alcoa Avenue. It was moved by Martinez and seconded by McCormick to approve Resolution No. 2013-39. Motion carried, 5-0. Page 4 of 15 Regular City Council Meeting Minutes March 19, 2013 CONSENT CALENDAR It was moved by McCormick and seconded by Ybarra to approve the matters listed on the Consent Calendar as recommended. Motion carried, 5-0. Claims Against the City (to be received and filed) 1. None received Minutes Approval 2. Minutes of the Special City Council Meeting held January 8, 2013, to be received and filed. 3. Minutes of the Regular City Council Meeting held February 5, 2013, to be received and filed. 4. Minutes of the Regular City Council Meeting held February 19, 2013, to be received and filed. 5. Minutes of the Special City Council Meeting held February 26, 2013, to be received and filed. Warrant Registers 6. Ratification of following City Warrant Registers to record voided checks: a. City Warrant Register No. 1367 to record voided Check No. 339218 in the amount of $10.01; and b. City Warrant Register No. 1375 to record voided Check No. 340191 in the amount of $250.00; and c. City Warrant Register No. 1375 to record voided Check No. 340214 in the amount of $20.00. 7. Approval of City Payroll Warrant Register No. 681, totaling $3,614,902.60, which covers the period of January 13, through February 9, 2013, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $2,762,454.62; and b. Ratification of checks and electronic fund transfers totaling $852,447.98. 8. Approval of City Warrant Register No. 1376, totaling $1,359,097.01, which covers the period of February 26, through March 11, 2013, and consists of the following: c. Ratification of wire transfers totaling $850,907.29; and d. Ratification of the issuance of early checks totaling $312,341.86; and e. Authorization to issue pending checks totaling $195,847.86. 9. Approval of Light & Power Warrant Register No. 341, totaling $2,716,795.52, which covers the period of February 26, through March 11, 2013, and consists of the following: Page 5 of 15 Regular City Council Meeting Minutes March 19, 2013 a. Ratification of wire transfers totaling $2,590,535.09; and b. Ratification of the issuance of early checks totaling $7,681.18; and c. Authorization to issue pending checks totaling $118,579.25. 10. Approval of Gas Warrant Register No. 129, totaling $2,264,305.80, which covers the period of February 26, through March 11, 2013, and consists of the following: a. Ratification of wire transfers totaling $1,951,167.55; and b. Ratification of the issuance of early checks totaling $15,289.40; and c. Authorization to issue pending checks totaling $297,848.85. Community Services & Water Department 11. Building Department Report for the month of February 2013, to be received and filed. Fire Department 12. Activity Report for the period of February 16, through February 28, 2013, to be received and filed. Health Department 13. February 2013 Monthly Report, to be received and filed. Light & Power Department 14. December 2012 Resource Procurement Report, to be received and filed. Police Department 15. Activity Log and Statistical Summary of Arrest and Activities for the period of February 16, through February 28, 2013, to be received and filed. RESOLUTIONS City Administration 1. Resolution No. 2013-40 - A Resolution of the City Council of the City of Vernon Declaring the Month of April, 2013, as "Sexual Assault Awareness Month" and April 24, 2013, as "Denim Day". Recommendation: (1) Find that approval of the proposed proclamation is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adoption of the resolution proclaiming April 2013 as "Sexual Assault Awareness Month" and April 24, 2013 as, "Denim Day" in the City of Vernon in support of the Page 6 of 15 Regular City Council Meeting Minutes March 19, 2013 Peace Over Violence sexual violence education campaign. Human Resources Director Teresa McAllister reported that the U.S. government declared April as such and that Peace Over Violence in Los Angeles declared April 24th as such. She reported on the Supreme Court decision on a rape and sexual assault case. It is a social statement with a fashion statement. The City has supported the campaign in prior years. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2013-40. Motion carried, 5-0. Community Services & Water Department 2. Resolution No. 2013-41 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment for the Properties Located at 4366, 4400 and 4550 Alcoa Avenue in the City of Vernon. Recommendation: (1) Find that the proposed Lot Line Adjustment is categorically exempt based on a Class 5 Categorical Exemption under the California Environmental Quality Act ("CEQA") in accordance with Section 15305 which consists of minor alterations in land use limitations in areas with an average slope less than 20%, which do not result in any changes in land use or density including minor lot line adjustments, side yard, and set back variances not resulting in the creating of any new parcel; and (2) Adopt a resolution approving the Lot Line Adjustment and authorizing the Mayor and City Clerk to execute said document. Director of Community Services and Water Department Kevin Wilson advised that the request goes hand -in -hand with the variance request approved earlier during the public hearing. With no further questions, it was moved by Ybarra and seconded by Martinez to approve Resolution No. 2013-41. Motion carried, 5-0. Human Resources Department 3. Resolution No. 2013-42 - A Resolution of the City Council of the City of Vernon Approving and Adopting New Personnel Policies and Procedures relating to Employment with the City and Employee Work Environment. Recommendation: (1) Find that approval of the proposed personnel policies and procedures are exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adoption of the new Personnel Policies and Procedures, Terms of Employment I-1, Probation and Training Period I-6, Secondary Employment I-7, Employee Separation I-8 and incorporate them into the Personnel Policies and Procedures Manual; and Page 7 of 15 Regular City Council Meeting Minutes March 19, 2013 (3) Authorize the City Administrator and the Director of Human Resources to execute and distribute the policies to all employees. Human Resources Director Teresa McAllister presented an overview of the policies. She reported that the proposed polices have been vetted with the various associations, all have agreed upon the terms and conditions. McAllister advised that once the policies have been adopted they will be posted on the City's website for transparency. Training on the new policies will be conducted. McAllister reported on Form I-1, Terms of Employment, and explained the difference between classified and non -classified positions. The types of positions were reported on. The policy is part of the reform efforts to address the removal of the at will employment status. In response to Councilmember Ybarra's inquiry on what happens if a part-time employee goes over the 1,000 hour threshold, McAllister advised that there will be a financial impact; not only to the City, but to the employee as well due to the CalPERS contribution. The payroll department monitors this activity and provides a notice to the Department Head and Human Resources if the threshold is close to being met. The City has very few part-time employees. It was confirmed for Councilmember Ybarra that a part-time employee does not get full-time employment if over 1,000 hours are worked during the fiscal year. In response to public inquiry from Steve L'Ecluse of Bandini Truck Terminal, Inc., McAllister explained that "property right" is the right a public servant has to their position. No release of employment without due process; notification of intentions to release must be provided. Additionally, employees are given the opportunity to appeal or be heard. L'Ecluse inquired on why some employees have a property right were as other do not. In response, McAllister explained that the City defines who is at will and who is not. Normally temporary or part-time employees do not have property interest but it is at the City's discretion. Since Department Heads serve at the will of the City Administrator, they do not have property rights. In response to Councilmember Ybarra's statement, McAllister confirmed that much of the change is due to the approval of the removal of the at -will status of employment during the November Election in 2011. In further response to Councilmember Ybarra's statement, McAllister advised that the current Memorandums of Understandings list the City Council as the final authority for disciplinary procedures. Teamsters are looking to form a union for miscellaneous employees, but the current process is to notify an employee of intent to release. McAllister reported and explained I-6, Probation and Training Period. She noted a difference in training period between safety and regular personnel as safety must go through various certification requirements. Page 8 of 15 Regular City Council Meeting Minutes March 19, 2013 McAllister reported and explained I-7, Secondary Employment. She advised that the City has a right by law to be informed of other employment employees may have. I-8, Employee Separation, was also reported and explained. It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2013-42. Motion carried, 5-0. NEW BUSINESS Community Services & Water Department 1. Request to approve Encroachment License Agreement No. 412 to Vest, Inc. for the property at 6023 Alcoa Avenue to maintain structure in the City of Vernon right-of-way. Recommendation: (1) Find that approval of the Encroachment License Agreement is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15301, Existing Facilities, Class 1, licensing; and (2) Approve and grant an Encroachment License Agreement to Vest, Inc. to maintain a canopy and five 12" roof drains that project into the City right-of-way. Director of Community Services and Water Department Kevin Wilson reported that a similar encroachment license was issued 25 years ago. Alcoa Street was once a private street before it became a public right-of-way. The property's roof drain extends into the right-of-way and thus the need for the encroachment license. The original license issued is expiring. Staff requests that the license be issued for an additional 25 years. It was moved by McCormick and seconded by Maisano to approve Encroachment License Agreement No. 412. Motion carried, 5-0. 2. Approval of a second amendment to the Purchase Agreement for imported water with Central Basin Municipal Water District extending the terms and conditions of the Agreement for two additional years. Recommendation: (1) Find that approval of the proposed second amendment to the Purchase Agreement for Imported Water with Central Basin Municipal Water District is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve extending terms and conditions for two years. This is a sole source, commodity contract exempt from the competitive processes of Vernon's Competitive Bidding and Purchasing Ordinance. Director of Community Services and Water Department Kevin Wilson reported that the City entered in to an agreement five years ago in order to receive discounted water rates under Tier 1. Tier 2 rates are approximately 10-15% higher. As part of the agreement the City needs to advise on the quantity it intends to use. The agreement can be amended to adjust to the demand. The recommendation will extend the original agreement for an Page 9 of 15 Regular City Council Meeting Minutes March 19, 2013 additional two years. This will be the second amendment as the first amendment was to reduce the demand. It was moved by McCormick and seconded by Martinez to approve the second amendment to the Purchase Agreement with Central Basin Municipal Water District. Motion carried, 5-0. 3. Approval of the assignment of the City's agreement with Hogle Ireland, Inc. to Moore Iacfano Goltsman, Inc. (MIG) Recommendation: (1) Find that approval of the proposed approval of the agreement is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the assignment of the City's Agreement with Hogle Ireland, Inc. to Moore Iacfano Goltsman, Inc. (MIG) effective January 1, 2013. The assignment does not alter or amend language of the original agreement with Hogle Ireland, Inc. Director of Community Services and Water Department Kevin Wilson reported that the City had approved an agreement with Hogle Ireland, Inc ("Hogle") for the General Plan, Housing Element and CEQA documentation. Since then, Hogle has been acquired by MIG. They have requested the reassignment of the agreement and the Department is agreeable to the request. It was moved by Ybarra and seconded by Maisano to approve the assignment of the City's agreement with Hogle Ireland, Inc. to Moore Iacfano Goltsman, Inc. Motion carried, 5-0. Fire Department 4. Approval of a Notice Inviting Bids for State Certified Fire Mechanic to provide onsite services for fire apparatus preventative maintenance and repairs. Recommendation: (1) Find that the proposed is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the Notice Inviting Bids for a Fire Apparatus Mechanic Services. Interim Fire Chief David Kimes reported that in 2011 the City Council approved Resolution No. 2011-14 for said services. Staff requests that the services now be open for bid. The services keep the apparatuses in service and the repairs are conducted on -site. It was moved by McCormick and seconded by Maisano to approve the Notice Inviting Bids for State Certified Fire Mechanic. Motion carried, 5-0. Page 10 of 15 Regular City Council Meeting Minutes March 19, 2013 Health and Environmental Control Department 5. Authorization to receive and spend grant funding for the Beverage Container Recycling and Litter Abatement Activities (City/County Payment Program) for fiscal year 2013-2014. Recommendation: (1) Find that the proposed action is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt the request for authority to receive and spend grant funds under the Beverage Container Recycling and Litter Abatement Activates for FY 2013-2014. Director of Health and Environmental Control Leonard Grossberg reported that the application to CalRecycle for grant funds was submitted. Funds will be used to distribute information to the community and schools. Staff request authorization to receive and spends funds accordingly. It was moved by McCormick and seconded by Martinez to authorize the receipt and spending of grant funds. Motion carried, 5-0. City Administration 6. Authorization to cancel the Regular City Council Meeting to be held April 2, 2013. Interim City Clerk Dana Reed advised that the reason for the request is that the day before is a holiday, recognizing Cesar Chavez Day. In consulting with the Department Heads, it was confirmed that nothing was pending that could not wait until the next regularly scheduled meeting on April 16, 2013. It was moved by McCormick and seconded by Ybarra to authorize the cancellation of the Regular City Council Meeting to be held April 2, 2013. Motion carried, 5-0. ORAL REPORTS Police Chief Daniel Calleros reported that on March 11, 2013, a male was observed exposing himself in the 2600 block of 37th Street. A witness obtained the license plate number and Detectives were able to locate the suspect hours later. The case will be presented to the District Attorney's Office. On March 12, 2013, a burglar was observed fleeing the 2600 block of Soto Street. Patrol officers responded and located the sole suspect. Sufficient evidence was found at the scene of detainment to link the suspect to the burglary. The suspect was taken into custody. On March 14, 2013, patrol officers responded to a domestic disturbance in the 4600 block of 48th Street. The male suspect had brought three children to the female victim's place of employment and refused to leave. Attempts to approach the male suspect resulted in a short, slow vehicle pursuit. The suspect eventually stopped and was taken into custody without incident. Page 11 of 15 Regular City Council Meeting Minutes March 19, 2013 Charges are being sought against the driver for felony evading and child endangerment. On March 17, 2013, officers patrolling Atlantic Boulevard were hailed by two victims who reported that they had been robbed by two suspects. One of the suspects was reportedly armed with a knife. The two suspects were spotted across the street at a store and were detained. However, during the detainment, the two victims attempted to assault the suspects who were in police custody. One of the victims became aggressive and was also taken into custody for assault on a police officer. As part of community outreach, Calleros announced that on Saturday, March 30, 2013, two officers will be participating in the annual LAURA Unity and Peace Resource Fair, which will be held at Fred Roberts Park, located in the City of Los Angeles. Officers will be providing information about resources available for crime victims, crime prevention, and general information about law enforcement in the southeast area. Lieutenant Jerry Winegar reported vandalism on March 3, 2013. Patrol officers observed a suspect writing on the curb. Further investigation revealed tagging at several locations. This resulted in an arrest. Interim Fire Chief David Kimes reported that there have been 47 service calls, 11 of which were fire alarms. On March 3, 2013, carbon dioxide was discharged at a location from a churro baking machine. No fire was detected, the Health Department was notified. On March 17, 2013, hazmat responded to yellow powder on the roadway near Sierra Pine. Samples were taken, and the substance was determined to be a protein based food product, most likely egg yoke. In a second incident, hazmat responded to a small ammonia leak, the company's maintenance crew was left in charge after Fire Department's review. Kimes reported on the Department's participation in the Alameda Corridor exercise, and on various other trainings. He announced the bi-annual blood drive on March 20, 2013 from 7 a.m. to 1 p.m. at Fire Station No. 1. He encouraged all to participate. Director of Light & Power Department Carlos Fandino reported on a power outage on March 6, 2013. The incident occurred when a truck struck and detached a guy wire. The outage affected 52 customers. Fandino reported that in trying to meet the Department of Transportation guide lines, the assessment of the natural gas pipeline required every seven years is being conducted. Enduro Pipeline Services, Inc. ("Enduro") was selected to conduct the Pipeline Inspection Gauges ("PIG") testing. During the second PIG launch, the gauge got stuck at back-to-back 900 turns. Staff elected to fix the pipeline and remove the turns as the assessment is to be conducted every seven years, and staff would presumable encounter the same issues if not addressed. The department is moving forward with the task, emergency work has been previously approved. Fandino reported on the various locations that are to be addressed. He advised that the Malburg Generating Station will be out due to major repair, it is Page 12 of 15 Regular City Council Meeting Minutes March 19, 2013 anticipated that during the same time Enduro will retest the pipeline using a smaller PIG. Fandino reported on the Fruitland Project. The emergency conduit manhole reconstruction project between the Substation and Alcoa Avenue is nearly complete and is identified as Phase 2. Within the next few weeks, Petrelli Electric will commence Phase 3 of the project. Bond money will be used for said project. In response to Councilmember Ybarra, Fandino advised that the - PIG launch fail was not anticipated as Enduro had believed that the devices could go through the sharp turns. He clarified that this was under the assumption that there was nothing wrong with the pipeline. The welds are the issue as they are not smooth. If the issue is not resolved, the same problems will be faced during the next pipeline assessment. It is protecting the City from liability. Mayor Davis inquired on the proximity of the 900 turns to each other. In response, Director of Community Services and Water Kevin Wilson reported that at some locations the turns were with two feet of each other. At the time the pipeline was constructed the issue was not foreseen, and the back-to-back turns were incorporated to save in construction costs. He noted that former gas employees oversaw the construction and the plans were reviewed by consultants. He opined that it is wise to conduct the repair, as the assessments have become more intense over the years due to recent incidents. Director of Health and Environmental Control Department Leonard Grossberg reported that the E-Waste event held on March 13, 2013 at Fire Station No. 1 was well received. Grossberg announced that he and the other Health Directors have been invited to conduct the opening statement at the AES Conference sponsored by the California Environmental Health Association during the first week in April. He advised that the Department will be conducting a sustainability audit at City Hall and discussing with Department Heads items that are placed in the receptacles. He announced the cancellation of the February Sustainable Development and Energy Efficiency Commission meeting. The next meeting will be held on April 17, 2013. Director of Community Services and Water Department Kevin Wilson announced that the Advisory Committee on Business Development meeting on March 13, 2013, was adjourned due to a lack of quorum. Director of Finance William Fox reported on the closing of the request for proposals ("RFP") on March 14, 2013, for the cost allocation study. Four responses were received, including a response from Matrix Consulting, the firm that conducted the Police Department study. All firms will be interviewed. Fox reported on efforts to collect outstanding claims. Seventeen claims were collected on the State Controller's website, approximately $6,700. He advised that a quarterly review of the website will become part of the process. Page 13 of 15 Regular City Council Meeting Minutes March 19, 2013 He reported that the Purchasing Department had previously submitted two claims through class action law suits. Both claims won, and approximately $5,000 in funds will be collected. Fox advised that he will be presenting an update on the Purchasing Ordinance at an upcoming meeting and reporting on the process. Interim City Clerk Dana Reed reminded the City Council and designated employees that the Statement of Economic Interest filing deadline is April 2, 2013. Those who have questions may contact the City Clerk's Office or the City Attorney. He announced the Election on April 9, 2013. Ballots were mailed on Monday, March 18, 2013. This is an all -mail ballot Election. All ballots must be received no later than 8:00 p.m. on election night. Mailed or hand delivered ballots are acceptable. Ballots hand delivered by anyone other than the registered voter will not be accepted unless otherwise authorized in writing. Assistant to the City Administrator Alex Kung announced the Special Oversight Board to the Successor Agency to the Redevelopment Agency meeting on March 21, 2013. Cancelation of the April 4,.2013, meeting is being recommended. City Administrator Mark Whitworth announced the Special Vernon Housing Commission meeting on March 27, 2013. Consideration of a third party management firm is to be discussed. He reported that four housing units have been filled under the new process and that one unit -to -unit transfer has been conducted. Five units are now at market rent. There are currently three vacant units in Huntington Park and one in Vernon. Staff is working through the waiting list in an effort to fill the units. Whitworth reported on the Grant Coordinator, California Consulting, and potential grants involving transportation and urban greening. He reported on potential community assistance in Huntington Park and Boyle Heights. Whitworth advised that the first round of interviews for the Fire Chief position is tentatively scheduled for April llth and 15th. The final interview of the top three candidates by the Council is to be scheduled. The Teamsters petition to organize the miscellaneous employees is going through the proper procedures. The City will begin its budget preparation process; Department are working on becoming more efficient. The process is to be more transparent; interfacing with the business will be conducted as requested. He thanked Independent Reform Monitor John Van de Kamp for his evaluation and staff for their efforts. Mayor Davis directed staff to agendize a discussion and possible action item on the City Council's salaries for the next Council meeting. Page 14 of 15 Regular City Council Meeting Minutes March 19, 2013 Councilmember Ybarra requested a discussion item and or action item to address the reduction of the public benefit fund as recommended previously by Van de Kamp. In response Whitworth reported on efforts made to schedule a meeting with Senator Kevin De Leon to discuss the issue. Councilmember Ybarra requested further discussion on the item. Interim City Clerk Dana Reed recommended that the item be formally agendized. 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 LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code 54956.9(c) Number of potential cases: 1 At 11:06 a.m. it was moved by McCormick and seconded by Maisano, that the City Council exit closed session. Motion carried, 5-0. City Attorney Nicholas Rodriguez reported that the City Council approved an administrative appeal of the Los Angeles County Storm Sever Permit and the engagement of Richards, Watson & Gershon for said process. At 11:07 a.m., it was moved by McCormick and seconded by Maisano, that the meeting be adjourned. Motion carried. W. Michael McCormick Mayor A ST: Dan Reed Interim City Clerk Page 15 of 15