20130521 Regular City Council Meeting - MinutesMINUTES OF THE SPECIAL AND REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD TUESDAY, MAY 21,
2013, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Ybarra, Martinez
MEMBERS ABSENT: None
The Special meeting of the City Council was called to order at
7:30 a.m. by Mayor McCormick.
PUBLIC COMMENT
Interim City Clerk Dana Reed announced that this was the time
allotted for public comment on the Special meeting portion of
the Agenda, the Budget Study Session only. Mayor McCormick
inquired whether anyone in the audience wished to address the
City Council. No one responded.
BUDGET STUDY SESSION
1. Budget review for City Attorney Department, Information
Technology Department, Light and Power Department, and
Finance Department.
City staff conducted a public workshop on the review of the
proposed budget for said Departments.
At 9:02 a.m., it was moved by Maisano and seconded by Davis to
adjourn the Special Meeting of the City Council.
A short recess was declared, the Regular City Council is to
begin at 9:10 a.m.
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The Regular meeting of the City Council was called to order at
9:10 a.m, by Mayor McCormick. Fire Chief Michael Wilson led the
flag salute.
CHANGES TO THE AGENDA
Interim City Clerk Dana Reed announced that there are no changes
to the agenda.
PUBLIC COMMENT
Interim City Clerk Dana Reed announced that this was the time
allotted for public comment. Mayor McCormick inquired whether
anyone in the audience wished to address the City Council. No
one responded.
PRESENTATIONS
1. Service Pin Awards
Mayor McCormick presented Police Chief Daniel Calleros and
Senior Administrative Assistant Adriana Ramos with service pins
for their various years of service.
Special and Regular City Council Meeting Minutes
May 21, 2013
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve the
matters listed on the Consent Calendar as recommended. Motion
carried, 5-0.
1. Claim for Damages from the Law Office of Gilbert Saucedo,
representing Pablo Godinez Sr., Daniel Lara, and Mariano
Perez, was received May 6, 2013. Amount of claim is
approximately $75,000. - Received and Transmitted to the
Department of Finance.
Minutes Approval
2. Minutes of the Special City Council Meeting held May 1,
2013, to be received and filed.
3. Minutes of the Special and Regular City Council Meeting
held May 7, 2013, to be received and filed.
Warrant Registers
4. Approval of City Payroll Warrant Register No. 683,
totaling $2,480,587.58, which covers the period of March
10, through April 6, 2013, and consists of the following:
a. Ratification of direct deposits, checks and taxes
totaling $1,787,902.72; and
b. Ratification of checks and electronic fund transfers
totaling $692,684.86.
5. Approval of City Warrant Register No. 1379, totaling
$877,828.31, which covers the period of April 30, through
May 13, 2013, and consists of the following:
c. Ratification of wire transfers totaling $556,074.24;
and
d. Ratification of the issuance of early checks totaling
$144,622.00; and
e. Authorization to issue pending checks totaling
$177,132.07.
6. Approval of Light & Power Warrant Register No. 344,
totaling $4,943,068.23, which covers the period of April
30, through May 13, 2013, and consists of the following:
a. Ratification of wire transfers totaling $4,771,215.26;
and
b. Ratification of the issuance of early checks totaling
$68, 123 . 84; and
c. Authorization to issue pending checks totaling
$103,729.13.
7. Approval of Gas Warrant Register No. 132, totaling
$2,466,430.24, which covers the period of April 30,
through May 13, 2013, and consists of the following:
a. Ratification of wire transfers totaling $2,464,534.23;
and
b. Ratification of the issuance of early checks totaling
$1,042.71; and
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May 21, 2013
c. Authorization to issue pending checks totaling
$853.30.
Community Services and Water Department
8. Building Department Report for the month of April 2013, to
be received and filed.
9. Approval of Amendment No. 1 extending the existing
Services Agreement for refuse collection, recycling and
disposal services between the City of Vernon and
Consolidated Disposal Services, LLC for a period of one-
year, not to exceed the amount of $35,000.
Recommendation:
(1) Find the proposed Amendment No. 1, extending the
existing Services Agreement for refuse collection,
recycling and disposal services with Consolidated
Disposal Services, LLC for a period of one-year, 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) Authorize the City Administrator to enter into
Amendment No. 1, extending the existing Services
Agreement for refuse collection, recycling and
disposal services between the City of Vernon and
Consolidated Disposal Service, LLC. The annual cost
of service shall not exceed $35,000. The Services
Agreement will be made effective July 1, 2013, and
terminate effective July 1, 2014.
10. Resolution No. 2013-52 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of a Notice
Inviting Sealed, Competitive Bids for the Lease of 450
Acre Feet of the City of Vernon's Allowed Pumping
Allocation for the 2012-2013 Fiscal Year.
Recommendation:
(1) Find that proposed Notice of Sealed Bids for the Lease
of 450 Acre Feet of the City of Vernon's Allowed
Pumping Allocation ("APA"), with flex, for the 2012-
2013 Fiscal Year 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 of Sealed Bids for the Lease of 450
Acre Feet of the City of Vernon's APA, with flex, for
the 2012-2013 Fiscal Year. The proposed lease will be
for a period of one-year and be effective July 1,
2013, through June 30, 2014.
11. Approval of Amendment No. 1 extending the existing Service
Agreement for Janitorial Services between the City of
Vernon and Santa Fe Building Maintenance for a period of
one-year.
Recommendation:
(1) Find the proposed Amendment No. 1, extending the
Service Agreement with Santa Fe Building Maintenance
("Santa Fe") for one-year, is exempt under the
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May 21, 2013
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 Amendment No. 1 extending the Service
Agreement with Santa Fe for janitorial services for a
period of one-year with no increase in cost. The
annual cost of service shall not exceed $104,926.20.
The Service Agreement will be made effective August 1,
2013, and terminate effective July 1, 2014.
Fire Department
12. Activity Report for the period of April 16, through April
30, 2013, to be received and filed.
Health Department
13. April 2013 Monthly Report, to be received and filed.
NEW BUSINESS
City Administration
1. One-year Consulting Services Agreement with Mercury Public
Affairs for strategic consulting and management services
on City of Vernon government relations, issues management,
renewable energy projects, and retention and expansion of
utility customer base.
Recommendation:
(1) Find that approval of the proposed agreement is exempt
from 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) Authorize the City Administrator to enter into a
consulting service agreement with Mercury Public
Affairs, in substantially the same form presented, for
a term of one year, June 1, 2013 through May 31, 2014,
at a not to exceed cost of $400,000, for strategic
consulting and management services on the City of
Vernon government relations, issue management,
renewable energy projects, and retention and expansion
of utility customer base. Competitive bidding is not
required for this professional service contract
pursuant to Section 2.17.12(A)(10) of the Vernon
Municipal Code. It is requested that the City Council
grant an exemption from the competitive selection
process, pursuant to Section 2.17.12(B)(2) of the
Vernon Municipal Code, based upon a determination that
the best interests of the City are served by a direct
award of the contract without a competitive selection
process, for the reasons set forth in the staff
report.
City Administrator Mark Whitworth requested that the
recommendation be tabled as there are items in the agreement
that need to be detailed out.
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May 21, 2013
It was moved by Ybarra and seconded by Davis to table the
Consulting Services Agreement with Mercury Public Affairs.
Motion carried, 5-0.
OLD BUSINESS
1. Request from Mayor Pro-Tem Davis to discuss the
compensation of the City Council members. (This matter had
been continued from prior meetings pending advice requested
of the Fair Political Practices Commission ("FPPC"), by
Mayor Michael McCormick, which has now been provided by
FPPC letter, dated April 29, 2013.)
Mayor McCormick moved that the discussion on the compensation of
the City Council members be deferred until the next Council
meeting. It was seconded by Davis. Motion carried, 5-0.
ORAL REPORTS
Police Chief Daniel Calleros reported on an armed robbery that
occurred on May 11, 2013, in the 4000 block of Fruitland Avenue.
The intoxicated suspect produced a handgun when he thought the
catering service was not producing his food in a timely manner.
The suspect fled the scene, food in hand. Officers responded to
the scene and located the suspect in the City of Maywood where
he was taken into custody.
On May 16, 2013, the automatic license plate reader system
alerted officers to a stolen vehicle. The stolen vehicle was
located near the business where the reported auto burglary had
occurred. A male adult suspect was taken into custody. During
the investigation, property found inside the stolen vehicle
matched and was identified as property taken in two separate
vehicle burglaries. The suspect was charged with additional
counts of possession of stolen property. Calleros noted that
the suspect had been arrested two weeks ago for trespass and
possession of drug paraphernalia.
Calleros reported on a letter from Farmer John and an email from
a participant of the Farm Animal Rights Movement ("FARM")
demonstration that occurred on May 4, 2013, thanking the Police
Department for maintaining a safety environment for all.
Calleros reported on his attendance to the Women of Distinction
Award ceremony on May 17, 2013, coordinated by Senator Ricardo
Lara's office. Susan Kellogg, President of Seven for All
Mankind Jeans Apparel located in Vernon, received an award.
In response to Councilmember Ybarra, Calleros reported that the
handgun was not located during the arrest on May llth. However,
bullets were found on the suspect.
Fire Chief Michael Wilson reported on the promotion of four
firefighters to the engineer position in order to maintain the
Department's delivery model. Three will be promoted in June
exhausting the current candidate list; the fourth will be
promoted in July after the establishment of a new list,
currently being conducted now. Wilson noted that the
firefighter positions left vacant by the promotions will not be
funded for the next fiscal year and will remain vacant.
Wilson reported on his attendance to the Los Angeles Area Fire
Chief's Association Meeting on May 9, 2013. A speaker presented
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May 21, 2013
an update on the Fast-Mag program, the field administration of
stroke therapy. Wilson noted that Vernon paramedics
participated in the program by providing data.
Wilson reported on Fire Service Day and Boy Scout Pancake
Breakfast held on May 18, 2013. He announced the Fill the Boot
fundraising for the Muscular Dystrophy Association, advising
that in addition to today, units will be collecting donations on
May 23rd and 31st. Last year approximately $27,000 was collected;
approximately $86,000 has been raised over the last three years.
On May 11, 2013, the Verdugo Fire Academy conducted their drill
on master streams. Wilson noted staff's support of local
academies as many have taught classes. The Fire Department will
continue with the flushing of the fire hydrants as part of
proactive maintenance. This is also part of the ISO rating
scale for which credit is received.
Training for down electrical wires will be hosted by Montebello
on June 3ra, 4tn, and 6th. Annual training for wild land brush
fire is being conducted in May.
On May 13, 2013, the Fire Department responded to a mutual aid
hazardous material incident in Long Beach involving a major
ammonia leak.
On May 15, 2013, paramedics responded to a burn victim with 3ra
degree burns to a business on 52nd Street. Upon further
investigation, improper use of the equipment at the company was
identified. OSHA was notified.
Lieutenant Michael Gillman reported vandalism on May 13, 2013,
at Downey Road. Racial slurs on the victim's vehicle were
determined not to be hate crime. On May 15, 2013, vandalism on
Boyle Avenue resulted in an arrest; one suspect was not
detained.
Mayor McCormick reported vandalism on Soto Street south of 54tn
Street.
Director of Community Services and Water Department Kevin Wilson
reported on his follow-up with Caltrans on the street closures.
A revised plan will be sent to the City for review.
Wilson noted that the Department will also be flushing dead-end
water mains in order to avoid sediment complaints from
customers.
Wilson announced that May is Building Department Month and that
this is Public Works week. The Department will be having a
luncheon on May 23, 2013, to present employee of the year awards
to field and administrative staff. All were invited.
Director of Light & Power Department Carlos Fandino reported on
a power outage on May 12, 2013, caused by Mylar balloons. On
May 15, 2013, customer Hannibal Industries experienced a blown
electric service meter. The equipment was replaced, and the
customer is back in service.
Fandino announced that the gear box at the Malburg Generating
Station ("MGS") has been replaced. MGS is back on line.
Fandino reported that no bio-methane was flowed in April due to
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May 21, 2013
the MGS outage. Additionally, bio-methane will not be flown in
May or June until the plant is certified.
West Coast Distributor is a potential new fiber optic customer.
Fiber Optics/Internet System Manager Ali Nour is working on
coordinating the connection.
Fandino reported that the Pipeline Inspection Gauges ("PIG")
testing is almost complete. Data needs to be submitted. He
anticipates that there will be no further pigging until the next
seven year testing requirement at which point staff will be able
to handle with greater ease.
In response to Mayor McCormick, Fandino advised that the PIG
launcher will be removed and stored potentially at one of the
City owned properties.
Director of Finance William Fox reported on the results of the
request for proposals ("RFP") for insurance brokers. Aon
Services was selected as the new insurance broker; Arthur J.
Gallagher will no longer be providing the City services. Fox
explained that Aon was selected due to their expertise and
knowledge in utility operations. The transition process has
already begun.
Fox announced that there is one last budget study session which
will capture the remaining departments. He noted that on either
June 4th or when the budget is to be approved, there may be some
additional changes to the budget. A consolidated budget will be
presented.
Director of Health and Environmental Control Department Leonard
Grossberg reported that the Department has been meeting weekly
with Exide Technologies ("Exide"). Exide is cooperating with
the Department of Toxic Substances Department (DTSC).
Assistant to the City Administrator Alex Kung announced the next
Successor Agency to the Redevelopment Agency meeting will be
held on June 4, 2013, and the Oversight Board of the Successor
Agency to the Redevelopment Agency meeting on June 6, 2013. The
long range asset management plan is being prepared. The sale
transaction with Whole Foods is wrapping up.
City Administrator Mark Whitworth reported on the California
Contract Cities Conference in Indian Wells. He reported on
Vernon's cooperation with the oversight agencies addressing the
issues at Exide. He ensured all that Vernon is making all
efforts and that this issue is a priority. Exide and the Air
Quality Management Department ("AQMD") will be conducting public
meetings in Huntington Park on May 30th and in Commerce on June
1St; multiple sessions will be held on each day. A meeting is to
be conducted in Vernon on June 4th at 4:00 p.m.
Mayor McCormick requested the cancellation of the July 16, 2013,
City Council meeting as many will be out of town. Interim City
Clerk Dana Reed advised that staff will prepare for the
cancelation.
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May 21, 2013
CLOSED SESSION
City Attorney Nicholas Rodriguez announced that the subject
matter of the closed session is the January 23, 2013, outage at
the Malburg Generating Station.
At 9:51 a.m. it was moved by Maisano and seconded by Martinez
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
Significant exposure to litigation pursuant to Government
Code
§ 54956.9 (d) (2) .
Number of potential cases: 1
At 10:11 a.m. it was moved by Maisano and seconded by Martinez,
that the City Council exit closed session. Motion carried, 5-0.
City Attorney Nicholas Rodriguez announced that there was no
reportable action.
At 10:11 a.m., it was moved by Davis and seconded by Maisano,
that the meeting be adjourned. Motion carried, 5-0.
ATTEST:
h. Reed
erim City Clerk
W. Michael McCormick
Mayor
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