2013-09-17 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, SEPTEMBER 17, 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 meeting of the City Council was called to order at 9:00 a.m.
by Mayor McCormick. Mayor Pro-Tem Davis led the flag salute.
CHANGES TO THE AGENDA
Interim City Clerk Dana Reed announced that item no. 7 under New
Business, the Nonbinding Letter of Intent with New Dimension
Energy Company, LLC, is withdrawn at the request of staff.
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.
DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF
1. Update on Exide Technologies’ facility by the Director of
Health and Environmental Control.
Director of Health and Environmental Control Leonard Grossberg
presented updates on the Air Quality Management District
(“AQMD”), Regional Water Quality Control Board (“RWQCB”), and
Department of Toxic Substances Control (“DTSC”) activities
regarding Exide Technologies (“Exide”).
Grossberg reported on the City’s efforts, including public
meetings attendance to gather public concerns, attendance of
regulatory meetings with AQMD and DTSC, and the submission of a
request for a Health Risk Advisory which AQMD has declined.
Grossberg explained the health risk assessment as a statistical
model used to estimate possible exposure risks. Vernon will
continue to communicate with the regional environmental agencies
and Exide in order to monitor, engage, and discuss on-going
corrective actions at the facility. The City shares the
public’s concerns regarding important public health and safety
issues, and pledges to do everything within the City’s power to
safeguard the lives of residents, business employees, and
surrounding communities.
In response to Councilmember Maisano, Grossberg confirmed that
the Vernon Health Department is doing everything in its capacity
to ensure that the work at Exide is performed in safe conditions
for Vernon residents and businesses, and surrounding
communities.
In response to Councilmember Ybarra’s concerns, Grossberg
advised that since 2012 emission levels were dramatically
reduced. AQMD monitors levels at various surrounding locations
daily.
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September 17, 2013
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Councilmember Ybarra opined that the health risk assessment
explanation is a good tool as it clarifies the risk to the
public. He inquired whether the City could make the tool
available and provide an update to the public either through the
City website or Vernon Quarterly.
In response, Grossberg advised that AQMD is responsible for
educating the public. As more information becomes available, it
will be posted on the City’s website. Additionally, blood
testing will be provided for those who want it. A press release
is anticipated advising when and where said testing will be
administered. Once available, this information will be on the
City’s website.
In response to Mayor Pro-Tem Davis’ inquiry on AQMD’s response
to Vernon’s request for a Health Risk Advisory, Grossberg
reported that AQMD has not issued an Advisory due to lack of
scientific proof.
In response to Mayor McCormick’s inquiry on regular reporting
from enforcing agencies, Grossberg reported that Vernon has an
open dialog with AQMD. DTSC is not as communicative.
In response to Councilmember Ybarra, Grossberg advised that DTSC
has not provided a time frame for the anticipated soil testing.
City Administrator Mark Whitworth reported on a newspaper
article that suggested that Vernon could make changes to its
Ordinance to facilitate the departure of Exide. He sought the
advice from the City Attorney’s office.
Deputy City Attorney Scott Porter reported that in 1922 the
County of Los Angeles approved a lead smelting plant on what is
now the Exide property. In 1959, the land was annexed into the
City of Vernon – there was a lead smelting plant on the property
at the time. He clarified that the location for the lead
smelting plant was approved by the County of Los Angeles, not
Vernon. Porter further clarified that the City cannot amend its
zoning ordinance to immediately stop operations at Exide because
the Constitution prohibits cities from taking property without
just compensation. Additionally, the equal protection clause of
the Constitution states that all businesses with similarly
situated property must be treated the same. Although the City
cannot legally immediately shut down the facility for violations
of AQMD and DTSC standards, the City encourages both of these
agencies to strictly enforce their own standards within their
legal authority to do so.
Councilmember Ybarra agrees that Vernon cannot shut down Exide
as Vernon jobs are at stake; rather, he is concerned whether
AQMD data on emission levels is being reviewed. Monitoring is
essential.
PRESENTATIONS
2. A Proclamation of the City Council of the City of Vernon
Declaring the Month of October 2013 as “Breast Cancer
Awareness Month”
Mayor McCormick presented the Proclamation to Bryan Dome and
Paul Johnson of the Fire Department.
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September 17, 2013
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Fire Chief Michael Wilson advised that the Fire Department has
participated in this endeavor over the last three years in order
to raise breast cancer awareness. Merchandise will be sold to
raise awareness and collect donations.
Fire Engineer Bryan dome reported on the philanthropic efforts,
advising that the Breast Cancer Research Foundation, a nonprofit
organization, is rated “A+” by the Charity Watch Association.
Fire personnel will be wearing pink during the month of October
as part of their support. Dome suggested that the City
recognize a day or week and encourage City employees to wear
pink to show their support for the cause.
3. Presentation of a certificate of appreciation to former
Vernon Housing Commissioner William Davis.
City Administrator Mark Whitworth reported on Mayor Pro-Tem
Davis’ service on the Vernon Housing Commission. Mayor
McCormick presented the Certificate of Appreciation. Davis
thanked staff and the residents as he is honored to receive the
recognition.
4. Presentations from the Police Department and Health
Department on their respective pages of the new City
website.
Police Chief Daniel Calleros presented on the Police Department
webpages. He highlighted that an online crime reporting process
is forthcoming.
Director of Health and Environmental Control Leonard Grossberg
presented on the Health Department webpages. Available
department resources include alerts and announcements, online
forms and cost information. Grossberg reported on the
departments various programs.
In response to Councilmember Ybarra, Grossberg clarified that
the alerts and announcements currently consist of FDA
announcements from the state. If there is a local emergency,
this too can be made part of the feed. In the near future, the
public will be able to subscribe to the notices and receive the
information via email or text messages.
1. Personnel Matters - Service Pin Awards (Revisited)
Mayor McCormick presented service pins to Foreman Mauro
Trujillo, Assistant to City Administrator Kristen Enomoto, and
Associate Engineer Maryam Farajzadeh for their various years of
service.
The City Council recognized Public Safety Dispatcher Ana
Swinford for her many years of service as she was unable to
attend the meeting.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve the
matters listed on the Consent Calendar as presented. Motion
carried, 5-0.
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September 17, 2013
Page 4 of 17
Claims Against the City (to be received and filed)
1. Claim for Damages received on August 26, 2013 for
claimants Yisel Yamilet Lopez Ortiz and Michelle Sarai
Lopez Ortiz and the Estate of Silvia Ortiz-Altamirano for
an amount in excess of $25,000.
Warrant Registers
2. Ratification of City Warrant Register No. 1383 to record
voided Check No. 341756 in the amount of $21,456.14.
3. Ratification of Light and Power Warrant Register No. 342
to record voided Check No. 509977 in the amount of $80.00.
4. Approval of City Payroll Warrant Register No. 687,
totaling $2,562,765.31, which covers the period of July
14, 2013, through August 10, 2013, and consists of the
following:
a. Ratification of direct deposits, checks and taxes
totaling $1,901,534.55; and
b. Checks and electronic fund transfers totaling
$661,230.76.
5. Approval of City Warrant Register No. 1385, totaling
$1,647,410.65, which covers the period of August 13, 2013,
through September 9, 2013, and consists of the following:
a. Ratification of wire transfers totaling $1,017,955.94;
and
c. Ratification of the issuance of early checks totaling
$526,908.81; and
d. Authorization to issue pending checks totaling
$102,545.90; and
e. Voided Check No. 341883 in the amount of $616.00.
6. Approval of Light & Power Warrant Register No. 350,
totaling $7,277,683.63, which covers the period of August
13, 2013, through September 9, 2013, and consists of the
following:
a. Ratification of wire transfers totaling $7,071,520.88;
and
b. Ratification of the issuance of early checks totaling
$137,458.50; and
c. Authorization to issue pending checks totaling
$68,704.25.
7. Approval of Gas Warrant Register No. 138, totaling
$2,693,178.90, which covers the period of August 13, 2013,
through September 9, 2013, and consists of the following:
a. Ratification of wire transfers totaling $2,681,146.82;
and
b. Ratification of the issuance of early checks totaling
$3,679.46; and
c. Authorization to issue pending checks totaling
$8,352.62.
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September 17, 2013
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City Clerk Department
8. Updated Commission and Committee Appointments List as
required by the Maddy Act.
9. Resolution No. 2013-76 - A Resolution of the City Council
of the City of Vernon approving Amendment No. 8 to the
Joint Powers Agreement with the Independent Cities Finance
Authority to change the position of Program Administrator
to Executive Director and add clarifying language
regarding Housing Authority.
Recommendation
(1) Find that approval of the Resolution 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 Resolution approving Amendment No. 8 to the
Joint Powers Agreement with the Independent Cities
Finance Authority, in substantially the same form as
submitted, which changes the position of Program
Administrator to Executive Director and adds a new
definition of “Housing Authority Law”; and
(3) Direct City Clerk staff to send a certified copy of
the Resolution with an executed Amendment to the
Independent Cities Finance Authority.
10. Resolution No. 2013-77 - A Resolution of the City Council
of the City of Vernon approving and adopting an Amendment
to the Records Retention Schedule maintaining documents
and records by all City Departments except the Police
Department.
Recommendation
(1) Find that revising the city’s document retention
schedule 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
because the proposal will merely change how the city
retains and destroys certain city documents; and
(2) Approve a resolution to update the city’s records
retention schedule by adding four new sections to the
Finance Department’s schedule to be numbered 21, 22,
23, and 24, renumbering the remaining sections, and
updating the cover page and table of contents
accordingly. The proposed revisions are made solely
to comply with federal law, as amended by the Dodd–
Frank Wall Street Reform and Consumer Protection Act
and related regulations.
Fire Department
11. Activity Report for the period of August 1, through August
15, 2013, to be received and filed.
Health and Environmental Control Department
12. August 2013 Monthly Report, to be received and filed.
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September 17, 2013
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13. Approval of a License and Support Agreement with Decade
Software Company, LLC for Environmental Health Software
and Related Services.
Recommendation
(1) Find that approval of the License and Software
agreement is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with CEQA
Guidelines 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
License and Support agreement between the City of
Vernon and Decade Software Company, LLC for a one-year
period in an amount not to exceed $16,458.00.
Police Department
14. Activity Log and Statistical Summary of Arrest and
Activities for the period of August 1, through August 15,
2013, to be received and filed.
15. Activity Log and Statistical Summary of Arrest and
Activities for the period of August 16, through August 31,
2013, to be received and filed.
NEW BUSINESS
Successor Agency to the Former Vernon Redevelopment Agency
1. Resolution No. 2013-78 - A Resolution of the City Council
of the City of Vernon (a) taking no position to the
following actions of the Successor Agency to the former
Vernon Redevelopment Agency Actions: (i) the cessation of
membership activity of the former Vernon Redevelopment
Agency in the Vernon Economic Development Authority and
Vernon Natural Gas Financing Authority, (ii) the setting
of October 1, 2013, or as soon thereafter, as the public
hearing for termination of the Vernon Economic Development
Authority and Vernon Natural Gas Financing Authority, and
(iii) authorizing the Executive Director of the Successor
Agency of the Redevelopment Agency of the City of Vernon,
or his assignee, to take all necessary, appropriate, and
ancillary actions to implement the cessation of membership
and setting of public hearing for termination of the
Vernon Economic Development Authority and Vernon Natural
Gas Financing Authority, which are in furtherance and
pursuant to California Health & Safety Code Sections
34177(h) and 34177.3 and (b) authorizing the Successor
Agency to the former Vernon Redevelopment Agency to
implement aforesaid actions so long as it obtains the
approval of its Oversight Board.
Recommendation:
(1) Find that approval of the cessation of membership
activities in the Vernon Economic Development Agency
(“VEDA”) and the Vernon Natural Gas Financing
Authority is except under the California Environmental
Quality Act (“CEQA”) in accordance with Section
15061(b)(3), the general rule that CEQA only applies
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September 17, 2013
Page 7 of 17
to projects that may have an effect on the
environment; and
(2) Approve the Resolution for the cessation of membership
activity and participation in VEDA and VNGFA; and
(3) Set October 1, 2013, or as soon thereafter, as the
public hearing to consider formal termination of VEDA
and VNGFA; and
(4) Authorize the Executive Director of the Successor
Agency or his assignee to take all necessary,
appropriate, and ancillary actions to implement the
desires of the Successor Agency and Oversight Board to
cease membership activity in the joint powers
authorities and terminate VEDA and VNGFA.
Successor Agency Legal Counsel Gustavo Lamanna reported that the
Successor Agency to the former Vernon Redevelopment Agency
(“SA”) is a co-member in VEDA and VNGFA. Under ABX126 as
amended by AB1484 the Redevelopment Agency ceased.
Additionally, there are no further economic development
activities being undertaken. Since VEDA and VNGFA depend on
economic development, SA recommends that the City take no action
as SA intends to cease its membership in said authorities. The
SA will set October 1, 2013 as the public hearing date to
consider the authorities’ termination.
It was moved by Ybarra and seconded by Martinez to approve
Resolution No. 2013-78. Motion carried, 5-0.
City Administration Department
2. Resolution No. 2013-79 - A Resolution of the City Council
of the City of Vernon approving the Memorandum of
Understanding by and between the City of Vernon and the
Vernon Police Management Association.
Recommendation:
(1) Find that approval of the proposed resolution
approving the Vernon Police Management Association
(“VPMA”) Memorandum of Understanding 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 and adopt the resolution approving the
Memorandum of Understanding by and between the City of
Vernon and the Vernon Police Management Association
for the period of September 1, 2013 through June 30,
2014.
Human Resources Director Teresa McAllister advised that the VPMA
is a recognized bargaining unit with the City. She has been in
negotiations with VPMA; the recommended Memorandum of
Understanding (“MOU”) is a status quo of what is currently in
place. There are a few open items as a result of the impending
classification and compensation study that will be addressed by
December 2013.
It was moved by Maisano and seconded by Davis to approve
Resolution No. 2013-79. Motion carried, 5-0.
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September 17, 2013
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Community Services and Water Department
Item nos. 3 and 4 were addressed at the same time.
3. Approval of Amendment No. 1 extending the existing
Services Agreement between the City of Vernon and Valverde
Construction, Inc., for Emergency Water and Public Works
Repair for a period of one-year, in an amount not to
exceed $100,000 for fiscal year 2013-2014.
Recommendation:
(1) Find that the proposed Amendment No. 1 extending the
Services Agreement between the City of Vernon and
Valverde Construction, Inc. for Emergency Water and
Public Works Repair for a period of one-year is exempt
under the California Environmental Quality Act
(“CEQA”) in accordance with CEQA Guidelines 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 Services Agreement
between the City of Vernon and Valverde Construction,
Inc. for Emergency Water and Public Works Repairs, in
substantially the same form as submitted for a period
of one-year, in an amount not to exceed $100,000 for
fiscal year 2013-2014.
4. Approval of Amendment No. 1 extending the existing Service
Agreement between the City of Vernon and Doty Bros.
Construction Company for Emergency Water and Public Works
Repairs for a period of one-year, with a not to exceed
amount of $100,000 for fiscal year 2013-2014.
Recommendation:
(1) Find that the proposed Amendment No. 1 extending the
Services Agreement between the City of Vernon and Doty
Bros. Construction Company for Emergency Water and
Public Works Repairs for a period of one-year is
exempt under the California Environmental Quality Act
(“CEQA”) in accordance with CEQA Guidelines 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 Services Agreement
between the City of Vernon and Doty Bros. Construction
Company for emergency Water and Public Works
Agreement, in substantially the same form as submitted
for a period of one-year, in an amount not to exceed
$100,000 for fiscal year 2013-2014.
Director of Community Services and Water Kevin Wilson reported
that in 2011 a request for proposals (“RFP”) was issued for
emergency contractors for scope of work that is beyond the city
crew’s capabilities for water and public works repairs. Two
contractors were selected, Valverde Construction, Inc.
(“Valverde”) and Doty Bros. Construction Company (“Doty”). In
September 2012, their agreements were extended an additional
year. The agreements are set to expire on November 1, 2013.
Staff is requesting that said agreements be extended again for
an additional year. Wilson noted that the services have never
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September 17, 2013
Page 9 of 17
been used, but it is important to have the contracts available
for emergency purposes. After the proposed year extension, the
Department intends to conduct a new RFP. Wilson advised that as
part of the Amendments for the one year extension, Doty’s
equipment costs have increased and Valverde’s labor costs have
increased.
It was moved by Ybarra and seconded by Maisano to approve
Amendment No. 1 for both Valverde Construction, Inc. and Doty
Bros. Construction Company. Motion carried, 5-0.
Human Resources Department
5. Resolution No. 2013-80 - A Resolution of the City Council
of the City of Vernon adopting an updated City of Vernon
Workplace Injury and Illness Prevention Program Manual
(Safety Program)
Recommendation:
(1) Find that approval of the proposed Workplace Injury
and Illness Prevention Program Manual 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 updated Workplace Injury and Illness
Prevention Program Manual (Safety Program).
In compliance with SB 198, Human Resources Director Teresa
McAllister reported that the Safety Manual has been updated to
reflect current procedures, responsibilities and forms.
It was moved by Maisano and seconded by Davis to approve
Resolution No. 2013-80. Motion carried, 5-0.
6. Adoption of City of Vernon Personnel Policies and
Procedures, Nepotism I-5 (revised), Pre-Employment Medical
and Drug Screen I-9, Driver's License Requirements I-10,
Classification Plan Administration II-1, Reclassification
II-2, Salary Plan Administration II-3, Performance
Evaluation IV-1.
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) Adopt the attached new/revised Personnel Policies and
Procedures: Nepotism I-5 (revised), Pre-Employment
Medical and Drug Screen I-9, Driver's License
Requirements I-10, Classification Plan Administration
II-1, Reclassification II-2, Salary Plan
Administration II-3, Performance Evaluation IV-1, and
incorporate them into the Personnel Policies and
Procedures Manual; and
(3) Authorize the City Administrator and the Director of
Human Resources to execute and distribute the above-
referenced policies to all employees.
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September 17, 2013
Page 10 of 17
Human Resources Director Teresa McAllister advised that seven
polies are recommended for adoption. She highlighted the
significance of the policies as part of the Vernon reforms.
Policies include an updated nepotism policy, and the development
of performance evaluations with a systematic procedure to do so.
Councilmember Ybarra sought clarification on the nepotism
policy. The statement that the hiring of relatives is
prohibited conflicts with the rest of the policy as there are
restrictions for the hiring of relatives base on specific
criterion.
In response, McAllister explained the chain of command that
directly affects the policies enforcement. The language will be
revised to address Councilmember Ybarra’s concerns and to make
the policy clearer.
It was moved by Davis and seconded by Ybarra to adopt the City
of Vernon Personnel Policies and Procedures with amendments to
Nepotism I-5 (revised) as specified above. Motion carried, 5-0.
Light and Power Department
7. REMOVED - Request Approval of a Nonbinding Letter of
Intent by and between the City of Vernon and New Dimension
Energy Company, LLC for Wind Energy Development
Exploration of Land Owned by the City of Vernon in Kern
County.
Recommendation:
(1) Find that the approval requested is exempt under the
California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3), wherein the
proposed Nonbinding Letter of Intent is not an
approval or commitment by the City of Vernon to engage
in any project or to pursue any defined course of
action as it relates to the environment; therefore
abiding by the general rule that CEQA only applies to
projects that may have an effect on the environment;
and
(2) Approve the Nonbinding Letter of Intent (“LOI”), in
substantially the same form as submitted, and
authorize the Director of Light and Power to execute
the LOI by and among New Dimension Energy Company, LLC
(“NDEC”) and the City of Vernon to establish a non-
binding relationship to explore the wind energy
development of land owned by Vernon in Kern County
with wind turbines manufactured by FloDesign Wind
Turbine Corp. (“FDWT”)
As previously announced this recommendation was removed from the
agenda and was not addressed by the City Council.
ORDINANCES
1. Ordinance No. 1213 - An Ordinance of the City Council of
the City of Vernon, California, adding Chapter 15 to the
Vernon Municipal Code to establish Franchise Fees, PEG
Fees, and Customer Service Penalties for State Franchise
Holders providing video service within the City of Vernon.
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September 17, 2013
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Recommendation:
(1) Find that approval of the ordinance 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 because the mere collection
of fees and penalties will have no significant effect
on whether AT&T or any other company provides video
service in Vernon; and
(2) Hold the first reading of Ordinance No. 1213 to
establish franchise fees, PEG fees, and customer
service penalties for state franchise holders
providing video (cable TV) service within the City of
Vernon.
Director of Light and Power Carlos Fandino explained and
reported that the proposed is in accordance with the Digital
Infrastructure and Video Competition Act of 2006 (“DIVCA”). It
became effective January 1, 2007 and requires cities to pass
ordinances before they may take certain actions to regulate
state video franchise holders.
AT&T is a franchise holder for the majority of California
including Vernon. On August 1, 2013, AT&T notified Vernon that
it will be providing video services on or after August 11, 2013
within the City.
The proposed ordinance adds Chapter 15 to the City Code to
regulate AT&T and other franchise holders. It affirms that the
City will impose the standard 5% franchise fee, impose a PEG
(Public, Education and/or Governmental) fee with broad terms on
how PEG funds may be used should legislation change, and
establishes fines consistent with the maximum penalties
permitted by DIVCA for the enforcement of customer standards.
Fandino cautioned that if the Ordinance is not adopted, AT&T
potentially may not have to pay PEG fees or be subject to
customer service violation penalties.
It was moved by Maisano and seconded by Ybarra to approve the
first reading of Ordinance No. 1213. Motion carried, 5-0.
2. Ordinance No. 1214 - An Ordinance of the City Council of
the City of Vernon, California, amending Sections
5.22(c)(7) and 5.22(c)(8) of Article II of Chapter 5 of
the Code of the City of Vernon to reduce the rate of the
Business License Tax for Catering Vehicle Businesses.
Recommendation:
(1) Find that modifying the annual Business License Tax
for hot or cold catering vehicles is exempt under the
California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3). The general is
that CEQA only applies to activities that may have an
effect on the environment. Modifying the annual
business license tax rates would not be subject to
CEQA.
(2) Hold the first reading of Ordinance No. 1214
authorizing modifications to the annual Business
License Tax rate for hot and cold mobile catering
vehicles to mirror the County of Los Angeles. The Los
Angeles County rate for cold food catering trucks is
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September 17, 2013
Page 12 of 17
$602 per year and $787 for hot food catering trucks.
The rates would provide a reduction over the maximum
rates authorized in Ordinance No. 1208.
Finance Director William Fox reported on the April 9, 2013,
Election which adopted Ordinance No. 1208 increasing the
Business License Tax fivefold.
During information sessions on the proposed tax measures prior
to the election, the impact of the business license tax on the
mobile catering trucks became apparent. The imposition of the
increase provides a greater portion of their gross receipts and
profits than other businesses.
Fox advised that the City recognizes the importance of the
catering trucks as they provide a valuable service. At the
request of the City Council, staff reevaluated and researched
business license tax for mobile catering trucks.
Fox reported and explained the proposed changes which will
mirror those of Los Angeles County. He reported that the
reduced rate will decrease anticipated revenue by approximately
40%; however, the business license tax will be more equitable to
the catering trucks.
Angel Sotelo of a local catering truck stated that he
appreciates the decrease to the business license tax; however it
is still a significant increase from the current fee. Sotelo
explained the financial impact to his business. During the
informational session, when he proposed similar taxes to those
of Los Angeles County, he had anticipated that it would include
Health Department’s fees. Stole expressed that he wants to the
continue working in Vernon and urged the Council to consider a
further reduction.
In response to Councilmember Ybarra’s inquiry, Fox clarified
that the tax is calculated per truck. The Health Department
also has truck inspection fee per truck; these fees remain the
same and have not increased.
It was moved by Davis and seconded by Maisano to approve the
first reading of Ordinance No. 1214. Motion carried, 5-0.
ORAL REPORTS
Interim City Clerk Dana Reed reported that at the last meeting
the Council approved the creation of the Vernon CommUNITY Fund,
staff met with the approved contractor. He anticipated that the
project will be up and running with a website on or before
January 2014. Local community organizations can then apply for
grant funds. Appointments to the Board which will make
determinations on the grants are anticipated for early next
year.
Police Chief Daniel Calleros reported that as a result of an
undercover operation, on August 20, 2013, five suspects were
arrested for car battery and other car component thefts. The
items recovered matched those reported in recent property theft.
Detectives are actively pursuing the identification of the
victims.
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September 17, 2013
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On August 21, 2013, several pounds of narcotics were found by
Canine Officer during a traffic stop. The driver and passenger
were taken into custody for possession of cocaine pending
further investigation. The case was transferred to the
narcotics taskforce.
On August 29, 2013, during uncover operations, officer were
alerted by the fixed license plate reader that a suspicious
vehicle had been reported stolen. Patrol officers conducted a
felony stop and the suspect was taken into custody without
incident. Since the arrest there has been a significant
reduction in the number of reported vehicle thefts.
Calleros reported that on August 31, 2013, patrol staff
conducted a DUI checkpoint in the area of Santa Fe Avenue and
38th Street which resulted in one DUI. He advised that the
operation is funded through the Office of Traffic Safety grant
funds.
On September 11, 2013, during a traffic investigation, Canine
Officer located an assault rifle, bullet proof vest, and
approximately $17,000 in a hidden compartment. The currency
will be seized as part of the asset forfeiture process. The
driver was taken into custody pending further investigation by
the Narcotics Taskforce.
Calleros announced that the Farm Animal Rights Movement (“FARM”)
group will be conducting a demonstration on September 28, 2013,
in front of Farmer John. Although the demonstration is expected
to be peaceful, Vernon's Mobile Field Force will be activated.
Lieutenant Robert Sousa reported vandalism in the 4800 block of
Alcoa Avenue. In addition, Mayor McCormick reported vandalism
at 54th Street and Santa Fe Avenue.
Fire Chief Michael Wilson reported that the Department will be
commencing its annual Haz Mat physicals this month which will
continue through the next few months.
The Department is in the process of purchasing new staffing
software (Telestaff) compatible with the EDEN software currently
used by the City, which will help with the payroll process.
Additionally, an EDEN product will be purchased for Fire Permits
and Fire Inspections. This will increase efficiency and
streamline tracking of fire inspections, emergency
notifications, and business licenses.
Training for the month of September will focus on Air Management
Search and Natural Gas Emergency. Vernon is providing staff
coverage for some of Compton’s Fire Stations throughout the
month as they complete their annual mandatory training. During
said coverage, crews responded to four structural fires and
seven medical aid accidents.
Fire Crews responded to three incidents involving power poles
since the last City Council meeting. Most significantly, on
September 9, 2013, the jaws of life were used to extricate a
victim after a traumatic vehicle accident. The victim was
transported to Huntington Park Hospital (“HP Hospital”) for
life-saving procedures, but was later transported to USC
Hospital as the HP Hospital is not equipped to sustain these
types of traumatic injuries.
Regular City Council Meeting Minutes
September 17, 2013
Page 14 of 17
On August 25, 2013, crews responded to a structure fire at
American Garment Co. The fire was contained quickly. Wilson
commended the crews for their good work.
Director of Community Services and Water Kevin Wilson reported
on the ongoing slurry seal project. Weekend work is being
performed to accommodate local businesses. Street stripping
will be the next process.
Wilson reported that staff is working with the property owner
for the Pechiney site demolition. The project will be conducted
in 2 phases with a break during the rainy season. Staff is also
working with the developer on Washington Boulevard on vacant
lots. Grating activity will be taking place. Two new permit
applications were received for property located between 26th
Street and Bandini Boulevard. Wilson noted that construction
activity within the City has increased.
Director of Light and Power Carlos Fandino reported on a power
pole fire on August 28, 2013, which resulted in an oil leak; the
transformer and equipment needed to be replaced. He reported on
a power outage that occurred on September 8, 2013, due to a
mylar balloon, and on a vehicle incident involving a power pole
that occurred on September 14, 2013.
Fandino explained that the City has two small turbines for which
it receives funds to have available for the California
Independent Systems Operator (“CAISO”). On September 12, 2013
CAISO initiated testing for one of said units. The unit failed
to meet the 10 minute threshold criterion. Fandino advised that
as a penalty, CAISO can decertify the unit; consequently, the
City will not be able to claim the unit and will not be
compensated. Further information on CAISO’s determination and
what the decision means to the City will be provided as it
becomes available.
Fandino reported that the City has rights at Hoover Dam, all
parties that have ownership at Hoover Dam were asked to
participate in the renegotiation of bond. He is working with
the Finance Director and City Attorney on financing the City’s
portion of said bond. It is the recommendation of the Southern
California Public Power Authority (“SCPPA”) and other members
that a bond not be used for repayment rather they just that a
one-time payment be conducted for approximately $1 million.
More information to follow.
Fandino advised that SB1-2x permits the governing board of local
publically owned utilities to adopt a cost limitation measure.
The department will be presenting a cost limitation plan to the
City Council.
The Light and Power Department is reviewing other renewable
projects; specifically, a solar project offered through SCPPA
which may be cost effective to meet some renewable portfolio
standards (“RPS”). This will alleviate the burden placed on bio
methane fuel and diversify the City’s portfolio. The immediate
cost to subscribe to the project is limited to attorney fees and
other related expenses.
Fandino announced that Vernon residents are invited to subscribe
to City provided internet services. Fiber Optics/ Internet
Regular City Council Meeting Minutes
September 17, 2013
Page 15 of 17
System Manager Ali Nour added that the invite along with
application were mailed to all residents. November 1, 2013,
will be the effective date.
In response to Mayor Pro-Tem Davis, Fandino clarified that the
solar project is not for the Kern County property, it is a
project offered through SCPPA but at this time it is merely
informational.
In response to Councilmember Ybarra’s concerns, Fandino advised
that the turbine test fail was caused by operator error.
Director of Finance William Fox reported that the annual
financial audit continues. The auditors were present at City
Hall; there was no major impact to the operations of the Finance
Department. He anticipates the audit will be completed by the
end of October.
Fox reported on the upcoming business license module through the
EDEN system, which will allow online applications and payments.
The Department is also taking advantage of technology with its
bid and quote requests to compensate for its loss in personnel.
Fox noted that Risk Management follows up on property damage
incidents in order to recoup losses.
Director of Health and Environmental Control Department Leonard
Grossberg reported that the Thermador closure has been submitted
to the Department of Toxic Substances Control for review. He
anticipates feedback on how to proceed.
Grossberg reported on receipt of alternative technology
interested in the City. He will be working with Community
Services and Light and Power once a formal request has been
received.
He announced that during the last Sustainable Development and
Energy Efficiency Commission meeting the Commission failed to
reach a compromise on the reduction of haulers in the franchise
trash hauler program. A City Council recommendation will be
presented in October or November.
In response to Councilmember Ybarra’s inquiry on whether the
City fines Exide Technologies (“Exide”) on days that they exceed
emission limits, Grossberg responded that the City does not have
that authority.
Human Resources Director Teresa McAllister reported that three
sessions of Sexual Harassment Training were held. The Health
Benefits Committee met two weeks ago and received the initial
proposals for 2014. Three proposals were received and the
Committee will meet again to communicate feedback received from
the employees. Enrollment for the 2014 health benefits plan is
anticipated for October or November. The quarterly employee
information meeting will be held the second week in October.
Assistant to the City Administrator Alex Kung announced the next
Oversight Board of the Successor Agency to the Redevelopment
Agency meeting on October 3, 2013.
City Administrator Mark Whitworth thanked City Council members
who attended the Advisory Committee on Electric Rates meeting on
Regular City Council Meeting Minutes
September 17, 2013
Page 16 of 17
September 4, 2013. Information on new technology that may
address concerns with the Tehachapi project was presented.
The Vernon Housing Commission meeting that was to be held on
September 11, 2013, has been rescheduled to October 23, 2013, at
6:00 p.m. Meta Corporation reported that the City is in a good
position to receive tax credits for the new housing development
project.
Whitworth reported that as part of the good neighbor efforts,
grant coordinator California Consulting will be providing
services for the City of Maywood. Maywood is eager to have
Vernon’s consultants pursue grants for them. He reported on the
City’s assistance to Huntington Park for their soccer field
project at Salt Lake Park.
Various Councilmembers and Department Heads will be attending
the League of California Cities Conference later this week.
He announced that SB39 which was introduced by Senator Kevin De
Leon was unanimously approved. Its approval sends a clear
message that there is a certain way to conduct business as a
public official.
Whitworth thanked Director of Health and Environmental Control
for the update on Exide Technologies. He requested that the
City Council adjourn the meeting in honor of the victims
involved in the naval yard shooting that occurred on September
16, 2013.
CLOSED SESSION
At 11:06 a.m., it was moved by Davis and seconded by Maisano to
go into closed session to discuss the item listed under closed
session. Motion carried, 5-0.
1. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa
McAllister
Employee Organizations: Vernon Police Management
Association, Vernon Police Officers’ Benefit Association,
Vernon Firemen's Association, Vernon Fire Management
Association, Teamsters Local 911, and International
Brotherhood of Electric Workers Local 47.
At 11:12 a.m. it was moved by Martinez and seconded by Maisano,
that the City Council exit closed session. Motion carried, 5-0.
City Attorney Nicholas Rodriguez announced that there was no
reportable action.
/ / /
/ / /
/ / /
Regular City Council Meeting Minutes
September 17, 2013
Page 17 of 17
At 11:12 a.m., it was moved by Davis and seconded by Martinez,
to adjourn the meeting in honor of the victims of the naval yard
shooting that occurred on September 16, 2013. Motion carried,
5-0.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Dana Reed
Interim City Clerk