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2013-12-03 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 3, 2013, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Ybarra and Martinez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor McCormick. Councilmember Maisano led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that there are no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment and inquired whether anyone in the audience wished to address the City Council. Engineer Jason McEachran of the Vernon Fireman’s Association announced the Susan B. Komen Breast Cancer Research Foundation as the beneficiary of $6,000 as a result of the Breast Cancer awareness efforts. In a letter issued by the foundation, they are honored to be chosen as the charity of choice. The Fireman’s Association accomplished this in partnership with the City. The City designated October 15, 2013, as Pink Day in support of Breast Cancer Awareness Month. The association also partnered with the Vernon Chamber of Commerce and Vernon businesses. McEachran acknowledged various personnel, and presented the City with an honorary check of the donation made to the Susan B. Komen Foundation. Leeor Alpern of South Coast Air Quality Management District (“AQMD”) announced that the Amended Rule 1420.1 which was anticipated to be heard at the December 6, 2013, AQMD Governing Board meeting is being postponed. Most likely the Amendment will be scheduled for the next meeting; he will be providing an update. Alpern also announced a public hearing on the issue on December 14, 2013, at the Cal State Los Angeles Campus. Free parking and bus transportation will be available. This is an opportunity for the public to provide testimony. The event has been widely communicated, but Alpern welcomed suggestions of additional locations where the announcement can be made. PRESENTATIONS 1. Presentation recognizing the Finance & Customer Service staff and Information Technology Division as recipients of the 2013 Employee Halloween Costume and Decorating Contest. Director of Human Resources Teresa McAllister reported on the implementation of activities to increase morale. As such, a Regular City Council Meeting Minutes December 3, 2013 Page 2 of 11 Halloween contest was coordinated. Creative Halloween costume and creative door decorating contest winners were recognized. 2. Update on Potential Uses of Vernon’s Fee Lands in the Tehachapi Mountains for Renewable Energy Development or Other Purposes. Recommendation (1) Find that the approval requested 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 no action is being requested; and (2) Receive and acknowledge the informational update on the Vernon Fee Lands in the Tehachapi Mountains as presented by the Light and Power Department. Director of Light and Power Carlos Fandino reported on the history on the Tehachapi Mountains (Jawbone Canyon) land purchase, referred to as the Fee Lands, and reported on the neighboring North Sky River Project. Fandino and reported on the data collected over the last 2.5 years and the potential for wind and solar projects. They key component will be energy transmission. Taking energy that is produced locally and putting it into the grid. Fandino reported on Ogin Inc.’s presentation at the Electric Rates Advisory Committee Meeting. He advised that the City intends to issue a Request for Information (“RFI”). This will allow the City to receive information on other technologies in order to maximize the potential of the Fee Land. Fandino explained that the renewable portfolio standards (“RPS”) require that the City have 33% of renewable energy by 2020. The Fee Lands have a lot of potential; however, the City has not made a decision on how it will move forward. Staff is reviewing different resources and ideas in order to meet the RPS requirements. Fandino anticipates that the RFI will assist in this effort. City Administrator Mark Whitworth reported on his visit, along with other staff, to the Fee Lands. He noted that the impression is that the land is empty, but to the contrary, there is a lot of alternative energy development. The area is remote where few people have access. Finance Director William Fox advised that it is important to have a full understanding of the project. In going forward, the City will make intelligent financial decisions. Mayor Pro-Tem Davis inquired whether City could connect to existing transmission lines rather than construct its own if it chooses to develop the Fee Lands. In response, Fandino advised that staff along with legal is reviewing the feasibility. The City has certain easement rights that may facilitate the connection. Regular City Council Meeting Minutes December 3, 2013 Page 3 of 11 In response to Councilmember Ybarra, Fandino advised that the goal is to have a project by 2017-2018 in order to address the 33% RPS requirement by 2020. In further response to Ybarra, Fandino advised that the department will have a better idea of the timeline after it’s reviewed the responses from the RFI. Concerns for future projects continue to be environmental impact and the connection to the transmission network. Additionally, the Kern County Board of Supervisors will also have to rezone the Fee Lands if development of commercial wind energy is to take place. 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. Claims Against the City (to be received and filed) 1. Claim for Damages received on November 14, 2013 for claimant Pacific Bell Tel Co., DBA: AT&T-California for an amount of $7,579.24. Minutes 2. Minutes of the Regular City Council Meeting held November 5, 2013, to be received and filed. 3. Minutes of the Special City Council Meeting held November 7, 2013, to be received and filed. 4. Minutes of the Special and Regular City Council Meetings held November 19, 2013, to be received and filed. Warrant Registers 5. Approval of City Warrant Register No. 1390, totaling $985,932.52, which covers the period of November 12, 2013, through November 25, 2013, and consists of the following: a. Ratification of wire transfers totaling $425,294.28; and b. Ratification of the issuance of early checks totaling $295,044.73; and c. Authorization to issue pending checks totaling $265,593.51. 6. Approval of Light & Power Warrant Register No. 355, totaling $3,965,334.50, which covers the period of November 12, 2013, through November 25, 2013, and consists of the following: a. Ratification of wire transfers totaling $3,862,600.78; and b. Ratification of the issuance of early checks totaling $56,549.28; and c. Authorization to issue pending checks totaling $46,184.44. 7. Approval of Gas Warrant Register No. 143, totaling $358.78, which covers the period of November 12, 2013, through November 25, 2013, and consists of the following: Regular City Council Meeting Minutes December 3, 2013 Page 4 of 11 a. Ratification of the issuance of early checks totaling $133.00; and b. Authorization to issue pending checks totaling $225.78. Fire Department 8. Activity Report for the period of November 1, through November 15, 2013, to be received and filed. Police Department 9. Activity Log and Statistical Summary of Arrest and Activities for the period of November 1, through November 15, 2013, to be received and filed. NEW BUSINESS City Administration Department 1. Authorization to Cancel the January 7, 2014, and January 21, 2014, Regular City Council meetings. City Administrator Mark Whitworth advised that in reviewing the meeting schedule in conjunction with the additional holidays approved by the City Council, it was determined that there would be insufficient time to prepare for the regularly scheduled Council Meeting. Staff recommends that both of the Regular City Council meetings in January be cancelled, and alternatively one meeting be held on January 14, 2014. Councilmember Ybarra questioned the necessity for a special meeting on January 14, 2014, and suggested keeping the January 21, 2014, meeting. In response, Whitworth explained that the rationale behind the recommendation is that the Special meeting would be mid-month. Councilmember Ybarra opined that a Special meeting on January 14th would throw the schedule off and recommended simply cancelling the January 7, 2014 meeting. It was moved by Davis and seconded by Martinez to cancel the January 7, 2014, City Council meeting, and hold the January 21, 2014, City Council Meeting. Motion carried, 5-0. Health and Environmental Control Department 2. Present Recommendations from the Sustainable Development & Energy Efficiency Commission (“SDEEC”) for the Solid Waste Hauler Program, and Provide Staff Recommendations on Developing a New Ordinance for the Solid Waste Hauler Program. Recommendation: (1) Find that merely considering its options, and providing direction to staff to prepare an ordinance 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 Regular City Council Meeting Minutes December 3, 2013 Page 5 of 11 environment, because these actions are not sufficiently definite to be able to be analyzed under CEQA, and because providing the direction does not commit the City to any particular action. (2) Consider the recommendations of the Sustainable Development & Energy Efficiency Commission (“SDEEC”) and staff relating to the Solid Waste Hauler Program. (3) Direct staff to prepare an ordinance for the City Council to consider at a future meeting that (a) supports the recently enacted Vehicle Clean Air Requirements of the Southern California Air Quality Management District (“SCAQMD”) to require trash haulers to gradually replace all diesel trash trucks with natural gas burning vehicles by 2017; (b) deletes the words “and safety” from Resolution 2011-149 to thereby rescind the prior direction to the City’s Health Officer to focus his efforts on improving the safety standards applicable to trash haulers; and (c) does not affect the number of haulers that may provide “roll-off” trash service, but decreases the number of haulers that may provide top-loading hauling by requiring haulers to haul a minimum of either 1,000 or 2,000 tons annually. Director of Health and Environmental Control Leonard Grossberg reported on the recommendations. He advised that SDEEC recommends support of the SCAQMD Vehicle Clean Air Requirements; staff concurs. SDEEC further recommended a revision to Resolution No. 2011- 149’s safety requirement, as safety regulation is better served through other agencies. Grossberg advised that a lot of time was spent determining what “safety” meant. Staff concurs with the recommendation to remove the words “and safety” as the City has no authority over this issue. Grossberg advised that the Commission was unable to reach a consensus on how to limit the number of trash haulers. Staff is recommending that the number of roll-off, which represents two-thirds of the business in Vernon, not be part of the recommendation to reduce the number of trash haulers. To explain, staff recommends that minimum tonnage requires be set for top-loading haulers as a means to decrease the number of haulers. Staff’s recommendation is a result of Senator Kevin De Leon’s recommendations and City Council Resolution No. 2011-149, which aims to decrease pollution and the impact on City streets. Deputy City Attorney Scott Porter clarified Grossberg’s statement that the Commission was not able to reach a consensus on how to limit the number of trash haulers. He reported that the Commission voted 4-2 in favor of not making any recommendations to reduce the number of trash haulers. Staff has alternatively recommended a minimum tonnage requirement for top-loading trash haulers. Councilmember Ybarra noted that if the recommended tonnage threshold is implemented and trash haulers do not meet the requirement, they will no longer be able to provide services within the City. Regular City Council Meeting Minutes December 3, 2013 Page 6 of 11 Grossberg advised that the current contracts expire December 2014, after which, the new contracts will take effect, including any changes approved this day. Councilmember Ybarra expressed his concern that with reduced competition, hauler prices will increase. In response, Grossberg advised that there is a moratorium currently in place that prohibits new trash haulers; however, the future ordinance could address new haulers. Gideon Kracov representing the Los Angeles County Disposal Association (“LACDA”) expressed concerns over the CEQA findings. Additionally, the recommendation directs staff to prepare an ordinance to decrease the number of haulers in Vernon against the expressed recommendations made by SDEEC. Kracov argued that a thorough CEQA review should occur before a concrete directive to staff is made. He advised that the conclusions are purely ad hoc as no data or evidence is presented. The City Council should have this information in order to make an informed decision. Kracov urged the Council not to approve the item as presented. He distributed a letter to the Council. Ron Saldana also representing the LACDA advised that whether a company has a lot or a little business in Vernon is not a good determinant of whether it is a good company or the businesses. He further added that there are other ways to reduce the number of haulers. Saldana reported on various examples including those that have been implemented by other cities. Saldana urged the Council to review the number of haulers that would be eliminating by implementing a minimum annual tonnage. Even at the lower spectrum of only 750 tons, the threshold would eliminate half of the haulers. If the City is to judge haulers based on tonnages, it has to give haulers an opportunity to adjust, to either raise their tonnages or sell their routes. Peter Corselli, an employee at U.S. Growers Cold Storage and a member of the SDEEC, advised that reducing the number of haulers does not guarantee less wear and tear on the City streets nor does it guarantee reduced pollution because the amount of trash will stay the same. Trash haulers are not going to the landfills empty; efficiency is essential for their business. The assumptions made in the recommendation are not guarantees. However, what is guaranteed is the elimination of some businesses. The level of service and competitive pricing will also be compromised. Corselli stated that the city established the SDEEC to gain the businesses’ perspective. The Commission voted not to reduce the number of haulers. Corselli advised that Vernon businesses will remain, but the politician that made the recommendation will not. Independent Reform Monitor John Van de Kamp noted that CEQA review should occur only when there is a concrete action, and not at this juncture. Elba Romo of Waste and Recycling Services reported that they are the fourth largest hauler in Vernon but that the 1,000 tonnage threshold would eliminate them from doing business in Vernon. She explained that there are other ways to consolidate haulers, ways that both the Commission and businesses have argued. She Regular City Council Meeting Minutes December 3, 2013 Page 7 of 11 reported on the recommendations that had previously been discussed during the SDEEC meetings. Romo argued that approving the item as recommended, the City will reduce the number of haulers, but that the haulers could equally be reduced by implementing other recommendations which would also allow haulers to make their own decision on whether to stay and continue doing business in Vernon. Romo argued that the recommendation will ultimately not reduce the number of vehicles. Efficiency matters to haulers, and as such routes are strategically created. Alan Babashoff of GB Rubbish reported that he has been in Vernon for over 50 years. If the City were to implement the minimum tonnage requirement, it would eliminate his business. Babashoff opined that the recommendation is not right and urged the Council to consider the families of those affected. Councilmember Ybarra agreed with many of the comments heard. He advised that he has lived in Vernon his entire life, and has never observed haulers as a traffic issue or concern. He opined that competition will reduce the number haulers. Councilmember Maisano concurred with Ybarra. The trash in Vernon would not be reduced by forcing consolidation, but it places a burden on businesses. Councilmember Martinez agreed. In response to Mayor Pro-Tem Davis’ inquiry, Grossberg advised that the current agreements will expire December 31, 2014, but if changes to the ordinance or agreement were to occur, staff would need six months to process. Mayor McCormick was also in agreement but inquired whether increased franchise fees had been considered. In response, Grossberg advised that an increase to the franchise fee would have to be presented to the Vernon voters. It was moved by Ybarra to direct staff to prepare an ordinance for the City Council to consider at a future meeting incorporating the recommendations as itemized under a and b, but not approving recommendation c and rather accepting the Sustainable Development and Energy Efficiency Commission’s recommendation. It was seconded by Davis. Motion carried, 5-0. Light and Power Department 3. Authorization to enter into Purchase Order Contract with G&W Canada for the Furnishing and Delivery of SF6 Gas Vault Switches for the Light & Power Department. Recommendation: (1) Find that the approval requested in this staff report 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 Department of Light and Power to enter into a purchase order contract with G&W Canada to furnish and deliver SF6 Gas Vault Switches for an Regular City Council Meeting Minutes December 3, 2013 Page 8 of 11 amount that is not to exceed $176,954, and as exempt from competitive bidding (per Vernon Municipal Code, Section 2.17.12(A)(2)(sole source) and from competitive selection (per Vernon Municipal Code, Section 2.17.12(B)(1). Director of Light and Power Carlos Fandino advised that the switches are unique in design and reported on their use. Competitive bidding and selection are not required as there is only one source. The product has proven to be safe and reliable for use. Sufficient funds are available. It was moved by Maisano and seconded by Ybarra to authorize the purchase order contract with G&W Canada for the furnishing and delivery of SF6 Gas Vault Switches for the Light & Power Department. Motion carried, 5-0. 4. Renewable Portfolio Standard Annual Status Report for Compliance Period No. 1. Recommendation: (1) Find that the approval requested 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) Receive and acknowledge the annual Renewable Portfolio Standard (“RPS”) Report for Compliance Period No. 1 as presented by the Light and Power Department. Director of Light and Power Carlos Fandino reported on SBx1-2 and the RPS requirements. There are three compliance periods; each has a different threshold for RPS requirement. Fandino reported on Vernon’s failure to meet the 20% threshold for the first compliance period. Prior to the approval of SBx1- 2 the City followed SB1078 which did not require compliance until 2017. SBx1-2 expedited the process. Fandino explained the reasons for the noncompliance during this first period. He reported on the biomethane difficulties including the delayed certification at the Malburg Generating Station and the supplier’s challenges. Fandino reported on the City’s action plan to mitigate the issue. The City will be approximately 15% below the threshold requirement; however, it intends to be in full compliance during the next period. The Resource Management Department is still looking at various opportunities and working with the bio- methane provider. Fandino reported on future plans to expand the Resource Management Group and potentially provide scheduling for other Southern California Public Power Authority (“SCPPA”) members. In response to Councilmember Ybarra’s inquiry on potential fines for noncompliance, Fandino explained that it is difficult to determine. However, in communications with the Air Resource Board (“ARB”) and the California Energy Commission (“CEC”) he anticipates that the City will not be penalized. Vernon is not the only entity in this position. The CEC might be lenient on Regular City Council Meeting Minutes December 3, 2013 Page 9 of 11 this first compliance period but strict on the next. Fandino reported on plans to comply during the next period. In response to Councilmember Maisano, Fandino explained that the RPS costs are a separate line item to customers. The City approved a “not to exceed” 19% threshold for said cost. The City intends to mitigate the cost passed on to customers using AB1890 funds and other efforts. It was moved by Ybarra and seconded by Martinez to receive and file the Renewable Portfolio Standard Annual Status Report for Compliance Period No. 1. Motion carried, 5-0. OLD BUSINESS Community Services and Water Department 1. Approval of Final Parcel Map No. 71920 for Bandini XC, LLC located at 5553 Bandini Boulevard. Recommendation: (1) Find that approval of the Final Parcel Map is categorically exempt from the California Environmental Quality Act (“CEQA”), Statuary Exemptions, Section 15268, (b) (3) Ministerial Projects, approval of final parcel maps; and (2) Approve for recordation the Final Parcel Map No. 71920 for Bandini XC, LLC located at 5553 Bandini Boulevard. Director of Community Services and Water Kevin Wilson reported that the City approved Resolution No. 2012-66 in 2012 which established the conditions. One of the conditions has since been amended. The developer has complied with all of the conditions. Wilson recommends approval of the final parcel map. It was moved by Davis and seconded by Maisano to approve Final Parcel Map No. 71920 for Bandini XC, LLC located at 5553 Bandini Boulevard. Motion carried, 5-0. ORAL REPORTS Police Chief Daniel Calleros reported on truck battery thefts that occurred on November 22, 2013. Calleros noted a spike in similar thefts over the past two weeks. Detectives will be canvassing neighboring businesses for investigative leads. The Special Enforcement Team will also be increasing surveillance efforts in the area. On November 27, 2013, patrol officers uncovered a marijuana cultivation farm inside a local warehouse as a result of a response to an audible alarm. The operation appeared to have been set-up recently. Detectives recovered approximately 160 potted plants of marijuana. The investigation is on-going. Lastly, as part of community outreach, canine officer will be conducting a presentation on December 8, 2013, at the Bell Army Reserve base during their annual end of year event for military members that have recently returned home from deployment. This is a joint effort with the Bell Police Department. Captain Michel Gillman reported on vandalism to a city speed trailer. Regular City Council Meeting Minutes December 3, 2013 Page 10 of 11 Fire Chief Michael Wilson reminded all that the Spark of Love toy drive continues. The recent Blood Drive for the Children’s Hospital of Los Angeles was a success, yielding 88 units. Wilson advised that the apparatus pump testing will continue through the month of December. Crews completed their annual fitness and tuberculosis testing. Planning for the annual Alameda Corridor Training Exercise has begun. On November 22, 2013, HazMat crews responded to the City of Compton; the substance in abandoned 55 gallon drums was determined to be harmless. On November 23, 2013, crews responded to an industrial accident. Wilson further reported on the marijuana cultivation incident that occurred on November 27, 2013, HazMat crews responded to determine whether unknown liquid containers and air were safe for personnel. On December 2, 2013, crews responded to an overturned tractor trailer on the Atlantic/Bandini 710 off-ramp. Director of Light and Power Carlos Fandino reported on a power pole fire that occurred on November 21, 2013. The outage caused staff to de-energize the feeders. The outage lasted approximately 1 hour and 30 minutes. The incident is under investigation; although, the cause is suspected to be an aging infrastructure. On November 24, 2013, a bird came into contact with an insulator causing damage. Approximately 6 major customers were affected. The Gas Department will begin construction in order to connect Farmer John as a gas utility user. Fandino reported on maintenance projects that will be conducted during the holiday in an effort to minimize the impact to the customers. In response to Mayor Pro-Tem Davis, Fandino addressed the possible street closures. Finance Director William Fox reported that the annual audit is near completion; an actuarial report is still pending. Fox had imposed an internal deadline of December 15, 2012, and is hopeful that said deadline will be met. Fox announced that the annual business license tax forms will be mailed in the upcoming weeks. The communication will include an informational flyer to help explain the change in cost. He advised that he will be attending the California League of Cities Finance conference this week. Human Resources Director Teresa McAllister reminded all City employees that open enrollment for health benefits will close on December 9, 2013. Assistant to City Administrator Alex Kung anticipates having an update on the sale of the Angelus Can property to Whole Foods at the next meeting. He advised that the Department of Finance reduced the recognized obligation payment schedule (“ROPS”) for January 1 through June 2014 by approximately $1.4 million. He advised that the Successor Agency will still be able to make the bond payments and will address the reduction during the next ROPS period. City Administrator Mark Whitworth congratulated the Halloween contest winners. He announced the Vernon Housing Commission Regular City Council Meeting Minutes December 3, 2013 Page 11 of 11 meeting on December 11, 2013, at 6:00 p.m. and potential meeting items. California Consulting assisted Huntington Park in passing the first round in the complex lighting grant. California Consulting was also instructed to continue working with Cesar Zaldivar-Motts of the Southeast Community Development Corporation on the Vernon Mobile Computer Lab. They are also currently working with the City of Maywood. Whitworth announced the Vernon Chamber of Commerce holiday event on December 12, 2013 and the Vernon Rotary luncheon on December 19, 2013. Whitworth announced that Ron Garcia of Southern California Edison had stepped down, and wished him well. He announced the employee service awards and holiday celebration on December 5, 2013. Fandino also announced the Advisory Committee on Electric Rates meeting on December 4, 2013, at 8:00 a.m. CLOSED SESSION At 11:09 a.m., it was moved by Maisano and seconded by Davis to go into closed session to discuss the item listed under closed session. Motion carried, 5-0. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code § 54957(b)(1) Title: Deputy City Attorney (2) At 11:20 a.m. it was moved by Maisano and seconded by Martinez, that the City Council exit closed session. Motion carried, 5-0. Deputy City Attorney Scott Porter announced that there are no reportable actions. At 11:21 a.m., with no further business, Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Ana Barcia Deputy City Clerk