2014-03-04 City Council Minutes (Special)MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD TUESDAY, MARCH 4, 2014,
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 11:07 a.m. by Mayor
McCormick.
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 on any matter on the posted
agenda. No one responded.
NEW BUSINESS
Health and Environmental Control Department
1. Approval to amend contract with PIC Environmental
Services to authorize further environmental
investigation(s) to obtain closure for the OU2
Industrial Parcel (soil) at the former Thermador site,
5119-5309 District Blvd.
Recommendation:
(1) Find that the approval of the proposed amendment to
the existing contract with PIC Environmental Services
to allow additional soil investigations and related
remediation activity is exempt from the California
Environmental Quality Act (“CEQA”) pursuant to (i) the
“catch-all” exemption of CEQA Guidelines section
15061(b)(3), because it can be seen with certainty
that there is no possibility that the activity in
question may have a significant effect on the
environment; and (ii) CEQA Guidelines section 15330
because the actions relate to a minor cleanup of
contaminated soils to prevent, minimize, stabilize,
mitigate, or eliminate the release or threat of
release of a hazardous waste or substance which will
cost less than $1 million; and
(2) Authorize the City Administrator to amend the existing
contract with PIC Environmental Services (“PIC”) to
increase the existing expenditure cap from $275,000 to
$403,000, provided the form of the amended contract is
based upon the City’s form professional services
agreement. It is further recommended that the City
Council find that, consistent with the City Council’s
authority under Vernon Municipal Code section
2.17.12(B)(2), the best interests of the City are
served by a direct award of the contract to PIC
Special City Council Meeting Minutes
March 4, 2014
Page 2 of 3
without a competitive selection process because PIC’s
rates are competitive, because PIC is already familiar
with the underlying work, and because it would be cost
prohibitive to request that this work be completed by
a firm that is unfamiliar with the substantial history
of the project.
Director of Health and Environmental Control Leonard Grossberg
provided an update on the Thermador site. The site is in its
final stages of the environmental investigation for closure by
the Department of Toxic Substances Control (“DTSC”). Grossberg
explained that the site is divided into three sections. One of
which, is the Meta Housing Corporation development project site
(OU1) which was issued a “No further action” (“NFA”) letter.
The other sections include the industrial site (OU2) and the
groundwater portion (OU3). He noted that the OU3 will require
oversight by DTSC for a number of years.
Grossberg advised that staff has been able to negotiate a work
plan to get closure of OU2. He noted a correction to the staff
report, as the work plan was not attached as referenced.
Grossberg explained that since the approval of the PIC
Environmental Services contract, additional work has been
identified in order to receive the NFA letter for OU2. The
expenditure cap on the contract would need to be increased.
Staff is proposing to increase the cap to a not to exceed amount
of $403,000. This includes a contingency of $7,000-9,000.
In response to City Administrator Mark Whitworth’s inquiry on
the amount set aside for cleanup cost, Assistant to City
Administrator Alex Kung advised that approximately $300,000 was
set aside through East West Bank for cleanup costs. The City
will be able to get reimbursed by submitting invoices or during
the sale of the property.
In response to Councilmember Ybarra’s concerns, Kung advised
that the additional costs are not to expedite the work, but to
simply conduct the necessary work. Kung explained that there is
an urgency as the loan is becoming due, but that East West Bank
has been advised of a potential delay.
Kung further added that Pacific Industrial, Inc., the potential
buyer, has committed funds to the project. It benefits everyone
to get this work completed; Kung explained.
Whitworth advised that all parties involved are moving towards
the same end goal. The additional funding will bring everything
together and allow the project to move forward.
Councilmember Ybarra recalled that over a year ago the Council
approved a cost increase to this agreement; he inquired whether
the project could still be extended. From the City’s
perspective, want to conclude by April.
In response, Kung advised that East West Bank has already been
notified that there may be delay; if so, there will be no
additional cost or paperwork to the City.
It was moved by Ybarra and seconded by Martinez to approve the
amendment to the PIC Environmental services contract. Motion
carried, 5-0.
Special City Council Meeting Minutes
March 4, 2014
Page 3 of 3
With no further business, at 11:17 a.m., Mayor McCormick
adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk