2014-07-01 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JULY 1, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, and Ybarra
MEMBERS ABSENT: Martinez (entire meeting)
The meeting was called to order at 9:03 a.m. by Mayor McCormick; Finance Director William
Fox 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. No one responded.
PUBLIC HEARINGS
1. Public hearing to consider Jia Hui Resources, LLC’s request for a conditional use
permit to operate an indoor recycling facility.
Resolution No. 2014-41 - A Resolution of the City Council of the City of Vernon
approving a conditional use permit for Jia Hui Resources, LLC to operate a
recycling facility located at 4726 Everett Court.
Recommendation:
(1) Adopt a resolution that, among other things: (a) approves a conditional use permit
to allow a recycling facility to be operated at 4726 Everett Court, subject to
conditions of approval; and (b) adopts a Negative Declaration finding that the
project will not have a significant impact on the environment within the meaning
of the California Environmental Quality Act.
At 9:04 a.m., the Mayor opened the public hearing to consider the conditional use permit for Jia
Hui Resources, LLC.
Director of Public Works, Water, and Development Services Kevin Wilson provided the oral
staff report on the revised proposal.
Mayor McCormick opened the public comment portion of the public hearing.
Myung Chung, the Architect for the proposed Jia Hui project reported that concerns were
addressed and all are in agreement with the conditions.
Caleb Morse, CFO at Meridith Bear Home is pleased with the proposed revisions, but still had
some concerns.
McCormick directed staff to meet with Morse to address his concerns.
Chung expressed Jia Hui Resources, LLC’s desire to address the concerns of neighboring
businesses.
With no further comments or questions of staff, at 9:15 a.m., the public hearing was closed.
Councilmember Ybarra suggested that staff monitor the situation and to provide further
recommendations to City Council if necessary.
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July 1, 2014
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It was moved by Davis and seconded by Maisano to approve Resolution No. 2014-41. Motion
carried, 4-0.
2. Public hearing to consider the adoption of the General Fee Schedule for Services
provided by the City.
Resolution No. 2014-42 - A Resolution of the City Council of the City of Vernon
approving and adopting a General Fee Schedule.
Recommendation:
(1) Adopt the resolution for the General Fee Schedule for the Fiscal Year 2014-15.
The implementation of the General Fee Schedule as recommended by the
independent consulting firm, Capital Accounting Partners, follows best practices
by maintaining fiscal responsibility and stability through a better matching of
services costs with fees being charged. The resolution, among other things, finds
that the approval of the resolution is not subject to the California Environmental
Quality Act (“CEQA”) pursuant to Guidelines section 15273, and that even if it
were, it would be exempt pursuant to section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the environment.
At 9:16 a.m., Mayor McCormick opened the public hearing to consider the adoption of the
General Fee Schedule for services provided by the City.
Finance Director William Fox provided a presentation on the proposed. Director of Public
Works, Water and Development Services Kevin Wilson, Director of Health and Environmental
Control Leonard Grossberg and Police Chief Daniel Calleros further explained and provided
examples of proposed fees for their respective Departments.
Fox reported on the written public comment received regarding the proposal.
Mayor McCormick opened the public comment portion of the public hearing.
Marisa Olguin of the Vernon Chamber of Commerce expressed her concerns regarding the
proposal and the documentation made available to the public.
Peter Corselli of U.S. Growers Cold Storage provided public comment against the proposal.
Juliet Goff of Kal Plastics additionally provided public comment against the proposal.
Independent Reform Monitor John Van de Kamp spoke on the matter and provided a
recommendation.
Steve Freed of Mt. Vernon LLC provided public comment against the proposal and requested
additional time to review.
With no further public comment, at 10:18 a.m. the public hearing was closed.
The City Council deliberated on the proposed.
In order to address the concerns, Fox amended staff’s recommendation to approve the general
fee schedule for one year without a consumer price index adjustment; after which, the item will
be revisited by City Council.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2014-42
incorporating Fox’s amended recommendation. Motion carried, 3-0-1, with Ybarra in
opposition.
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July 1, 2014
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CONSENT CALENDAR
Mayor Pro-Tem Davis requested the removal of item 8 from the Consent Calendar. The
proposed item will be considered after the Consent Calendar.
It was moved by Maisano and seconded by Ybarra to approve the remaining matters listed under
the Consent Calendar under one motion. Motion carried, 4-0.
Claims Against the City (to be received and filed)
1. None.
Warrant Registers
2. Ratification of the following City Warrant Registers to record the following voided
checks:
a. City Warrant Register No. 1401 to record voided Check No. 344238 in the
amount of $50.00; and
b. City Warrant Register No. 1395 to record voided Check No. 343444 in the
amount of $33.44.
3. Ratification of Gas Warrant Register No. 152 to record voided Check No. 1139 in the
amount of $1,500.00.
4. Approval of City Warrant Register No. 1403, totaling $958,491.80, which covers the
period of June 10, through June 23, 2014, and consists of the following:
a. Ratification of wire transfers totaling $696,226.53; and
b. Ratification of the issuance of early checks totaling $91,436.95; and
c. Authorization to issue pending checks totaling $170,828.32.
5. Approval of Light & Power Warrant Register No. 368, totaling $4,473,497.65, which
covers the period of June 10, through June 23, 2014, and consists of the following:
a. Ratification of wire transfers totaling $4,441,797.94; and
b. Ratification of the issuance of early checks totaling $12,076.23; and
c. Authorization to issue pending checks totaling $19,623.48.
6. Approval of Gas Warrant Register No. 156, totaling $2,595.10, which covers the period
of June 10, through June 23, 2014, and consists of the following:
a. Ratification of the issuance of early checks totaling $2,595.10.
Gas and Electric Department
7. March 2014 Light and Power Resource Procurement Report, to be received and filed.
8. REMOVED.
9. Authorize the Award of Bid and Purchase Contract to Interstate Gas Services, Inc.
for Natural Gas Operational Support Services.
Recommendation:
(1) Find that awarding the bid as outlined in the 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 award of a contract to Interstate Gas Services, Inc. (“IGS”), in
substantially the same form as attached to the staff report, for the purpose of
securing natural gas operational support services. IGS was the only responding
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July 1, 2014
Page 4 of 9
party to the Request for Proposals (RFP) issued by the City on May 21, 2014.
The contract for IGS services proposes a three (3) year term with a “not-to-
exceed” cost of $140,000 per calendar year, for a grand total amount “not-to-
exceed” $420,000.
Police Department
10. Activity Log and Statistical Summary of Arrest and Activities for the period of June 1,
through June 15, 2014, to be received and filed.
Public Works, Water and Development Services Department
11. Approval of Amendment No. 2 extending the existing Services 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. 2, extending the Services Agreement between
the City of Vernon and Santa Fe Building Maintenance for 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) Approve Amendment No. 2 extending the Services Agreement between the City
of Vernon and Santa Fe Building Maintenance 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 Services Agreement will be made effective July 1, 2014, and
terminate effective June 30, 2015. There is no increase in the cost of service.
This is the final extension permitted and the service will have to be rebid for fiscal
year 2015-2016.
12. Approval of Amendment No. 1 extending the Services Agreement Between the City
of Vernon and Cannon Corporation for the Engineered Design of a Temporary
Closed Water System, Elevated Tank Standpipe Repair and Technical
Specifications.
Recommendation:
(1) Find that approval of Amendment No. 1 extending the Services Agreement
between the City of Vernon and Cannon Corporation for the Engineered Design
of a Temporary Closed Water System, Elevated Tank Standpipe Repair and
Technical Specifications, effective July 9, 2014 through September 30, 2014, 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 Amendment No. 1, in substantially the same form as attached to the staff
report, extending the Services Agreement between the City of Vernon and
Cannon Corporation, effective July 9, 2014 through September 30, 2014.
13. Approve Bid Award for Contract No. CS-0421, the 55th Street Storm Drain
Improvements.
Recommendation:
(1) Find that the proposed Capital Improvement Project at 55th Street is categorically
exempt under the California Environmental Quality Act (“CEQA”) in accordance
with 14 California Code of Regulations, CEQA Guidelines Section 15303(d),
New Construction or Conversion of Small Structures. The project consists of the
construction of a sewer line extensions including street improvements of
reasonable length to serve such construction; and
(2) Accept the bid from Ramona Inc. Company, as the lowest responsive and
responsible bidder and enter into a contract, not to exceed $628,390, for the 55th
Street Storm Drain Improvements Project, Contract No. CS-0421, and to reject all
other bids. Further authorize a contingency of $75,000 in the event of an
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July 1, 2014
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unexpected changed condition in the project and grant authority to the City
Administrator to issue a change order for an amount up to the contingency
amount.
REMOVED CONSENT CALENDAR ITEM - REVISITED
8. Award of Bid and Purchase Contract to CH2M Hill Engineers, Inc. for
Environmental Support Services.
Recommendation:
(1) Find that awarding the contract as outlined in the 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 award of a contract to CH2M Hill Engineers, Inc. (CH2M) in
substantially the same form as attached to the staff report, for the purpose of
securing Environmental Support Services. The proposed contract would include a
grand total compensation amount “not-to-exceed” $1,368,985 over the three year
term of the agreement.
Director of Gas and Electric Carlos Fandino and Deputy City Clerk Ana Barcia addressed Mayor
Pro Tem Davis’ concerns on the completeness of the proposed item.
It was moved by Davis and seconded by Maisano to approve the bid award and purchase contract
to CH2M Hill Engineers, Inc. for environmental support services. Motion carried, 4-0.
NEW BUSINESS
City Administration Department
1. Appointments to the Inaugural Vernon CommUNITY Fund Grant Committee.
Recommendation:
(1) Find that the appointment of individuals to serve on the Vernon CommUNITY
Fund Grant Committee 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) Appoint seven individuals to serve on the Vernon CommUNITY Fund Grant
Committee for terms commencing July 1, 2014. Pursuant to Section 2.158 of the
Vernon Municipal Code (“VMC”), Appointment of Members, the seven-member
Grant Committee shall include: two persons representing members of the
California Legislature with districts that include at least a portion of the “Vernon
Area” (as defined in Section 2.157(c) of the VMC); three persons that reside or
work in the Vernon Area; one person who represents the owner of operator of a
business located in Vernon; and one current member of the Vernon City Council;
and
(3) Designate four of the seven individuals to serve an initial term of three years,
ending June 30, 2017. The remaining three individuals shall serve a standard
two-year term, ending June 30, 2016. Pursuant to Section 2.159 of the VMC,
Creation of Staggered Terms, the three members of the Grant Committee
designated to serve a standard two-year term shall be from each of the following
categories: one person representing a member of the California Legislature; one
person that resides or works in the Vernon Area; and one person who represents
the owner or operator of a business located in Vernon. The remaining four
members designated to serve an initial three-year term shall fill in the remaining
positions.
Deputy City Administrator Kristen Enomoto provided the oral staff report.
Fran Jemmott of Jemmott Rollins Group, Inc. presented on the nominees for the Vernon Area
Representatives.
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July 1, 2014
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Mayor McCormick made the following selections:
Grant Committee Member
Name
Appointment Category Term End Date
Steve Veres Legislative Representative June 30, 2016
Joaquin Castaneda Legislative Representative June 30, 2017
Jessica Maes Vernon Area Representative June 30, 2016
Michael Gavina Vernon Area Representative June 30, 2017
Yolie Flores Vernon Area Representative June 30, 2017
Juliet Goff Business Representative June 30, 2016
Michael Ybarra City Council Representative June 30, 2017
It was moved by Davis and seconded by Maisano to ratify the Mayor’s selection and appoint the
Grant Committee Members with specified term end dates as listed above. Motion carried, 4-0.
2. Jemmott Rollins Group, Inc. to provide a brief status report on CommUNITY Fund
related activities and next steps.
Representative Fran Jemmott provided said update.
3. Resolution No. 2014-43 - A Resolution of the City Council of the City of Vernon
amending Exhibit A of Resolution No. 2013-57 regarding the compensation, costs
and benefits of its employees (“citywide personnel and salary resolution”)
(Amendment No. 9).
Recommendation:
(1) Find that approval of the proposed 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 amending Section 5 (Auto Insurance Program) of Resolution
No. 2013-57, to discontinue the $35.00 per month Auto Insurance Program for
employees in classifications designated as Executive, Management, Confidential,
Mid-Management, and Vernon Police Management Association employees,
effective July 1, 2014.
City Administrator Mark Whitworth introduced the item. Human Resources Director Teresa
McAllister provided the oral staff report.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2014-43. Motion
carried, 4-0.
Gas and Electric Department
4. Approval Request for Ratification of Dutch, LLC Optical Fiber Use Agreement
No. 11.
Recommendation:
(1) Find that the requested approval is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15303(d)
which exempts minor extensions of utility services, and under 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 not require any construction,
and the only physical change to the environment is stringing a few hundred feet of
fiber optic cabling (of roughly ½ inch in diameter) from existing utility poles onto
private property; and
(2) Approve a revised Optical Fiber Use Agreement No. 11 with Dutch, LLC and the
related Short Form IRU-11.1 and IRU-11.2 Indefeasible Right of Use Agreement
and authorize the City Administrator to approve minor and administrative changes
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July 1, 2014
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to each. Upon approval of all changes, the construction for the implementation of
an Optical Fiber Connection will commence.
Director of Gas and Electric Carlos Fandino provided the oral staff report. Deputy City Attorney
Zaynah Moussa further clarified that the proposed is a ratification of changes to a previous
approved agreement.
It was moved by Ybarra and seconded by Maisano to approve the ratification of the Dutch, LLC
optical Fiber Use Agreement No. 11. Motion carried, 4-0.
5. Approval to Execute Puente Hills Landfill Gas-to-Energy Facility Power Sales
Agreement by and between the City of Vernon and the Southern California Public
Power Authority.
Recommendation:
(1) Find that (a) the requested approval is not a “project” subject to the California
Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it
involves the administrative activity of purchasing power; and (b) even if this
approval were a “project” subject to CEQA, the approval requested is exempt in
accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA
only applies to projects that may have an effect on the environment because
purchasing power is purely a financial transaction, and any construction that may
occur by a third party in the future in reliance on this approval would be subject to
CEQA review by another governmental agency at that time when actual details of
any physical proposal would be more than speculative; and
(2) Authorize the Director of Gas and Electric to approve and execute the Puente
Hills Landfill Gas-to-Energy Facility Power Sales Agreement between the City of
Vernon (“City”) and the Southern California Public Power Authority (“SCPPA”)
in substantially the same form as attached to the staff report, for the purpose of
purchasing renewable power with associated green attributes in compliance with
the Renewable Resources Procurement Plan and Enforcement Program in force at
the City. The terms include the purchase of 10 megawatts of renewable power
between January 1, 2017 and December 31, 2030.
(3) Find that approval of the power sales agreement complies with the competitive
bidding requirements of the Vernon Municipal Code in that: (a) Vernon
Municipal Code § 2.17.12(A)(6) exempts this contract from the competitive
bidding requirements because it is a “contract for the acquisition, sale or
transmission of electrical power”; and it would be commercially unreasonable to
procure the power through standard bidding or request for proposal procedures;
and (b) this contract is between SCPPA (a joint powers agency) and Vernon, and
Vernon Municipal Code 2.17.12(A)(5) exempt this contract and all other
“contracts with other governmental entities or their contractors for labor,
materials or supplies”. Further find that approval of this contract is consistent
with the purposes of the City’s purchasing regulations because SCPPA issued a
request for proposals to acquire renewable energy resources and County
Sanitation District No. 2 of Los Angeles County responded to the request for
proposals.
Director of Gas and Electric Carlos Fandino provided the oral staff report.
It was moved by Davis and seconded by Maisano to approve the execution of the Puente Hills
Landfill Gas-to-Energy Facility Power Sales Agreement. Motion carried, 4-0.
ORDINANCES
1. ORDINANCE NO. 1223 - An Ordinance of the City Council of the City of Vernon
adding Article XXI to Chapter 2 of the Vernon municipal code to establish the
Vernon Business and Industry Commission and to specify the membership and
duties of said Commission. (first reading)
Regular City Council Meeting Minutes
July 1, 2014
Page 8 of 9
Recommendation:
(1) Find that approval and subsequent adoption of the proposed ordinance
establishing the Vernon Business and Industry Commission 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) Hold the first reading of the ordinance establishing the Vernon Business and
Industry Commission and specifying the membership and duties of said
Commission.
Mayor McCormick introduced the proposed ordinance by title.
Deputy City Administrator Kristen Enomoto provided the oral staff report on the proposed
ordinance.
Independent Reform Monitor John Van de Kamp commented on the proposed, and provided
recommendation on the implementation.
Marisa Olguin, President of the Vernon Chamber of Commerce, provided public comment on the
proposed and expressed the Chamber’s desire to participate in the selection of the Commission
representatives.
It was moved by Davis and seconded by Ybarra to approve the first reading of Ordinance No.
1223. Motion carried, 4-0.
ORAL REPORTS
Police Chief Daniel Calleros reported on officer’s response to recent incidents. New Police
Department staff member was introduced. Calleros also announced that the Vernon Police
Department was not selected by Maywood officials to provide police services to the City.
Captain Michael Gillman reported vandalism. Mayor McCormick reported on vandalism that he
had observed in the City.
Fire Chief Michael Wilson reported on recent Fire Department activities, training, and response
to incidents.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on capital improvement projects and other Public Works related activity.
In response to Mayor McCormick, Wilson provided an update on the Atlantic Bridge project.
Director of Gas and Electric Carlos Fandino reported on recent power outages and provided an
update on the gas department. Fandino also reported on the Department’s efforts to procure
renewable energy resources.
Finance Director William Fox reported on the department’s current activity and upcoming
projects.
Director of Health and Environmental Control Leonard Grossberg announced the Sustainable
Development and Energy Efficiency name change to the Green Vernon Commission.
Human Resources Director Teresa McAllister announced upcoming employee events and
activities.
Economic Development Manager/Successor Agency Staff Alex Kung reported on potential grant
opportunities for businesses. He further announced the cancellation of the Oversight Board to
the Successor Agency meeting until September.
Deputy City Attorney Zaynah Moussa provided an update on existing litigation regarding Bruce
Malkenhorst.
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July 1, 2014
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City Administrator Mark Whitworth reported on various city activities and updates.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
provided an update on grand opening of the artificial turf soccer field at Salt Lake Park.
Mayor McCormick commended Police Chief Daniel Calleros on his efforts to procure a contract
with the City of Maywood in order to provide police services to Maywood.
CLOSED SESSION
With no public comment on the closed session items, at 11:55 a.m., it was moved by Davis and
seconded by Maisano to go into closed session to discuss the items listed under closed session.
Motion carried, 4-0.
1. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister, and Paul
Coble
Employee Organizations: Vernon Police Officers’ Benefit Association, Vernon Police
Management Association, Vernon Firemen's Association, Vernon Fire Management
Association, Teamsters Local 911, and International Brotherhood of Electric Workers
Local 47.
2. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Attorney
At 1:27 p.m., the City Council exited closed session. Deputy City Clerk Ana Barcia announced
that there is no reportable action.
With no further business, at 1:28 p.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk