2014-08-19 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, AUGUST 19, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez, and Ybarra
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. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
Abraham Hakimi owner of Princess Paper expressed his concerns regarding new fire inspection
related fees and questioned the billing process. He is concerned that it is no longer
advantageous to conduct business in Vernon, and that the businesses’ concerns are not being
heard.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
July 2014 Anniversary
Employee Name Job Title Years
1. Sergio Canales Assistant Planner 15
2. Jeremy Cross Police Officer 10
3. Paul Hallenberg Firefighter/Paramedic 10
4. Corey Hernandez Firefighter 10
5. Jonathan Sudduth Firefighter/Paramedic 10
6. Jonathan Van Oeffelen Firefighter 10
7. Andrei Yermakov Information Technology Manager 5
Mayor McCormick presented service pins to those in attendance; the City council recognized
those that were not in attendance.
2. Present certificates of appreciation to former members of the Ad Hoc Advisory
Committee for Electric Rates and the Ad Hoc Advisory Committee for Business
Development in recognition of their service to the City of Vernon.
Mayor McCormick presented certificates of appreciation to former Committee Members who
were in attendance at that time. Mayor Pro-Tem Davis presented Mayor McCormick with his
certificate of appreciation.
3. Presentation by Independent Reform Monitor John Van De Kamp on his July 31,
2014 Report on the City of Vernon.
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August 19, 2014
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Independent Reform Monitor John Van de Kamp reported on his July 31, 2014, Report. He
highlighted the City’s accomplishments during the last six months. As he summarized the
report, Van de Kamp reported on his recommendations. He indicated the need to get residents
involved and knowledgeable about City government as there will soon be a need for successors
with the establishment of term limits.
Each of the Council Members were asked by Van de Kamp to comment on items that are
important to them and on their priorities for the City.
In response, Councilmember Ybarra advised that his concern is the City’s finances. Ensuring
that costs are controlled, funds are spent wisely, fees are properly communicated and explained,
and that efforts are being made to keep costs to the businesses down.
In response to Van de Kamp, Maisano advised that it is important maintaining an open dialog
with the business community in order to mitigate dissatisfaction. He is concerned about the
City’s infrastructure and need for financial stability.
Van de Kamp acknowledged the public comment heard earlier. The business community has a
right to express their concerns and City should respond back, further explain and provide
information.
In response to Van de Kamp, Mayor McCormick advised that his focus is the City’s financial
stability, reform efforts and remaining business friendly.
In response to Van de Kamp, Mayor Pro-Tem Davis expressed his desire to encouraging
residents to get involved in Vernon government and the importance of welcoming new residents
to the City.
In response to Van de Kamp, Councilmember Martinez expressed her desire for the City to
continue on a good path, and continue with reforms. As part of her learning process, as a fairly
new councilmember, Martinez wants to ensure that the City remains business friendly.
4. Financial Update Presentation by the Finance Director on 2014 Fiscal Year End
Financial results and investment and policy discussion.
Finance Director William Fox presented a financial update of the City’s financial condition. Fox
discussed four (4) major topics with respect to the 2014 financial results; investment portfolio
highlights, investments derivatives contracts, accomplishments and future challenges.
2. Revisited - Present certificates of appreciation to former members of the Ad Hoc
Advisory Committee for Electric Rates and the Ad Hoc Advisory Committee for
Business Development in recognition of their service to the City of Vernon.
Mayor McCormick continued the presentation of certificates of appreciation to former member
of the Ad Hoc Advisory Committee for Electric Rates and the Ad Hoc Advisory Committee for
Business Development for members that were not recognized during the earlier presentation but
are now in attendance. A special recognition was presented to former Electric Rates Committee
Chairperson Greg Longstreet for his leadership and dedication to the Committee.
Former Chairperson Longstreet thanked the City advising that the Vernon Chamber of
Commerce has strong leadership that will help “carry the torch.”
CONSENT CALENDAR
It was moved by Maisano and seconded by Davis to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 5-0.
Claims Against the City – Received and Filed
5. None.
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Minutes – To be Received and Filed
6. Minutes of the Regular City Council Meeting held August 5, 2014.
Warrant Registers
7. Ratification of City Warrant Register No. 1404 to record voided Check No. 344667
in the amount of $3,059.00.
8. Ratification of Light & Power Warrant Register No. 362 to record voided Check
No. 510658 in the amount of $554.63.
9. Approval of City Payroll Warrant Register No. 698, totaling $2,758,329.39, which
covers the period of July 1, through July 31, 2014 and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling $2,082,448.59; and
b. Checks and electronic fund transfers totaling $675,880.80.
10. Approval of City Warrant Register No. 1406, totaling $1,751,854.25, which covers
the period of July 29, through August 11, 2014, and consists of the following:
a. Ratification of wire transfers totaling $1,375,213.49; and
b. Ratification of the issuance of early checks totaling $170,445.75; and
c. Authorization to issue pending checks totaling $206,195.01.
11. Approval of Light & Power Warrant Register No. 371, totaling $1,182,383.66,
which covers the period of July 29, through August 11, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $1,058,352.20; and
b. Ratification of the issuance of early checks totaling $123,330.42; and
c. Authorization to issue pending checks totaling $701.04.
12. Approval of Gas Warrant Register No.159, totaling $253,112.13, which covers the
period of July 29, through August 11, 2014, and consists of the following:
a. Ratification of wire transfers totaling $233,618.54; and
b. Ratification of the issuance of early checks totaling $19,307.89; and
c. Authorization to issue pending checks totaling $185.70.
City Administration Department
13. A Proclamation of the City Council of the City of Vernon declaring the month of
September 2014 as “Childhood Cancer Awareness Month”.
Fire Department
14. Activity Report for the period of July 16, through July 31, 2014, to be received and
filed.
Health and Environmental Control Department
15. July 2014 Monthly Report, to be received and filed.
Human Resources Department
16. Resolution No. 2014-52 - A Resolution of the City Council of the City of Vernon
approving the industrial disability retirement application of Steve Wiles, a local
safety member formerly employed by the City Of Vernon (Government Code
Sections 21154 and 21156).
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August 19, 2014
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Recommendation:
(1) Find that approving an Industrial Disability Retirement Application 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) Re-consider the previous decision (Resolution No. 2014-04) denying an Industrial
Disability Retirement Application for Steve Wiles based on lack of medical
evidence, and based on a re-evaluation of this case, adopt the resolution approving
Mr. Wiles’ Industrial Disability Retirement Application as the findings and
determinations pertaining to Mr. Wiles’ Application, pursuant to Government
Code section 21156, based on further medical evidence that Mr. Wiles is
substantially incapacitated from the performance of his usual and customary
duties as a Police Officer for the City of Vernon.
Gas and Electric Department
17. Authorization to execute the Base Contract with ConocoPhillips for Sale and
Purchase of Natural Gas (the “NAESB Contract”).
Recommendation:
(1) Find that the approval requested in the staff report is exempt under the California
Environmental Quality Act (“CEQA”) 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; and
(2) Authorize the Director of Gas & Electric to execute the North American Energy
Standards Board (“NAESB”) contract by and between the City of Vernon (“City”)
and ConocoPhillips in substantially the same form as attached to the staff report,
for the purpose of buying and selling natural gas to or from ConocoPhillips, in
compliance with the general terms established in the agreement. It is further
recommended that the City Council find that, pursuant to Vernon Municipal Code
§ 2.17.12(A)(6), competitive bidding is not required because these are contracts
for gas and/or electrical power for the city’s power utility, and that it would be
commercially unreasonable to procure the gas or electricity through standard
bidding or request for proposal procedures.
Police Department
18. Activity Log and Statistical Summary of Arrest and Activities for the period of
July 16, through July 31, 2014, to be received and filed.
19. Authorize the donation of unused First Aid Responder Kits to the Los Angeles
School Police Department (LASPD) Explorers Program.
Recommendation:
(1) Find that approval of the proposed donation to the Los Angeles School Police
Department (“LASPD”) Explorers Program 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 donation of unused First Aid Responder Kits to the LASPD
Explorers Program that will be used for educational and training purposes. It is
further recommended that the City Council find that the donation serves a
municipal purpose.
Public Works, Water and Development Services Department
20. Building Department Report for the month of July 2014, to be received and filed.
21. Approve Encroachment License Agreement No. 417 for Univar USA, Inc.
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Recommendation:
(1) Find that the approval of the Encroachment License Agreement is exempt under
the California Environmental Quality Act (“CEQA”), in accordance with (a)
CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies
to projects, which have the potential for causing a significant effect on the
environment. Also find that this project is categorically exempt under CEQA
Guidelines Section 15308, “Actions by Regulatory Agencies for the Protection of
the Environment”; Class 8 consists of actions taken by Regulatory Agencies, as
authorized by state of local ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process
involves procedures for protection of the environment; and
(2) Approve Encroachment License Agreement No. 417 between the City of Vernon
and Univar USA, Inc. in substantially the same form as submitted with the Staff
Report.
NEW BUSINESS
Police Department
22. Authorization to approve the Drug Enforcement Administration Agreement.
Recommendation:
(1) Find that the proposed agreement with the Drug Enforcement Administration for
continued participation in the Southwest Border Initiative (“SWBI”) taskforce as
detailed in the staff report is exempt under the California Environmental Quality
Act (“CEQA”). In accordance with Section 15061(b) (3), the general rule is that
CEQA only applies to projects that may have an effect on the environment; and
(2) Authorize the Police Chief to execute an agreement with the Drug Enforcement
Administration (“DEA”), in substantially the same form as submitted with the
Staff Report, for continued participation in the Southwest Border Initiative
taskforce.
Police Chief Daniel Calleros reported on the importance to execute the agreement with the Drug
Enforcement Administration as it is a benefit to the Department.
It was moved by Ybarra and seconded by Martinez to approve the authorization to execute the
Drug Enforcement Administration Agreement. Motion carried, 5-0
23. Authorize the Police Chief and City Administrator to execute the Federal Asset
Forfeiture Equitable Share Agreement and Annual Certification Report on behalf
of the City of Vernon.
Recommendation:
(1) Find that granting authority to execute and submit the agreement and related
documents at issue in the staff report constitute administrative activities that do
not constitute a “project” under the California Environmental Quality Act
(“CEQA”), and would also be exempt 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 Police Chief and City Administrator to execute the Federal
Equitable Share Agreement and Annual Certification Report on behalf of the City
of Vernon, in substantially the same form as submitted in the Staff Report.
Police Chief Daniel Calleros conducted the oral report on the recommendation.
It was moved by Davis and seconded by Maisano to approve the authorization to execute the
Federal Equitable Share Agreement and Annual Certification Report. Motion carried, 5-0
/ / /
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Public Works, Water, and Development Services Department
24. Authorization to permit Meta Housing to record the Maintenance Covenant &
Agreement for City owned property located at 4675 52nd Drive.
Recommendation:
(1) Find that authorizing the recordation of a Maintenance Covenant & Agreement by
META Housing is exempt from the California Environmental Quality Act
(“CEQA”) in accordance with (a) CEQA Guidelines section 15061 (b)(3), the
general rule that CEQA only applies to projects that may have an effect on the
environment; and (b) Section 15307, because it is an action taken by the City (a
regulatory agency) to assure the “maintenance, restoration, or enhancement” of
natural resources and includes procedures to protect the environment; and
(2) Authorize staff to ensure that META Housing records a fully executed
“Maintenance Covenant & Agreement Regarding On-Site BMP Maintenance” for
the City owned property located at 4675 52nd Drive (Vernon Village Park).
Director of Public Works, Water and Development Services Kevin Wilson conducted the oral
report.
It was moved by Ybarra and seconded by Maisano to approve the authorization to permit META
Housing to record the Maintenance Covenant & Agreement for City owned property. Motion
carried, 5-0
25. Ratify the Advertisement for Contract No. CS-0487: Labor and Equipment for
Placement of Type II (REAS) Slurry Seal.
Recommendation:
(1) Find that the approval of the proposed Citywide Slurry Seal, Phase III Project is
exempt under the California Environmental Quality Act (“CEQA”) in accordance
with Section 15301, Existing Facilities, part (c), existing highways and streets;
and
(2) Ratify the advertising for bids for the Labor and Equipment for Placement of
Type II, Rubberized Emulsion Aggregate Slurry (REAS) Seal, Contract No. CS-
0487.
Director of Public Works, Water and Development Services Kevin Wilson explained the request
to ratify the bid request.
It was moved by Maisano and seconded by Martinez to ratify the advertisement for bids for
Contract CS-0487, labor and equipment. Motion carried, 5-0
ORDINANCES
26. Ordinance No. 1225 - An Ordinance of the City Council of the City of Vernon
amending Section 2.174(a)(3) of the Vernon Municipal Code to modify the
qualifications of one of the appointment categories for the Vernon Business and
Industry Commission. (First Reading)
Recommendation:
(1) Find that approval, and subsequent adoption, of the proposed 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; and
(2) Hold the first reading of the ordinance to modify the qualifications of the “Labor”
appointment category for the Vernon Business and Industry Commission.
Mayor McCormick introduced the proposed ordinance by title.
Deputy City Administrator Kristen Enomoto provided the oral report on the proposed ordinance.
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It was moved by Ybarra and seconded by Maisano to approve the first reading of Ordinance No.
1225. Motion carried, 5-0.
ORAL REPORTS
27. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officers’ responses to recent incidents. Calleros
announced the Farm Animal Rights Movements upcoming demonstration and reported on the
donation of unused First Aid responder rescue bags to the Los Angeles School Police Explorers
Program.
Captain Michael Gillman reported on vandalism. Mayor Pro-Tem Davis and Councilmember
Ybarra reported on vandalism they have observed within the City.
In response to Mr. Hakimi’s public comment, Fire Chief Michael Wilson clarified and explained
the fee schedule and the department’s intent to communicate the information.
Wilson reported on the firefighter recruitment process, recent Fire Department activities,
training, responses to incidents, and District Attorney’s notification requirements for certain
types of incidents.
In response to Independent Reform Monitor John Van de Kamp’s concerns, Chief Wilson
clarified Mr. Hakimi’s concerns and explained how fees are calculated.
Van de Kamp commented on the benefit to the District Attorney’s involvement in certain
incidents response.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on the Fruitland capital improvement project and the new housing development project.
Director of Gas and Electric Carlos Fandino provided an update on the power outage at U.S.
Growers, and reported on a power pole copper theft incident. Fandino reported on regulatory
issues impacting the enterprise including the implementation of AB2514 for energy storage, the
increase to renewable portfolio standards for publicly owned utilities, pending SB1139, and the
Environmental Protection Agency’s proposal to reduce carbon pollution from power plants.
Finance Director William Fox on the ongoing audit of the financial statement for fiscal year
2014, and reported on the IT assessment and risk audit.
Senior Human Resources Analyst Lisette Michel provided an update on the Firefighter
recruitment, and announced upcoming employee events and activities.
Economic Development Manager/Successor Agency Staff Alex Kung announced the September
4, 2014 Oversight Board to the Successor Agency meeting. Kung reported on efforts to continue
to be business friendly. He noted a potential hiring and training tax credit that could potentially
be applicable to Vernon businesses.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
provided an update on the grand opening of the artificial turf soccer field at Salt Lake Park on
September 6, 2014.
City Administrator Mark Whitworth reported on his and staff’s attendance to various community
events. City Administration will be meeting with California Consulting to receive grant status
updates.
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CLOSED SESSION
With no public comment on the closed session item, at 11:26 a.m., it was moved by Maisano and
seconded by Davis to go into closed session to discuss the agendized item. Motion carried, 5-0.
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth and Teresa McAllister
Employee Organizations: Vernon Police Officers’ Benefit Association
At 11:31 a.m., the Council exited closed session. City Attorney Hema Patel announced that
there is no reportable action.
With no further business, at 11:31 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk