2014-10-07 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, OCTOBER 7, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, and Martinez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick in remembrance of
Honorable Michael A. Ybarra, 1952-2014.
The Vernon Police Department Honor Guard conducted the flag salute and presentation. Each of
the Councilmember’s spoke briefly to share their condolences with Councilmember Ybarra’s
family. Additionally, Julia Juarez of Senator Ricardo Lara’s Office presented Councilmember
Ybarra’s family with a memorial resolution in his honor. Councilmember Thomas Martin of the
City of Maywood also gave his condolences.
At 9:17 a.m. Mayor McCormick called a recess of the City Council meeting for the audience to
participate in a brief reception in Councilmember Ybarra’s honor. The meeting reconvened at
9:37 a.m.
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.
No one responded.
PRESENTATIONS
1. A Proclamation of the Mayor and the City Council of the City of Vernon declaring
the month of October 2014 as “Breast Cancer Awareness Month”.
Firefighter Bryan Dome conducted the presentation. City Administrator encouraged all to wear
breast cancer awareness attire on Thursdays.
Mayor McCormick directed staff to designate a day in October in order to encourage awareness.
It was moved by Davis and seconded by Martinez to approve the proclamation declaring October
as “Breast Cancer Awareness Month.” Motion carried, 4-0.
PUBLIC HEARINGS
2. To consider public comment on the establishment of Vernon’s new Transmission
Revenue Balancing Account Adjustment for its high voltage (over 200 kV)
transmission entitlements (all located outside the City) pursuant to Vernon’s
Transmission Owner Tariff.
Resolution No. 2014-59 - A Resolution of the City Council of the City of Vernon
establishing a Transmission Revenue Balancing Account Adjustment for 2015 in
accordance with Vernon’s transmission owner tariff and providing for tariff sheet
changes to implement the adjustment.
Regular City Council Meeting Minutes
September 2, 2014
Page 2 of 8
Recommendation:
(1) Find that the approval of the TRBAA referenced 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 the Resolution establishing a New Transmission Revenue Balancing
Account Adjustment (“TRBAA”) for 2015 which:
a) Adopts the newly calculated TRBAA of a positive $12,458; and
b) Adopts the replacement of the existing TRBAA of positive $13,331 with
the new TRBAA for 2015 of a positive $12,458; and
c) Adopts the revised Appendix I of Vernon’s TO Tariff reflecting the
TRBAA of positive $12,458; and
d) Authorizes outside counsel to submit Vernon’s TRBAA and supporting
documentation to FERC on behalf of the City of Vernon.
Director of Gas and Electric, Carlos Fandino reported on the recommendation for both of the
public hearing items.
At 9:44 a.m., Mayor McCormick opened the public hearing for public comment. With no public
comment at 9:44 a.m. the hearing was closed.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2014-59. Motion
carried, 4-0.
3. To consider public comment on the establishment of Vernon’s new Existing
Transmission Contract Adjustment for its high voltage (over 200 kV) transmission
entitlements (all located outside the City) pursuant to Vernon’s Transmission
Owner Tariff.
Resolution No. 2014-60 - A Resolution of the City Council of the City of Vernon
adopting a new Transmission Revenue Requirement for 2015 in accordance with
Vernon’s transmission owner tariff and providing for tariff sheet changes to
implement the adjustment.
Recommendation:
(1) Find that the approvals requested 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) Approve the Resolution to thereby:
a) Approves, pursuant to the Transmission Owner Tariff, and to be effective
on January 1, 2015, the establishment of the City’s new TRR
Transmission Revenue Requirement (“TRR”) and Appendix I to the TO
Tariff implementing the new TRR, as described in the Gas & Electric
TRR Report dated on or about October 7, 2014; and
b) Authorize outside counsel to submit the City’s TRR, the amended
Appendix I to the Vernon TO Tariff, and supporting documentation such
as the TRR Report, to the Federal Energy Regulatory Commission
(“FERC”) on behalf of the City of Vernon.
With no additional information to provide, at 9:45 a.m. Mayor McCormick opened the public
hearing for public comment. With no public comment, at 9:45 a.m. the public hearing was
closed. Motion carried, 4-0.
It was moved by Maisano and seconded by Martinez to approve Resolution No. 2014-60.
Motion carried, 4-0.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 4-0.
Regular City Council Meeting Minutes
September 2, 2014
Page 3 of 8
Claims Against the City – Received and Filed
4. Claim for Damages received September 15, 2014, from Tania Moreno in the
amount of $54.95.
5. Claim for Damages received on September 29, 2014, from Vernon Firemen’s
Association estimated at approximately $500,000.00.
Minutes – To be Received and Filed
6. Minutes of the Regular City Council Meeting held September 2, 2014.
7. Minutes of the Special City Council Meeting held September 11, 2014.
8. Minutes of the Regular City Council and Special Joint et al Meeting held
September 16, 2014.
9. Minutes of the Special City Council Meeting held September 29, 2014.
Warrant Registers
10. Ratification of the following City Warrant Registers to record the following voided
checks:
a. City Warrant Register No. 1400 to record voided Check No. 344163 in the
amount of $19.04; and
b. City Warrant Register No. 1406 to record voided Check No. 345027 in the
amount of $80.00.
11. Ratification of Light & Power Warrant Register No. 353 to record voided Check
No. 510375 in the amount of $274.27.
12. Approval of City Warrant Register No. 1409, totaling $1,936,286.41, which covers
the period of September 9, through September 29, 2014 and consists of the
following:
a. Ratification of wire transfers totaling $1,371,880.70; and
b. Ratification of the issuance of early checks totaling $186,328.75; and
c. Authorization to issue pending checks totaling $378,076.96.
13. Approval of Light & Power Warrant Register No. 374, totaling $6,414,905.16,
which covers the period of September 9, through September 29, 2014 and consists
of the following:
a. Ratification of wire transfers totaling $6,288,494.01; and
b. Ratification of the issuance of early checks totaling $8,276.98; and
c. Authorization to issue pending checks totaling $118,134.17.
14. Approval of Gas Warrant Register No. 162, totaling $2,369,863.89, which covers
the period of September 9, through September 29, 2014 and consists of the
following:
a. Ratification of wire transfers totaling $2,331,119.17; and
b. Ratification of the issuance of early checks totaling $38,513.91; and
c. Authorization to issue pending checks totaling $230.81.
City Administration Department
15. Councilmembers' attendance report on the League of California Cities Conference
from September 3 - 5, 2014.
Regular City Council Meeting Minutes
September 2, 2014
Page 4 of 8
Fire Department
16. Activity Report for the period of August 16, through August 31, 2014, to be
received and filed.
17. Activity Report for the period of September 1, through September 15, 2014, to be
received and filed.
Gas and Electric Department
18. Receive and file General Order 165 and General Order 174 Inspection Program
Metrics.
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 file the Inspection Program Metrics that address General Order
(“GO”) 165 and General Order (“GO”) 174 as submitted by the Vernon Gas &
Electric Department and acknowledge that City compliance with the California
Public Utilities Commission (“CPUC”) request is voluntary in nature. The data is
presented for informational purposes only.
Police Department
19. Activity Log and Statistical Summary of Arrest and Activities for the period of
September 1, through September 15, 2014, to be received and filed.
Public Works, Water, and Development Services Department
20. Accept the Electrical Easement for 3222 Washington Boulevard.
Recommendation:
(1) Find that the Electrical Easement in the staff report is categorically exempt under
the California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15061(b) (3), the general rule the CEQA only applies to
projects that may have an effect on the environment and pursuant to section
15303(d) that exempts new construction of small structures such as electrical
extensions; and
(2) Accept the Electrical Easement and authorize the Mayor and City Clerk to
execute said document.
21. Accept the Electrical Easement for 3232 Washington Boulevard.
Recommendation:
(1) Find that the Electrical Easement in the staff report is categorically exempt under
the California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15061(b) (3), the general rule the CEQA only applies to
projects that may have an effect on the environment and pursuant to section
15303(d) that exempts new construction of small structures such as electrical
extensions; and
(2) Accept the Electrical Easement and authorize the Mayor and City Clerk to
execute said document.
NEW BUSINESS
22. Resolution No. 2014-61 - A Resolution of the City Council of the City of Vernon
adopting a master conflict of interest code for the City of Vernon and all Agencies,
Boards, and Commissions affiliated with the City that incorporates by reference
Regular City Council Meeting Minutes
September 2, 2014
Page 5 of 8
the standard model conflict of interest code of the Fair Political Practices
Commission.
Recommendation:
(1) Find that the proposed actions do not constitute a “project” pursuant to section
15378(b)(2) of the Guidelines to the California Environmental Quality Act
(“CEQA”), because they constitute administrative activities; and even if the
proposed did constitute a project, it would be exempt from 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 the resolution adopting a Master Conflict of Interest Code for the City of
Vernon and all affiliated agencies, boards and commissions, which incorporates
all recommendations from the various affiliated City of Vernon governing bodies
and City staff review effective January 1, 2015; and adopting the Conflict of
Interest Code for the Vernon CommUNITY Fund Grant Committee and the
Business and Industry Commission effective immediately upon approval; and
(3) Repeals all other existing Conflict of Interest Codes for the City of Vernon and all
other City of Vernon affiliated governing bodies.
Deputy City Clerk Ana Barcia conducted the oral report on the recommendation.
It was moved by Martinez and seconded by Maisano to approve Resolution No. 2014-61. Motion
carried, 4-0.
Gas and Electric Department
23. Approval of the Superior Lithographic Optical Fiber Use Agreement No. 12.
Recommendation:
(1) Find that the approval requested 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 Optical Fiber Use Agreement No. 12 between the City of Vernon and
Superior Lithographic and the related Short Form IRU-12.1 Indefeasible Right of
Use Agreement, in substantially the same form as submitted with the staff report.
Upon approval, construction for the implementation of an Optical Fiber
Connection will commence.
Director of Gas and Electric Carlos Fandino reported on the recommendation.
It was moved by Davis and seconded by Maisano to approve the Superior Lithographic Optical
Fiber Use Agreement No. 12. Motion carried, 4-0.
Public Works, Water and Development Services Department
24. Ratify the Agreement for the preparation of a Load Reduction Strategy to address
the 2012 Municipal Separate Storm Sewer System National Pollutant Discharge
Elimination System Permit Requirements.
Recommendation:
(1) Find that the approval of an Agreement between the participating cities and the
Los Angeles County Flood Control District (“FCD”) for the Los Angeles River
Upper Reach 2 (“LAR UR2”) Watershed Management Area (“WMA”) is exempt
under the California Environmental Quality Act (“CEQA”):
a) The authorization to prepare a Load Reduction Strategy is exempt from
CEQA pursuant to CEQA Guidelines Section 15307 because the
Regular City Council Meeting Minutes
September 2, 2014
Page 6 of 8
authorization to submit the plan is an action taken by the City in its role as
a regulatory agency authorized by state regulation and is intended to
assure the maintenance, restoration, enhancement, or protection of a
natural resource where the regulatory process involves procedures for
protection of the environment; and
b) The authorization to prepare the Load Reduction Strategy is covered by
the general rule set forth in CEQA Guidelines Section 15061(b)(3) which
provides that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have
a significant effect on the environment, the activity is not subject to
CEQA. Here, the authorization to prepare the plan involves procedures
for the protection of the environment and has no significant adverse effect
on the environment.
(2) Ratify the City Administrators’ execution of an Agreement, attached to the staff
report as Exhibit A, between the participating cities and the FCD for the LAR
UR2 WMA for preparation of a Load Reduction Strategy (“LRS”) to address the
2012 Municipal Separate Storm Sewer System (“MS4”) National Pollutant
Discharge Elimination System (“NPDES”) Permit (hereinafter the Municipal
NPDES Permit) Requirements (hereinafter the “Agreement”). The City of
Vernon’s cost share for the LRS is $6,429.00.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
recommendation’s need and urgency. The proposed will ratify the City Administrator’s
execution of the agreement.
It was moved by Maisano and seconded by Martinez to approve the ratification of the Agreement
for the preparation of a Load Reduction Strategy. Motion carried, 4-0.
25. Award Bid for Contract No. CS-0428, the Office Reconfiguration of City
Administration, City Attorney, and Human Resources Departments.
Recommendation:
(1) Find that the proposed Capital Improvement Project is categorically exempt under
the California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, Existing Facilities, part (a), because the project is
merely to make interior or exterior alterations involving partitions, plumbing, and
electrical conveyances; and
(2) Accept the bid of Victor Palos Development and Construction, as the lowest
responsive and responsible bidder and enter into a contract, at an amount not-to-
exceed $309,900.00, for the Office Reconfiguration of City Administration, City
Attorney and Human Resources Departments Project, Contract No. CS-0428, and
to reject all other bids. Further authorize a contingency of $50,000.00, in the event
of an 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.
Director of Public Works, Water and Development Services Kevin Wilson reported on the bid
process and recommendation to award the contract to the lowest bidder.
In response to Mayor McCormick, Wilson reported that the work is anticipated to commence in
November.
It was moved by Davis and seconded by Maisano to award Contract No. CS-0428 to Victor
Palos Development and Construction. Motion carried, 4-0.
ORAL REPORTS
26. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
Regular City Council Meeting Minutes
September 2, 2014
Page 7 of 8
27. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officers’ responses to recent incidents and reported on
the demonstration at Farmer John by members of the People for Ethical Treatment of Animals,
PETA. Calleros reminded all of the California Great Shake-out Earthquake Exercise on October
16, 2014.
Captain Michael Gillman reported on existing reports of vandalism. Mayor McCormick reported
on vandalism he had observed within the City.
Fire Chief Michael Wilson reported on the Insurance Service Office (ISO) audit of the
Department. He anticipates that the Department will be able to maintain its Class 1 rating.
Wilson reported on training activities, and on the Department’s response to recent structural fires
and incidents, including multiple mutual aid calls.
Director of Public Works, Water and Development Services Kevin Wilson advised that he will
be making a presentation on the current drought at the next City Council meeting. He provided
an update on capital improvement projects and the new housing development project.
In response to Mayor Pro Tem Davis, Wilson advised that the majority of the City’s fire hydrants
are dry, and therefore there should not be any water waste concerns if one is damaged in an
accident.
Director of Gas and Electric Carlos Fandino reported on two power outages. Fandino reported
on the procurement of emission credits. In response to Mayor Pro Tem Davis, Fandino advised
that he will have staff trim the tree on Atlantic Boulevard, if necessary, in order to avoid a
potential power outage.
Finance Director William Fox reported on the bond refinancing efforts. He advised that the
annual financial audit is ongoing and appears to be favorable. Fox reported on collection efforts
for delinquent customers.
Director of Health and Environmental Control Leonard Grossberg reported on his attendance to
the Directors’ Annual Conference in Orange County; discussions on various environmental
programs were held. Grossberg advised that there is nothing new to report on Exide
Technologies. He announced the Sustainability Open House on October 9, 2014.
Director of Human Resources Teresa McAllister reported that it was a successful Health and
Lifestyle exposition on September 18, 2014. McAllister advised that staff is preparing for the
Halloween event and upcoming open enrollment for health benefits. The request for proposals
process for a Workers Compensation Administrator is nearing conclusion.
Economic Development Manager/Successor Agency Staff Alex Kung reported on the Oversight
Board to the Successor Agency meeting held on Tuesday, September 30, 2014. The next
Oversight Board meeting will be held in December, the November meeting is canceled. Kung
reported that there has been some interest in the California Competes grant by Vernon
businesses; California Consulting will be assisting with the application process.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
reported on the successful grand opening of the Kevin De Leon Campo de Futbol, artificial turf
soccer field at Salt Lake Park on September 6, 2014. The next issue of the Vernon Quarterly is
forthcoming.
City Administrator Mark Whitworth reported on attendance to the Annual League of California
Cities Conference. He reported on his participated at the September 17, 2014, AQMD Exide
Advisory Committee Meeting.
Whitworth reported on the Vernon CommUNITY Fund Workshop held September 12, 2014, and
on the orientation meeting held September 16, 2014. The first official meeting is scheduled to be
held November 12, 2014. Councilmember Ybarra was appointed to serve on the Committee, the
Council will need to appoint another member.
Regular City Council Meeting Minutes
September 2, 2014
Page 8 of 8
Whitworth reported on the Vernon Housing Commission meeting held September 10, 2014.
After December 2014, only two housing units remain on the old lease terms and agreement.
These leases are scheduled to expire in 2015; after which, all City-owned housing units will be at
market rent.
Applications for the Business and Industry Commission were received. Interviews will be
conducted, a summary of which will be provided to the City Council for appointment
consideration.
Whitworth advised of the potential for a special election. Additionally, the recruitment process
for the City Clerk position will be commencing.
CLOSED SESSION
With no public comment on the closed session items, at 10:33 a.m., the City Council entered
closed session to discuss the agendized items.
28. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE.
Government Code Section 54957
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS.
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister and Paul
Coble
Employee Organization: Teamsters Local 911
30. CONFERENCE WITH REAL PROPERTY NEGOTIATORS.
Government Code Section 54956.8
Property: 3200 Fruitland Avenue, Vernon, California
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung, Economic
Development Manager
Negotiating Party: Pechiney Cast Plate, Inc.
Under Negotiation: Price and Terms of Payment
At 10:59 a.m., it was moved by Davis and seconded by Maisano to exit closed session. City
Attorney Hema Patel announced that there is no reportable action.
With no further business, at 10:59 a.m., Mayor McCormick adjourned the meeting in memory of
Honorable Michael A. Ybarra.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk