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2014-11-04 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 4, 2014, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano MEMBERS ABSENT: Martinez The meeting was called to order at 9:00 a.m. by Mayor McCormick; Mayor McCormick 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. No one responded. 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, 3-0. Claims Against the City – Received and Filed 1. None. Minutes – To be Received and Filed 2. Minutes of the Regular City Council Meeting held on October 21, 2014. Warrant Registers 3. Approval of City Warrant Register No. 1411, totaling $1,562,120.48, which covers the period of October 14, through October 27, 2014, and consists of the following: a. Ratification of wire transfers totaling $1,118,862.06; and b. Ratification of the issuance of early checks totaling $263,383.28; and c. Authorization to issue pending checks totaling $179,875.14. 4. Approval of Light & Power Warrant Register No. 376, totaling $5,672,646.61, which covers the period of October 14, through October 27, 2014, and consists of the following: a. Ratification of wire transfers totaling $5,555,711.09; and b. Ratification of the issuance of early checks totaling $64,977.41; and c. Authorization to issue pending checks totaling $51,958.11. 5. Approval of Gas Warrant Register No. 164, totaling $24,277.56, which covers the period of October 14, through October 27, 2014, and consists of the following: a. Ratification of issuance of early checks totaling $18,413.55; and b. Authorization to issue pending checks totaling $5,864.01. Regular City Council Meeting Minutes November 4, 2014 Page 2 of 5 Fire Department 6. Activity Report for the period of October 1, through October 15, 2014, to be received and filed. Police Department 7. Activity Log and Statistical Summary of Arrests and Activities for the period of October 1, through October 15, 2014, to be received and filed. NEW BUSINESS City Administration Department 8. Appointments to the Vacant Legislative and City Council Seats on the 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 Lawrence Cooper to fill the vacant Legislative seat on the Vernon CommUNITY Fund Grant Committee; and (3) Appoint a current City Council member to fill the vacant City Council seat on the Vernon CommUNITY Fund Grant Committee. Mayor McCormick recommended the appointment of Lawrence Cooper to fill the vacant Legislative seat and Mayor Pro-Tem Davis to fill the vacant City Council seat on the Vernon CommUNITY Fund Grant Committee. Independent Reform Monitor John Van de Kamp expressed the importance of Cooper being knowledgeable in terms of input on the City. He also wanted to make sure Cooper was committed to attending each meeting in person despite living in Sacramento. It was moved by Maisano and seconded by Davis to approve the appointments. Motion carried, 3-0. 9. Appointments to the Inaugural Vernon Business and Industry Commission: Recommendation: (1) Find that the appointment of individuals to serve on 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) Appoint seven individuals to serve on the Vernon Business and Industry Commission for terms commencing July 1, 2014. Pursuant to Section 2.174 of the Vernon Municipal Code, Appointment of Members, the seven-member Commission shall include: three individuals, each of whom represents the owner or operator of a business located in Vernon; two individuals, each of whom has knowledge of the Vernon real estate market; one individual who is employed by a business located in Vernon or who is a member of a labor union that represents the workers at a business located in Vernon; and one current member of the Vernon City Council; and (3) Designate three of the seven individuals to serve an initial term of two years, ending June 30, 2016. The remaining four individuals shall serve a standard four- year term, ending June 30, 2018. Pursuant to Section 2.175.1 of the Vernon Municipal Code, Creation of Staggered Terms, the three members of the Commission designated to serve an initial two-year term shall be one from each of the following categories: one individual who represents the owner or operator of a business located in Vernon; one individual who has knowledge of the Vernon Regular City Council Meeting Minutes November 4, 2014 Page 3 of 5 real estate market; and one current member of the Vernon City Council. The remaining four members designated to serve a standard four-year term shall fill in the remaining positions. Deputy City Administrator Kristen Enomoto conducted the oral report on the recommendation. The following table was utilized at the meeting to record the appointments and term designations made by the City Council at said meeting: Commission Member Name Appointment Category Term End Date Robert Wendoll Business Representative June 30, 2016 Eric Gustafson Business Representative June 30, 2018 Douglas Pittman Business Representative June 30, 2018 John McMillan Real Estate Representative June 30, 2016 Brett Dedeaux Real Estate Representative June 30, 2018 Stan Stosel Employee/Labor Representative June 30, 2018 W. Michael McCormick City Council Representative June 30, 2016 It was moved by Davis and seconded by Maisano to approve the appointments. Motion carried, 3-0. Gas and Electric Department 10. Approval of a Professional Services Agreement with Port Canaveral Power Consultants Inc. for Energy Projects Consultant Services: Recommendation: (1) Find that awarding the agreement 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; and (2) Approve the Professional Services Agreement with Port Canaveral Power Consultants, Inc. (“Port Canaveral”), in substantially the same form as attached to the staff report, for the purpose of securing Energy Projects Consultant Services. The proposed contract would include a grand total compensation amount “not-to- exceed” $780,000 over the three year term of the agreement. Director of Gas and Electric Carlos Fandino reported on the recommendation and requirements. It was moved by Davis and seconded by Maisano to approve the agreement with Port Canaveral Consultants Inc. Motion carried, 3-0. Human Resources Department 11. Resolution No. 2014-68 - A Resolution of the City Council of the City of Vernon Adopting the Citywide Fringe Benefits and Salary Resolution and Repealing All Resolutions in Conflict Therewith. Recommendation: (1) Find that approval of the resolution proposed 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) Adopt the attached Citywide Fringe Benefits and Salary Resolution effective November 4, 2014, to reflect provisions as outlined in the staff report. Director of Human Resources Teresa McAllister reported on the details and fringe benefits that will be affected and noted that the fiscal year impact will be $10,710 and is already included in the fiscal year 2014-2015 budget. Regular City Council Meeting Minutes November 4, 2014 Page 4 of 5 Independent Reform Monitor John Van de Kamp inquired if the changes will have a potential long term debt on payouts. Finance Director William Fox explained that with the recommended changes, the City will not make as many payouts and the City’s cash flow will be covered. It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-68. Motion carried, 3-0. ORDINANCES 12. ORDINANCE NO. 1226 - An Ordinance of the City Council of the City of Vernon amending Chapter 12 of the Vernon Municipal Code and repealing all ordinances or parts of ordinances in conflict therewith. (second 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 CEQA Guidelines sections [a] 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment. (2) Adopt the proposed Ordinance amending Chapter 12 of the Vernon Municipal Code regarding Waste Management and Recycling. Mayor McCormick announced proposed Ordinance No. 1226 by title. Director of Health and Environmental Control Leonard Grossberg noted no changes to the proposed ordinance since its introduction at the last City Council meeting and briefly reported on the ordinance and non-exclusive franchise agreement. It was moved by Davis and seconded by Maisano to adopt Ordinance No. 1226. A roll-call vote was taken: - Councilmember Maisano, yes - Mayor Pro Tem Davis, yes - Mayor McCormick, yes Motion to adopt Ordinance No. 1226 carried, 3-0. ORAL REPORTS 13. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 14. City Council Reports – brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on officers’ responses to recent incidents. Police Captain Gillman reported that there were no reports of vandalism. Fire Chief Michael Wilson announced the blood drive event for the Children’s Hospital of Los Angeles on November 13, 2014, updated the Council on the firefighter recruitment, and advised that there had been several false positive Ebola reports in Los Angeles County. Fire personnel are undergoing Ebola exercises to be able to handle the situation countywide. Director of Public Works, Water and Development Services Kevin Wilson provided an update on the Storm Drain Project and also updated Council on the South Coast Air Quality Management District “AQMD” hearing regarding the generator at City Hall which has been found to be too close in proximity to the elementary school. Director of Gas and Electric Carlos Fandino gave a PowerPoint presentation on the 66kV Grounding Project and informed Council that the Black Start Testing Project has been completed Regular City Council Meeting Minutes November 4, 2014 Page 5 of 5 and that there are now procedures in place. He also provided an updated on the $6.5 million penalty fine that may be imposed on the City, due to the City’s non-compliance with Bucket One renewable portfolio standards for the first compliance period. Finance Director William Fox thanked Human Resources Director, Teresa McAllister and the Council for the City’s recent Halloween festivities. He then reported to the Council that the annual audit has been completed and that the findings and statistics will be addressed at a future meeting. He also informed the Council on the bond refunding and request for proposals process. Director of Health and Environmental Control Leonard Grossberg advised that the City of Vernon website has informative documents and updates on the Ebola virus. Director of Human Resources Teresa McAllister thanked all department heads, employees and Council for participating in the Halloween event. She announced that open enrollment commenced on November 3, 2014, and that there were no changes to the plans. The tentative date for the City’s holiday event is December 18, 2014. Economic Development Manager/Successor Agency Staff Alex Kung advised that the November Oversight Board of the Successor agency meeting is cancelled; the next meeting is scheduled for December 4, 2014. He also gave a brief update on the recognized obligation payment schedule “ROPS”. City Administrator Mark Whitworth announced that the Vernon Quarterly publication is now available and that there has been positive feedback on the City’s legal group. He also updated the Council on the Jawbone trip scheduled for December 17, 2014, for City officials to learn more about the area in Kern County that is being developed. He also updated Council on the Exide meeting that was held on October 29, 2014, and the efforts Exide has made to meet Air Quality Management District standards. Independent Reform Monitor John Van de Kamp inquired how Vernon Gas & Electric plans to handle potential litigation if the $6.5 million fine is imposed. In response, Vernon Gas & Electric Director Carlos Fandino informed Van de Kamp and the Council that the bill is currently being monitored and that it is not directly impacting the City. He also informed him that City Attorney Hema Patel will be made aware of all future developments pertaining to this issue and that the City has support from both Southern California Public Power Authority “SCPPA” and the California Municipal Utilities Association “CMUA.” With no further business, at 10:06 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Ana Barcia Deputy City Clerk