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2014-11-18 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 18, 2014, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor McCormick; Mayor Pro-Tem Davis 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. PRESENTATIONS 1. Personnel Matters - Service Pin Awards October 2014 Anniversary Employee Name Job Title Years 1. Armando Hinojos Utilities Dispatcher 20 Director of Human Resources Teresa McAllister reported on the years of service. Mayor McCormick presented Hinojos with the service pin. 2. Merit award to Vernon Police Officer Jose Ramos for his efforts in crime scene investigations. Police Chief Daniel Calleros reported on the incident and on Officer Ramos efforts to solve the crime. Mayor McCormick presented Officer Ramos with a plaque in recognition of his efforts. 3. City of Vernon 1st Quarter 2014-2015 Financial Update by the Finance Director. Director of Finance William Fox conducted the presentation on the first quarter financial results for fiscal year 2014-2015 including the investments portfolio, PERS pension funding, and bond funding. In response to Independent Reform Monitor John Van de Kamp, Fox explained potential liability concerning PERS pension funding. 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. Claims Against the City – Received and Filed 4. None. Regular City Council Meeting Minutes November 18, 2014 Page 2 of 7 Warrant Registers 5. Approval of City Payroll Warrant Register No. 701, totaling $3,997,153.87, which covers the period of October 1, through October 31, 2014, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $2,925,299.41; and b. Checks and electronic fund transfers totaling $1,071,854.46. 6. Approval of City Warrant Register No. 1412, totaling $679,269.34, which covers the period of October 28, through November 11, 2014, and consists of the following: a. Ratification of wire transfers totaling $364,913.43; and b. Ratification of the issuance of early checks totaling $185,107.12; and c. Authorization to issue pending checks totaling $129,248.79. 7. Approval of Light & Power Warrant Register No. 377, totaling $3,155,256.53, which covers the period of October 28, through November 11, 2014, and consists of the following: a. Ratification of wire transfers totaling $3,109,793.81; and b. Ratification of the issuance of early checks totaling $286.18; and c. Authorization to issue pending checks totaling $45,176.54. 8. Approval of Gas Warrant Register No. 165, totaling $2,199,316.07, which covers the period of October 28, through November 11, 2014, and consists of the following: a. Ratification of wire transfers totaling $2,199,211.07; and b. Authorization to issue pending checks totaling $105.00. Fire Department 9. Activity Report for the period of October 16, through October 31, 2014, to be received and filed. Health and Environmental Control Department 10. October 2014 Monthly Report, to be received and filed. Police Department 11. Activity Log and Statistical Summary of Arrests and Activities for the period of October 16, through October 31, 2014, to be received and filed. Public Works, Water and Development Services Department 12. Building Department Report for the month of October 2014, to be received and filed. 13. Acceptance of Work of All American Asphalt regarding Contract No. CS-0487 – Labor and Equipment for Placement of Type II (REAS) Slurry Seal for the City Rubberized Slurry Seal Phase III Project. Recommendation: (1) Find that this project and acceptance of the project work as proposed is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to repair existing streets; and Regular City Council Meeting Minutes November 18, 2014 Page 3 of 7 (2) Accept the work of All American Asphalt, for the Labor and Equipment for Placement of Type II (REAS) Slurry Seal Project, Contract No. CS-0487. 14. Acceptance of Work of Petrochem Manufacturing, Inc. regarding Contract No. CS-0025 – Supply and Delivery of Slurry Material for the Citywide Rubberized Slurry Seal, Phase III Project. Recommendation: (1) Find that this project and acceptance of the project work as proposed is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to repair existing streets; and (2) Accept the work of Petrochem Manufacturing, Inc., for the Supply and Delivery of Slurry Material, in accordance with Contract No. CS-0025. 15. Acceptance of the Electrical Easement by Dedeaux Properties, LLC for property located at 3305 Bandini Boulevard. Recommendation: (1) Find that the acceptance of the proposed Electrical Easement is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Accept the Electrical Easement, and authorize the Mayor to execute said document. NEW BUSINESS City Administration Department 16. Report on Docket I Grants Awarded by Vernon CommUNITY Fund Grant Committee; to be received and filed pursuant to Section 2.167(e) of the Vernon Municipal Code. Deputy City Administrator Kristen Enomoto reported on the Vernon CommUNITY Fund Grant Committee (“VCF”) meeting, and the approval and award of grant funds for applicants on Docket I as recommended. Enomoto noted that the report is a “receive and file” item, and that future reporting will be captured in the Consent Calendar. In response to Independent Reform Monitor John Van de Kamp, City Administrator Mark Whitworth confirmed that sufficient funds have been allocated in the current budget for the awarding of grants. In further response to Van de Kamp’s inquiries on how the City is publicizing the awarding of the grants, Whitworth explained that the City has a mechanism in place to allow for branding opportunities. It was moved by Martinez and seconded by Davis to receive and file the report. Motion carried, 4-0. 17. Approval of Vernon CommUNITY Fund Grant Agreement Template. Recommendation: (1) Find that approval of the proposed Vernon CommUNITY Fund Grant Agreement template 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 proposed Vernon CommUNITY Fund Grant Agreement template to be used for all grants awarded by the Vernon CommUNITY Fund Grant Regular City Council Meeting Minutes November 18, 2014 Page 4 of 7 Committee and authorize the City Administrator, or his designee, to complete and/or modify the agreement consistent with the direction of the Grant Committee, and to execute each agreement. Deputy City Administrator Kristen Enomoto reported on the Vernon CommUNITY Fund Grant Agreement template. Enomoto noted that the agreement provides the City with the opportunity to specify branding on a case by case basis. Additionally, in response to Independent Reform Monitor John Van de Kamp’s concerns at the previous meeting concerning Committee Member Lawrence Cooper, Enomoto advised that a response from the Senator’s Office had been received addressing these concerns. 18. Agreement with Fred MacFarlane for Strategic Consulting Services and to Serve as Senior Advisor to the City Administrator. Recommendation: (1) Find that approval of the proposed agreement is exempt from 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 City Administrator to enter into a new consulting services agreement with Fred MacFarlane, in substantially the same form as submitted with the staff report, for a term of three years, December 1, 2014 through November 30, 2017, at a total not to exceed cost of $480,000 and not to exceed $160,000 per year, for strategic consulting services and to serve as Senior Advisor to the City Administrator. Competitive bidding is not required for this professional services contract pursuant to Section 2.17.12(A)(10) of the Vernon Municipal Code. It is requested that the City Council grant an exemption from the competitive selection process, pursuant to Section 2.17.12(B)(2) of the Vernon Municipal Code, based upon a determination that the best interests of the City are served by a direct award of the contract without a competitive selection process, for the reasons set forth in the staff report. City Administrator Mark Whitworth conducted the oral report on the recommendation. He noted that there is no change in fees from the previous agreement. It was moved by Maisano and seconded by Davis to approve the agreement with Fred MacFarlane for Strategic Consulting Services and to serve as Senior Advisor to the City Administrator. Motion carried, 4-0. 19. Approval of the 1st Amendment to the Purchase and Sales Agreement for property located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive (Thermador). Recommendation: (1) Find that approval of the proposed 1st amendment is exempt from 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 1st Amendment to the Purchase and Sales Agreement for the property located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive, in substantially the same form as submitted with the staff report. Economic Development Manager Alex Kung reported on the slight modification to the original Purchase and Sale Agreement. He also provided an update on the remediation efforts. It was moved by Davis and seconded by Martinez to approve the 1st Amendment to the Purchase and Sales Agreement for the property located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive (Thermador). Motion carried, 4-0. Regular City Council Meeting Minutes November 18, 2014 Page 5 of 7 City Clerk Department 20. Approval of items regarding the holding of a General Municipal Election on April 14, 2015: Resolution No. 2014-69 - A Resolution of the City Council of the City of Vernon, California, calling and giving notice of an all-mail ballot general municipal election to be held on Tuesday, April 14, 2015, for the election of a certain officer as required by the provisions of the charter of the City of Vernon. Resolution No. 2014-70 - A Resolution of the City Council of the City of Vernon, California, requesting the board of supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a general municipal election to be held on Tuesday, April 14, 2015. Recommendation: (1) Find that approval of the Resolutions 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, as the proposed is administrative in nature; and (2) Approve the Resolution calling and giving notice for a General Municipal Election to be held on Tuesday, April 14, 2015 for the Election of one (1) City Councilmember for the full term of five (5) years; and (3) Approve the Resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of the General Municipal Election to be held on Tuesday, April 14, 2015. Deputy City Clerk Ana Barcia provided the oral report on the two proposed resolutions. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2014-69 and Resolution No. 2014-70. Motion carried, 4-0. Fire Department 21. Resolution No. 2014-71 - A Resolution of the City Council of the City of Vernon approving the City’s participation in the 2013 State Homeland Security Grant Program by the Vernon Fire Department, approving and authorizing the execution of a subrecipient agreement by and between the City of Vernon and the County of Los Angeles and authorizing the execution of documents necessary to obtain said grant. 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 a resolution approving and authorizing the execution of an Agreement between the County of Los Angeles and the City of Vernon in connection with the Fiscal Year 2013 State Homeland Security Grant Program. The County of Los Angeles has approved and awarded 2013 State Homeland Security Grant Program funds in the amount of $220,438 to the City of Vernon Fire Department. Fire Chief Michael Wilson provided the oral report on the proposed participation in the grant program. It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-71. Motion carried, 4-0. / / / / / / Regular City Council Meeting Minutes November 18, 2014 Page 6 of 7 ORAL REPORTS 22. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 23. City Council Reports – brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on officers’ responses to recent incidents. He also reported on the Mobile Field Force Team and Fire personnel participation in a large active shooter exercise. Police Captain Gillman reported on vandalism. Fire Chief Michael Wilson reported on a successful blood drive event for the Children’s Hospital of Los Angeles on November 13, 2014. Wilson reported on Fire personnel training and responses to recent incidents. Director of Public Works, Water and Development Services Kevin Wilson provided an update on various capital improvement projects. He advised that a presentation on potential changes to the zoning ordinance would be presented at the next City Council meeting. Director of Gas and Electric Carlos Fandino reported on two car hit pole incidents. Finance Director William Fox reported full occupancy for City owned housing units, all of which are current on rent. A fraud financial hot line will soon be implemented. Fox also reported on bond refunding efforts and the City’s upcoming rating review. Director of Health and Environmental Control Leonard Grossberg noted the Thanksgiving tips on the Department’s monthly report. Grossberg reported on the Department of Toxic Substances Control’s recent notice on Exide Technologies. Director of Human Resources Teresa McAllister reported on recent activities in the Department. McAllister announced the closing of the open enrollment for employee health benefits on December 1, 2014. Economic Development Manager/Successor Agency Staff Alex Kung reported on the filming that is to occur in and around City Hall commencing November 21, 2014. Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane reported on the trip to Jawbone Canyon. City Administrator Mark Whitworth announced that the Vernon Business and Industry Commission will hold its first meeting on December 15, 2014, at 9:00 a.m. Whitworth also reported on the City’s presence at the Eddy Awards, and on the City’s recognition as a finalist for the Most Business Friendly City with a population under 65,000 award. Whitworth advised that on December 1, 2014, Hilda Solis will be sworn-in to the Los Angeles County Board of Supervisors; Vernon has a good working relationship with Solis. Whitworth announced that two Councilmembers will not be able to attend the December 2nd meeting. This meeting will be cancelled, staff will check availability for an alternate meeting date. At 10:25 a.m. Mayor McCormick declared a recess of the City Council meeting. At 10:35 a.m. the Council reconvened. / / / / / / / / / Regular City Council Meeting Minutes November 18, 2014 Page 7 of 7 CLOSED SESSION With no public comment on the closed session items, at 10:35 a.m., it was moved by Maisano and seconded by Davis to enter into closed session to discuss the agendized items. 24. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 25. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: City Administrator 26. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957 Title: Interim City Administrator At 10:49 a.m., it was moved by Martinez and seconded by Maisano to exit closed session. City Attorney Hema Patel announced that there is no reportable action. With no further business, at 10:49 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Ana Barcia Deputy City Clerk