2015-01-06 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JANUARY 6, 2015, 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 9:01 a.m. by Mayor McCormick; Fire Chief Michael Wilson
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.
Public comment concerning a matter that is noticed for a public meeting should wait until that
hearing is formally opened.
No one responded.
PUBLIC HEARINGS
1. Public comment on the establishment of Vernon’s revised new Existing
Transmission Contract Adjustment for high voltage (over 200 kV) transmission
entitlements (all locations outside the City) pursuant to Vernon’s Transmission
Owner Tariff.
Resolution No. 2015-01 - A Resolution of the City Council of the City of Vernon
adopting a revised 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. Approve, pursuant to the Transmission Owner Tariff, and to be effective on
January 1, 2015, the establishment of the City’s new revised Transmission
Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing
the revised new TRR, as described in the Gas & Electric TRR Report dated on
or about January 6, 2015; 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 revised
TRR Report, to the Federal Energy Regulatory Commission (FERC) on behalf
of the City of Vernon.
Director of Gas and Electric Carlos Fandino provided the oral report on the proposed
recommendation. Council had no questions of staff.
At 9:03 a.m., Mayor McCormick opened the hearing for public comment. With no comment
from the public, at 9:04 a.m. the hearing was closed.
Regular City Council Meeting Minutes
January 6, 2015
Page 2 of 6
It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-01. Motion
carried, 4-0.
CONSENT CALENDAR
It was moved by Martinez and seconded by Davis to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 4-0.
Claims Against the City – Received and Filed
2. None
Minutes – To be Received and Filed
3. Minutes of the Special City Council Meeting held December 9, 2014.
4. Minutes of the Regular City Council Meeting held December 16, 2014.
5. Minutes of the Adjourned Regular City Council Meeting held December 22, 2014.
Warrant Registers
6. Approval of City Warrant Register No. 1415, totaling $1,153,259.05, which covers
the period of December 9, through December 22, 2014 and consists of the
following:
a. Ratification of wire transfers totaling $602,959.68; and
b. Ratification of the issuance of early checks totaling $339,327.79; and
c. Authorization to issue pending checks totaling $210,971.58.
7. Approval of Light & Power Warrant Register No. 380, totaling $1,167,734.71,
which covers the period of December 9, through December 22, 2014 and consists of
the following:
a. Ratification of wire transfers totaling $1,092,283.82; and
b. Ratification of the issuance of early checks totaling $75,450.89.
8. Approval of Gas Warrant Register No. 168, totaling $10,575.88, which covers the
period of December 9, through December 22, 2014 and consists of the following:
a. Ratification of the issuance of early checks totaling $10,575.88.
Fire Department
9. Activity Report for the period of November 16, through November 30, 2014, to be
received and filed.
10. Activity Report for the period of December 1, through December 15, 2014, to be
received and filed.
Police Department
11. Activity Log and Statistical Summary of Arrests and Activities for the period of
December 1, through December 15, 2014, to be received and filed.
12. Authorize the Police Chief to execute an agreement with the Drug Enforcement
Administration (DEA), for continued participation in the Southwest Border
Initiative (SWBI) taskforce.
Regular City Council Meeting Minutes
January 6, 2015
Page 3 of 6
Recommendation:
(1) Find that the proposed agreement with the Drug Enforcement Administration for
continued participation in the Southwest Border Initiative (“SWBI”) taskforce 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.
(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 (SWBI)
taskforce.
NEW BUSINESS
City Administration Department
13. Appointment to the Vacant Real Estate Seat on the 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.
(2) Appoint one individual to fill the vacant Real Estate seat on the Vernon Business
and Industry Commission.
Deputy City Administrator Kristen Enomoto reported on the vacancy and potential candidates to
fill the vacant seat. Mayor McCormick recommended Ken Jackson to fill the vacant Real Estate
seat.
With no other recommendations, it was moved by Davis and seconded by Maisano to appoint
Ken Jackson to the Vernon Business and Industry Commission. Motion carried, 4-0.
City Clerk Department
14. Resolution No. 2015-02 - A Resolution of the City Council of the City of Vernon
ordering that measures to amend the City Charter amending chapters 3.3 and 3.7
Of Article III and chapter 7.4 of Article VII be submitted to the voters of the City
at the April 14, 2015, General Municipal Election.
Recommendation:
(1) Find that approval of the 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, as
the proposed is administrative in nature; and
(2) Approve the resolution providing ballot measures to the voters of the City as part
of the general municipal election to be held on April 14, 2015.
Deputy City Clerk Ana Barcia provided the oral report on the proposed. Barcia noted that
pursuant to California Election Code, the anticipated measure establishing additional
compensation for the Mayor as referenced in Resolution No. 2014-74, will need to be addressed
at a statewide general election.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-02. Motion
carried, 4-0.
Public Works, Water and Development Services Department
15. Proposed Street Vacation for a Portion of Ayers Avenue South of Bandini
Boulevard.
Regular City Council Meeting Minutes
January 6, 2015
Page 4 of 6
Recommendation:
(1) Find that the proposed street vacation is not subject to the provisions of the
California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines
Section 15061(b)(3), where there is no possibility that this activity may have a
significant effect on the environment, and where the proposed street vacation is
categorically exempt from review pursuant to CEQA Guidelines Section 15305,
Minor Alterations in Land Use Limitations; and
(2) Find that the proposed street vacation of a portion of Ayers Avenue is in
conformity with the General Plan and authorize the Public Works, Water &
Development Services Department to proceed with vacation procedures in
accordance with Division 9 of the Streets and Highways Code, otherwise known
as the Public Streets, Highway and Service Easements Vacation Law for a portion
of Ayers Avenue and set a hearing for such matter on February 3, 2015.
Director of Public Works, Water and Development Services Kevin Wilson presented on the
recommendation. In response to Mayor Pro-Tem Davis, Wilson reported on the portion’s
dimensions.
It was moved by Maisano and seconded by Martinez to authorize the vacation of a portion of
Ayers Avenue. Motion carried, 4-0.
16. Approval of a Notice Inviting Bids per Contract CS-0525 for the Purchase of Well
Pump Equipment for Production Well No. 19.
Recommendation:
(1) Find that approval of the proposed Notice Inviting Bids is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section
15301 (b), involving existing projects with negligible or no expansion of use
beyond that existing at the lead agency’s determination; and
(2) Approve the Notice Inviting Bids, per Contract CS-0525 for the Purchase of Well
Pump Equipment for Production Well No. 19.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
needed repairs and request to bid the purchase of the equipment.
It was moved by Davis and seconded by Maisano to approve the notice inviting bids per Contract
CS-0525. Motion carried, 4-0.
17. Amendment No. 1 to the existing Labor and Materials Contract between the City
of Vernon and Haul-Away Rubbish Services Company, Inc., for Refuse Collection,
Recycling, and Disposal Services, Contract No. CS-0448.
Recommendation:
(1) Find that the approval of Amendment No. 1 proposed in this staff report, 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 that may have an effect on the environment and (b) Guidelines
Section 15301, because the proposed Amendment No. 1 involves the maintenance
of existing facilities with no expansion of the existing use; and
(2) Approve Amendment No. 1 to the existing Labor and Materials Contract between
the City of Vernon and Haul-Away Rubbish Service Company, Inc., for Refuse
Collection, Recycling and Disposal Services, Contract No. CS-0448 to increase
the total compensation an additional $732.00 per each fiscal year in order to add
two trash carts at 4990 Seville Avenue, in Vernon: one (1) three (3) yard bin,
regular trash, to be disposed of one (1) time per week and one (1) three (3) yard
bin, recycle, to be disposed of one (1) time per week.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
proposed amendment to the service agreement.
Regular City Council Meeting Minutes
January 6, 2015
Page 5 of 6
It was moved by Martinez and seconded by Davis to approve Amendment No. 1 to the Haul-
Away Rubbish Services Company, Inc. refuse collection, recycling, and disposal services
agreement, Contract No. CS-0448. Motion carried, 4-0.
OLD BUSINESS
Human Resources Department
18. Ratification of the At-Will Employment Agreement by and between the City of
Vernon and Mark C. Whitworth.
Recommendation:
(1) Find that ratification of the resolution approving a new At-Will Employment
Agreement with Mark Whitworth 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) Ratify the approval of the At-Will Employment Agreement by and between the
City of Vernon and Mark C. Whitworth, effective January 1, 2015, to continue
serving as the City Administrator (Resolution No. 2014-75)
City Administrator Mark Whitworth recused himself from the meeting and exited the Council
Chamber.
Director of Human Resources Teresa McAllister reported on the item.
It was moved by Maisano and seconded by Davis to ratify the approval of Resolution No. 2014-
75. Motion carried, 4-0.
Whitworth reentered the meeting and Council Chamber.
ORAL REPORTS
19. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
20. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on recent incidents in the City and the result of a DUI
checkpoint on New Year’s Eve.
Police Captain Michael Gillman reported on a reckless driving incident that resulted in damage
to public property. Mayor McCormick reported vandalism observed in the City.
Fire Chief Michael Wilson reported on the Fire Department’s activity including equipment
testing and inspections. He reported on the Spark of Love’s, toy drive, success. Wilson
announced upcoming inspections and staff training.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on various capital improvement projects.
Director of Gas and Electric Carlos Fandino reported on two power pole incidents. Fandino
noted the Governor’s intent to increase renewable portfolio standards (“RPS”) in upcoming
years. An update on the RPS enforcement penalties was provided. Fandino advised on an
upcoming change to the bio-methane supplier contract; no loss in delivery or change in budget is
anticipated.
Finance Director William Fox provided an update on the city’s bond refunding process. He
advised that information will be shared once further refinement is done.
Regular City Council Meeting Minutes
January 6, 2015
Page 6 of 6
Director of Human Resources Teresa McAllister reported on upcoming employee, professional,
development training. She noted that the employee holiday event was well received.
Senior Advisor to the City Administrator Fred MacFarlane reported on the recent issue of the
Vernon Quarterly.
City Administrator Mark Whitworth announced that the final interviews for the City Clerk
position are scheduled for Thursday, January 8, 2015. Whitworth provided an update on the
Vernon CommUNITY Fund grant recipients.
Mayor McCormick advised that he will be attending a meeting with Mayor Garcetti of Los
Angeles along with other Mayors.
CLOSED SESSION
With no public comment on the closed session items, at 9:42 a.m., it was moved by Davis and
seconded by Martinez to enter into closed session to discuss the agendized item.
21. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
At 9:47 a.m., it was moved by Davis and seconded by Martinez to exit closed session. City
Attorney Hema Patel reported that the City Council affirmed the arbitrator’s written decision.
At 9:47 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk