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2015-02-17 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 17, 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 9:00 a.m. by Mayor McCormick, who also 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 public comment provided. PRESENTATIONS 1. Personnel Matters - Service Pin Awards. January 2015 Anniversary Employee Name Job Title Years 1. Jerry Winegar Police Lieutenant 25 2. Donald Vanover Police Officer 20 3. Belinda Arellano Police Dispatcher 15 4. Shirley Salas Business License Clerk 20 Director of Human Resources Teresa McAllister reported on Police Lieutenant Jerry Winegar’s years’ of service. Mr. Winegar was in attendance and was presented with a service pin by Mayor McCormick. Employees Arellano, Salas, and Vanover were recognized but were not in attendance. 2. Presentation by John Van de Kamp of his January 31, 2015, Independent Reform Monitor Report. Independent Reform Monitor John Van de Kamp reported on his January 31, 2015 report. At the conclusion, Van de Kamp asked the Council to state their priorities for the City for the next six (6) months, and/or whether there are any other issues that were missed in his report. Councilmember Maisano responded that the City needs to continue its course in bond refinancing efforts; balancing the budget; and being patient with how employee increases are handled, noting that economic stability could change. Maisano emphasized the importance of infrastructure funding and the importance of managing utility costs to customers. The City should continue on the same course. Mayor McCormick responded that the City’s budget and finances are a priority; he stated that the City needs to continue to attract and retain businesses in Vernon. Regular City Council Meeting Minutes February 17, 2015 Page 2 of 8 Mayor Pro-Tem Davis noted the importance of welcoming new residents, as Vernon’s population will double; and as renewable energy requirements are set to increase, determine how other utilities will mitigate the costs. He is in agreement with Van de Kamp on the need to advertise and attract new businesses to Vernon. Davis reported on the City’s past efforts to attract new businesses. Councilmember Martinez is in agreement with Council’s previous statements, and looks forward to the City continuing on the same path. Van de Kamp advised that the City has quality staff, and that the City is functioning more cohesively than in the past. The City should continue to work on and address its current issues. PUBLIC HEARINGS 3. Public Comment on the City’s intent to vacate a portion of Ayers Avenue south of Bandini Boulevard and adoption of a Negative Declaration. Resolution No. 2015-07 - A Resolution of the City Council of the City of Vernon vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act. Recommendation: (1) Adopt the resolution vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act, which Authorizes the sale of Ayers Avenue; and (2) Authorize the City Administrator to execute a quitclaim deed, on behalf of the City, remising, releasing and quitclaiming any interest and claim by the City of Vernon in the property. Director of Public Works, Water and Development Services Kevin Wilson reported and explained the proposed vacation. At 9:44 a.m., Mayor McCormick opened the public hearing for public comment. With no response, at 9:44 a.m. the public hearing was closed. It was moved by Davis and seconded by Maisano to approve Resolution No. 2015-07. Motion carried, 4-0. CONSENT CALENDAR It was moved by Maisano and seconded by Martinez 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 Minutes – To be Received and Filed 5. Minutes of the Regular City Council Meeting held February 3, 2015. Warrant Registers 6. Ratification of the following City Warrant Registers to record the following voided checks: a. City Warrant Register No. 1409 to record voided Check No. 345342 in the amount of $15.00; and b. City Warrant Register No. 1416 to record voided Check No. 346283 in the amount of $90.00; and Regular City Council Meeting Minutes February 17, 2015 Page 3 of 8 c. City Warrant Register No. 1416 to record voided Check No. 346272 in the amount of $997.53. 7. Ratification of Light and Power Warrant Register No. 378, to record voided Check No. 511117 in the amount of $150.75. 8. Approval of City Payroll Warrant Register No. 704, totaling $2,711,985.09, which covers the period of January 1, through January 31, 2015, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $1,961,783.17; and b. Checks and electronic fund transfers totaling $750,201.92. 9. Approval of City Warrant Register No. 1418, totaling $1,026,142.74, which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $476,053.30; and b. Ratification of the issuance of early checks totaling $384,694.32; and c. Authorization to issue pending checks totaling $165,395.12. 10. Approval of Light & Power Warrant Register No. 383, totaling $3,218,635.17, which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $3,207,481.72; and b. Ratification of the issuance of early checks totaling $11,031.45; and c. Authorization to issue pending checks totaling $122.00. 11. Approval of Gas Warrant Register No. 171, totaling $1,936,405.48, which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $1,901,370.93; and b. Ratification of the issuance of early checks totaling $4,820.99; and c. Authorization to issue pending checks totaling $30,213.56. City Administration Department 12. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Giovanni Chaidez for his service and support of his community. 13. Council Conference Attendance Report to the 2015 Independent Cities Association Winter Seminar. City Attorney Department 14. Request to Approve an Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP regarding Civil Litigation Legal Services. Recommendation: (1) Find that the approval of the amendment proposed in this 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 activities that may have an effect on the environment; and (2) Approve Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP, in substantially the same form as submitted with the staff report, for an additional one year period for an amount not-to-exceed $50,000.00, to provide civil litigation legal services on an as needed, on-call basis. Regular City Council Meeting Minutes February 17, 2015 Page 4 of 8 Fire Department 15. Activity Report for the period of January 1 through January 15, 2015, to be received and filed. Police Department 16. Activity Log and Statistical Summary of Arrests and Activities for the period of January 16, through January 31, 2015, to be received and filed. Public Works, Water and Development Services Department 17. Building Department Report for the month of January 2015, to be received and filed. 18. Acceptance of Work of Ramona Inc. Company regarding Contract No. CS-0421 – 55th Street Storm Drain Improvements Project. Recommendation: (1) Affirm that accepting the work of Ramona Inc. Company, for the 55th Street Storm Drain Improvements Project, Contract No. CS-0421, is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, part (d), because the project is merely to construct a new storm drain system that would result in no permanent effects on the environment; and (2) Accept the work of Ramona Inc. Company, as part of the 55th Street Storm Drain Improvements Project, Contract No. CS-0421. NEW BUSINESS Fire Department 19. Approval of a Notice Inviting Bids for a Fire Department Training Facility Contractor. Recommendation: (1) Find that approval of the proposed Notice Inviting Bids 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 the City is only taking an administrative action to approve the Notice Inviting Bids; and (2) Approve the Notice Inviting Bids for a Fire Department Training Facility Contractor, in substantially the same form as submitted with the staff report. Fire Chief Michael Wilson conducted the oral report. It was moved by Maisano and seconded by Martinez to approve the Notice Inviting Bids for a Fire Department Training Facility Contractor. Motion carried, 4-0. Human Resources Department 20. Resolution No. 2015-08 - A Resolution of the City Council of the City of Vernon authorizing the City to obtain state and federal summary criminal history information for employment, licensing or certification purposes. 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 Regular City Council Meeting Minutes February 17, 2015 Page 5 of 8 (2) Adopt the resolution authorizing the City of Vernon to obtain State and Federal Summary Criminal History information for employment, licensing, or certification purposes. Director of Human Resources Teresa McAllister reported on the proposed and advised that the policy will be presented at an upcoming Council meeting. It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-08. Motion carried, 4-0. Police Department 21. Approval of an Interagency Memorandum of Agreement for Mental Evaluation Unit Partnership between the Los Angeles County and the Cities in the Southeast Region. Recommendation: (1) Find that the approval of the proposed Interagency Memorandum of Agreement (“MOA”) 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) Approve the MOA with the Los Angeles Department of Mental Health, in substantially the same form as submitted with the staff report, and authorize the Mayor to execute the MOA on behalf of the City, for the purpose of forming a mental health evaluation unit in the Southeast region that will assist law enforcement agencies with providing mental health-related clinical services to members of the public during field situations. Police Chief Daniel Calleros provided the oral report on the proposed MOA. Independent Reform Monitor John Van de Kamp requested further explanation and examples on the proposed. In response, Calleros explained the services and resources that will be available and provided. Van de Kamp is in support of the program. In response to Mayor Pro-Tem Davis, Calleros advised that the Vernon Police Department will not need to increase its staff as a result of this program. It was moved by Davis and seconded by Martinez to approve the Interagency Memorandum of Agreement for Mental Evaluation Unit Partnership with Los Angeles County and Cities in the Southeast Region. Motion carried, 4-0. Public Works, Water and Development Services Department 22. Authorization to Accept Electrical Easement at 3480 26th Street. 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, in substantially the same form as attached to the staff report, and authorize the Mayor to execute said document. Director of Public Works, Water, and Development Services Kevin Wilson reported on the easement. In response to Mayor Pro-Tem Davis, Wilson advised that the easement is specific to the referenced building location. Regular City Council Meeting Minutes February 17, 2015 Page 6 of 8 It was moved by Maisano and seconded by Martinez to authorize and accept the Electrical Easement at 3480 26th Street. Motion carried, 4-0. OLD BUSINESS 23. City Council Determination in the Grievance Appeal Process Regarding the City of Vernon Firemen’s Association Grievance of Article, Three, Section 7 of the 2012-2014 MOU – Merit Step Advancement. Recommendation: (1) Find that the staff report outlining the background of and staff’s recommendation to deny a grievance filed by the City of Vernon Firemen’s Association (“VFA”) 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) Deny the grievance filed on behalf of the Vernon Firemen’s Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memorandum of Understanding between the VFA and the City. Mayor McCormick announced that this item had been deferred from the January 20, 2015, City Council meeting. Director of Human Resources Teresa McAllister confirmed that staff had no additional comments to report. Mayor McCormick inquired whether the Vernon Firemen’s Association (“VFA”) had any additional comments. There were no comments from VFA. It was moved by Davis and seconded by Maisano to approve staff’s recommendation and deny the grievance filed on behalf of the Vernon Firemen’s Association alleging breach of merit salary step provisions in applicable 2012-2014 Memorandum of Understanding. Motion carried, 4-0. ORAL REPORTS 24. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 25. City Council Reports – brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on two recent incidents in the City, including the recovery of a stolen vehicle due to the City’s Automatic License Plate Reader System. Police Captain Michael Gillman reported on vandalism incidents. Mayor McCormick reported on vandalism observed in the City. Fire Chief Michael Wilson provided an update on the recruitment process for the firefighter position. Wilson additionally reported on the Department’s upcoming EMS compliance audit, the auctioning of surplus items, upcoming CERTs training, upcoming blood drive and St. Baldrick’s event. Wilson reported on the department’s response to recent incidents. Director of Public Works, Water and Development Services Kevin Wilson announced and reported on a second public workshop concerning proposed zoning ordinance amendments held February 5, 2015. Staff intends to present the proposed amendments to the City Council at the March 17, 2015, meeting. Wilson also provided a report on a recent large water main rupture that occurred on 37th Street on February 10, 2015. In response to Mayor Pro-Tem Davis’ inquiries, Wilson provided information on the water loss, confirmed that there was no chemical contamination, and explained the department’s water flow control. In further response, Wilson advised that the cause is unknown. Regular City Council Meeting Minutes February 17, 2015 Page 7 of 8 Director of Gas and Electric Carlos Fandino reported on three power outages and noted that many are a result of the City’s aging infrastructure. Fandino also reported on the introduction of SB350 by President Pro-Tem of the California State Senate Kevin De Leon which proposes to increase renewable energy standards, he advised that he will provide updates to the Council as information becomes available. Finance Director William Fox provided an update on the bond refinancing, and reported on the City’s budget process for fiscal year 2015-2016. Director of Health and Environmental Control Leonard Grossberg reported on the posting of health alerts on the department’s webpage on the City’s website. Grossberg announced the Green Vernon Commission meeting scheduled to be held on March 18, 2015, at 3:30 p.m., and noted that the Commission will be discussing AQMD’s proposed Rule 415. Director of Human Resources Teresa McAllister announced that Human Resources Department (“HR”) has moved into their new HIPAA compliant offices. McAllister reported on HR staff’s attendance to various trainings. Economic Development Manager and Successor Agency Staff Alex Kung reported on the League of California Cities’ webinar regarding the Governor’s budget proposal that would impact former Redevelopment Agencies. Kung announced that the next Oversight Board to the Successor Agency meeting is scheduled to be held on April 2, 2015, at 4:00 p.m. Kung additionally reported that the Vernon Business and Industry Commission held its first meeting on February 12, 2015. The Commission set a quarterly regular meeting schedule on the second Thursday at 9:00 a.m. during the months of February, May, August, and November. City Administrator Mark Whitworth introduced new City Clerk Maria E. Ayala. City Clerk Maria E. Ayala announced that this day is Vernon’s Special Election. Ayala reported on the canvassing of the election. Whitworth reported on the importance of Independent Reform Monitor John Van de Kamp’s reports and thanked him for his efforts. Whitworth further reported on the Vernon Business and Industry Commission’s first meeting. Whitworth reported on attendance and discussions at the Independent Cities Association Winter Seminar. Whitworth also reported on the Vernon Chamber of Commerce’s working group regarding proposed AQMD Rule 415. Whitworth announced the Vernon CommUNITY Fund Grant Committee meeting on February 18, 2015, at 10:00 a.m. and that the lottery for the Vernon Village Park Apartment housing would be conducted on March 3, 2015 at 6:00 p.m. CLOSED SESSION At 10:31 a.m. the City Council entered into closed session to discuss the following agendized item. 26. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Daniel Onopa vs. City of Vernon Workers Compensation Appeals Board Claim No. 12002824 At 10:38 a.m., the City Council exited closed session. City Attorney Hema Patel announced that there is no reportable action. Regular City Council Meeting Minutes February 17, 2015 Page 8 of 8 With no further business, Mayor McCormick adjourned the meeting at 10:38 a.m. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk