2015-03-03 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, MARCH 3, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez, and Ybarra
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick. Mayor McCormick
introduced Noe Saucedo, a high school sophomore from Bishop Mora Salesian High School,
who 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.
ELECTION MATTERS
1. Resolution No. 2015-09 – A Resolution of the City Council of the City of Vernon,
California, reciting the fact of the Special Municipal Election held on February 17,
2015, declaring the results and such other matters as provided by law.
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 this is merely an administrative item; and
(2) Adopt the attached resolution declaring the results of the Special Municipal
Election held February 17, 2015, declaring that Melissa Ybarra is elected to the
office of member of the City Council; and
(3) Authorize the City Clerk to deliver the Certificate of Election and administer the
Oath of Office to Melissa Ybarra.
City Clerk Maria Ayala briefly reported on the February 17, 2015, Special Municipal Election.
It was moved by Maisano and seconded by Davis to Approve Resolution No. 2015-09. Motion
carried, 4-0.
2. Oath (Affirmation) of Office.
City Clerk Maria Ayala presented the Certificate of Election to Councilmember Ybarra and
administered her Oath of Office.
Councilmember Ybarra took a moment to say a few words in accepting her newly elected
position and thanking those that supported her, and looking forward to working with the City and
the business community to keep Vernon growing stronger and transparent.
PRESENTATIONS
3. Presentation by the Police Chief on Part 1 Crime and Arrest Statistics for the
period of 2010-2014.
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March 3, 2015
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Police Chief Daniel Calleros provided a brief PowerPoint presentation on the overall crime in the
area for the provided time period. Indicating that the crime level in the City has been maintained
in comparison to neighboring areas.
Mayor Pro-Tem Davis asked if there were plans to improve police response time. Chief Calleros
responded that the department is in the process of hiring additional officers.
Independent Reform Monitor John Van de Kamp inquired from the Chief as to the impact on the
City by Proposition 47. Chief Calleros responded that although there has been a very small spike
in repeat offenders, it is not significant.
CONSENT CALENDAR
It was moved by Davis and seconded by Martinez to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 5-0.
Claims Against the City – Received and Filed
4. None
Warrant Registers
5. Approval of City Warrant Register No. 1419, totaling $1,656,237.00, which covers
the period of February 10, through February 23, 2015, and consists of the
following:
a. Ratification of wire transfers totaling $1,368,751.46; and
b. Ratification of the issuance of early checks totaling $84,204.07; and
c. Authorization to issue pending checks totaling $203,281.47.
6. Approval of Light & Power Warrant Register No. 384, totaling $4,780,070.16,
which covers the period of February 10, through February 23, 2015, and consists
of the following:
a. Ratification of wire transfers totaling $4,653,874.79; and
b. Ratification of the issuance of early checks totaling $26,983.60; and
c. Authorization to issue pending checks totaling $99,211.77.
7. Approval of Gas Warrant Register No. 172, totaling $16,848.66, which covers the
period of February 10, through February 23, 2015, and consists of the following:
a. Ratification of the issuance of early checks totaling $5,505.99; and
b. Authorization to issue pending checks totaling $11,342.67.
City Administration Department
8. Authorization to enter into a lease agreement, for approximately four months, for
a section of the city yard located at 2221 55th Street, Vernon, with NRC
Environmental Services Inc.
Recommendation:
(1) It is recommended that the City Council find that approval of the proposed
parking lot lease agreement between the City of Vernon and NRC Environmental
Services Inc. (NRC), 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) It is recommended that the City Council authorize the City Administrator to enter
into a lot lease agreement, for approximately four months, located at 2221 55th
Street, Vernon, to NRC at the determined market rate rent. The lease shall
automatically, without further action by either party, become a month to month
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March 3, 2015
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lease that may be terminated by either party upon thirty (30) days’ prior written
notice to the other, with or without cause, and without penalty or termination fee.
Fire Department
9. Activity Report for the period of January 16 through January 31, 2015, to be
received and filed.
10. Activity Report for the period of February 1 through February 15, 2015, to be
received and filed.
Health and Environmental Control Department
11. January 2015 Monthly Report, to be received and filed.
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of
February 1 through February 15, 2015, to be received and filed.
NEW BUSINESS
City Administration Department
13. Acceptance of Mayor McCormick’s resignation from the Vernon Housing
Commission and reassignment of Council Member Elect, Melissa Ybarra, to the
Vernon Housing Commission Resident (City Councilmember) Seat for the term
ending August 10, 2017.
Recommendation:
(1) Find that the recommended actions are 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) Accept Mayor McCormick’s resignation from the Resident (City Council
member) seat on the Vernon Housing Commission, effective March 3, 2015; and
(3) Reassign Council Member Elect Melissa Ybarra to the Resident (City Council
member) seat on the Vernon Housing Commission, effective March 3, 2015,
thereby creating a vacant Resident (non-City Councilmember) seat.
Mayor McCormick announced his resignation from the Vernon Housing Commission, with his
resignation Councilmember Ybarra, currently seated on the Commission, will transition into the
Resident (Councilmember) seat. A new member will be appointed to fill the vacancy at a future
meeting.
Deputy City Administrator Kristen Enomoto reported that the City still has applications on file
from those interested in serving on the Commission.
It was moved by Davis and seconded by Martinez to accept Mayor McCormick’s resignation
from the Vernon Housing Commission and reassign Council member Ybarra to the Resident
(City Council member) seat. Motion carried, 5-0.
City Attorney Department
14. Resolution No. 2015-10 – A Resolution of the City Council of the City of Vernon
approving the notice inviting bids, bid form and project specifications, instructions
to bidders and specifications and contract.
Recommendation:
(1) Find that approval of the forms of documents is exempt under the California
Environmental Quality Act (“CEQA”), in accordance with Section 15061(b)(3),
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the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Adopt the resolution approving the general form of bid specifications and
competitive bidding documents under the Competitive Bidding and Purchasing
Ordinance.
City Attorney Hema Patel introduced the item. These forms are in adherence to the purchasing
ordinance that was passed by Council in the past.
Independent Reform Monitor John Van de Kamp inquired from Ms. Patel on how these forms
were developed. Ms. Patel responded that her office worked with various departments
throughout the City, with the Public Works Department taking a lead on the preference of the
formatting of the documents and the Legal Department reviewing for legal compliance and
comparison to other cities’ similar documents.
It was moved by Maisano and seconded by Martinez to approve Resolution No. 2015-10.
Motion carried, 5-0.
Fire Department
15. Resolution No. 2015-11 – A Resolution of the City Council of the City of Vernon
approving and authorizing the City’s participation in the 2014 Urban Areas
Security Initiative Grant Program, approving and authorizing the execution of an
agreement by and between the City of Vernon and the City of Los Angeles, and
authorizing the execution of documents necessary to obtain the grant.
Recommendation:
(1) Find that approval of the proposed 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
(2) Adopt the resolution approving and authorizing the City’s participation in the
2014 Urban Areas Security Initiative Grant Program, approving and authorizing
the execution of an agreement by and between the City of Vernon and the City of
Los Angeles, and authorizing the execution of documents necessary to obtain the
grant. The City of Los Angeles has approved and awarded 2014 UASI grant
funds in the amount of $898,507.00 to the City of Vernon’s Fire and Police
Departments.
Battalion Chief Dave Kimes introduced the item.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-11. Motion
carried, 5-0.
Gas and Electric Department
16. Element Markets Renewable Energy, LLC Amendment, Security Agreements, and
Waiver of the Replacement Energy Supplier’s signature to the Security
Agreement.
Recommendation:
(1) Find that approval of the proposed services agreement is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section
15301(b), the general rule that CEQA only applies to projects that may have an
effect on the environment; and
(2) Authorize the Director of Gas and Electric to execute the following in
substantially the same form as attached to the staff report:
a. The March 3, 2015, Letter Agreement submitted by Element Markets
Renewable Energy, LLC (“Element”); and
b. The attached Amendment No. 1 to the Amended and Restated Biomethane
Transaction Confirmations; and
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March 3, 2015
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c. The Security Agreements.
Director of Gas and Electric Carlos Fandino provided the oral report on the proposed
recommendation.
It was moved by Maisano and seconded by Martinez to authorize the Director of Gas and
Electric to execute the actions Re. Element Markets Renewable Energy, LLC Amendment,
Security Agreements, and Waiver of the Replacement Energy Supplier’s signature to the
Security Agreement. Motion carried, 5-0.
17. Approve the Issuance of a Notice Inviting Bids for the Procurement and
Installation of Allison Turbine Control System Upgrade.
Recommendation:
(1) Find that approval of the proposed issuance of a Notice Inviting Bid is 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, because the system
upgrade referenced in the staff report merely augments the existing control system
and improves efficiency and reliability of energy produced in Vernon; and
(2) Approve the issuance of a Notice Inviting Bids entitled “Turnkey Design,
Equipment, Fabrication, Testing, Operational and Ready-in-Service Control
System Upgrade for Two Existing Aero-Derivative Gas Turbines Used for Power
Generation” in substantially the same form as attached to the staff report. Staff
estimates that the total purchase price will be between $400,000 and $500,000, as
the exact price will not be determined until the bids have been received and
reviewed.
Director of Gas and Electric Carlos Fandino provided the oral report and explained the process
involved, and responded to questions from Council.
It was moved by Davis and seconded by Maisano to approve the issuance of Notice Inviting Bids
for the procurement and installation of Allison Turbine control System Upgrade. Motion carried,
5-0.
18. Approval of a Services Agreement with Power Engineers, Inc. (PEI) for the
Grounding Study for Eight Distribution Stations, Switching Stations and
Customer Substations.
Recommendation:
(1) Find that approval of the proposed services agreement is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section
15302(C), because the proposed contract consists of the replacement or
reconstruction of existing utility systems and/or facilities involving negligible or
no expansion of capacity; and
(2) Approve the services agreement, in substantially the same form as submitted with
the staff report, with Power Engineers, Inc. (PEI) for the Substation Grounding
Study for eight electric distribution substations for an amount not-to-exceed
$142,251 and authorize the City Administrator to execute the services agreement
on behalf of the City.
Director of Gas and Electric Carlos Fandino explained the process involved and responded to
questions by Council regarding the upgrades on the grounding.
It was moved by Davis and seconded by Martinez to approve the service agreement with Power
Engineers, Inc. Motion carried, 5-0.
Public Works, Water and Development Services Department
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March 3, 2015
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19. Approval of a Program Supplement No. M002 Rev. 2 to Administering Agency-
State Agreement with Caltrans for Federal-Aid Project No. 07-5139, the Atlantic
Blvd. Bridge Rehabilitation and Widening Project.
Recommendation:
(1) Find that the work associated with the proposed agreement is within the Initial
Study/Mitigated Negative Declaration prepared for this project pursuant to the
provisions under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15063; and
(2) Approve the Program Supplement No. M002 Rev. 2 to Administering Agency-
State Agreement (the “Agreement”) for Federal-Aid Project No. 07-5139, the
Atlantic Blvd. Bridge Rehabilitation and Widening Project (the "Project"),
Federal Project No. DBPL02-5139(010),with Caltrans, in substantially the same
form as submitted with the staff report, to provide $1,163,018.61 in federal funds
for the engineering design, right way acquisition support and coordination
services as described below, and authorize the Mayor and City Clerk to execute
the agreement on behalf of the City.
Director of Public Works, Water and Development Services Kevin Wilson presented on the
recommendation. Mr. Wilson responded to questions from the Council regarding the actual
widening; and to questions from John Van de Kamp on the impact the bridge would have on
traffic.
It was moved by Davis and seconded by Maisano to approve the Program Supplement No. M002
Rev. 2 to Administering Agency-State Agreement with Caltrans for Federal-Aid Project No. 07-
5139. Motion carried, 5-0.
20. Approval to Advertise a Notice Inviting Bids for Citywide Traffic Signal
Maintenance Contract No. CS-0541.
Recommendation:
(1) Find the approval of the notice inviting bids is categorically exempt under the
California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, Existing Facilities Class 1, maintenance, because this
project only consists of maintenance and repair of the City’s traffic signals; and
(2) Approve and authorize the advertisement of a Notice Inviting Bids for Citywide
Traffic Signal Maintenance, Contract No. CS-0541, in substantially the same
form as submitted with the staff report.
Director of Public Works, Water and Development Services Kevin Wilson presented on the
recommendation.
It was moved by Maisano and seconded by Martinez to authorize advertisement of a Notice of
Inviting Bids for Contract No. CS-0541. Motion carried, 5-0.
ORAL REPORTS
21. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on recent incidents in the City including: a grand theft
investigation; and an update on a recent fatal traffic collision. Chief Calleros also introduced
newly hired Police Dispatcher, Jessica Davis.
Police Captain Michael Gillman had no current reports on graffiti or vandalism.
Battalion Chief Dave Kimes reported on a recent fire in a furniture manufacturer; and, the fire
department is currently undergoing “Green Cell Training”.
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Director of Public Works, Water and Development Services Kevin Wilson provided an update
on the following: City Hall remodeling project; construction and demolition throughout the
City; and an update on the Meta Housing Project.
Director of Gas and Electric Carlos Fandino provided updates and/or reports on: traveling to
Washington DC to meet with Senator Boxer and Congresswoman Roybal-Allard to discuss
various legislative issues; recent outages in the City; on Senator DeLeon’s SB350; enforcement
on non-compliance for RPS; participation in the first CARB auction for compliance period; item
being brought forward to the next Council meeting that will have an impact on the City’s gas
customers.
Finance Director William Fox provided updates on the following: budget planning process for
next fiscal year; and the City’s bonding project.
Director of Health and Environmental Control Department Leonard Grossberg reported on
collecting documents and insurance information for the next e-waste event to bring to the next
City Council meeting for consideration.
Director of Human Resources Teresa McAllister reported on the following: professional
development and succession training a supervisor and manager training will be provided; general
update on the recent joint labor management meeting with the Teamsters; upcoming employee
informational meeting on March 11; HR staff attended the recent Labor Relations Council
Update session.
Economic Development Manager and Successor Agency Staff Alex Kung, provided an update
on the Governor’s trailer bill to the state budget impacting that could impact the redevelopment
agency. Mr. Kung also reported that the City received a WARN Act from V&L Produce, as this
company will be closing and having significant layoffs.
Senior Advisor to the City Administrator Fred MacFarlane provided an update on the Vernon
CommUNITY Fund Grant (ceremonial) check presentations scheduled for March 13; and
reported on a tentative event being planned to welcome residents into the new housing project,
with more information to come on this event.
City Administrator Mark Whitworth reported that six new grants (Docket II) were awarded at the
February 18 Vernon CommUNITY Fund Grant Committee Meeting. Mr. Whitworth also
provided a brief update on: potential agenda items for the upcoming Vernon Housing
Commission meeting; Vernon Chamber of Commerce event on March 5 at 7:30 a.m.,
Networking Breakfast; Police Officer and Firefighter of the Year Awards will be conducted at
Steven’s Steakhouse on March 5 at 11:30 a.m.; update on recent AQMD Meetings; received a
note from Congresswoman Roybal-Allard on her new appointment to the Homeland Security
Commission for the United States; and announced that the Meta Housing Project lottery will be
conducted at 6 p.m. tonight.
City Administrator and Department Heads congratulated new Councilmember Ybarra.
22. City Council Reports – brief report on activities, announcements, or directives to staff.
Mayor Pro-Tem Davis, Councilmember Martinez, and Councilmember Maisano each
congratulated Councilmember Ybarra on her new appointment.
CLOSED SESSION
At 10:27 a.m. the City Council entered into closed session to discuss the following agendized
items.
23. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (2)
Government Code § 54957(b)(1)
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March 3, 2015
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Titles: City Attorney and Deputy City Attorney
24. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (6)
Government Code Section 54956.9(d)(1)
(a) Jurupa Avenue Limited Partnership v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516913
(b) Mirage Bottling Group, Inc. (U.S. Bankruptcy Court, Central District of
California Case Nos. 2:12-bk-35770-ER; 2:14-ap-01806-ER.
(c) In the Matter of the Calculation of Final Compensation of Bruce Malkenhorst, Sr.
CalPERS Case No. 2012-0671
(d) Bruce Malkenhorst, Sr. v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516321
Court of Appeal of California Case No. B258793
(e) Bruce Malkenhorst, Sr. v. State of California, et al.
United States District Court Case No. SACV14-00269
(f) Los Angeles Unified School District v. County of Los Angeles, et al.
Los Angeles Superior Court Case No. BS 108180
At 10:54 a.m. the City Council exited closed session. City Attorney Hema Patel announced that
there is no reportable action.
With no further business, at 10:54 a.m. Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk