2015-03-17 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, MARCH 17, 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 a.m. by Mayor McCormick who also led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that the Closed Session item would be deferred to the next City
Council meeting.
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.
February 2015 Anniversary
Employee Name Job Title Years
Darren Simpkins Firefighter 25
Barry Schoolmeester Firefighter 25
Michael Rogers Fire Engineer 25
Steven Coster Fire Engineer 25
Donald Quiroz Electric Operations Supervisor 25
Director of Human Resources Teresa McAllister reported on the years of service. Mayor
McCormick presented the service pin to employees: Simpkins and Quiroz. The Council
recognized the following employees, who were not in attendance, for their years of service:
Coster, Rogers, and Schoolmeester.
2. Lifesaving Recognition Award Presentation.
Fire Chief Wilson presented the Award to honor the crew from Station 2 for a lifesaving event
that took place on July 14. The following were present to receive the award: James Espalin
(Firefighter); Tom Egan (Paramedic-Firefighter); Jeff James (Engineer); and Captain Dan
Kimes. Those also honored but not present were: Manny Vazquez (Paramedic-Firefighter); Greg
Bringhurst (Engineer); and Captain Michael Langer.
3. A Proclamation of the City Council of the City of Vernon Declaring the Month of
March 2015 as “American Red Cross Awareness Month”.
Mayor McCormick announced the proclamation.
4. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring
the Week of March 23-27, 2015, as “Multiple Sclerosis Awareness Week”.
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Mayor McCormick announced the proclamation. Police Chief Calleros gave a brief report on the
efforts of the Multiple Sclerosis Society in addressing this illness. Ms. Sandra Orozco,
community member, was present to accept the proclamation. Ms. Orozco briefly commented
about the issues faced with Multiple Sclerosis and distributed information on multiple sclerosis
to the Council.
5. Children’s Hospital Los Angeles and the St. Baldrick’s Foundation Event
Presentation.
Firefighter Matt Holtzendorff briefly reported on the fundraiser and blood drive scheduled to
take place on March 24.
PUBLIC HEARINGS
6. Public Comment on the establishment of Natural Gas Surcharge to Fund
Participation in the California Air Resources Board (“CARB”) Cap-and-Trade
Allowance Program, for Gas distributed and supplied by the City within its
boundaries.
Director of Gas and Electric Fandino provided a brief report on the proposed Natural Gas
Surcharge.
At approximately 9:20 a.m. Mayor McCormick opened a public hearing on the matter. No
public comment was provided. The public hearing was closed at 9:21 a.m.
Resolution No. 2015-12 - A Resolution of the City Council of the City of Vernon to
approve, establish and implement a natural gas surcharge to fund participation in
the California Air Resources Board (“CARB”) cap-and-trade allowance program,
for gas distributed and supplied by the City within its boundaries.
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; and
(2) Adopt a resolution approving, establishing and implementing a new natural gas
rate schedule, “G-CARB,” that will collect funds needed to cover the cost of
greenhouse gas emission allowances associated with the “cap-and-trade” program
created by the California Air Resources Board (“CARB”); and
(3) Find that the cost adjustment tariff as attached to the resolution be approved with
an effective date of April 1, 2015.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-12. Motion
carried, 5-0.
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
7. None
Minutes – To be Received and Filed
8. Minutes of the Regular City Council Meeting held February 17, 2015.
9. Minutes of the Regular City Council Meeting held March 3, 2015.
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March 17, 2015
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Warrant Registers
10. Approval of City Payroll Warrant Register No. 705, totaling $3,071,344.36, which
covers the period of February 1, through February 28, 2015, and consists of the
following:
a. Ratification of direct deposits, checks and taxes totaling $2,299,163.73; and
b. Checks and electronic fund transfers totaling $772,180.63.
11. Approval of City Warrant Register No. 1420, totaling $1,336,446.81, which covers
the period of February 24, through March 9, 2015, and consists of the following:
a. Ratification of wire transfers totaling $669,036.22; and
b. Ratification of the issuance of early checks totaling $476,460.82; and
c. Authorization to issue pending checks totaling $190,949.77.
12. Approval of Light & Power Warrant Register No. 385, totaling $3,572,384.50,
which covers the period of February 24, through March 9, 2015, and consists of
the following:
a. Ratification of wire transfers totaling $3,425,630.67; and
b. Ratification of the issuance of early checks totaling $76,308.01; and
c. Authorization to issue pending checks totaling $70,445.82.
13. Approval of Gas Warrant Register No. 173, totaling $1,694,876.58, which covers
the period of February 24, through March 9, 2015, and consists of the following:
a. Ratification of wire transfers totaling $1,679,167.74; and
b. Ratification of the issuance of early checks totaling $15,218.44; and
c. Authorization to issue pending checks totaling $490.40.
City Administration Department
14. Resolution No. 2015-13 - A Resolution of the City Council of the City of Vernon
expressing the City’s firm support of the Los Angeles Air Force Base and the
Space and Missile Systems Center and stating that any relocation attempt of the
space and missile systems center would be detrimental to national defense and the
mission of the Los Angeles Air Force Base.
Recommendation:
(1) Find the adoption 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;
and
(2) Adopt Resolution No. 2015-13 a resolution expressing the City’s firm support of
the Los Angeles Air Force Base and the Space and Missile Systems Center and
stating that any relocation attempt of the Space and Missile Systems Center would
be detrimental to national defense and the mission of the Los Angeles Air Force
Base.
15. City Administrator Determination of Consultants Required to File Annual
Statement of Economic Interests (Form 700) for Calendar Year 2014.
Recommendation:
(1) City Council and City Clerk receive and file the “City Administrator
Determination of Consultants Required to File Statements of Economic Interests
(Form 700) Under the Vernon Conflict of Interest Code for Calendar Year 2014”,
consistent with the requirements of the California Political Reform Act and the
Conflict of Interest Codes for the City of Vernon and all City of Vernon agencies,
boards, and commissions.
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16. Report on Docket II Grants Awarded by Vernon CommUNITY Fund Grant
Committee; to be received and filed pursuant to Section 2.167(e) of the Vernon
Municipal Code.
Recommendation:
(1) Receive and file the report as it is provided for informational purposes only,
pursuant to Section 2.167(e) of the Vernon Municipal Code.
Fire Department
17. Activity Report for the period of February 16 through February 28, 2015, to be
received and filed.
Health and Environmental Control Department
18. February 2015 Monthly Report, to be received and filed.
Police Department
19. Activity Log and Statistical Summary of Arrests and Activities for the period of
February 16, through February 28, 2015, to be received and filed.
Public Works, Water and Development Services Department
20. February 2015 Monthly Building Department Report, to be received and filed.
NEW BUSINESS
City Administration Department
21. Approval of the 2nd 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 2nd 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 2nd Amendment to the Purchase and Sales Agreement for the
property located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive,
to:
a. Update the Indemnity Agreement (Exhibit E) to reflect the City’s efforts in
obtaining a conditional closure from DTSC in substantially the same form as
submitted with the staff report.
b. Approve the Bill of Sale and General Assignment
c. Approve the Certification of Non-Foreign Status
Economic Development Manager Alex Kung provided a brief report.
It was moved by Maisano and seconded by Martinez to approve the 2nd Amendment to the
Purchase and Sales Agreement for property located at 5119, 5201, and 5241 District Boulevard
and 4601 East 52nd Drive. Motion carries, 5-0.
City Attorney Department
22. Approving and authorizing the execution of an At-Will Employment Agreement
by and between the City of Vernon and Brian W. Byun.
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Recommendation:
(1) Find that the approval of the proposed agreement 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 the At-Will Employment Agreement with Brian W. Byun, in
substantially the same form as submitted with the staff report, effective March
18, 2015. The proposed Agreement is the standard at-will employment
agreement form approved by City Council for other executive and management
positions.
Deputy City Attorney Zaynah Moussa provided a brief report on the item.
It was moved by Davis and seconded by Maisano to approve the At-Will Employment
Agreement with Brian W. Byun. Motion carries, 5-0.
Finance Department
23. Authorization to enter into contracts with J.P. Morgan and Citigroup for
investment banking and underwriting services to restructure the 2009 Series
Electric System Revenue Bonds, terminate the 2004 Series A&B Interest Rate
Swap Agreements, and issue new bonds.
Recommendation:
(1) Find that entering into a contract with an investment underwriter whose sole
business is to provide investment underwriting services are 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. Investment underwriting service activities are
not subject to CEQA; and
(2) Approve the selection of J.P. Morgan as the senior-managing underwriter for the
proposed 2009 Series Bond refunding, 2004 Series A & B Investment Derivative
Instruments conversion, and new 2015 bond financing activities; and
(3) Approve the selection of Citigroup as the co-managing underwriter for the
proposed 2009 Series Bond refunding, 2004 Series A & B Investment Derivative
Instruments conversion, and new 2015 bond financing activities.
Assistant Finance Director Masami Higa gave a brief report on the item.
It was moved by Martinez and seconded by Davis to authorization contracts with J.P. Morgan
and Citigroup for investment banking and underwriting services. Motion carries, 5-0.
Gas and Electric Department
24. Approval to enter into a services agreement with Power Engineers, Inc. (PEI) for
the Development of Spill Prevention, Control, and Countermeasure (SPCC) Plan
for Distribution Stations, Switching Stations and Customer Substations.
Recommendation:
(1) Find that the 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 proposed services agreement with Power Engineers, Inc. (PEI) for
the development and certification of Spill Prevention, Control, and
Countermeasure (SPCC) Plan for four distribution stations, two switching
stations, thirteen (13) customer substations and the Soto Yard large transformer
warehouse and enter into a contract, for an amount not-to-exceed $40,918 and
authorize the Director of Finance to execute the services agreement on behalf of
the City. Pursuant to § 2.17.02 (B) of the Vernon Municipal Code, this agreement
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requires City Council approval due to the cumulative monetary value of all
contracts in effect at the City for this particular contractor. It is further
recommended that the City Council find that the contract is exempt from
competitive bidding requirements pursuant to Vernon Municipal Code § 2.17.12
[A-10 & B-1]: Exemptions because this is a contract for a professional service
and it is for an expenditure under $50,000.
Director of Gas and Electric Fandino provided a brief report on this item.
It was moved by Maisano and seconded by Davis to approve a service agreement with Power
Engineers, Inc. for the development of spill prevention, control, and countermeasure plan for
distribution stations, switching stations and customer substations. Motion carries, 5-0.
Health and Environmental Control Department
25. Approval to Schedule the 2015 Electronic Waste (E-Waste) Recycling Event.
Recommendation:
(1) Find that because the proposed one-day waste collection event at the fire station is
an action taken to protect the environment and constitutes normal operations of
the fire station, the activity is categorically exempt from the California
Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines sections
15308 (actions taken to protect the environment), 15323 (normal operations of
public facilities) and 15061 (b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Approve scheduling the next City of Vernon E-Waste event for April 27, 2015 at
Fire Station #1 at 3375 Fruitland Ave., using the vendor Arion Global, Inc.
Health and Environmental Control Director Leonard Grossberg provided a brief report on this
item.
It was moved by Davis and seconded by Ybarra to approve the 2015 electronic waste recycling
event. Motion carries, 5-0.
Human Resources Department
26. Resolution 2015-14 a Resolution of the City Council of the City of Vernon adopting
an amended and restated citywide fringe benefits and salary resolution in
accordance with government code section 20636(B)(1) and repealing all resolutions
in conflict therewith.
Recommendation:
(1) Find the 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; and
(2) Adopt the resolution, effective March 17, 2015, adopting an amended and
restated Citywide Fringe Benefits and Salary resolution, to reflect the addition of
Section 22 – Stand-By Policy.
Human Resources Director Teresa McAllister provided a brief report on this item.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2015-14. Motion
carries, 5-0.
27. Adopt City of Vernon Personnel Policy and Procedure, Dress Code Policy I-15,
and Administrative Manual Policies, Taxation on City Vehicles Used by City
Employees 1.1, City Owned Vehicle Authorization and Use Policy 1.2.
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Recommendation:
(1) Find that approval of the proposed personnel and administrative policies and
procedures 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) Adopt the Personnel Policy and Procedure, Dress Code Policy I-15; and
Administrative Manual policies, Taxation on City Vehicles Used by City
Employees 1.1 and City Owned Vehicle Authorization and Use Policy 1.2; and
incorporate each into the Personnel Policies and Procedures Manual and the
Citywide Administrative Manual respectively; and
(3) Authorize the City Administrator and the Director of Human Resources to
execute and distribute the above-referenced policies to all employees.
Ms. McAllister also provided a brief report on each of the policies being presented for approval.
It was moved by Maisano and seconded by Davis to adopt Personnel Policy and Procedure,
Dress Code Policy I-15, and Administrative Policies, Taxation on City Vehicles Used by City
employees 1.1, and City Owned Vehicle Authorization and Use Policy 1.2. Motion carries, 5-0.
Public Works, Water and Development Services Department
28. Approval to enter into the Subrecipient Agreement between the City of Vernon
and the Los Angeles Gateway Region Integrated Regional Water Management
Joint Powers Authority for the purposes of the Proposition 84 Grant Program.
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 find that for the construction and installation of two (2) tree box
filters in a transportation corridor are categorically exempt under the CEQA in
accordance with Guidelines Section 15303, Class 3 because: (i) no significant
physical changes will occur as a result of this approval; (ii) the project will consist
of minor construction and connection to an existing facility (catch basin) to
improve the water quality in the Los Angeles River, (iii) the project is an area
where all public services and facilities are available to allow for maximum
development permissible in the General Plan, (iv) the project does not involve
significant amounts of hazardous substances, and (v) the area is not in an
environmentally sensitive area; and
(2) Approve the Subrecipient Agreement between the City of Vernon (“City”) and
the Los Angeles Gateway Region Integrated Regional Water Management Joint
Powers Authority (“GWMA”), in substantially the same form as submitted with
the staff report, and authorize the City Administrator to execute the Subrecipient
Agreement on behalf of the City.
Public Works Director Kevin Wilson provided a brief report on this item.
It was moved by Davis and seconded by Martinez to approve the subrecipient agreement with
Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority.
Motion carries, 5-0.
ORAL REPORTS
29. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on the following: activity involving nitrous oxide in a
parking lot; an assault with a deadly weapon; and a delayed reporting (by the victim) of a
sexual assault incident. Chief Calleros announced that the Vernon Police Department will be
participating in the annual Baker-Vegas Run. He also thanked the Councilmembers that
were in attendance at the recent Police and Firefighter Awards Luncheon.
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Police Captain Michael Gillman gave a brief report on spray painted graffiti in the area, and
the City’s plan to remove it.
Fire Chief Mike Wilson reported on the following: the Fire Department vacancy will be filled
this year; the Engineer’s exam is currently being conducted; CERT classes are ongoing; the
“Fill the Boot” charity event will be taking place; training classes for reserves will be
conducted; Green Cell training will be conducted; and a hazmat call was received where the
crew went to Compton to identify the contents of a 5-gallon bucket of an unknown substance.
Chief Wilson also thanked the Councilmembers for attending the Police and Fire Awards
Luncheon, and wished everybody a Happy St. Patrick’s Day.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
following: replacement of a generator at City Hall; the City Hall remodel is almost complete;
and two projects being planned to go out to bid in early April (water well project and the
repaving of Slauson Ave. and Boyle Ave.). Councilmember Davis had questions regarding
work being conducted on Downey Rd., and whether or not the company doing the work had
an encroachment permit(s). Director Wilson responded that he would have to research what
specific work was being conducted and what permits were required.
Director of Gas and Electric Carlos Fandino reported that there were no outages or incidents
to report this period.
Assistant Director of Finance Masami Higa reported that the City is ahead on the budget
planning process this year.
Director of Health and Environmental Control Department Leonard Grossberg reported that
the Attorney General announced the permanent closure of Exide. The City will be
coordinating over the next few years with DTSC on the local closure requirements. Mr.
Grossberg also announced that the Green Vernon Commission will be holding a special
meeting on April 1st at 3:30 p.m.
Councilmember Ybarra had a question regarding the distribution of funds for Exide
neighboring businesses, to help with their site cleanup as well. Mr. Grossberg responded that
the DTSC will have an action plan and public hearing to address the closure.
Director of Human Resources Teresa McAllister reported on the recent Employee
Information Meeting held on March 10.
Economic Development Manager and Successor Agency Staff Alex Kung reported on the
following: next Oversight Board Meeting is scheduled for April 2; the City had received a
WARN Notice from V&L Produce, after further communication with the company it was
determined that the company is not closing, they are downsizing; and that Exide has also
issued a WARN Notice.
City Clerk Maria Ayala reported that ballots for the General Municipal Election to be held on
April 14 will be mailed this week.
City Administrator Mark Whitworth reminded the Council that Docket 2 grants from the
Vernon CommUNITY Fund Grant Committee was rescheduled for March 17.
Deputy City Administrator Kristen Enomoto provided the following report and
recommended actions to the City Council from the March 11 Vernon Housing Commission
(VHC) meeting: one seat is vacant on the VHC that will be filled at the next City Council
meeting; recommend to the City Council to sell the Huntington Park housing units, this will
be agendized for the next City Council meeting; recommend to remodel the seven Vernon
housing units that had not previously been remodeled; authorized staff to utilize independent
consultant to prepare a general capital improvement plan on what needs to be repaired or
replaced; a few residents in attendance expressed concerns over response time and staff did
acknowledge a need to improve in some of these areas; and that 13 completed surveys were
received with the majority indicating a high level of satisfaction.
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City Administrator Mark Whitworth also reported on the following: the City will closely
monitor the Exide cleanup; on the AQMD Rule 415 issue regarding rendering facilities, the
City will be staying ahead of this issue and providing update reports; and currently the IT
Manager position interviews are being conducted. Mr. Whitworth wished Mayor
McCormick a belated happy birthday, and wished everybody a happy St. Patrick’s Day.
30. City Council Reports – brief report on activities, announcements, or directives to staff.
Mayor McCormick reported on him and Mr. Whitworth providing a presentation for the
Loyola Marymount University of Business recently.
CLOSED SESSION
No closed session was held, as the item was deferred to the next City Council meeting.
With no further business, at 10:12 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk