2015-04-07 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, APRIL 7, 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. Mayor Pro-tem Davis led
the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda. City Clerk announced
that supporting documentation to Agenda Item No. 11, as being distributed to Council; and that
additional copies have been provided for the public.
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.
PUBLIC HEARINGS
1. Public hearing on the adoption of a Final Supplemental Environmental Impact
Report and Mitigation Monitoring Reporting Program and adoption of
Amendments to the City of Vernon General Plan and Zoning Ordinance and
Zoning Map.
At approximately 9:01 a.m. Mayor McCormick opened a public hearing on the matter.
Kevin Wilson, Director of Public Works, Water and Development Services Department,
provided a brief introduction on the proposed changes to the City’s zoning ordinance. Mr.
Wilson introduced Laura Stetson, consultant from MIG, who will be providing a brief
presentation. Upon Ms. Stetson concluding her presentation to the Council, Mr. Wilson further
elaborated on the proposed changed elements of the zoning ordinance, and reported on the recent
workshops that were held on this topic.
Mr. Wilson outlined the proposed actions to be considered by the Council, and read the
ordinance and resolution by titles.
Mayor McCormick asked for public comment. No public comment was received.
Councilmember Ybarra had questions and comments regarding the City considering zoning
certain areas so as to allow residential development. Mr. Wilson responded to Ms. Ybarra’s
questions. Mr. Wilson offered that staff could look into a future separate study on housing if that
should be the direction that staff is given by Council.
At 9:14 a.m. the public hearing was closed.
Approve the following:
Resolution No. 2015-15 - A Resolution of the City Council of the City of
Vernon adopting amendments to the City of Vernon General Plan and the
various elements included therein and repealing all resolutions in conflict.
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April 7, 2015
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Ordinance No. 1227 - An Ordinance of the City Council of the City of
Vernon adopting amendments to the comprehensive zoning ordinance of the
City of Vernon; establishing zoning districts in the City and regulating and
restricting the use, size, and the location of buildings and improvements on
land; the use of land and open space; adopting a map showing said zoning
districts, defining the terms used in the ordinance; providing for its
adjustment, amendment and enforcement; and repealing all ordinances or
parts of ordinances in conflict herewith. (first reading)
Recommendation:
A. In accordance with the California Environmental Quality Act, contained in Public
Resources Code commencing at Section 21000 and the California Code of
Regulations, Title 14, Chapter 3, certify the Supplemental Final Environmental
Impact Report dated March 2015, adopt Findings of Fact and Statement of
Overriding Considerations, and adopt Mitigation Measures and a Mitigation
Monitoring and Reporting Program for the City of Vernon General Plan and
Zoning Ordinance Update (State Clearinghouse No. 2007061031). It is further
recommended that the City Clerk of the City of Vernon shall be designated as the
custodian of all documents or other materials which constitute this record of
proceedings upon which this decision is made; and
B. Adopt a Resolution adopting the General Plan Amendment; and
C. Approve the first reading of the Ordinance adopting the Zoning Ordinance
Amendment and Zoning Map.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2015-15.
A roll call vote was called by the City Clerk to approve the first reading of Ordinance No. 1227.
On a motion by Maisano and second by Davis it was carried to approve the first reading of the
Ordinance adopting the Zoning Ordinance Amendment and Zoning Map. The vote was as
follows:
Mayor McCormick Aye
Mayor Pro-tem Davis Aye
Councilmember Maisano Aye
Councilmember Martinez Aye
Councilmember Ybarra Aye
CONSENT CALENDAR
It was moved by Davis and seconded by Martinez to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 5-0.
Claims Against the City – Received and Filed
2. None
Minutes – To be Received and Filed
3. Minutes of the Regular City Council Meeting held March 17, 2015.
Warrant Registers
4. Ratification of the following City Warrant Registers to record the following voided
checks:
A. City Warrant Register No. 1404 to record voided Check No. 344663 in the
amount of $1,700.00; and
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April 7, 2015
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B. City Warrant Register No. 1413 to record voided Check No. 345933 in the
amount of $400.00; and
C. City Warrant Register No. 1417 to record voided Check No. 346453 in the
amount of $175.00; and
D. City Warrant Register No. 1419 to record voided Check No. 346714 in the
amount of $1,213.31.
5. Approval of City Warrant Register No. 1421, totaling $1,381,104.06, which covers
the period of March 10 through April 1, 2015, and consists of the following:
A. Ratification of wire transfers totaling $924,175.82; and
B. Ratification of the issuance of early checks totaling $282,919.60; and
C. Authorization to issue pending checks totaling $174,008.64.
6. Approval of Light & Power Warrant Register No. 386, totaling $6,421,406.64,
which covers the period of March 10 through April 1, 2015, and consists of the
following:
A. Ratification of wire transfers totaling $6,231,645.73; and
B. Ratification of the issuance of early checks totaling $135,332.66; and
C. Authorization to issue pending checks totaling $54,428.25.
7. Approval of Gas Warrant Register No. 174, totaling $1,206,779.70, which covers
the period of March 10 through April 1, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,192,607.77; and
B. Ratification of the issuance of early checks totaling $6,533.25; and
C. Authorization to issue pending checks totaling $7,638.68.
Fire Department
8. Activity Report for the period of March 1 through March 15, 2015, to be received
and filed.
Health and Environmental Control Department
9. Resolution No. 2015 -16 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of an application for an Enforcement
Assistance Grant from the California Department of Resources Recycling and
Recovery (CalRecycle).
Recommendation:
A. Find that the proposed action is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with (i) CEQA Guidelines section
15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment and (ii) CEQA Guidelines section 15308 because the
actions to be funded by the grant are to protect the environment; and
B. Adopt a Resolution approving and authorizing the execution of the application for
the Enforcement Assistance Grant from the California Department of Recycling
and Recovery (CalRecycle) for FY 2015-2016, and authorize the Director of
Health and Environmental Control to apply for, receive and expend said grant
funds.
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April 7, 2015
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Police Department
10. Activity Log and Statistical Summary of Arrests and Activities for the period of
March 1, through March 15, 2015, to be received and filed.
NEW BUSINESS
City Administration Department
11. Resolution No. 2015-17 - Adopt a Resolution of the City Council of the City of
Vernon approving and authorizing the execution of a second amendment to
standard offer, agreement and escrow instructions for the purchase of real estate
by and between the City of Vernon and Pechiney Cast Plate, Inc. for property
located at 3200 Fruitland Avenue.
Economic Development Manager and Successor Agency Staff Alex Kung provided a report on
the item.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2015-17. Motion
carried, 5-0.
12. Appointment of Resident (Non-City Council Member) to fill Vernon Housing
Commission Vacancy.
Recommendation:
A. 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
B. Ratify the Mayor’s selection of Steven Froberg to serve on the Vernon Housing
Commission for the remaining term of the vacant Resident (non-City Council
member) seat, which expires August 2017.
It was moved by Davis and seconded by Ybarra to ratify the Mayor’s selection and appoint
Steven Froberg to serve on the Vernon Housing Commission. Motion carried, 5-0.
Fire Department
13. Approval to Purchase an Urban Search and Rescue Vehicle for the Fire
Department.
Recommendation:
A. Find that approval of the proposed purchase 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
B. Approve the purchase of a new Urban Search and Rescue Vehicle from Pierce
Manufacturing, Inc. (PMI) in the amount of $799,609.82 (the new vehicle would
replace the current 1998 vehicle that no longer meets the needs of the
department); and authorize the Purchasing Department to issue a purchase order
to PMI for the purchase amount ($400,000.00 of purchase amount would be
eligible for reimbursement through federal grant funding).
Fire Chief Wilson provided a report on the necessity of the vehicle and the grant funding that
will be utilized to partially pay for the vehicle.
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April 7, 2015
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It was moved by Martinez and seconded by Ybarra to approve the purchase of an Urban Search
and Rescue Vehicle. Motion carried, 5-0.
Gas and Electric Department
14. Approve the North American Energy Standards Board (“NAESB”) Contract with
CRC Marketing, Inc. (“CRC”) for the purpose of buying and selling natural gas to
CRC.
Recommendation:
A. Find that the requested approval is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(b),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
B. Authorize the Director of Gas & Electric to execute the North American Energy
Standards Board (“NAESB”) contract by and between the City of Vernon
(“City”) and CRC Marketing, Inc. (“CRC”) in substantially the same form as
submitted with the staff report, for the purpose of buying and selling natural gas
to or from CRC, in compliance with the general terms established in the
agreement. It is further recommended that the City Council find that, pursuant to
Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required
because these are contracts for gas and/or electrical power for the city’s power
utility, and that it would be commercially unreasonable to procure the gas or
electricity through standard bidding or request for proposal procedures.
Carlos Fandino, Director of Gas and Electric Department, gave a brief report on the NAESB
contract.
It was moved by Maisano and seconded by Martinez to approve the North American Energy
Standards Board Contract with CRC Marketing, Inc. Motion carried, 5-0.
Health and Environmental Control Department
15. Ratify and Acknowledge the Submittal of the Letter by the Green Vernon
Commission dated April 2, 2015 to the Air Quality Management District
Recommending the Suspending of The Rule Making Process for Rule 415 Odors
from Rendering Operations for 180 Days to Review Concerns.
Recommendation:
A. Find that merely submitting a letter and a possible scope of action are not final
actions and do not constitute a “project” subject to the California Environmental
Quality Act (“CEQA”), and that even if they were, they would be exempt from
CEQA under Guidelines section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
B. Ratify and Acknowledge the Submittal of a letter to the Air Quality Management
District (AQMD) recommending the suspending of The Rule Making Process for
Rule 415 Odors from Rendering Operations for 180 days to review concerns.
Leonard Grossberg, Director for Health and Environmental Control Department, gave a brief
report on the letter to AQMD.
It was moved by Davis and seconded by Ybarra to ratify and acknowledge the submittal of the
letter by the Green Vernon Commission to the Air Quality Management District regarding Rule
415. Motion carried, 5-0.
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April 7, 2015
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Human Resources Department
16. Resolution No. 2015-18 - A Resolution of the City Council of the City of Vernon
declaring the month of April 2015, as “Sexual Assault Awareness Month” and
April 29, 2015, as “Denim Day”.
Recommendation:
A. Find that the request to adopt the resolution proclaiming April 2015 as “Sexual
Assault Awareness Month” and April 29, 2015 as “Denim Day” 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
B. Adopt a Resolution of the City Council of the City of Vernon declaring the month
of April 2015, as “Sexual Assault Awareness Month” and April 29, 2015 as
“Denim Day”.
Teresa McAllister, Director for Human Resources Department, gave a brief report on the
resolution.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-18. Motion
carried, 5-0.
Public Works, Water and Development Services Department
17. Bid Award for Rehabilitation of Production Well No. 16, Contract No. CS-0533.
Recommendation:
A. Find that the proposed Rehabilitation of Production Well No. 16 is exempt under
the California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, subsections (b) and (d), because the project involves
negligible or no expansion of use beyond that existing at the time of the lead
agency’s determination; and
B. Accept the bid from General Pump Company, Inc. (the only bid received in
response to the solicitation for bids), as the lowest responsive and responsible
bidder and enter into a contract, not to exceed $151,180.00, for the Rehabilitation
of Production Well No. 16, Contract No. CS-0533.
Kevin Wilson, Director of Public Works, Water and Development Services Department,
provided a brief report.
It was moved by Maisano and seconded by Martinez to accept the bid from General Pump
Company, Inc. for Contract No. CS-0533. Motion carried, 5-0.
OLD BUSINESS
18. Vernon Housing Commission Recommendations to Sell City-Owned Housing Units
in Huntington Park; and Remodel Seven City-Owned Vernon Units to Level of
Remodel Projects Performed in 2007/2008.
Recommendation:
A. 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.
The Vernon Housing Commission recommends the City Council:
B. Sell the five City-owned housing units in Huntington Park at fair market value
based upon professional appraisals; and
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April 7, 2015
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C. Direct City staff to, as quickly as possible, facilitate the remodel of the seven
City-owned housing units in Vernon that were not remodeled as part of the
2007/2008 remodel of all other City-owned housing units in Vernon to the
standard utilized in 2007/2008.
Kristen Enomoto, Deputy City Administrator, provided a brief background on the item.
Mayor McCormick asked for public comment.
Marisa Olguin, Vernon Chamber of Commerce, addressed the Council. Ms. Olguin announced
that the Chamber supports the sale of the Huntington Park units as revenues from the sale could
potentially provide a funding source for Vernon housing remodels. Ms. Olguin also commented
that the Vernon residents are a priority, and the City should work towards addressing the housing
needs of the residents.
Mark Whitworth, City Administrator, clarified that all properties are paid for without any
outstanding loans.
After Council deliberations it was moved by Maisano and seconded by Martinez to sell City-
owned housing units in Huntington Park (first selling 3 units so as to use the remaining 2 units to
relocate residents of the units that will be remodeled; upon remodel completion the remaining 2
units would then be sold) and remodel seven City-owned Vernon units to the level of remodel
projects performed in 2007/2008. Motion carried, 5-0.
ORAL REPORTS
19. 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: a reported strong arm robbery; a
reporting of verbal threats and brandishing of a firearm; officers arrested an individual for speed
contest; and, provided an update on the reported sexual assault (from last month) that the victim
recanted her statement. Chief Calleros also reported on the results of the Baker-to-Vegas relay.
The joined Vernon and San Gabriel PD team attained 5th place.
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 following: two applications received for
firework stands; participated in a Paramedic Program Audit on March 4th by the LA County
EMS Agency, the department passed with no issues and or follow up; LA RICS is on hold until
future project plan amendment; March 24 Blood Drive results; reminder about the MDA Fill the
Boot “A” shift May 5th. “B” shift May 13th, “C” shift May 21st; recent department trainings;
March 17 structure fire; March 18 fire crews responded to assist LA County Fire with a possible
suicide attempt; and on March 25 fire crews responded to a structure fire.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
following: city-owned sewer line that collapsed on March 31, and the city’s response for repair;
update on the Governor’s drought order, the city’s implementation, and how this executive order
has now been incorporated into code; the new standards that the Governor wants to incorporate
with regards to water usage restrictions;
Director of Gas and Electric Carlos Fandino reported on recent outages; he will be attending a
hearing on RPS in Sacramento; the city has a new solar customer.
Finance Director William Fox provided a PowerPoint presentation on the budget planning
schedule and process. The budget work study sessions will be presented at the May 5 and 19
Council meetings (as part of the regular City Council meetings). Mr. Fox also provided an
update on the City’s bond financing.
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Director of Health and Environmental Control Leonard Grossberg provided a brief update on the
Exide closure. Mr. Grossberg also reported that the Thermador site did close on escrow.
Director of Human Resources Teresa McAllister announced the following: April 28 citywide
“Performance Evaluation Training” session offered to employees; June 10 Employee
Appreciation BBQ; and the recent quarterly secretaries’ meeting. The HR department continues
to work on department recruitment needs and continue work on updating HR policies.
Economic Development Manager and Successor Agency Staff Alex Kung announced that the
next Oversight Board meeting is scheduled for May 7, at which time he will be recommending
moving towards quarterly meetings. Mr. Kung also reported that the City did receive approval
for ROPS (less $200,000) for which payments will go toward the City bond payments.
City Clerk Maria Ayala reported on the upcoming general election, ballots received to date,
scheduled canvassing of the votes, and the staff report to be presented at the April 21 Council
Meeting regarding results. Ms. Ayala also announced that Vernon would be hosting a brief
session for local City Clerks in the upcoming weeks.
Senior Advisor to the City Administrator Fred MacFarlane provided an update on the Vernon
CommUNITY Fund Grant (ceremonial) check presentations.
City Administrator Mark Whitworth announced the following: Ernest Smith as the new IT
Manager, Mr. Smith was an internal candidate successfully promoting into this position; Vernon
Chamber of Commerce Installation Luncheon on April 29; and the upcoming City Managers’
Meeting in South Gate regarding the closure of Exide.
20. City Council Reports – brief report on activities, announcements, or directives to staff.
Mayor McCormick thanked Councilmember Maisano for his years of service to the City.
Councilmember Ybarra announced that she recommends staff look into additional housing for
the City as direction to Director Kevin Wilson.
Mayor McCormick announced at 10:38 a.m. that the meeting would take a brief recess. The
meeting reconvened at 10:44 a.m.
CLOSED SESSION
At 10:44 a.m. the City Council entered into closed session to discuss the following agendized
items.
21. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Ray Shelton v. City of Vernon
Workers Compensation Appeals Board Claim No. 97500402
22. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (2)
Government Code § 54957(b)(1)
Titles: City Attorney and Deputy City Attorney
At 11:53 a.m. the City Council exited closed session Deputy City Attorney Brian Byun
announced that there was no reportable action.
/ / /
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April 7, 2015
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With no further business, at 11:53 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk