2015-04-21 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, APRIL 21, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano (outgoing Councilmember),
Martinez, Ybarra, Woodruff-Perez (newly elected Councilmember)
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 Maria Ayala
announced that a supplemental staff report for Agenda Item No. 3 is being provided 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.
PRESENTATIONS
1. Transfer of Jurisdiction Presentation – City Hall Substation Name Change to
Maisano Substation.
Recommendation:
A. Find that the item 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. Acknowledge the Transfer of Jurisdiction and the Substation name change from
“City Hall Substation” to “Maisano Substation”.
Director of Gas and Electric, Carlos Fandino, in coordination with city personnel via
teleconference officially conducted the transfer of jurisdiction and renamed the City Hall
Substation as the Maisano Substation.
2. A Proclamation of the Mayor and the City Council of the City of Vernon
commending Richard J. Maisano for his many years of service to the City of
Vernon.
Mayor McCormick read the proclamation being presented to outgoing Councilmember Maisano,
and thanked him for his service to the City of Vernon. Councilmember Maisano took a moment
to say a few words acknowledging and thanking the City staff and community.
ELECTION MATTERS
3. Resolution No. 2015-19 - A Resolution of the City Council of the City of Vernon,
California, reciting the fact of the General Municipal Election held on April 14,
2015, declaring the results and such other matters as provided by law.
Recommendation:
A. Find that the proposed approval is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
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that CEQA only applies to projects that may have an effect on the environment as
this is merely an administrative item; and
B. Accept the Certificate of Canvass; and
C. Adopt a Resolution declaring the results of the General Municipal Election held
April 14, 2015, declaring that Yvette Woodruff-Perez is elected to the office of
Member of the City Council and that Measures O and P are approved; and
D. Authorize the City Clerk to deliver the Certificate of Election and administer the
Oath of Office to Yvette Woodruff-Perez.
City Clerk, Maria Ayala, briefly reported on the election results, and explained that the
supplemental staff report had been updated to include final election counts.
It was moved by McCormick and seconded by Davis to approve Resolution No. 2015-19.
Motion carried, 5-0.
4. Oath (Affirmation) of Office.
Upon approval of Agenda Item No. 3 by the City Council, City Clerk Maria Ayala administered
the Oath of Office to new Councilmember Yvette Woodruff-Perez. Councilmember Woodruff-
Perez said a few words to thank the community for the support and looks forward to serving in
her new capacity as councilmember.
At this time in the meeting, outgoing Councilmember Maisano stepped down from his seat, with
incoming Councilmember Woodruff-Perez assuming her seat at the Council dais.
5. Election of Mayor and Mayor Pro Tempore.
Recommendation:
A. Find that the elections of the Mayor and the Mayor Pro Tempore 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 as this is merely an administrative item; and
B. Elect one of its members as Mayor; and
C. Elect one of its members as Mayor Pro Tempore.
It was moved by Ybarra and seconded by Davis to appoint Davis as Mayor. Motion rejected, 2
ayes (Ybarra, Davis) – 3 noes (McCormick, Martinez, and Woodruff-Perez).
It was moved by Martinez and seconded by Woodruff-Perez to reappoint McCormick as Mayor.
Motion carried, 4 ayes (McCormick, Davis, Martinez, Woodruff-Perez) – 1 no (Ybarra).
It was moved by Martinez and seconded by Woodruff-Perez to appoint Davis as the Mayor Pro-
Tem. Motion carried, 5-0.
PRESENTATIONS (CONT’D)
6. Personnel Matters - Service Pin Awards.
March 2015 Anniversary
Employee Name Job Title Years
Allen Castro Firefighter 15
Shahram “Shawn” Sharifzadeh Resource Scheduler 15
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Director of Human Resources Teresa McAllister reported on the employees’ years of service.
Mayor McCormick presented the service pin to employee, Shahram “Shawn” Sharifzadeh. The
Council also recognized employee, Allen Castro, who was not in attendance, for his years of
service.
7. Commendation to Vernon Police Dispatcher Cerissa Diaz.
Police Chief Calleros briefly reported on Ms. Diaz’ commendable efforts during a recent 911
call, and presented her with a Commendation from the City.
8. A Proclamation of the Mayor and the City Council of the City of Vernon
commending David R. Zapien for his many years of service to the City of Vernon.
Mayor McCormick read the proclamation for retiring Sgt. Zapien, presented it to him and
thanked him for his years of service with the City.
9. City Clerk to administer the Oath of Office required by Article XX, Section 3 of
the Constitution of the State of California for newly hired Police Officer, Carlos
Ourique.
City Clerk, Maria Ayala, administered the Oath of Office to new City of Vernon Police Officer
Ourique. Officer Ourique’s wife and children were also in attendance, with Mrs. Ourique
pinning Officer Ourique with his new Vernon Police Department badge.
Mayor McCormick announced at 9:35 a.m. that the meeting would take a brief recess. The
meeting reconvened at 9:51 a.m.
CONSENT CALENDAR
It was moved by Davis and seconded by Ybarra 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
10. None
Minutes – To be Received and Filed
11. Minutes of the Special City Council Meeting held April 7, 2015.
12. Minutes of the Regular City Council Meeting held April 7, 2015.
Warrant Registers
13. Approval of City Payroll Warrant Register No. 706, totaling $2,616,139.62, which
covers the period of March 1 through March 31, 2015 and consists of the
following:
A. Ratification of direct deposits, checks and taxes totaling $1,863,797.66; and
B. Checks and electronic fund transfers totaling $752,341.96.
14. Approval of City Warrant Register No. 1422, totaling $940,930.98, which covers
the period of April 2 through April 13, 2015 and consists of the following:
A. Ratification of wire transfers totaling $598,824.43; and
B. Ratification of the issuance of early checks totaling $196,679.41; and
C. Authorization to issue pending checks totaling $154,427.14.
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15. Approval of Light & Power Warrant Register No. 387, totaling $619,511.59, which
covers the period of April 2 through April 13, 2015 and consists of the following:
A. Ratification of wire transfers totaling $496,840.35; and
B. Ratification of the issuance of early checks totaling $88,760.14; and
C. Authorization to issue pending checks totaling $33,911.10.
16. Approval of Gas Warrant Register No. 175, totaling $14,573.58, which covers the
period of April 2 through April 13, 2015 and consists of the following:
A. Ratification of the issuance of early checks totaling $14,573.58.
Fire Department
17. Activity Report for the period of March 16 through March 31, 2015, to be received
and filed.
Gas and Electric Department
18. Base Contract with Sequent Energy Management, L.P. for Sale and Purchase of
Natural Gas.
Recommendation:
A. Find that the requested approval 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 a significant
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 Sequent Energy Management, L.P. (“SEM”), for the purpose of
buying and selling natural gas to or from SEM, 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.
Health and Environmental Control Department
19. Resolution No. 2015-20 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of a grant application under the
California Beverage Container Recycling and Litter reduction act to the California
Department of Recycling Resources and Recovery (CalRecycle).
Recommendation:
A. Find that approval of the request for authority to receive and spend grant funds 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 a significant effect on the environment, and it can be seen with
certainty that there is no possibility that the activity in question may have such an
effect on the environment; and
B. Approve and issue authorization to receive and spend grant funds under the
Beverage Container Recycling and Litter Abatement Activities for FY2014-2015.
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20. March 2015 Monthly Report, to be received and filed.
Police Department
21. Activity Log and Statistical Summary of Arrests and Activities for the period of
March 16, through March 31, 2015, to be received and filed.
22. A Proclamation of the Mayor and the City Council of the City of Vernon declaring
the week of April 5-11, 2015 as Safety Seat Checkup Week.
Public Works, Water and Development Services Department
23. 2014 Annual Report of the Public Works, Water and Development Services
Department, to be received and filed.
NEW BUSINESS
Fire Department
24. Bid Award for Fire Department Training Facility Contractor.
Recommendation:
A. Find that approval of the bid award for a Fire Department Training Facility
Contractor to construct the undeveloped parcel and operate the facility is within
the Initial Study and Negative Declaration prepared for this project pursuant to the
provisions under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15063, which requires the lead agency to conduct an
initial study to determine if the project may have a significant effect on the
environment, and Section 15070, which governs the agency’s decision to prepare
a negative declaration, and authorize the Director of Public Works, Water and
Development Services to file a Notice of Determination finding that the project
will not have a significant impact on the environment; and
B. Accept the bid of Kirila Fire Training Facilities, Inc., as the lowest responsive and
responsible bidder, rejecting all other bids; and enter into a contract, with Kirila
Fire Training Facilities, Inc., for an amount not to exceed $747,777.00, for a Fire
Department Training Facility Contractor; further authorize a contingency of
$50,000.00, in the event of an unexpected changed condition in the project and
grant authority to the City Administrator to issue a change order for an amount up
to the contingency amount.
Fire Chief Mike Wilson briefly provided a report on the impending training facility.
It was moved by Davis and approved by Martinez to award the bid for the Fire Department
Training Facility Contractor to Kirila Fire Training Facilities, Inc. Motion carried, 5-0.
Human Resources Department
25. Adoption of City Of Vernon Personnel Policy and Procedure,
Reference/Background Checks I-12.
Recommendation:
A. Find that approval of the proposed personnel policy and procedure 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 Personnel Policy and Procedure, Reference/Background Check Policy I-12,
and incorporate it into the Personnel Policies and Procedures Manual; and
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C. Authorize the City Administrator and the Director of Human Resources to
execute and distribute the above-referenced policy to all employees.
Human Resources Director Teresa McAllister, provided a brief report on the policy being
proposed.
It was moved by Ybarra and seconded by Martinez to adopt the City Of Vernon Personnel Policy
and Procedure, Reference/Background Checks I-12. Motion carried, 5-0.
Public Works, Water and Development Services Department
26. Bid Award for Contract CS-0541: Citywide Traffic Signal Maintenance Project.
Recommendation:
A. Find the awarding of a contract to Aegis ITS is categorically exempt under the
California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, because this project only consists of maintenance and
repair of the City’s traffic signals and does not involve any expansion of existing
facilities; and
B. Accept the bid from Aegis ITS, Inc.as the lowest responsive and responsible
bidder and reject all other bids; and
C. Approve a contract with Aegis ITS, Inc. not to exceed $110,000.00 per year for a
total of three years for the Citywide Traffic Signal Maintenance Project, Contract
No. CS-0541.
Public Works, Water and Development Services Director Kevin Wilson provided a brief report.
It was moved by Davis and seconded by Ybarra to award the bid for Contract CS-0541, Citywide
Traffic Signal Maintenance Project, to Aegis ITS. Motion carried, 5-0.
27. Approval of Two (2) Easements for Public Road Located at 5119 District
Boulevard.
Recommendation:
A. Find that the acceptance of the Easements for Public Road proposed are
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
B. Accept the two (2) Easements for Public Road and authorize the Mayor to execute
easement forms with exhibits.
Mr. Wilson provided a brief report on the two easements; and addressed questions by the
Council.
It was moved by Ybarra and seconded by Davis to approve the two (2) Easements for Public
Road Located at 5119 District Boulevard. Motion carried, 5-0.
28. Approval of Electrical Easement on 5970 Alcoa Avenue.
Recommendation:
A. 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
B. Accept the Electrical Easement and authorize the Mayor to execute easement
form with exhibits.
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Mr. Wilson provided a brief report on the electrical easement.
It was moved by Martinez and seconded by Davis to approve the Electrical Easement on 5970
Alcoa Avenue. Motion carried, 5-0.
OLD BUSINESS
29. 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 therewith. (second
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 the Ordinance adopting the Zoning Ordinance Amendment and Zoning
Map.
Mr. Wilson provided a brief report. Mayor McCormick read the ordinance by title and requested
a roll call vote. The City Clerk took a roll call vote:
Ayes: Mayor McCormick; Mayor Pro-Tem Davis; Councilmembers: Martinez, Woodruff-Perez,
and Ybarra.
Motion carried, 5-0.
ORAL REPORTS
30. 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 carjacking on April 8; a vehicle pursuit
on April 18; an update on the previously reported criminal threat and brandishing of a firearm
incident; an update on the commercial truck battery thefts.
Police Captain Michael Gillman reported on vandalism incidents and noted a few areas of
possible vandalism reported by the City Council.
Fire Chief Michael Wilson provided an update on the following: Pancake Breakfast scheduled
for April 25 at Fire Station No. 1; LA RICS is 99% completed at this time; attended the L.A.
Area Fire Chiefs’ (LAAFCA) Conference; reminded everybody about the MDA Fill the Boot
scheduled for May 5th, May 13th, and May 21st; Fire Department training on Firefighter Survival
Training; incident on April 17 Structure Fire; and two recent gas leaks.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
following: update on the Vernon Village Park housing completion; and will provide an
informational update at the next City Council meeting on potential zoning for housing in Vernon.
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Director of Gas and Electric Carlos Fandino reported on recent outages.
Finance Director William Fox provided a brief update on the following: conducting dry-run
budget presentations in preparation for the presentations to Council on May 5 and 19; working
with outside legal counsel on bond financing; and renewal of insurance policies.
Director of Health and Environmental Control Leonard Grossberg provided a brief update on the
following: attending a recent informational meeting regarding the Exide closure; upcoming E-
Event; and that two Green Vernon Commission members will be attending a training this
Thursday on odor recognition.
Director of Human Resources Teresa McAllister announced the following: April 28 citywide
“Performance Evaluation Training” session offered to employees; and the June 10 Employee
Appreciation BBQ.
Economic Development Manager and Successor Agency Staff Alex Kung announced that the
next Oversight Board meeting is scheduled for May 7; and the Department of Finance has denied
the City’s latest request for funds, due to the City’s amount in reserves.
City Clerk Maria Ayala reported the Office of the City Clerk conducted a citywide workshop on
the agenda process and will be working towards planning future workshops.
Senior Advisor to the City Administrator Fred MacFarlane reported on the Vernon
CommUNITY Fund Grant (ceremonial) check presentations (with several photos of the
presentations being displayed).
Deputy City Administrator Kristen Enomoto provided an update on the City moving forward
with the City Council’s directives on selling the Huntington Park housing units.
City Administrator Mark Whitworth reported on the following: recent meeting with the Vernon
Chamber of Commerce on April 8; announced the Chamber’s upcoming installation luncheon;
and having attended the recent Gateway City Managers Breakfast in South Gate. Mr. Whitworth
also congratulated Councilmember Woodruff-Perez on being elected.
31. City Council Reports – brief report on activities, announcements, or directives to staff.
Mayor McCormick welcomed Councilmember Woodruff-Perez.
Mayor Pro-tem congratulated Councilmember Woodruff-Perez, and announced the birth of his
new grandson.
Mayor McCormick announced at 10:46 a.m. that the meeting would take a brief recess. The
meeting reconvened at 10:53 a.m.
CLOSED SESSION
At 10:53 a.m. the City Council entered into closed session to discuss the following agendized
item:
32. CONFERENCE WITH REAL ESTATE NEGOTIATIONS
Government Code Section 54956.8
Property: 3200 Fruitland Avenue, Vernon, California
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung, Economic
Development Manager
Negotiating Party: PI Fruitland, LLC
Under Negotiation: Price and Terms of Assignment and Assumption of Purchase and
Sale Agreement.
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At 11:16 a.m. the City Council exited closed session Deputy City Attorney Brian Byun
announced that there was no reportable action.
NEW BUSINESS (CONT’D)
City Administration Department
City Clerk Maria Ayala announced that supporting documentation on Agenda Item No. 33 was
provided to Council with additional copies available for the public.
33. Resolution No. 2015-21 – A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of an Agreement regarding Assignment
and Assumption of Purchase and Sale Agreement by and between the City of
Vernon and PI Fruitland, LLC for property located at 3200 Fruitland Avenue.
It was moved by Martinez and seconded by Davis to approve Resolution No. 2015-21. Motion
carries, 5-0.
With no further business, at 11:17, Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk