2015-06-02 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JUNE 2, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick. Students Diana Hernandez
and Luz Maria Hernandez led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced there were no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. The public will also be given
an opportunity to comment on matters on the posted agenda during Council deliberation.
No public comment provided.
PRESENTATIONS
1. Drug Abuse Resistance Education (D.A.R.E.) Essay Awards for the Vernon
Elementary School students.
Detective Escobedo presented the following students with awards for having won in the
D.A.R.E. Essay Contest:
1st Place – Esmeralda Alvarez; 2nd Place – Diana Ruiz; 3rd Place Angela Mitchell
1st Place – Arturo Arbajan; 2nd Place Luz Maria Hernandez; and 3rd Place Diana
Hernandez
2. City of Vernon College Volunteer Internship Program.
Human Resource Analyst Lisette Michel provided an informative PowerPoint presentation on
the City’s intern program.
Ms. Michel responded to questions from the Council regarding intern opportunities for high
school students.
Independent Reform Monitor, Jon Van De Kamp, commented that he would welcome the
opportunity to have a lunch session with the interns to provide them with information about
the City of Vernon.
3. City of Vernon Succession Planning.
Human Resource Director Teresa McAllister provided an informative PowerPoint presentation
on the City’s succession planning.
Ms. McAllister responded to questions from the Council regarding potential reclassification of
job titles.
PUBLIC HEARING
4. Public comment on the adoption of the fiscal year 2015-2016 proposed City-wide
Budget.
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June 2, 2015
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Resolution No. 2015-31 – A Resolution of the City Council of the City of Vernon
approving a budget for the fiscal year 2015-2016.
Recommendation:
A. Find that adoption of the proposed resolution is exempt from the California
Environmental Quality Act (“CEQA”), because adoption of the budget is the
creation of a government funding mechanism or other government fiscal activity
that does not involve any commitment to any specific project which may result in
a potentially significant physical impact on the environment and is therefore not a
“project” as defined under Section 15378(b)(4). Further, even if adoption of the
budget were considered a “project,” it would be exempt from CEQA review 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
B. Adopt a resolution approving the citywide balanced budget for fiscal year 2015-
2016, with estimated budgeted revenues and expenditures of $340,274,333.
City Administrator Mark Whitworth briefly introduced the item.
Director of Gas and Electric Carlos Fandino provided a PowerPoint presentation on the
department’s budget in addition to the presentation provided on May 19.
Fire Chief Mike Wilson provided a PowerPoint presentation on the department’s budget in
addition to the presentation provided on May 5.
Mayor McCormick opened the public hearing at approximately 9:50 a.m.
Council had questions regarding a potential citywide budget cut of 5-10%; how Vernon costs
compare to other cities; expenditure areas of concern; etc. Mr. Whitworth and various
Department Heads responded to questions.
Public Comment:
Peter Corselli
Mr. Corselli announced the recent letter sent to Council and City Clerk from U.S. Growers.
Expressed objections to rate increases and requests the City have a consultant firm conduct a
cost analysis.
Mr. Van De Kamp commended Councilmember Ybarra for her questions and made suggestions
for future consideration of budget items by the Council.
Mayor McCormick closed the public hearing at approximately 10:46 a.m.
It was moved by Martinez and seconded by Davis to approve Resolution No. 2015-31, Motion
carried, 5-0.
CONSENT CALENDAR
It was moved by Davis and seconded by Woodruff-Perez 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
5. Claim for Damages received on May 7, 2015 from Pacific Bell/ AT&T in the amount
of $1,674.58.
Warrant Registers
6. Ratification of the following City Warrant Registers to record the following voided
checks:
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June 2, 2015
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A. City Warrant Register No. 1422 to record voided Check No. 347264 in the amount
of $150.00; and
B. City Warrant Register No. 1423 to record voided Check No. 347354 in the amount
of $225.00.
7. Approval of City Warrant Register No. 1425, totaling $577,690.77, which covers the
period of May 12 through May 25, 2015 and consists of the following:
A. Ratification of wire transfers totaling $577,690.77; and
B. Ratification of the issuance of early checks totaling $357,468.37; and
C. Authorization to issue pending checks totaling $193,605.43.
8. Approval of Light & Power Warrant Register No. 390, totaling $4,715,022.43, which
covers the period of May 12 through May 25, 2015 and consists of the following:
A. Ratification of wire transfers totaling $4,677,234.27; and
B. Ratification of the issuance of early checks totaling $23,855.39; and
C. Authorization to issue pending checks totaling $13,932.77.
9. Approval of Gas Warrant Register No. 178, totaling $493,935.81, which covers the
period of May 12 through May 25, 2015 and consists of the following:
A. Ratification of wire transfers totaling $478,902.84; and
B. Ratification of the issuance of early checks totaling $15,032.97.
City Administration Department
10. Council Conference Attendance Report to the 2015 California Contract Cities
Association 56th Municipal Seminar.
Recommendation:
A. Receive and file the Council Conference Attendance Report.
11. Council Conference Attendance Report to the Southern California Association of
Governments Regional Conference and General Assembly.
Recommendation:
A. Receive and file the Council Conference Attendance Report.
Fire Department
12. Activity Report for the period of May 1 through May 15, 2015, to be received and
filed.
Police Department
13. Activity Log and Statistical Summary of Arrests and Activities for the period of May
1, through May 15, 2015, to be received and filed.
NEW BUSINESS
Gas and Electric Department
14. Resolution No. 2015-32 – A Resolution of the City Council of the City of Vernon
repealing Resolution No. 8927 and authorizing the Director of Gas & Electric to buy,
sell, and exchange emission reduction credits and reclaim trading credits).
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June 2, 2015
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Recommendation:
A. Find that transactions involving Reclaim Trading Credits and Emission Reduction
Credits are 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, because such transactions do not have an impact; and
B. Repeal Resolution No. 8927 wherein the Acting City Clerk was granted authority
to purchase, sell, or exchange ERCs for the City with full power and authority to
determine the nature and terms of any such purchase. Ordinance No. 1200, passed
in 2012, annulled Resolution No. 8927 making it not legally valid; and
C. Authorize the Director of Vernon Gas & Electric, or his/her designee, to buy, sell
and exchange Emission Reduction Credits and Reclaim Trading Credits based on
Vernon’s current Competitive Bidding and Purchasing Ordinance.
Mr. Fandino gave a brief report on the proposed resolution.
Mr. Van De Kamp inquired as to the potential $15 million revenues and if they would be
used toward capital improvement.
Mr. Fandino and Bill Fox (Director of Finance) responded to Mr. Van De Kamp
explaining the restrictions of these specific funds.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-32, Motion
carried, 5-0.
Public Works, Water and Development Services Department
15. Resolution No. 2015-33 – A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of an agreement regarding release of deed
restriction and joint escrow instructions with DP Vernon, LLC and Bel Air Soto,
LLC for the property located at 5001 S. Soto Street.
Recommendation:
A. Find that approval of the agreement regarding release of deed restriction 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 Agreement Regarding Release of Deed Restriction and Joint Escrow
Instructions with DP Vernon, LLC (DP Vernon) and Bel Air Soto, LLC (Bel Air
Soto) for the property located at 5001 S. Soto Street.
Economic Development Manager and Successor Agency Staff Alex Kung provided a report
on the proposed resolution.
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2015-33, Motion
carried, 5-0.
16. Accept the Quitclaim Deed (Regarding Electrical Easement) at 5001 Soto Street.
Recommendation:
A. Find that the acceptance of the proposed Quitclaim Deed 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 a significant effect on the environment; and
B. Accept the Quitclaim Deed and authorize the Mayor to execute said documents.
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June 2, 2015
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Director of Public Works, Water and Development Services Kevin Wilson provided a report
on the proposed Quitclaim Deed.
It was moved by Martinez and seconded by Davis to approve Quitclaim Deed, Motion carried,
5-0.
17. Resolution No. 2015-34 – A Resolution of the City Council of the City of Vernon
declaring a Phase II Water Supply Shortage pursuant to section 25.104 of the
Vernon Municipal Code.
Recommendation:
A. Find that declaring a Phase II Water Supply Shortage pursuant to Vernon Municipal
Code § 25.104 is exempt under the California Environmental Quality Act (CEQA)
in accordance with (a) 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)
Section 15307, because it is an action taken by a regulatory agency to assure the
“maintenance, restoration, or enhancement” of natural resources and includes
procedures to protect the environment; and
B. Adopt the resolution declaring a Phase II Water Supply Shortage pursuant to
Vernon Municipal Code Section 25.104.
Mr. Wilson provided a brief report on the City’s ability to meet water reduction rates.
It was moved by Davis and seconded by Martinez to approve Resolution No. 2015-34, Motion
carried, 5-0.
18. Approval of Encroachment License No. 418 between the City of Vernon and Exide
Technologies.
Recommendation:
A. Find that the approval of the Encroachment License Agreement is exempt under
the California Environmental Quality Act (“CEQA”), in accordance with (a) CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects
which have the potential for causing a significant effect on the environment; and
(b) CEQA Guidelines Section 15308, which categorically exempts those actions
taken by regulatory agencies, as authorized by state or local ordinance, to assure
the maintenance, restoration, enhancement, or protection of the environment where
the regulatory process involves procedures for protection of the environment; and
B. Approve Encroachment License Agreement No. 418 between the City of Vernon
and Exide Technologies Inc.
Mr. Wilson provided a brief report on the proposed encroachment license.
It was moved by Ybarra and seconded by Woodruff-Perez to approve Encroachment License
No. 418, Motion carried, 5-0.
19. Approval of Agreement between the Los Angeles Gateway Region Integrated
Regional Water Management Joint Powers Authority and the City of Vernon.
Recommendation:
A. Find that approval of the proposed Agreement between the Los Angeles Gateway
Region Integrated Regional Water Management Joint Powers Authority (Gateway)
and the City of Vernon (hereinafter referred to as “Agreement”) for cost sharing for
the installation of monitoring equipment and monitoring pursuant to the Harbor
Toxic Pollutants Total Maximum Daily Load (TMDL) (also known as the
Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters
Toxic Pollutants TMDL) 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 a significant effect on the environment; and
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June 2, 2015
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B. Authorize the City Administrator to execute the Agreement, between the Gateway
and the City of Vernon for cost sharing for the installation of monitoring equipment
and monitoring pursuant to the Harbor Toxic Pollutants TMDL. The City of
Vernon’s proportional share of costs for the installation of monitoring equipment
and monitoring to be incurred in accordance with the cost share formula in Exhibit
A of this Agreement is for a not-to-exceed amount of $2,504.96 for the first year
and $1,067.00 per year for the second and third year. The term of this Agreement
commences July 1, 2015 through June 30, 2018.
Mr. Wilson provided a brief report on the proposed agreement.
It was moved for approval by Davis and seconded by Martinez, Motion carried, 5-0.
20. Approval of a Fire Lane Easement at 3200 Washington Boulevard from Every Bear
Investments LLC.
Recommendation:
A. Find that the acceptance of the proposed Fire Lane 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 a significant effect on the environment; and
B. Accept the Fire Lane Easement and authorize the Mayor to execute said documents.
Mr. Wilson provided a brief report on the proposed easement.
It was moved by Ybarra and seconded by Woodruff-Perez to accept and execute the Fire Lane
Easement, Motion carried, 5-0.
ORDINANCES
21. Ordinance No. 1229 - An Ordinance of the City Council of the City of Vernon adding
Article XVI to Chapter 24 of the Vernon Municipal Code relating to expedited
permitting procedures for small residential rooftop solar systems. (first reading)
Recommendation:
A. Find that the adoption of an ordinance related to an expedited permitting procedure
for small residential rooftop solar systems 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 a significant effect
on the environment; and
B. Approve the first reading of an ordinance Related to an Expedited Permitting
Procedure for Small Residential Rooftop Solar Systems.
Mr. Wilson provided a brief report on the proposed ordinance.
Mr. Van De Kamp asked as to whether or not this item might be referred to the Housing
Commission.
Council had questions regarding the parameters of the permits for the residential rooftop solar
systems. Mr. Wilson responded accordingly.
It was moved by Ybarra and seconded by Davis to approve Ordinance No. 1229 for first
reading, Motion carried, 5-0.
ORAL REPORTS
22. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
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June 2, 2015
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Police Chief Daniel Calleros reported on the following: a commercial burglary on May 30; an
officer observed vehicles in a speed contest on June 1; and Vernon PD received about $1
million in civil forfeiture funds during a seven year period from 2006 – 2013.
Police Captain Michael Gillman reported on vandalism that occurred on Fruitland Ave.
Captain Gillman also took note of a few areas of possible vandalism reported by the City
Council.
Fire Chief Michael Wilson provided an update on the following: the MDA Fill-the-Booth
fundraiser collected over $20,000 in donations; several more reserve firefighters have been
hired and will be participating in a mini-academy in June; trainings on: Firefighter Survival
Training, Heavy Fire Flashover, Strike Team Leader, and Area E HazMat Decon; and, lastly,
that there were no significant incidents to report at this time.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
following: a presentation on the Eco-Rapid Transit Project will be provided for the Council at
the next meeting; replacement of the energy generator in the basement; a portion of the building
formerly known as the “Catalina building” was demolished for construction of a parking lot.
Director of Gas and Electric Carlos Fandino reported on recent power outages.
Finance Director William Fox provided a brief update on the following: continuing process for
insurance renewals; information regarding the State of California unclaimed property website;
annual audit is ongoing and progressing without any significant items of concern as of yet.
Director of Health and Environmental Control Leonard Grossberg provided a brief update on:
having attended the DTSC community advisory group meeting to assist with the upcoming
review and closure plan for Exide facility; and the Green Vernon Commission’s recent
subcommittee meeting to discuss rendering odors AQMD Rule 415.
Director of Human Resources Teresa McAllister announced the June 10 Employee
Appreciation BBQ and invited the Council to attend.
Economic Development Manager and Successor Agency Staff Alex Kung reported on the
recent DTSC meeting he attended in regards to Exide’s closure plan.
Senior Advisor to the City Administrator Fred MacFarlane provided an update on: Vernon
Quarterly Issue 9; Vernon Quarterly – Special Edition; and the recent walkthrough of Vernon
Village Park that included Senate President Pro Tempore Kevin De Leon, City
Councilmembers, and various City staff, etc.
City Deputy Administrator Kristen Enomoto provided an update on the following: Vernon
Housing Commission upcoming meeting, Wednesday, June 10; noticing to be issued to tenants
of units that are to be sold or remodeled; expiring terms of four positions on the Vernon
Housing commission in August.
City Administrator Mark Whitworth provided updates and reports on the following: he and
Kevin Wilson attended the recent Gateway COG meeting; upcoming Annual League of
California Cities conference; Vernon Business and Industry Commission meetings to date; and
an update on the Docket 2 grants from the Vernon CommUNITY Grant Fund Committee.
23. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided.
Mayor McCormick recessed the meeting at 11:59 a.m. and reconvened the meeting at 12:05 p.m.
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June 2, 2015
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CLOSED SESSION
At 12:05 p.m. the City Council entered into closed session to discuss the following agendized
items:
1. 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.
2. 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: Pechiney Cast Plate, Inc.
Under Negotiation: Price and Terms of Second Amendment Agreement
At 12:26 p.m. the City Council exited closed session. Deputy City Attorney Brian Byun announced
that there was no reportable action from closed session.
With no further business, at 12:27 p.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk