2015-07-21 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JULY 21, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Ybarra, and Woodruff-Perez
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 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.
Anthony Michael Lides (Community Member)
Mr. Lides expressed gratitude for the life-saving assistance that the Vernon Fire Department
provided in response to a motorcycle accident he had on the 710 Freeway (Chief Mike Wilson
reported on the accident at the last City Council Meeting). Dean Richens, Fire Captain, provided
additional details about the accident and the injuries sustained by Mr. Lides. Mr. Lides resides in
New York, and returned to visit the City of Vernon to express to City Council his appreciation for
the Fire Department.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards.
June 2015 Anniversary
Employee Name Job Title Years
Martin Sanchez Street Maintenance Worker 30
Director of Human Resources Teresa McAllister reported on the item. Mr. Sanchez was present
to receive his Service Pin.
Mayor McCormick announced that Agenda Item #2 would be moved to follow Agenda Item No.
4.
3. Update on the I-710 Freeway Major Investment Study.
Director of Public Works, Water and Development Services, Kevin Wilson introduced the item.
Mr. Wilson introduced Shannon Willits (AECOM), Ernesto Chavez (Los Angeles County
Metropolitan Transportation Authority), and Yvette Kirrin (Gateway Cities Council of
Governments), who each spoke on the different aspects of the 710 Project. The presentation
included items of focus that included: area study, purpose, community participation framework,
project alternatives, timeline, etc.
4. Update of Current Development Projects in the City.
Mr. Wilson gave a PowerPoint presentation on the development that is occurring within the City
and/or any proposed projects. The presentation included slides of different pending projects,
stating that some may or may not come to fruition since they are in their initial stages. Mr. Wilson
also provided information to indicate that there is a rise in development within the city, but was
unclear if this trend would continue and/or for how long.
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July 21, 2015
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Mark Whitworth, City Administrator, explained that although the City may be build-out, there are
older buildings, and there may be a need to reassess and analyze what new businesses the City
may want to attract.
2. California Highway Patrol “10851” Grand Theft Auto Recovery Award.
Agenda Item No. 2 was tabled until next meeting.
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
5. None
Minutes – To be Received and Filed
6. Minutes of the Regular City Council Meeting held June 16, 2015.
7. Minutes of the Regular City Council Meeting held July 7, 2015.
Warrant Registers
8. Ratification of City Warrant Register No. 1427 to record voided Check No. 347913
in the amount of $1,112.67.
9. Ratification of Light & Power Warrant Register No. 392 to record voided Check
No. 511473 in the amount of $500.00.
10. Approval of City Payroll Warrant Register No. 709, totaling $2,680,161.99, which
covers the period of June 1 through June 30, 2015, and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $1,917,448.24; and
B. Checks and electronic funds transfers paid through General bank account totaling
$762,713.75.
11. Approval of City Warrant Register No. 1428, totaling $1,528,651.14, which covers
the period of June 30, through July 13, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,080,305.72; and
B. Ratification of the issuance of early checks totaling $271,148.43; and
C. Authorization to issue pending checks totaling $177,196.99.
12. Approval of Light & Power Warrant Register No. 393, totaling $1,162,091.93, which
covers the period of June 30, through July 13, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,057,003.89; and
B. Ratification of the issuance of early checks totaling $55,211.40; and
C. Authorization to issue pending checks totaling $49,876.64.
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July 21, 2015
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13. Approval of Gas Warrant Register No. 181, totaling $421,357.32, which covers the
period of June 30, through July 13, 2015, and consists of the following:
A. Ratification of wire transfers totaling $419,372.50; and
B. Ratification of the issuance of early checks totaling $1,984.82.
City Administration Department
14. A Proclamation of the Mayor and the City Council of the City of Vernon declaring
the Month of September 2015 as “Childhood Cancer Awareness Month”
15. Report on Contracts Exempt from Competitive Selection by the City Administrator.
Recommendation:
A. Find Receive and file this report as it is being provided for informational purposes
only pursuant to Section 2.17.12(B)(3) of the Vernon Municipal Code.
16. Council Conference Attendance Report to the Independent Cities Association 55th
Annual Summer Seminar.
Recommendation
A. Receive and file the Council Conference Attendance Report.
Fire Department
17. Activity Report for the period of June 16 through June 30, 2015, to be received and
filed.
Health and Environmental Control Department
18. June 2015 Monthly Report, to be received and filed.
19. Receipt and Review of the Annual City of Vernon Jail Inspection Report to the
California Board of Corrections.
Recommendation:
A. Find the submittal and review of the subject documents 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. Receive and File the 2015 Annual City of Vernon Jail Inspection Report.
Police Department
20. Activity Log and Statistical Summary of Arrests and Activities for the period of
June 16, through June 30, 2015, to be received and filed.
NEW BUSINESS
City Administration Department
21. Approval and Authorization of a Local Cash Match Commitment Letter with
Southern California Association of Governments (SCAG) regarding the Los
Angeles River Bikeway Feasibility Study.
Recommendation:
A. Find that the recommended actions are exempt from the California Environmental
Quality Act (“CEQA”), because (a) approval of the Local Cash Match Commitment
Letter is not an “approval” as defined by Section 15352 due to its conditional
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July 21, 2015
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nature; and (b) the City of Vernon is neither the “lead agency” as defined in
Sections 15051 and 15367 nor a “responsible agency” as defined in Section 15381.
Moreover, the actions recommended are statutorily exempt from CEQA review
under CEQA Guidelines Section 15262, because it only involves a feasibility study
for possible future actions which the City of Vernon has not approved, adopted, or
funded; and
B. Approve and Authorize the City Administrator to execute the Local Cash Match
Commitment Letter with SCAG.
Economic Development Manager Alex Kung introduced this item and explained Vernon’s recent
grant award from SCAG, and the City’s corresponding matching funds requirement for technical
feasibility study for a potential bike trail along the L.A. River.
It was moved by Ybarra and seconded by Martinez to authorize a local cash match commitment
letter with SCAG regarding the Los Angeles River Bikeway Feasibility Study. Motion carried,
5-0.
City Attorney Department
22. Approval of an Amendment No. 1 to the Attorney Services Agreement between the
City of Vernon and Liebert Cassidy Whitmore to provide personnel and labor law
attorney services.
Recommendation:
A. Find that approval of the proposed Attorney Services Agreement with Liebert
Cassidy Whitmore is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with CEQA Guidelines section 15061(b)(3), the general
rule that CEQA only applies to projects that may have an effect on the environment;
and
B. Authorize the City Administrator to enter into an Amendment No. 1 to the Attorney
Services Agreement between the City of Vernon and Liebert Cassidy Whitmore, in
substantially the same form as submitted with the staff report, for an additional one-
year period in an amount not to exceed $150,000.00.
Brian Byun, Deputy City Attorney, presented the item and gave information on the one-year
renewal, which was selected after the City’s RFP process.
It was moved by Davis and seconded by Woodruff-Perez to approve amendment no. 1 to the
attorney services agreement with Liebert Cassidy Whitmore. Motion carried, 5-0.
City Clerk Department
23. Resolution No. 2015-50 - A Resolution of the City Council of the City of Vernon
updating City staff members’ appointments to various external agencies and/or
committees.
Recommendation:
A. Find that approval of the proposed Resolution updating Staff’s appointments does
not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the
California Environmental Quality Act (“CEQA”), because it constitutes an
administrative activity; and even if the adoption of the proposed resolution did
constitute a project, it would be exempt from 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. Appoint Staff as delegate(s) and alternate(s) to the following boards of various
agencies and/or committees as follows; and
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July 21, 2015
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1. Gateway Region Integrated Water Management Joint Power
Authority also known as Gateway Water Management Authority
Policy Board.
Appoint Director of Public Works, Water and Development Services as the
delegate; and appoint as alternates, Public Works and Water Superintendent
and Stormwater and Special Projects Analyst.
Previous appointment at the October 2, 2007 City Council Meeting: Kevin
Wilson as the delegate; and Scott Rigg and Woody Natsuhara as the
alternates.
2. Southern California Public Power Authority.
Appoint Director of Gas and Electric as the delegate; and appoint as
alternates the Electrical Resources Planning & Development Manager and
the Utilities Compliance Manager.
Previous appointment, pursuant to Resolution No. 9845: Donal
O’Callaghan as the delegate; Abraham Alemu as the alternate.
3. LA-RICS Authority.
Appoint City Administrator as the delegate, with the authorization to
designate a proxy to vote on behalf of the City.
Previous appointment, pursuant to Resolution No. 9883: Eric Fresch as the
delegate; Steve Towles through letters dated March 30, 2009 and May 11,
2009 appointed as proxy.
C. Adopt a Resolution of the City Council of the City of Vernon designating and
appointing its representatives and alternates to the various boards of the above
referenced agencies to represent the City of Vernon.
Maria Ayala, City Clerk, presented this item, and explained that this item will be presented to
Council in the future on a yearly basis at the same time the Council appointments are made to
external agencies.
Council requested clarification on the title of the positions being appointed as representatives to
the agencies versus the name of the employee. It was clarified that the position would be
appointed, and the individual serving in that capacity will be able to represent the City at those
respective meetings.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-50. Motion
carried, 5-0.
Fire Department
24. Approval to Lease Two (2) 2016 Pierce PUC Triple Combination Pumpers for the
Fire Department.
Recommendation:
A. Find that approval of the proposed lease is exempt under the California
Environmental Quality Act (“CEQA”), because the proposed action is an
administrative activity that will not result in direct or indirect physical changes in
the environment and therefore does not constitute a “project” as defined by CEQA
Guidelines section 15378. Furthermore, even if it were a project, this action would
be exempt from CEQA review pursuant to 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. Approve and authorize the execution of a ten (10) year Lease-Purchase Agreement
with Oshkosh Capital in the amount of $1,321,836.49, in substantially the same
form as submitted with the staff report, for two (2) 2016 Pierce PUC Triple
Combination Pumpers for the Fire Department that will replace two current engines
that were purchased in 1989 and no longer meet the needs of the department.
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July 21, 2015
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Mike Wilson, Fire Chief, introduced the item and explained the process of acquiring the fire
engines, leases, and replacement schedules.
John Van de Kamp, Independent Reform Monitor, asked if this item had been budgeted. Chief
Wilson confirmed that these had been budgeted.
It was moved by Ybarra and seconded by Martinez to approve the lease of two (2) 2016 Pierce
PUC Triple Combination Pumpers. Motion carried, 5-0.
Gas and Electric Department
25. Approve the Antelope DSR 1 Solar Project – Power Sales Agreement by and
between the City of Vernon and the Southern California Public Power Authority.
Recommendation:
A. Find that approval of the Power Sales Agreement (“Agreement”) by and between
the City of Vernon (“City”) and the Southern California Public Power Authority
(“SCPPA”) in connection with the Antelope DSR 1 Solar Project is not subject to
the California Environmental Quality Act (“CEQA”) under Guidelines Section
15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment. Purchasing power is purely a financial transaction, and
any construction that may occur by a private party in the future in reliance on this
approval would be subject to CEQA review by another governmental agency at the
time when actual details of any physical proposal would be more than speculative;
and
B. Approve and authorize the Director of Gas and Electric to execute the Agreement
by and between the City and the SCPPA, in substantially the same form as attached
to the staff report, for the purpose of purchasing solar power with associated green
attributes in compliance with the Renewable Resources Procurement Plan and
Enforcement Program in force at the City. The terms include the purchase of 25
megawatts of solar power for a term of 20 years beginning with the project
commercial operation date; and
C. Approve and authorize the Director of Gas and Electric to execute the Purchase
Option Agreement and the Storage Option Agreement (“Option Agreements”) by
and between the City of Vernon and SCPPA in substantially the same form as
attached to the staff report; and
D. Find that approval of the power sales agreement and the option agreements comply
with the competitive bidding requirements of the Vernon Municipal Code in that:
(a) Vernon Municipal Code § 2.17.12(A)(6) exempts these contracts from the
competitive bidding requirements because each is categorized as a “contract for the
acquisition, sale or transmission of electrical power”; and (b) these contracts are
between SCPPA (a joint powers agency) and Vernon, and Vernon Municipal Code
2.17.12(A)(5) exempts these contracts and all other “contracts with other
governmental entities or their contractors for labor, materials or supplies”. Further,
find that approval of these contracts is consistent with the purposes of the City’s
purchasing regulations because SCPPA conducted a competitive process and
received several proposals, of which, the Antelope DSR 1 Solar Project was the
lowest priced project for projects under 100 megawatts, and the project is scheduled
to begin commercial operation in third quarter of 2016.
Carlos Fandino presented the item and briefly explained the different aspects about the 50
megawatt project.
The Council had questions regarding: the budgeting of this item; and anticipating if whether
or not cost would drop. Mr. Fandino confirmed that it had been budgeted and staff has been
working on this for quite some time. He also added that it would be difficult to determine, at
this point, if the cost would drop or when.
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Mr. Van de Kamp inquired as to how many megawatts the City would be purchasing per year
under this agreement, and what this renewable requirement would mean. Mr. Fandino informed
that the City would be subject to get 25 megawatts of capacity per hour, per year for the contract
term. And that it will increase the purchase of renewables but at a lower cost.
It was moved by Ybarra and seconded by Davis to the Antelope DSR 1 Solar Project, Power Sales
Agreement with Southern California Public Power Authority. Motion carried, 5-0.
Human Resources Department
26. Adoption of City of Vernon Personnel Policies and Procedures, Hours of Work II-4
(new) and Personnel Records and General Personnel Files III-2 (new).
Recommendation:
A. Find that approval of the proposed personnel policy and procedures 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. Adopt the Personnel Policy and Procedures, Hours of Work II-4 (new), Personnel
Records and General Personnel Files III-2 (new) and incorporate into the Personnel
Policies and Procedures Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute
and distribute the above-referenced policies to all employees.
Ms. McAllister introduced the new policies as they are in response to the good governance reforms
and explained each policies impact.
It was moved by Ybarra and seconded by Woodruff-Perez to adopt Personnel Policies and
Procedures, Hours of Work II-4 (new) and Personnel Records and General Personnel Files III-2
(new). Motion carried, 5-0.
ORDINANCES
27. Ordinance No. 1230 - An Ordinance of the City Council of the City of Vernon
amending section 2.123(a) Of Article XVII of Chapter 2 of the Vernon Municipal
Code relating to the Vernon Housing Commission. (second reading)
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. Adopt the Ordinance to amend Section 2.123(a) of the Vernon Municipal Code to
establish Commission Member terms to run from July 1 through June 30, effective
July 1, 2019 for four of the seven seats, and effective July 1, 2021 for the three
remaining seats; and
C. Include uncodified sections to establish the following upcoming terms in order to
fully effectuate the July 1 through June 30 terms:
Appointing Category Term
Resident/Council Member August 11, 2017 – June 30, 2021
Resident No. 1 August 11, 2017 – June 30, 2021
Resident No. 2 August 11, 2015 – June 30, 2019
Business Representative No. 1 August 11, 2015 – June 30, 2019
Business Representative No. 2 August 11, 2017 – June 30, 2021
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July 21, 2015
Page 8 of 10
Business Representative No. 3 August 11, 2015 – June 30, 2019
Employee of Vernon Business August 11, 2015 – June 30, 2019
Mayor McCormick announced the proposed ordinance by title.
Kristen Enomoto, Deputy City Administrator, reported on the item.
On a motion by Davis and second by Woodruff-Perez, City Clerk Maria Ayala took a roll call vote
as follows:
Ayes: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez
Noes: None Abstentions: None Absent: None
DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF
28. Discussion of Proposed Elimination of Priority for First Responders in Leasing City-
Owned Housing.
Recommendation:
A. Hold a discussion regarding the joint recommendation made by the Housing
Commission and City staff to eliminate the priority for first responders in leasing
City-owned housing.
B. If the City Council concurs with the aforementioned recommendation, direct staff
to prepare an ordinance to amend Section 2.125(b) of the Vernon Municipal Code
to remove the first responder leasing priority, effective at 5:01 p.m. on December
8, 2015.
Ms. Enomoto introduced the item.
Council held discussion regarding the “First Responder” priority, how it would be determined,
the need for, etc. After considerable discussion the Council agreed to table this item until more
information can be compiled, such as feedback from the businesses.
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: July 7 a reported sexual assault; July 13 a
trailer burglary report; July 15 a sexual battery report; and that detectives have identified a
vandalism suspect that had been committing several acts of vandalism over the last few months.
Police Captain Michael Gillman reported on vandalism that was captured by video on the 4500
Block of Maywood Avenue.
Fire Chief Mike Wilson commended Mr. Lides for coming in to speak about his motorcycle
accident. Mr. Wilson also reported on the following: continued training drills; and the following
significant incidents: alarm fire in the City of Downey, and response to a fully involved tractor
trailer fire.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
following: railroad will be closing Santa Fe Avenue to do repair on railroad tracks; and that the
City will be testing the new generator after working hours to ensure it is properly working.
Mayor McCormick inquired about the City’s past practice in recognizing developers in the City,
and potentially bringing this back. Mr. Wilson responded that he would research what was done,
and bring an update back to Council.
Director of Gas & Electric, Carlos Fandino reported on a recent outage, and an issue at pump house
number 2 with a blown meter. Emergency action is needed to address this issue. Mr. Fandino
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July 21, 2015
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reported on the proposal that was received and work needed. Mr. Wilson affirmed that this is an
urgent matter that requires immediate attention. Mr. Byun also stated that there are emergency
provisions in the Vernon Municipal Code that allow for any necessary action to take place in these
matters, with a report back to Council at the its next meeting.
Finance Director William Fox reported that on July 9, the City had its bond sale, with all bonds up
for sale selling within the first hour. Today was the actual closing of the bonds, and the transaction
(with all paperwork) was completed as of this morning 8 a.m. Mr. Fox further explained how the
City’s debt is managed. He will be providing a financial quarterly report.
Director of Health and Environmental Control Leonard Grossberg did not provide a report.
Director of Human Resources Teresa McAllister reported on the recent testing of over 200
applicants for the one vacancy of Accounting Technician.
Alex Kung, Economic Development Manager, reported on the following: CA Competes Workshop
will be held on July 27 herein Council Chambers; the City submitted for a Most Business Friendly
City Award application with the LAEDC; also announced that a Vernon business, Pacific
American Fish Company, was featured in the L.A. Business Journal, and honored at the L.A.
Business Asian Awards. The City would also like to honor and acknowledge them for their
accomplishment. The property across the street from 5001 Soto, the City has received numerous
offers and inquiries about the property. There are some good technology businesses that have
shown interest. He will continue to keep Council apprised.
City Clerk announced the new Office of the City Clerk informative pamphlet for residents that has
been published and will be distributed; announced that from the City’s efforts to start a
collaboration amongst local area City Clerks, the City of Bell and the City of Downey have
committed to hosting City Clerk sessions for the group in the next few months; a presentation to
Council is being prepared to present to Council at its second meeting in August.
Fred McFarlane, Senior Advisor to the City Administrator, reported on the following: July 25
Vernon Village Park Open House, and pertinent information; the True Detective HBO television
series and its fictional storyline that does not necessarily parallel Vernon’s history.
Deputy City Administrator Kristen Enomoto reported on the Housing related matters such as
upcoming Commission seat vacancies, and the upcoming remodel project.
City Administrator Mark Whitworth reported on the following: he, Mr. Kung, the Mayor and the
Mayor ProTem attended the ICA Summer Seminar in Rancho Santo Bernardo, and briefly
summarized some of the topics discussed such as how the State is handling cannabis; held first
year-end review meeting with the Vernon CommUNITY Fund consultant, Jemmott Rollins, and
explained the process and progress; thanked all of the staff that are working with Mr. Van de Kamp
on his report due out on July 31st.
Mr. Van de Kamp thanked staff for getting back to him on his requests for information for his
report. Mr. Van de Kamp recommended to Mr. Kung to look into the idea of recognizing
individual businesses by City Council.
30. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided by the City Council.
Mayor McCormick recessed the meeting at 11:22 a.m. and reconvened at 11:29 a.m.
CLOSED SESSION
At 11:29 a.m. the City Council entered into closed session to discuss the following agendized
items:
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31. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation.
Government Code Section 54956.9(d)(2) & (4)
Number of potential cases: 1
The City is a real party in interest in litigation likely to be brought by certain
environmental groups to challenge a final order of the State Water Board in connection
with a municipal storm sewer system permit order. Pursuant to state law, the
environmental groups have until July 27, 2015 to initiate the litigation to challenge the
administrative body’s final order.
32. CONFERENCE WITH REAL ESTATE NEGOTIATIONS
Government Code Section 54956.8
Property: 3200 Fruitland Ave Vernon, CA
Agency Negotiator: Mark Whitworth, City Administrator/Alex Kung Economic
Development Manager
Negotiating Party: 3200 Fruitland GAP, LLC, Xebec
Under Negotiation: Price and Terms of Assignment and Assumption of Purchase and Sale
Agreement
33. CONFERENCE WITH REAL ESTATE NEGOTIATIONS
Government Code Section 54956.8
Property: 3200 Fruitland Ave Vernon, CA
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
At 11:51 a.m. the City Council exited closed session. Bryan Byun, Deputy City Attorney, reported
out from closed session that for Agenda Item No. 31 the Council unanimously approved the legal
services agreement to represent and defend the City in certain anticipated litigation regarding the
L.A. Municipal MPDES permit. No other reportable action was taken with respect to Agenda Item
Nos. 32 and 33.
With no further business, at 11:52 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk