2015-08-04 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, AUGUST 4, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Ybarra, Martinez and Woodruff-Perez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick, who also led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that Item No. 2, the presentation of the California Highway Patrol
“10851” Grand Theft Auto Recovery Award, is postponed to the August 18, 2015 City Council
meeting.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. The public will also be given
an opportunity to comment on matters on the posted agenda during Council deliberation.
There was no response.
PRESENTATIONS
1. Senator Ricardo Lara’s (33rd Senate District) Young Senators Program.
Jesus Diaz, Field Representative for Ricardo Lara introduced the program and participant Alyssa
Bravo, Vernon resident.
Bravo presented on her experience in the program.
2. California Highway Patrol “10851” Grand Theft Auto Recovery Award.
Item is postponed to the August 18, 2015 City Council meeting.
3. Badge Presentation Ceremony for new Fire Engineer, Jason Rosa.
Fire Chief Michael Wilson reported on the promotion. Newly appointed Fire Engineer Rosa
thanked the Council, Fire Chief, crew and family for the support and opportunity.
4. Financial update for Fiscal Year ending June 30, 2015.
Finance Director William Fox conducted the presentation.
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. None
Warrant Registers
6. Approval of City Warrant Register No. 1429, totaling $2,132,199.60, which covers
the period of July 14, through July 27, 2015, and consists of the following:
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A. Ratification of wire transfers totaling $1,757,002.24; and
B. Ratification of the issuance of early checks totaling $193,300.61; and
C. Authorization to issue pending checks totaling $81,896.75.
7. Approval of Light & Power Warrant Register No. 394, totaling $6,189,431.15, which
covers the period of July 14, through July 27, 2015, and consists of the following:
A. Ratification of wire transfers totaling $6,108,687.04; and
B. Ratification of the issuance of early checks totaling $52,073.95; and
C. Authorization to issue pending checks totaling $28,670.16.
8. Approval of Gas Warrant Register No. 182, totaling $23,095.04, which covers the
period of July 14, through July 27, 2015, and consists of the following:
A. Ratification of the issuance of early checks totaling $16,722.05; and
B. Authorization to issue pending checks totaling $6,372.99.
9. Approval of RDA Obligation Fund Warrant Register No. 25, totaling $7,000.00,
which covers the period of April 2, through July 27, 2015, and consists of the
following:
A. Ratification of the issuance of early checks totaling $7,000.00.
10. Approval of Asset Forfeiture State Warrant Register No. 1, totaling $124,960.00,
which covers the period of July 14, through July 27, 2015, and consists of the
following:
A. Ratification of the issuance of early checks totaling $124,960.00; and
City Administration Department
11. Report on Contracts Exempt from Competitive Selection by the City Administrator.
Recommendation:
A. 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.
Fire Department
12. Activity Report for the period of July 1 through July 15, 2015, to be received and
filed.
Police Department
13. Activity Log and Statistical Summary of Arrests and Activities for the period of July
1, through July 15, 2015, to be received and filed.
Public Works, Water and Development Services Department
14. June 2015 Monthly Building Department Report, to be received and filed.
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NEW BUSINESS
City Administration Department
15. Ratification of Mayor’s Appointment of Eligible Individuals to Serve on the Vernon
Housing Commission for New Four-Year Terms Beginning August 11, 2015 and
Ending June 30, 2019.
Recommendation:
A. Find that ratification of the Mayor’s appointment of eligible individuals requested
in this staff report is exempt from the California Environmental Quality Act
(CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
B. Ratify the Mayor’s appointment of the following eligible individuals to serve on
the Vernon Housing Commission for new four-year terms beginning August 11,
2015:
Mayor’s Appointment Eligible Appointment Category
John Kriste (Incumbent) Resident (Non-City Council member)
Steve Florman Business Representative
Kyle Cooper Business Representative
Hector Garcia (Incumbent) Business Employee
It was moved by Martinez and seconded by Davis to ratify the Mayor’s appointment of the above
referenced to the Vernon Housing Commission. Motion carried, 5-0.
16. Proposed “Opt-Out” Opportunity for Vernon Tenants Impacted by the Vernon
Housing Remodel Project.
Recommendation:
A. Find that approval and authorization of the proposed “opt-out” option related to the
remodel of City-owned housing units 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 and authorize staff to provide the seven tenants impacted by the proposed
Vernon Housing Remodel Project an “opt-out” opportunity.
Councilmembers Martinez and Ybarra both made statement recusing themselves from the
proposed due to a conflict of interest as they both live in City owned housing and a decision on
whether to opt-out of the currently pending remodel program will have a direct, reasonable
foreseeable and material effect on their personal finances. Specifically, the proposed
improvements will result in an increase to their rent.
Both Martinez and Ybarra exited the Council Chamber.
Deputy City Administrator Kristen Enomoto reported on and explained the reasoning for the
proposed.
In response to Mayor Pro-Tem Davis, Enomoto reported on the funds to be used to cover the
remodel expenses.
It was moved by Davis and seconded by Woodruff-Perez to approve and make available the “opt-
out” opportunity to the seven tenants impacted by the Vernon Housing Remodel Project. Motion
carried, 3-0.
Councilmembers Martinez and Ybarra reentered the Chamber and the meeting.
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Fire Department
17. Resolution No. 2015-51 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of a master lease purchase agreement by
and between the City of Vernon and Oshkosh Capital for two 2016 Pierce PUC
Triple Combination Pumpers.
Recommendation:
A. Find that approval of the proposed resolution is exempt from California
Environmental Quality Act ("CEQA") review, because it is an administrative
purchasing 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, because such
activity will not have any effect on the environment, 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. Adopt the resolution establishing the terms set with Oshkosh Capital for the
recently approved ten (10) year Lease-Purchase Agreement for two (2) 2016 Pierce
PUC Triple Combination Pumpers.
Fire Chief Michael Wilson reported on the proposed.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2015-51. Motion
carried, 5-0.
Gas and Electric Department
18. Resolution No. 2015-52 - A Resolution of the City Council of the City of Vernon
approving an amended City of Vernon utilities department rules for electric service.
Recommendation:
A. Find that the approval of the City of Vernon Revised Electric Rule No. 2 is exempt
from California Environmental Quality Act (“CEQA”) review because it is general
policy and procedure making 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 §15378; and
B. Approve the resolution to thereby, amend Section (H.2) of Rule 2 of the City of
Vernon’s Rules for Electric Service to state that effective August 4, 2015 customers
being served by the Customer-Financed Added Facilities shall pay a monthly
charge of 0.33% of the amount advanced, and customers being served by City-
Financed Added Facilities shall pay a monthly charge of 1.0% of the additional cost
associated with the Added Facilities. Changes are being requested to the following
City documents: Electric Service Rule No. 2 - Description of Service.
Electrical Resources Planning & Development Manager Abraham Alemu provided the oral repot
on the proposed.
In response to Mayor Pro-Tem Davis, Alemu clarified when the proposed will impact businesses.
It was moved by Ybarra and seconded by Davis to approve Resolution No. 2015-52. Motion
carried, 5-0.
19. Resolution No. 2015-53 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of an added facilities agreement by and
between the City of Vernon and Grand Packaging Inc.
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Recommendation:
A. Find that the approval of an Added Facilities Agreement with Command Packaging
is categorically exempt from the California Environmental Quality Act (“CEQA”)
pursuant to CEQA Guidelines §15301(b), because this approval will merely lead to
the possible construction of additional laterals and related meters to deliver electric
service, and such construction is, at most, a negligible expansion of the existing
facilities of the City’s electric utility; and
B. Approve the resolution to thereby permit the execution of an Added Facilities
Agreement by and between the City of Vernon and Grand Packaging Inc. pursuant
to Rule No. 2.H which provides long-term benefits for the Customer and the
Department.
Electrical Resources Planning & Development Manager Abraham Alemu provided the oral report.
It was moved by Woodruff-Perez and seconded by Martinez to approve Resolution No. 2015-53.
Motion carried, 5-0.
20. Resolution No. 2015-54 - A Resolution of the City Council of the City of Vernon
approving and adopting the natural gas rebate program for customers connected to
the City’s gas distribution system.
Recommendation:
A. The City Council find that the approval of a CARB Rebate Program 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 approving, establishing and implementing a natural gas CARB
Rebate Program to customers connected to City’s gas distribution system. The
Program will be funded through rate schedule, “G-CARB” covering the cost of
greenhouse gas emission allowances associated with the “cap-and-trade” program
initiated by the California Air Resources Board (“CARB”); and
C. Find that the Natural Gas Rebate Program as attached to the resolution be approved
with an effective date of September 1, 2015.
Electrical Resources Planning & Development Manager Abraham Alemu reported on the
proposed.
It was moved by Ybarra and seconded by Davis to approve Resolution No. 2015-54. Motion
carried, 5-0.
21. Request for Approval of an Agreement with Absolute International Security, Inc. in
Response to the City’s Request for Proposals for Unarmed Security Guard Services.
Recommendation:
A. Find that proposed agreement by and between the City of Vernon and Absolute
International Security, Inc. (“AIS”) 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, because the agreement does not have an impact; and
B. Accept the proposal from AIS as the most qualified and cost effective respondent,
rejecting all other proposals; and
C. Award and authorize the execution of the services agreement by and between the
City of Vernon and Absolute International Security, Inc., in substantially the same
form as submitted with the staff report, for unarmed security guard services. The
proposed contracted services equate to a total compensation amount not-to-exceed
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$253,294.00 per year, with an incremental increase of up to 5% to be considered
over the three (3) year term of the agreement.
Electrical Resources Planning & Development Manager Abraham Alemu reported on the proposed
agreement for unarmed security guard services.
In response to Mayor McCormick, Alemu confirmed the patrolling of the sites.
Mark Warm of Absolute International Security Inc. reported on the company’s experience and
proposed plan. Warm further reported on the staffing in response to Mayor Pro-Tem Davis’
inquiry.
It was moved by Martinez and seconded by Ybarra to approve an agreement with Absolute
International Security Inc. for unarmed security guard services. Motion carried, 5-0.
Human Resources Department
22. Adoption of City of Vernon Personnel Policies and Procedures,
Harassment/Discrimination Free Workplace III-7 (new format) and Voluntary
Respiratory Safety Equipment – Non-Safety Personnel VI-1 (new).
Recommendation:
A. Find that approval of the proposed personnel policy and procedures is exempt from
California Environmental Quality Act (“CEQA”) review, because it is a general
policy and procedure making 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, because such activity will not have any effect on the environment, 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 a
significant effect on the environment; and
B. Adopt the Personnel Policy and Procedures, Harassment/Discrimination Free
Workplace III-7 (new format) and Voluntary Respiratory Safety Equipment – Non-
Safety Personnel VI-1 (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.
Human Resources Director Teresa McAllister reported on the proposed policies. In response to
Mayor Pro-Tem Davis, McAllister reported on the potential fiscal impact.
It was moved by Davis and seconded by Woodruff-Perez to adopt the Personnel Policies and
Procedures. Motion carried, 5-0.
Police Department
23. Authorize the Donation of 2005 Chevy Tahoe to the City of San Fernando Police
Department Reserve Officer Program.
Recommendation:
A. Find that approval of the proposed donation 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. Authorize the donation of a surplus 2005 Chevy Tahoe Patrol Vehicle, to be
conveyed to the City of San Fernando Police Department Reserve Officer Program;
and
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C. Enter into a donation and release agreement, in substantially the same form as
submitted with the staff report, with the City of San Fernando Police Department,
to use and retain as needed by the Reserve Police Officer Program.
Police Chief Daniel Calleros reported on the proposed donation.
It was moved by Ybarra and seconded by Woodruff-Perez to authorize the donation of the 2005
Chevy Tahoe to the City of San Fernando Police Department. Motion carried, 5-0.
Public Works, Water and Development Services Department
24. 5-Year Capital Improvement Plan 2015-2020.
Recommendation:
A. Find that review of the proposed 5-Year Capital Improvement Plan FY 2015-20 is
not a project pursuant to the California Environmental Quality Act (“CEQA”)
Guidelines Section 15378(b) because such activity has no potential for resulting in
any change (direct or indirect, physical or otherwise) in the environment, is purely
administrative in nature and concerns general government fiscal activity that does
not involve any commitment to any specific project; and
B. Review and provide direction and comments regarding the proposed 5-Year Capital
Improvement Plan.
Director of Public Works, Water and Development Services Kevin Wilson presented on the plan.
In response to Mayor Pro-Tem Davis’ concerns, Wilson reported on the condition of the
underground waterlines and noted that it is not anticipated that they would need replacement within
the proposed plan.
Councilmember Ybarra expressed concerns regarding the traffic flow on Santa Fe Avenue. Wilson
advised that the issue is not within the scope of this plan, but that the Department intends to
reevaluate the matter.
In response to Independent Reform Monitor John Van de Kamp, Wilson confirmed that the
proposed capital improvements for the current fiscal year are budgeted items. Wilson further
explained the pavement condition index and projections concerning underground waterlines.
It was moved by Ybarra and seconded by Martinez to receive and file the 5-Year Capital
Improvement Plan. Motion carried, 5-0.
ORDINANCES
25. Approval of the following ordinances Granting U.S. Tow, Inc. and Mr. C’s Towing
of South Gate Inc., A Franchise Towing Services Agreement:
Ordinance No. 1231 - An Ordinance of the City Council of the City of Vernon
granting to U.S. Tow, Inc., a franchise towing services agreement.
Ordinance No. 1232 - An Ordinance of the City Council of the City of Vernon
granting to Mr. C’s Towing of South Gate, Inc., a franchise towing services
agreement
Recommendation:
A. Find that approval of a services agreement with US Tow Inc. and Mr. C’s Towing
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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B. Hold the first reading of the proposed Ordinance granting to U.S. Tow, Inc., a
franchise towing services agreement; and
C. Hold the first reading of the proposed Ordinance granting to Mr. C’s Towing of
South Gate, Inc., a franchise towing services agreement; and
D. Authorize the Mayor to execute the franchise agreements on behalf of the City.
Mayor McCormick introduced the Ordinances by title.
Police Chief Daniel Calleros reported on the proposed franchise agreements and the request for
proposal (RFP) process.
In response to Councilmember Woodruff-Perez, Calleros reported that H.P. Tow Inc. (HP Tow)
currently provides the services.
In response to Mayor McCormick, Calleros further reported on the RFP review and selection
process.
Jimmy Sandhu of HP Tow provided material to the Council on the company’s services. Sandhu
reported on the services provided to the City, questioned the integrity of the RFP process and
requested that the Council table the matter until additional information is provided.
Calleros provided a response to Sandhu’s comments and in response to the Councilmembers
inquires, reported on HP Tow’s service.
Paul Mendez, legal representation for HP Tow, reiterated the company’s concerns.
Jerry Brown of Mr. C’s Towing of South Gate, Inc., (Mr. C’s Towing) reported on his company’s
experience and on the proposed service plan for Vernon. Brown also reported on his involvement
with the community.
Kenneth Spiker of Spiker Consulting Group spoke on behalf of HP Tow. He urged the Council to
reevaluate the RFP process.
Richard Kettering of U.S. Tow, Inc. reported on his company’s experience and level of service.
Angel Sotelo of the South Gate Chamber of Commerce spoke on behalf of Mr. C’s Towing and
praised their level of service.
Sandra Orozco, local activists, recommended that the Council table the matter. Orozco spoke on
HP Tow’s behalf.
Dell Singh, Operations Manager at HP Tow, reasoned that HP Tow offers the same services as the
competing companies. He urged the Council to review the facts before making a decision.
Josie Guadalajara, Dispatch Supervisor at HP Tow, urged the Council to consider the impact of
their decision on the employees of HP Tow.
Calleros confirmed for Councilmember Ybarra the RFP requirement after three years of service.
In response to Mayor Pro-Tem Davis, Calleros reported on the importance of a service agreement
to set standards.
Councilmember Woodruff-Perez requested additional time and requested the scoring information
for the RFP.
It was moved by Davis and seconded by Ybarra to table the matter to the August 18, 2015 Council
meeting. Motion carried, 5-0.
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DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF
26. 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.
Deputy City Administrator Kristen Enomoto requested that the item be tabled to the next Council
meeting in order to fully address the components from the Council’s previous discussion.
It was moved by Ybarra and seconded by Davis to table the item to the next Council meeting,
August 18, 2015. Motion carried, 5-0.
ORAL REPORTS
27. 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: auto burglary arrest on July 24, child
endangerment arrest on July 27, ongoing investigation on a physical altercation that occurred on
June 5, and ongoing investigation of possible substance abuse that resulted in an injury traffic
collision.
Police Captain Michael Gillman announced that there has been no reports of vandalism since the
last Council meeting. Mayor McCormick reported on vandalism throughout the City.
Fire Chief Michael Wilson reported on the following: Mutual aid provided on August 1 to Shasta
County, training for multi victim incidents, responses to a fall victim on July 22, a man down on
July 25, assistance to the City of Long Beach as a result of the power outage on July 30, a
commercial fire on July 30, and a vehicle accident involving a power pole on August 1. Wilson
also announced the passing of former retired Fire Chief Steve Parker on August 2.
Director of Public Works, Water and Development Services Kevin Wilson provided an update on
the generator replacement at City Hall, and advised that staff will be reviewing the traffic flow and
traffic signal timing on Santa Fe Avenue.
Electrical Resources Planning & Development Manager Abraham Alemu provided an update on
SB350 and its impact. Alemu announced that a distribution generation impact study would be
presented at the next Vernon Business and Industry Commission meeting.
Director of Health and Environmental Control Leonard Grossberg announced that the draft Exide
Technologies closure plan is available for public review.
In response to Councilmember Ybarra, Grossberg advised that contact information for Vernon
resident testing can be provided upon request.
Director of Human Resources Teresa McAllister reported that the online application system is
scheduled to go live within the upcoming weeks. Four additional personnel policies are currently
before the unions as part of the meet and confer process.
Economic Development Manager Alex Kung reported on the Recognized Obligation Payment
Schedule and upcoming Oversight Board meeting on September 3, 2015. Kung also announce the
Vernon Business and Industry Commission meeting on August 13, 2015 at 9:00 a.m.
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Director of Public Works, Water and Development Services Kevin Wilson reported that he will be
providing comment to the Southern Coast Air Quality Management District (SCAQMD) proposed
Rule 415 as it related to zoning and building code requirements.
Senior Advisor to the City Administrator Fred MacFarlane reported on the success of the grand
opening of the Vernon Village Park Apartments. MacFarlane additionally reported on upcoming
plans for Vernon CommUNITY Fund Grant check presentations.
Deputy City Administrator Kristen Enomoto provided an update to the request for proposals (RPF)
process for real estate agent for the sale of the Huntington Park units and on the units themselves.
City Administrator Mark Whitworth reported on the following: meeting with the Chamber of
Commerce, Independent Reform Monitor John Van de Kamp’s report, and the upcoming AB1234
Ethics training to be conducted by Reed and Davidson on August 11.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
Mayor McCormick announced the attendance of Boy Scout Troop as part of their community merit
badge.
CLOSED SESSION
At 12:06 p.m. the City Council entered into closed session to discuss the following agendized item:
29. 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
At 12:10 p.m. the City Council exited closed session. Deputy City Attorney Brian Byun
announced that there was no reportable action.
With no further business, at 12:10, Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk