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2015-09-15 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Tuesday, September 15, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California W. Michael McCormick, Mayor William J. Davis, Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Yvette Woodruff-Perez, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. If you would like to comment concerning a matter that is noticed for a public hearing today, please wait until that hearing is formally opened before making your comment. CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City – Received and Filed 1. None. Regular City Council Meeting Agenda September 15, 2015 Page 2 of 6 Minutes – To be Received and Filed 2. Minutes of the Regular City Council Meeting held August 18, 2015. 3. Minutes of the Regular City Council Meeting held September 1, 2015. Warrant Registers 4. Approval of City Payroll Warrant Register No. 711, totaling $3,125,092.29, which covers the period of August 1, through August 31, 2015, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,182,741.18; and B. Checks and electronic fund transfers (EFT) paid through General bank account totaling $942,351.11 5. Approval of City Warrant Register No. 1432, totaling $1,016,427.09, which covers the period of August 25, through September 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $765,169.22; and B. Ratification of the issuance of early checks totaling $176,858.97; and C. Authorization to issue pending checks totaling $74,398.90. 6. Approval of Light & Power Warrant Register No. 397, totaling $7,373,305.69, which covers the period of August 25, through September 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $7,313,621.32; and B. Ratification of the issuance of early checks totaling $38,111.84; and C. Authorization to issue pending checks totaling $21,572.53. 7. Approval of Gas Warrant Register No. 185, totaling $1,617,635.67, which covers the period of August 25, through September 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,593,600.09; and B. Ratification of the issuance of early checks totaling $6,776.00; and C. Authorization to issue pending checks totaling $17,259.58. / / / / / / Regular City Council Meeting Agenda September 15, 2015 Page 3 of 6 City Administration Department 8. Report on FY 2015/2016 Docket I Grants Awarded by Vernon CommUNITY Fund Grant Committee. Recommendation: A. Receive and file the report as it is provided for informational purposes only, pursuant to Section 2.167(e) of the Vernon Municipal Code. Fire Department 9. Activity Report for the period of August 16 through August 31, 2015, to be received and filed. Health and Environmental Control Department 10. August 2015 Monthly Report, to be received and filed. Police Department 11. Activity Log and Statistical Summary of Arrests and Activities for the period of August 16, through August 31, 2015, to be received and filed. NEW BUSINESS City Administration Department 12. Authorization to Issue Purchase Contract to Advanced Utility Systems. Recommendation: A. Find that the approval of a Purchase Contract to Advanced Utility 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 an effect on the environment; and B. Authorize the issuance of a Purchase Contract to Advanced Utility Systems in an amount not to exceed $122,750, for the upgrade of the CIS Infinity billing software used by Vernon Gas & Electric. The issuance of said Purchase Contract is exempt from competitive bidding and competitive selection under the sole source exemption outlined in Section 2.17.12(A)(2) of the Vernon Municipal Code. / / / / / / / / / Regular City Council Meeting Agenda September 15, 2015 Page 4 of 6 Health and Environmental Control Department 13. Approval of an Operations & Maintenance Agreement between the City of Vernon and the California Department of Toxic Substances Control for the former Thermador Industrial Site, 5119-5309 District Blvd. Recommendation: A. Find that approval of the Operations & Maintenance Agreement 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 City Administrator, or his designated representative, to enter into an Operations & Maintenance (O & M) Agreement between the City of Vernon and the California Department of Toxic Substances Control (DTSC). 14. Approval of an Amendment No. 1 to the Services Agreement between the City of Vernon and MSW Consultants, Inc., for Solid Waste Consulting Services. Recommendation: A. Find that approval of the proposal Services Agreement with MSW Consultants, Inc., 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 City Administrator to enter into an Amendment No. 1 to the Services Agreement between the City of Vernon and MSW Consultants, Inc., in substantially the same form as submitted herewith, for an additional one-year period in the amount not to exceed $260,000.00. Human Resources Department 15. Adoption of Updated City of Vernon Personnel Policy and Procedure, Family and Medical Leave Policy V-4. Recommendation: Items A-C: A. Find that approval of the proposed personnel policy and procedure in this staff report 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 Regular City Council Meeting Agenda September 15, 2015 Page 5 of 6 B. Adopt the attached Personnel Policy and Procedure, Family and Medical Leave Policy V-4 (updated) 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 policy to all employees. 16. A Resolution of the City Council of the City of Vernon approving the application for an Industrial Disability Retirement by Benjamin Potter pursuant to Government Code Section 21156. Recommendation: A. Find that approval of the attached resolution approving the application for an Industrial Disability Retirement by Benjamin Potter 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 a resolution approving the application for an Industrial Disability Retirement, pursuant to Government Code section 21156, based on medical evidence that Mr. Potter is substantially incapacitated from the performance of his usual and customary duties as a Police Officer for the City of Vernon. ORDINANCES 17. Adoption of the following ordinances Granting U.S. Tow, Inc. and HP Automotive & Tow 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. (Second reading) Ordinance No. 1233 - An Ordinance of the City Council of the City of Vernon granting to HP Automotive & Tow Inc., a franchise towing services agreement. (Second reading) Recommendation: Items A-D: A. Find that approval of a services agreement with US Tow Inc. and HP Automotive & Tow Inc., 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 Regular City Council Meeting Agenda September 15, 2015 Page 6 of 6 B. Adopt the proposed Ordinance No. 1231 granting to U.S. Tow, Inc., a franchise towing services agreement; and C. Adopt the proposed Ordinance No. 1233 granting to HP Automotive & Tow Inc., a franchise towing services agreement; and D. Authorize the Mayor to execute the franchise agreements on behalf of the City. ORAL REPORTS 18. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 19. City Council Reports – brief report on activities, announcements, or directives to staff. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 10th day of September 2015. By: ________________________________ Maria E. Ayala City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 18, 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. Mayor Pro-Tem Davis led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced once change to the agenda as follows: - Item No. 28, will be pulled until the next City Council Meeting City Clerk, Maria Ayala, announced the following as well: - Agenda Item No. 21, a revised budget sheet for the item is being provided to Council with copies also being made available to 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. Marisa Olguin (Vernon Chamber of Commerce) Ms. Olguin wanted to express appreciation and commend the City’s Police and Fire Departments in their recent response to an emergency situation at the Chamber. Their response time was within three minutes. They were able to save a life. This recent incident shows the need for our public safety departments, and the CERT training that is consistently provided through the City. PRESENTATIONS 1. Personnel Matters - Service Pin Awards. July 2015 Anniversary Employee Name Job Title Years 1. Jose Pereyra Power Plant Operator 25 2. Wenceslao “Pepe” Reynoso Senior building Inspector 30 3. Ali Nourmohamadian (Nour) Utilities Engineering Manager 25 4. Brandon Gray Police Sergeant 20 Director of Human Resources Teresa McAllister reported on the item. The following employees were present to receive their Service Pin: Wenceslao “Pepe” Reynoso; Ali Nourmohamadian; and Jose Pereyra. (Sergeant Gray was not present). 2. Certificates of Appreciation for Exiting Members of the Vernon Housing Commission. Recommendation A. Present certificates of appreciation to W. Michael McCormick, Henry Haskell, and Eric Gustafson in recognition of their dedicated service to the Vernon Housing Commission. Regular City Council Meeting Minutes August 18, 2015 Page 2 of 11 Councilmember Ybarra thanked the outgoing Commission members for their time and service to the City. She presented McCormick, Haskell and Gustafson with Certificates of Appreciation. 3. Swear-in Ceremony. Recommendation A. It is recommended that the City Council instruct the City Clerk to administer the Oath of Office required by Article XX, Section 3 of the Constitution of the State of California for the newly promoted Police Sergeant. Police Chief Daniel Calleros introduced the item by providing a review of the complete testing process conducted. Chief Calleros introduced new Sergeant Jeremy Cross. City Clerk Maria Ayala administered the Oath of Office for Sergeant Cross. 4. California Highway Patrol “10851” Grand Theft Auto Recovery Award. Chief Calleros introduced the item that would recognize Officers Fernando Valenzuela and Luis Vasquez for their efforts in combatting auto theft in the City. Chief Calleros introduced CHP Lieutenant Hill who presented the awards to the officers, and commended them for their hard work and dedication. Mayor McCormick recessed the meeting at 9:18 a.m. and reconvened at 9:28 a.m. PUBLIC HEARINGS 5. Public Hearing on the City’s conformance with the criteria in the Congestion Management Program (CMP). Resolution No. 2015-55 - A Resolution of the City Council of the City of Vernon finding the City of Vernon to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report, in accordance with California Government code section 65089. Recommendation: A. Find that approval of the 2015 CMP Local Development Report is (i) statutorily exempt from California Environmental Quality Act (CEQA) review in accordance with CEQA Guidelines Section 15276, which expressly exempts the preparation and adoption of a Congestion Management Program by a county congestion management agency like MTA (as defined below) pursuant to Government Code section 65089 et seq. and (ii) categorically exempt pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility that approving the report may have a significant effect on the environment; and B. Adopt a resolution of the City Council of the City of Vernon finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in accordance with California Government Code § 65089. Director of Public Works, Water and Development Services, Kevin Wilson introduced the item. Reporting on the City’s compliance with the program. Mayor McCormick opened the public hearing at 9:33 a.m. No public comment was provided. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-55. Motion carried, 5-0. 6. Public Hearing on Dedeaux Properties, LLC requesting approval of a conditional use permit to construct and operate a commercial/retail facility. Regular City Council Meeting Minutes August 18, 2015 Page 3 of 11 Resolution No. 2015-56 - A Resolution of the City Council of the City of Vernon approving a Conditional Use Permit for Dedeaux Properties, LLC To Construct And Operate A Commercial/Retail Facility Located At 1810 25th Street. Recommendation: A. Find that approval of the proposed Conditional Use Permit is exempt under the California Environmental Quality Act (CEQA) in accordance with Class 32, Section 15332, “In-Fill Development Projects,” because: (i) the Project is consistent with the City’s General Plan and zoning regulations, (ii) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses, (iii) the Project site has no value, as habitat for any endangered, rare or threatened species, (iv) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (v) the site can be adequately served by all required utilities and public services. Therefore, the Project complies with the findings listed above and may be considered exempt from the California Environmental Quality Act under Section 15332 of the CEQA Implementation Guidelines; and. B. Adopt a resolution of the City Council of the City of Vernon approving a conditional use permit for Dedeaux Properties, LLC to construct and operate a commercial/retail facility located at 1810 25th Street. Mr. Wilson provided a PowerPoint presentation on this item that included an overview of the property and potential plans for development. Mayor Pro-Tem Davis had questions regarding any foreseeable need to relocate power lines on the south side of 25th St. and hours of operation for businesses. Mr. Wilson responded that no issues are anticipated with power lines; and that businesses would be able to operate seven days a week if they choose to. Councilmember Ybarra had questions regarding any plans for a pedestrian bridge, and whether or not there were any plans to zone for housing. Mr. Wilson responded that the pedestrian bridge was not an item that was discussed in the plans, and would need to be addressed with the Alameda Corridor. With regards to housing, the site is not zoned for housing. Mayor McCormick opened the public hearing at 9:44 a.m. No public comment was provided. It was moved by Davis and seconded by Woodruff-Perez to approve Resolution No. 2015-56. Motion carried, 5-0. CONSENT CALENDAR It was moved by Ybarra 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 7. None Minutes – To be Received and Filed 8. Minutes of the Regular City Council Meeting held July 21, 2015. 9. Minutes of the Regular City Council Meeting held August 4, 2015. 10. Minutes of the Joint Special City Council Meeting held August 11, 2015. Regular City Council Meeting Minutes August 18, 2015 Page 4 of 11 Warrant Registers 11. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1427 to record voided Check No. 347957 in the amount of $500.00; and B. City Warrant Register No. 1427 to record voided Check No. 347969 in the amount of $240.00. 12. Ratification of Light & Power Warrant Register No. 391 to record voided Check No. 511447 in the amount of $105.00. 13. Approval of City Payroll Warrant Register No. 710, totaling $3,062,765.08, which covers the period of July 1 through July 31, 2015, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,229,930.70; and B. Checks and electronic funds transfers paid through General bank account totaling $832,834.38. 14. Approval of City Warrant Register No. 1430, totaling $1,409,144.03, which covers the period of July 28, through August 10, 2015, and consists of the following: A. Ratification of wire transfers totaling $538,384.42; and B. Ratification of the issuance of early checks totaling $535,700.67; and C. Authorization to issue pending checks totaling $335,058.94. 15. Approval of Light & Power Warrant Register No. 395, totaling $1,569,904.34, which covers the period of July 28, through August 10, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,501,026.34; and B. Ratification of the issuance of early checks totaling $29,681.28; and C. Authorization to issue pending checks totaling $39,196.73. 16. Approval of Gas Warrant Register No. 183, totaling $1,481,152.88, which covers the period of July 28, through August 10, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,480,618.38; and B. Ratification of the issuance of early checks totaling $222.00; and C. Authorization to issue pending checks totaling $312.50. Fire Department 17. Activity Report for the period of July 16 through July 31, 2015, to be received and filed. Health and Environmental Control Department 18. July 2015 Monthly Report, to be received and filed. Regular City Council Meeting Minutes August 18, 2015 Page 5 of 11 Police Department 19. Activity Log and Statistical Summary of Arrests and Activities for the period of July 16, through July 31, 2015, to be received and filed. NEW BUSINESS City Administration Department 20. Resolution No. 2015-XX - A Resolution of the City Council of the City of Vernon amending Resolution No. 2012-173 and 2014-53 regarding the reimbursement of certain costs incurred by current Vernon City personnel in connection with a review by the California Public Employees’ Retirement System (“CalPERS”). Recommendation: A. Find that the approval of the proposed resolution 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 the resolution to authorize up to an additional $75,000 in reimbursable legal expenses for Michael McCormick relating to his ongoing appeal of CalPERS’ determination arising out of the CalPERS Audit Report findings (CalPERS Case No. 2013-0899). Mayor McCormick recused himself from the item, citing that it may present a conflict of interest for him, and departed the meeting at 9:46 a.m. City Administrator Mark Whitworth introduced the item as a request seeking additional funding for legal expenses for Michael McCormick related to his ongoing appeals for CalPERS. Deputy City Attorney Brian Byun provided input on the procedural aspects of the case. Deputy City Administrator Kristen Enomoto provided information on the revised amount for request, as it would cover legal costs as per Mr. McCormick’s attorney. Considerable dialogue took place on this item with Councilmembers having questions related to the number of appeals in the case, and the budgeting of additional legal expenditures. Staff explained the appeals process in this particular case, and that monies are budgeted every year for legal expenses. It was moved by Martinez and seconded by Ybarra to approve the proposed resolution. A request was made for the City Clerk to conduct a Roll Call Vote as follows: Davis (No); Martinez (Yes); Ybarra (No); and Woodruff-Perez (No). Motion denied, 1-3. Mayor McCormick reentered the meeting at 10:14 a.m. 21. Resolution No. 2015-57 - 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 Fruitland Owner, LLC for property located at 3200 Fruitland Avenue. Recommendation: A. Find that approval of the proposed agreement regarding assignment and assumption 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. Approve the Resolution to authorize the Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement with Fruitland Owner, LLC for the property located at 3200 Fruitland Avenue. Regular City Council Meeting Minutes August 18, 2015 Page 6 of 11 Economic Development Manager Alex Kung introduced this item by giving a background of the property. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-57. Motion carried, 5-0. City Clerk Department 22. Approval of a Request for Expression of Interest and Information (RFI) for a Potential Records Management Program Request for Proposal (RFP). Recommendation: A. Find that approval of the proposed Request for Expression of Interest and Information (RFI) 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 RFI 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. Approve the issuance of the Request for Expression of Interest and Information (RFI) to be used for the potential development of a Records Management Program Request for Proposal (RFP). Ms. Ayala introduced the item as the first step in working towards implementing a Records Management Program in the City. It was moved by Woodruff-Perez and seconded by Ybarra to approve a request for expression of interest and information (RFI) for a potential records management program request for proposals. Motion carried, 5-0. Gas and Electric Department 23. Request for Approval of Millennium, Inc. Products Optical Fiber Use Agreement No. 14. Recommendation: A. Find that the Optical Fiber Use Agreement No. 14 with Millennium, Inc. is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301(b) which exempts minor extensions of utility services involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination, and under Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, because the proposal will not require any construction, and the only physical change to the environment is stringing a few hundred feet of fiber optic cabling (of roughly ½ inch in diameter) from existing utility poles onto private property; and B. Approve and authorize the execution of Optical Fiber Use Agreement No. 14 by and between the City of Vernon and Millennium Products, Inc. and the related Short Form IRU-14.1 Indefeasible Right of Use Agreement, in substantially the same form as submitted with the staff report, for the purpose of leasing unused fiber optic cable. Upon approval, construction for the implementation of an Optical Fiber Connection will commence. Director of Gas & Electric, Carlos Fandino introduced the item. It was moved by Davis and seconded by Martinez to approve the Millennium, Inc. products optical fiber use agreement. Motion carried, 5-0. Regular City Council Meeting Minutes August 18, 2015 Page 7 of 11 Human Resources Department 24. Adoption of City of Vernon Exceptional Employee Program (VEEP) Award. Recommendation: A. Find that approval of the proposed VEEP Award 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 Vernon Exceptional Employee Program (VEEP) and; C. Authorize the City Administrator and the Director of Human Resources to administer the program annually. Ms. McAllister introduced the item and provided a PowerPoint presentation that exhibited the pamphlet for the VEEP program. She went on to explain how the program would work. Questions from Council included questions on the nomination period and process, with Ms. McAllister responding accordingly. It was moved by Ybarra and seconded by Davis to adopt the City of Vernon Exceptional Employee Program (VEEP) Award. Motion carried, 5-0. Police Department 25. Federal Equitable Share Agreement and Annual Certification Report. Recommendation: A. Find that granting authority to execute and submit the above-referenced agreement and related documents is exempt from California Environmental Quality Act (“CEQA”) review, because such is a government fiscal activity, which 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 by CEQA Guidelines section 15378. Furthermore, even if it were a project, the activity would be exempt 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 Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon, in substantially the same form as submitted with the staff report. Chief Calleros introduced the item, and explained the process and procedures involved with the agreement and program. It was moved by Ybarra and seconded by Woodruff-Perez to authorize the execution of the Federal Equitable Share Agreement and Annual Certification. Motion carried, 5-0. Public Works, Water and Development Services Department 26. Resolution No. 2015-58 - A Resolution of the City Council of the City of Vernon approving the Greater Los Angeles Integrated Regional Water Management Plan Update 2014 for the 2015 final round of Prop 84 IRWM Grant Program. Regular City Council Meeting Minutes August 18, 2015 Page 8 of 11 Recommendation: A. Find that the proposed Resolution Adopting the Greater Los Angeles Integrated Regional Water Management Plan Update 2014 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 pursuant to Section 15308, because the action is to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for the protection of the environment; and B. Approve a Resolution adopting the Greater Los Angeles Integrated Regional Water Management Plan Update 2014. Mr. Wilson introduced the item. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-58. Motion carried, 5-0. 27. Resolution No. 2015-59 - A Resolution of the City Council of the City of Vernon approving and accepting the Grant Deed dedicating in fee a portion of the property located at 3636 26th Street. Recommendation: A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines section 15301(c) because if any construction occurs as a result of accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of Acceptance and the Grant Deed for approximately 2,537 square feet of land located at 3636 26th Street. Mr. Wilson introduced the item. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2015-59. Motion carried, 5-0. ORDINANCES 28. 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 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 Regular City Council Meeting Minutes August 18, 2015 Page 9 of 11 D. Authorize the Mayor to execute the franchise agreements on behalf of the City. Agenda Item No. 28 was pulled from the agenda, and would be brought back for the next City Council Meeting. DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF 29. 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. Marisa Olguin (Chamber of Commerce) Ms. Olguin expressed that the business residents have enjoyed the benefit of having fire stations and water supplies strategically placed around the city and having well-staffed city departments in the area of: police, fire, public works, and light and power. The current infrastructure ensures that the City is meeting the needs of the community. The Chamber worked collectively with the City to establish and create the ordinance on offering the opportunity for housing to first responders. At this time, the Chamber is not taking a strong position on whether or not to strike the first responder priority from the ordinance; but would, instead, like to understand the Council’s position on this matter. Ms. Olguin further commented that the Housing Commission is doing a good job in addressing housing issues. This is an independent body from the Council, and they are doing what they are supposed to. Lastly, Ms. Olguin expressed that the Council should look into developing stronger policies and procedures to address conflicts in housing when they arise. On a motion by Martinez and a second by Woodruff-Perez, the Council voted to keep the current housing policy in place. Motion carried, 4-1 (Ybarra). 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: August 6 vehicle pursuit of a stolen vehicle; August 7 patrol officers responding to a report of a plan down; August 9 reported armed robbery; and August 6 officers responding to a man down call in the area of Santa Fe Ave. and 38th St. Police Captain Michael Gillman reported on vandalism that took place on August 9 in the 200 block of 26th Street, wherein a pole had been spray-painted. Fire Chief Mike Wilson reported on the following: Fire Crews returned from their strike teams on August 16. As the crew was returning into L.A. County, the fire engine was rear-ended. No injuries, and minimal damage to the fire engine. Regular City Council Meeting Minutes August 18, 2015 Page 10 of 11 Director of Public Works, Water and Development Services Kevin Wilson reported on the following: an update on the Slauson and Boyle project, where a potential problem to the core soil may be present. If so, the project may need to be cancelled and redesigned. Councilmember Ybarra asked if problems with the soil were confirmed, what would be the next steps. Mr. Wilson responded with the steps that staff has taken to research this area, and the need to work with Health Department and AQMD, and potentially sending out necessary notifications, working with the contractor, etc. Director of Gas & Electric, Carlos Fandino reported on the following: August 5 power outage; update on cap and trade where today they will be entering an auction and purchasing credits, he will advise at a later date how the auction goes; VG&E presented the Vernon Business and Industry Commission with a PowerPoint on “Distributed Generation Impact Study”, a brief presentation will be forthcoming for Council on the findings of the study; and provided an update on the Pump House 2 project. Finance Director William Fox reported on the recent error that occurred where the City’s bank trustee, Bank of New York, failed to make an interest payment. The City has taken the appropriate steps to contact the bank and bond counsel, and ensure that all steps that needed to take place to mitigate the problem and report it accordingly were completed. Director of Health and Environmental Control Leonard Grossberg reported on the following: continues to review AQMD Rule 415, as the public comment period has been extended; an Exide Advisory Committee meeting will be taking place this week; and the next Green Vernon Commission meeting will take place on September 16. Director of Human Resources Teresa McAllister reported on the following: upcoming employee trainings, such as generational training for employees, and first time supervisor training; Health Benefits Fair on September 17; mandated harassment training will be scheduled; announced that the City is now live on NeoGov HR recruitment process; and interviews will be held tomorrow for the executive search firm for the City Administrator. Economic Development Manager Alex Kung, reported on the following: at the recent Business and Industry Commission, he presented information on the Cerritos College free employee training program that would be beneficial for the businesses; City Clerk Maria Ayala reported on the recent AB1234 Ethics Training that was attended by City officials and staff. This training would be considered a premise to a future workshop that will be facilitated by the Office of the City Clerk focusing on the internal process for Public Records Act requests. Fred McFarlane, Senior Advisor to the City Administrator, reported on the following: signed agreement from the L.A. Legacy, there are still a few items yet to be accomplished with this; he and Anne Marie Jones (Jemmott Rollins Group) did a walk tour at L.A. Legacy recently; a date will be scheduled, for some time in the fall, to have Council visit the site as well. City Administrator Mark Whitworth announced the upcoming Vernon CommUNITY Fund Grant Committee Meeting that would take place tomorrow. Several items on the agenda include: year- End summary report for fiscal year 2014/2015; and Award of Docket 1 Grants for fiscal year 2015/2016. 31. City Council Reports – brief report on activities, announcements, or directives to staff. No reports provided by Council. CLOSED SESSION At 11:21 a.m. the City Council entered into closed session to discuss the following agendized item: 32. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (6) Government Code Section 54956.9(d)(1) Regular City Council Meeting Minutes August 18, 2015 Page 11 of 11 (a) In the Matter of the Calculation of Final Compensation of Bruce Malkenhorst, Sr. CalPERS Case No. 2012-0671 (b) Bruce Malkenhorst, Sr. v. City of Vernon, et al. Los Angeles Superior Court Case No. BC516321 Court of Appeal of California Case No. B258793 (c) Bruce Malkenhorst, Sr. v. State of California, et al. (United States District Court Case No. SACV14-00296) (d) Jurupa Avenue Limited Partnership v. City of Vernon, et al. Los Angeles Superior Court Case No. BC516913 (e) Los Angeles Unified School District v. County of Los Angeles, et al. Los Angeles Superior Court Case No. BS 108180 (f) City of Gardena v. Regional Water Quality Control Board – Los Angeles Region, et al. (Los Angeles Superior Court Case No. BS 156342) At 11:45 a.m. the City Council exited closed session. Deputy City Attorney Brian Byun announced that there was no reportable action taken. With no further business, at 11:45 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, SEPTEMBER 1, 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, with Director of Gas and Electric, Carlos Fandino, leading the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced two changes to the agenda: - Agenda Item No. 2 would be addressed as the first item; and - Agenda Item No. 5 would be tabled and brought back for a future 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. Genesis Coronado (Field Deputy for Congresswoman Lucile Roybal-Allard’s Office) Ms. Coronado introduced herself to the Council and public and offered to provide assistance with regards to any federal matters. Henry Gonzalez (Community Member) Mr. Gonzalez indicated he would like to speak on behalf of HP Tow. Mayor McCormick informed Mr. Gonzalez that his public comments on HP Tow could be made at the time that item would be considered by Council. PRESENTATIONS 2. Outstanding Athletic Achievement Recognition Award presented to Firefighter Douglas Barker. Fire Chief Mike Wilson introduced Firefighter Douglas Barker. Chief Wilson briefly shared the accomplishments Mr. Barker has achieved in various athletic events over the last 15 years – accumulating over 40 medals. Mr. Barker thanked the City for their support and recognition. 1. The Police Department will conduct a badge presentation ceremony to recognize the five newly selected Police Corporals. Police Chief Calleros briefly explained the responsibilities of the Corporal position, and the testing process involved. Chief Calleros introduced the new Police Corporals: Anthony Encinas; Lorenzo Gaytan; Gabriel Martinez; Daniel Onopa; and Richard Villegas. All five Corporals were introduced and accompanied by their families during the badge presentation. Mayor McCormick recessed the meeting at 9:16 a.m. and reconvened the meeting at 9:25 a.m. 3. Presentation by John Van de Kamp of his July 31, 2015 Independent Reform Monitor Report. Regular City Council Meeting Minutes September 1, 2015 Page 2 of 10 Independent Reform Monitor, John Van de Kamp, provided an oral summary report of his July 31, 2015 Report. Following are the summarized highlights from Mr. Van de Kamp oral report: - Vernon’s good governance momentum is still strong; - Government leaders must keep in mind that primary stakeholders in Vernon are the businesses; - City had a balanced budget last year; - One of the most important things accomplished this year is the refinancing of the City; - Utility rates, which might have increased, will now be lower than would have been expected, in part because of the refinancing that has been accomplished; - One of the most important decisions the Council will be making this year is selection of a new City Administrator; - Continuing to monitor the Exide site closely for the next few years; - Opening of Vernon Village Park was a major achievement for the City; - Green Vernon Commission continues to address the long standing “air” issue in the City; - City Council should become familiar with the acres of property the City owns in Kern County; - The Vernon CommUNITY Fund’s accomplishments and continued efforts; - Vernon’s vacancy rates; - City Council to look at continued development in the City. Mr. Van de Kamp also commented on the recent fictional television series, True Detective, where the city “Vinci” was featured. Mr. Van de Kamp concluded his report by adding that Vernon’s salaries of its officials and councilmembers, are in line with other southern California cities; competitive elections are now taking place; new housing has doubled population (emphasized that Vernon was not necessarily built for residences but for businesses and the 50,000+ people those businesses employ), City’s finances have been substantially improved, purchasing policies have been amended to comply with best practices, the City has put in place a good neighbor policy to help non-profit entities in neighboring areas who provide public services, the Housing Commission is active and overseeing City-owned housing, etc. Urged the City Council to participate in the solutions for future challenges the City will face. Vernon’s path of good governance will depend on strong and ethical leadership that will learn from its history. Mr. Van de Kamp asked the Council what their views are in terms of priorities for the City. The Council responded as follows: Mayor McCormick: The City continue on good governance, open meetings and transparency, and continuing to encourage new businesses to come to Vernon. Mayor Pro-Tem Davis: Welcoming our new electorate and residents of Vernon, even though we are an industrial City. Councilmember Martinez: Happy to see most reforms have been completed. Some of the priorities for the next six months will be to continue on a path of good governance and find replacements for retiring employees which is important for the City’s future. Councilmember Ybarra: Wants to see growing communication and continuing to be more transparent; continue to grow and bring in more businesses and a little more residential areas. Mr. Van de Kamp recommends that Council should consider what adding more residents would mean and how they would impact the businesses. Councilmember Woodruff-Perez: Proud to see that Vernon strives to not only be business friendly, but also being a good neighbor to surrounding cities. She is particularly concerned with making a good selection in a new City Administrator, as it is a key leadership position and part of the heart of the organization. Regular City Council Meeting Minutes September 1, 2015 Page 3 of 10 4. American Public Power Association (APPA) Mutual Aid Agreement. Todd Dusenberry, Vernon Gas and Electric Manager, provided a PowerPoint presentation on the overview of the mutual aid process. The presentation included information on: the different levels of response and responsibilities of corresponding parties involved; APPA Mutual Aid Agreement; and emergency preparedness. 5. Presentation on Vernon’s Various Governing Bodies. Recommendation A. Receive informational presentation on the City’s various governing bodies. Item tabled and to be presented at a future 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 6. None Warrant Registers 7. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1428 to record voided Check No. 348144 in the amount of $2,504.96; and B. City Warrant Register No. 1424 to record voided Check No. 347490 in the amount of $264.00; and C. City Warrant Register No. 1421 to record voided Check No. 347049 in the amount of $200.00; and D. City Warrant Register No. 1429 to record voided Check No. 348209 in the amount of $100.00; and E. City Warrant Register No. 1430 to record voided Check No. 348299 in the amount of $16.65. 8. Approval of City Warrant Register No. 1431, totaling $1,442,517.47, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,016,808.01; and B. Ratification of the issuance of early checks totaling $224,543.24; and C. Authorization to issue pending checks totaling $201,166.22. 9. Approval of Light & Power Warrant Register No. 396, totaling $1,504,548.76, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,408,342.40; and B. Ratification of the issuance of early checks totaling $68,072.31; and C. Authorization to issue pending checks totaling $28,134.05. Regular City Council Meeting Minutes September 1, 2015 Page 4 of 10 10. Approval of Gas Warrant Register No. 184, totaling $15,832.14, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,858.93; and B. Ratification of the issuance of early checks totaling $382.03; and C. Authorization to issue pending checks totaling $13,591.18. Fire Department 11. Activity Report for the period of August 1 through August 15, 2015, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of August 1, through August 15, 2015, to be received and filed. Public Works, Water and Development Services Department 13. July 2015 Monthly Building Department Report, to be received and filed. NEW BUSINESS City Administration Department 14. Resolution No. 2015-60 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a services agreement by and between the City of Vernon and Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of three residential properties owned by the City. Recommendation: A. Find that the approval and award of a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of residential property owned by the City 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. Adopt a resolution approving and awarding a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of the following residential properties owned by the City of Vernon:  6036 Stafford Avenue, Huntington Park, CA 90255  6042 Stafford Avenue, Huntington Park, CA 90255  6044 Stafford Avenue, Huntington Park, CA 90255 C. Authorize the City Administrator to execute the Services Agreement and any and all other documents necessary to facilitate the sale of the three aforementioned residential properties. All terms and conditions of each sale will be subject to final approval by the City Council Ms. Enomoto introduced the item and explained the rating process for the RFP, and bringing forth the recommendation for what was considered the best agent to fit the needs of the responsibility best. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2015-60. Motion carried, 5-0. Regular City Council Meeting Minutes September 1, 2015 Page 5 of 10 Fire Department 15. Donation and Release Agreement between the City of Vernon and California Fire Museum and Safety Learning Center. Recommendation: A. Find that approval of the revised donation and release agreement 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 Donation and Release Agreement between the City of Vernon and the California Fire Museum and Safety Learning Center for the donation of a surplus 1964 Crown Fire Coach 2000 GPM Pumper and rescind all donation and release agreements in conflict therewith. Fire Chief Wilson introduced the item and explained the background of the previous agreement that had been approved by Council. It was moved by Davis and seconded by Martinez to approve the Donation and Release Agreement between the City of Vernon and the California Fire Museum and Safety Learning Center. Motion carried, 5-0. Gas and Electric Department 16. Resolution No. 2015-61 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a utility agreement no. 7UA-13129 by and between the City of Vernon and the State of California, acting by and through the Department of Transportation, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Recommendation: A. Find that the approval of Utility Agreement No. 7UA-13129 with the Department of Transportation is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines §15301(b), because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City’s electric utility; and B. Approve the resolution to thereby permit the execution of a Utility Agreement No. 7UA-13129 with the Department of Transportation (DOT), in substantially the same form submitted with the staff report, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Director of Vernon Gas and Electric, Carlos Fandino, introduced the item and briefly explained the provisions of the agreement that included the process for reimbursement from the Department of Transportation. It was moved by Davis and seconded by Woodruff-Perez to approve Resolution No. 2015-61. Motion carried, 5-0. Human Resources Department 17. Approval of a Professional Services Agreement By and Between the City Of Vernon and Bob Murray & Associates to Conduct A Recruitment For The Position Of City Administrator For The City of Vernon. Recommendation: A. Find that approval of the professional services agreement by and between the City of Vernon and Bob Murray & Associates is exempt from California Environmental Quality Act (“CEQA”) review, because it is a general policy and procedure making Regular City Council Meeting Minutes September 1, 2015 Page 6 of 10 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. Approve and authorize the City Administrator to execute the professional services agreement on behalf of the City of Vernon with Bob Murray & Associates to conduct a recruitment for the position of City Administrator for the City of Vernon. Ms. McAllister introduced the item and briefly explained: the City has not yet received the official retirement notice from the current City Administrator; the RFP process in selecting the proposed search firm; the recommendation for the cost of the recruitment to be at a cost not to exceed $24,000; and that the announcement of the position for a new City Administrator has already been published in the Western Cities magazine. Sandra Orozco (Community Member) Ms. Orozco explained she is a southeast political activist and watchdog and is familiar with Bob Murray, and Mr. Friedman (VP for the firm). She supports the recommendation to choose this search firm. It was moved by Davis and seconded by Martinez to approve the professional services agreement with Bob Murray & Associates. Motion carried, 5-0. 18. Resolution No. 2015-62 - A Resolution of the City Council of the City of Vernon adopting an amended and restated citywide fringe benefits and salary resolution in accordance with government code section 20636(b)(1) and repealing all resolutions in conflict therewith. Recommendation: A. Find that approval of the proposed resolution 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 resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective September 1, 2015, to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan, as follows: a. Revise or add the following job classifications with the corresponding salary ranges:  Add Senior Electrical Test Technician Job Code 8053 (I31 - $7,962 - $9,677 – IBEW Group)  Title change and update job description of Substation Test Technician Job Code 8055 to Electrical Test Technician b. Correct hourly salary of Assistant Fire Marshal to $41.6596 - $50.6423 per hour for forty (40) hour work schedule. 2) Reclassify one (1) incumbent in the Substation Test Technician position to Senior Electrical Test Technician, and place at Grade I31, Step 3 at $8,778 per month. Regular City Council Meeting Minutes September 1, 2015 Page 7 of 10 3) Retitle one (1) incumbent in the Substation Test Technician position to Electrical Test Technician. 4) Amend Section 7, Sick Leave, to exclude retired annuitants from part-time sick leave accruals. 5) Amend Section 18, Retiree Medical – Non-Safety Employees – to read non- payment of two (2) consecutive months shall automatically terminate and cease the City’s obligation to make further payments under the retiree medical benefits program. Ms. McAllister introduced the item, and briefly summarized the proposed updates. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2015-62. Motion carried, 5-0. ORDINANCES 19. Approval of the following ordinances Granting U.S. Tow, Inc. and HP Automotive & Tow 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. 1233 - An Ordinance of the City Council of the City of Vernon granting to HP Automotive & Tow Inc., a franchise towing services agreement. Recommendation: A. Find that approval of a services agreement with US Tow Inc. and HP Automotive & Tow Inc., 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. 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 HP Automotive & Tow Inc., a franchise towing services agreement; and D. Authorize the Mayor to execute the franchise agreements on behalf of the City. Chief Calleros introduced the item and gave a brief background on the RFP process. Questions from the Council included: Were entirely new evaluations conducted? Will there be a policy in place to even distribute the tows? Were evaluations provided to Councilmember Woodruff-Perez the same as the score sheets? Chief Calleros responded that new evaluations had been conducted, new procedures will be implemented to assure equal rotation between towing companies, and that the new evaluations provided were the same as the score sheets. Marisa Olguin (Chamber of Commerce) Expressed that she is pleased with the review process utilized by the City, as it demonstrates the hard work that staff is putting into the RFP process. Toni Kern (Attorney) Ms. Kern was present to speak on behalf of Mr. C’s Towing and expressed appreciation on their behalf for allowing the company to participate in the process. Ms. Kern further explained previous legal matters regarding Mr. C’s Towing that may have impacted the decision made by the City. Regular City Council Meeting Minutes September 1, 2015 Page 8 of 10 The following individuals provided public comment in support of HP Automotive and Tow Inc. and gave examples of positive efforts and experiences with the towing company: Bishop Juan Carlos Vendez (Churches in Action); Andy Molina (Southeast Churches Service Center); Gil Hurtado (South Gate Councilmember); Alma Marquez (District Director for Senator Tony Mendoza); Ricardo Flores (Church Representative); Henry Gonzalez (South Gate Youth Football Organization); Ben Hernandez (Bomberos Association); Luis Marquez (Mayor, City of Downey); Sandra Orozco (Community Activist): Moshe Ben Dayan (U.S. Tow) Expressed appreciation for the City selecting U.S. Tow as one of its towing companies. Takes pride in the professionalism that US Tow has to offer. Angel Sotelo (South Gate Chamber of Commerce) Spoke on behalf of Mr. C’s Towing Company and the positive business relationships and customer base that the company currently has. On a motion by Davis and a second by Martinez the City Council held the first reading of the proposed Ordinances No. 1231 and No. 1233. Motion carried 3 Ayes; 1 No (Ybarra); and 1 Abstention (Woodruff-Perez). ORAL REPORTS 20.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: August 20 reported embezzlement case; August 27 patrol officers responding to an assault with a deadly weapon; this past weekend patrol officer conducted traffic enforcement of reckless drivers along Pacific Blvd. and in the area of Downey and Bandini; and an animal rights activist group will be planning to conduct a demonstration at Farmer John, on Friday, October 2, with staff contacting the organizer. Police Captain Michael Gillman reported on vandalism that took place on August 20 in the 2300 block of Slauson where two juveniles were detailed for vandalism and other various charges. Fire Chief Mike Wilson reported on the following: Captain Busch has been conducting CPR First Aid Training; continuing annual training in trench rescue; and, on August 30 crews responded to the Alameda Corridor where a train crew reported seeing a body in the trench. Director of Public Works, Water and Development Services Kevin Wilson reported on the following: good news on Slauson and Boyle projects where soil samples came back negative for asbestos, allowing for the project to continue; the well rehabilitation was conducted recently by the fire station nearby City Hall; and the City receiving a letter from State Water Resources Control Board, a Water Conservation Warning Letter, and the City increasing its water conservation efforts. Director of Gas & Electric, Carlos Fandino reported on the following: August 23 power outage; state regulatory issues that will affect the business community, SB 350; sent employees for a training in gas field; and welcomed Chambers as new gas customer to VG&E. Finance Director William Fox reported on the following: participation in a FEMA training; and also provided an update on the City’s bond trustee missing a payment to one of the bond holders. Director of Health and Environmental Control Leonard Grossberg reported on the following: there will be a conference with DTSC held today on Exide; the CUPA audit will begin today; there will be a used-oil grant event on Saturday at Fire Station No. 3; Hazardous Material and Emergency Plan is almost complete; and the next Green Vernon Commission is tentatively scheduled for September 16. Regular City Council Meeting Minutes September 1, 2015 Page 9 of 10 Director of Human Resources Teresa McAllister reported on the following: new NeoGov application process is working very well with a good response to vacancies; Health Benefits Fair is scheduled for September 17; and met and conferred with five bargaining units this week, and will be bringing new policies for adoption for the upcoming Council meetings. Economic Development Manager Alex Kung, reported on the following: the Oversight Board will be meeting on Thursday at 4 p.m.; and that a large property will be going up for sale in the near future, more will be reported at a later date. Fred McFarlane, Senior Advisor to the City Administrator, reported on the following: continued progress with Legacy L.A. with its grant submission to the City; and that a site visit will still be planned in the upcoming near future. Also announced that the City still needs to plan with the new Councilmembers a trip to have them visit Jawbone Canyon with VG&E. Deputy City Administrator Kristen Enomoto reported on the following: an update on the next steps for the sale of the Huntington Park units; an update on the remodel of the city owned units; the next Housing Commission meeting will take place next week with two new Commissioners now being having been appointed and some of the items that will be on the next agenda. City Administrator Mark Whitworth announced the upcoming Vernon CommUNITY Fund Grant Committee Meeting was held on August 19, with Mr. Gavina elected as Chair and Ms. Maes as Vice-Chair. A lot of discussion was held at the meeting, which resulted in other agendized items being tabled for a special meeting later in the month, Wednesday September 30 at 10 a.m. 21. City Council Reports – brief report on activities, announcements, or directives to staff. No reports provided by Council. Mayor McCormick recessed the meeting at 11:39 a.m. and reconvened at 11:46 a.m. CLOSED SESSION At 11:46 a.m. the City Council entered into closed session to discuss the following agendized item: 22. PUBLIC EMPLOYMENT Government Code Section 54957 (b)(1) Title: City Administrator 23. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 Claimant: Michael McCormick The City has received a claim for damages pursuant to the Government Claims Act. The claim is available for public inspection. At 12:11 p.m. the City Council exited closed session. Deputy City Attorney Brian Byun reported that there was no reportable action for Agenda Item No. 22; and further reported for Agenda Item No. 23 that Council unanimously voted to deny the claim. With no further business, at 12:12 p.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Regular City Council Meeting Minutes September 1, 2015 Page 10 of 10 Mayor ATTEST: _________________________ Maria E. Ayala City Clerk RECEI iED AUG 24 2015 CITY CLERKS OFFICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: September 15, 2015 Honorable lVlayor and City Council Mark C. Whitworth, City Administrat Originator: Lilia Hernandez, Executiv Report on FY 2015/2016 Docket I Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation A. Receive and file this report as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vemon Municipal Code. Backeround On August 20, 2015 the Vemon CommUNITY Fund Grant Committee (Grant Committee) held its first grants award meeting for the 2015/2016 Fiscal Year. There were five grant applications on the first docket (listed below) and all five were approved by the Grant Committee at the amounts and terms recommended: Section 2. I 67(e) of the Vemon Municipal Code requires the Grant Committee Executive Director (City Administrator) to provide the City Council a report of the grant related actions taken by the Grant Committee within 30 days of any regular meeting and within I 5 days of any special meeting at which grants are awarded. Applicant Original Amount Requested Amount Recommended Proposed Term Holy Angels Church of the Deaf $43, 620 $45,000 1 year Inner City Struggle $150,000 / 2 years $35,000 I year Los Angeles County Bicycle Coalition s44,000 $35,000 l year Proyecto Pastoral s75,000 $40,000 I year Weingart East Los Angeles YMCA $ 125,000 $25.000 I year Total $437.620 $180.000 Page I of2 Fiscal Impact The total recommended grant award amount of $ 180,000 is included in the 2015/2016 City Budget and is within the recommended quarterly allocation of approximately $187,000 for this fiscal year. Attachment(s) None Page 2 of 2 e0 $ tt\5 s${cL$I{s$\sE 0f rRoR FIRE DEPARTMENT Michael A. Wilson, Fire Chief 4305 Santa Fe Avenue, Vernon, Califomia 90058 Telephone (323) 5838811 Fax (323) U6-1.407 RECEIVED sEP 09 2015 CITY ADMINISTRATTON September 9, 2015 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the Vemon Fire Department Activity Report which covers the period of August 16, 2015 through August 31, 2015. Respectfully Submitted, Fire Chief MAW:ar : Fireletnow E4tusiae$ Inlustriaf VERNON FIRE DEPARTMENT COMPANTY ACTIVITIES August 16,2015 to August 31' 2015 ACTTVITY TYPE FIREPREVENTION: Regular Inspections (#): Re-Inspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-TNCIpENT (HOURS): Planning District Familiarization Total Hours: PERIODIC TEST (HOURS): Hose Testing Pump Testhg This Period Last Year 65 t6 I 82 108 r00 44 t32 136 rt7 0 27 576 65 77 142 Last Year To Date This Period 45 t4 4 6l 95 105 30 t42 141 140 0 l8 s76 0 0 This Year To Date t102 237 25 1364 1900 1628 525 2t87 2043 2118 26 352 8879 1459 1310 2769 918 t54 31 1103 1342 1372 497 1853 1877 1860 56 461 7976 1190 t283 2473 94 99 193 0 0 8 J 26 l0 3611Total Hours: Page 1 PUBLIC SERVICE PROGRAMS GOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE GOURS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivity tt14 16399 1279 0 0 6 l3 6 159 178 183 8 191I 1908 134 134 138 JJ 18 185 0 0 t2 t37 131 135 199'7 2028 2104 6129 19949 Page 2 o ct(no oF.{.{ F ? aa r\l F - - dt N F N N g F F F ('r € F ro oN fr, th o'I u) ool to o5El il\ol tft oN aa.Pco!,u =|Eit,oF *,t-o CLo&, Pco!, uEq-o o CL F FzI{ EFtr ( 0.I{o I{tr -It zoztrI{ t, : ' * ;s eEE=' rs E ii* =EEE EE, lr,l lrl trJ Er ut lrl lr,l lr, L, lrr lrJ lrl lrl lrJ l! lL l! 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E l/l LrJo- FFzr.deL' = lncident Type 463 Vehicle accident, general cleanup 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 323 Motor vehicle/pedestrian accident (MV Ped) 31 1 Medical assist, assist EMS crew 700 False alarm or false call, other 321 EMS call, excluding vehicte accident with iniu 700 False alarm or false call, other 322 Motor vehicle accident with injuries 745 Alarm system activation,no fi re,unintentional 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 745 Alatm system activation,no fire, unintentional 321 EMS call, excluding vehicle accident with inju 741 Sprinkler activation, no flre - unintentional 740 Unintentional transmission of alarm, other 311 Medical assist, assist EMS crew 730 System malfunction, other 321 EMS call, excluding vehicle accident with inju 61'l Dispatched & canceled en route 561 Unauthorized buming 323 Motor vehicle/pedestrian accident (MV Ped) 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 7zl4 Detector activation, no fire - unintentional 7 45 Alam. system activation, no fl re,unintentional 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 700 False alarm or false call, other 311 Medical assist, assist EMS crew 571 Cover assignment, standby, moveup 321 EMS call, excluding vehicle accident with inju 61 1 Dispatched & canceled en route 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 745 Alarm system activation,no fire, unintentional 745 Alarm system activation,no fire,unintentional 522 Water or steam leak 321 EMS call, excluding vehicle accident with inju lncident Date 0811612015 08:40:46 0811612015 17:20:44 0911712015 15:25:15 0811712015 17.52:13 0811712015 19:02:36 0811812015 00:29:23 0811812015 05:43:59 0811812015 14:16:11 O811812015 17:42:56 08/19/2015 06:59:44 0811912015 08:47:25 08/19/2015 08:55:36 o8t19t2015 11.42.06 08/19/201513:05:53 0812012015 09:19:'10 OBl2Ol2O15 10.24:58 0812012015 10.54:11 08/20/2015 1 1:50:39 0812012015 12:00.11 08l2Ol2O'15 15:27:00 0812012015 18.33:52 0812012015 23:10:14 0A12112015 06:01:03 0812112015 07:09:58 08/2'll2015 08:33:59 0812112015 09:04.47 0812112015 12:04:13 08n112015 12:16:04 0812212015 10:17:14 0812212015 10:19:03 0812212015 11:15:56 0812212015 17:04:37 0812412015 06:52:48 08124t2015 12:26'.38 0812412015 19:44:47 08/25l2015 03:08:39 OBl25l2Q15 09:28:16 0812512015 15:15:08 0812612015 01 .52:37 0812612015 07:24:28 08/26120'15 09:30:09 0812612015 09:42:49 0812612015 18:1 'l :00 08126t20'15 18:40:20 PREVENTION FOLLOW-UP? No No No No No NO No No No No No No No No No No No No No No No NO No No No No No No No No No No No No No No No No No No No No No No shift 321 EMS call, excluding vehicle accident with inju 700 False alarm or false €ll, other 321 EMS call, excluding vehicle accident with iniu 700 False alarm or false call, other 700 False alarm or false call, other 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with iniu 700 False alarm or false call, other 671 Hazmat elease investigation W no hazmat 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 311 Medic€l assist, assist EMS crew 522 Water or steam leak 300 Rescue, EMS incident, other 311 Medical assist. assist EMS crew 611 Dispatched & canceled en route 321 EMS call, excluding vehicle accident with iniu 745 Alaffn system activation,no fire, unintentional 321 EMS call, excluding vehicle accident with inju 7 45 Alacm system activation,no fi re,unintentional 0812712015 10:48:01 08127t2015 11:57.49 OBl27l2O15 12.14:38 0812712015 14:30:06 08t27 t2015 17.56.14 0812812015 07:06:24 0812812015 10:37:43 0812812015 14:29:10 0812812015 15.53:21 0812812015 16:28:40 0812912015 01:10:08 0812912015 07 .15:24 0813012015 10.52:01 08/30/2015 21:34:26 08/31/2015 02:10:15 0813112015 07:26:09 0813112015 07:53:54 0813112015 12:52:32 0813112015 14:04:48 0813112015 15:13.48 NO No No No No No No No No No No No No NO No No No No No No 0 o 'tfl q ;i' F rt oN ta cotus tE+,oF ,Pl-octod, PCoE' uE rtso o CL F FzI{ =Ftr ( 0.Ho I{ tr, -It zoztrI{ FGl 0t ot( t cN (D I r.r59 zlrte(, o o,eE =E i!-<d!5aoE o.cEfLqroo 5Eg i i t^. 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E bo - IJ ct!, c\tg g,N c, UJ t*E E=Eis**fu fiEEE=EE iEExrEEEEii i r.r ur Er EJ uJ rrJ lrl trt trr uJ tr, trJ trl l! t! lrl trt lr, t, tr.l rrr trj t^, t I trl lrJ lrl !J rrl 6 E 5 trJ TlrJc) =IJ o- LTJ o F! oIol ! cN a! uJfa-E>6F1F zll|ct L.,z, lrlA FFzNIH$ls 2IrR t!4 FFzlrloU = $ oN IA coE'uE |EiltoF IPt-o CLody CoE' UE lFo o CL F FzI{ EFtr !.I{o I{trItIt zoztrI{ sEP 0 I 2015 CITY CLIRKS OFRCE POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Sarta Fe Avenue, Vemon, California 90058 Tefephone (323) 587-5177 Fax (323) 826-1481 September 1,2015 Eonorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vemon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., August 16,2015 up to and including midnight of August 31,2015. Respectfu lly submitted, YERNON POLICE DEPARTMENT a, 'r1 /o .tfi,l/ Oa*X LaLA.,.- DANIEL CALLEROS CHIEF OF POLICE DC/dr RECEIVED gr.l 2015 vd- CITY ADMINISTRATION Eacfusive$ Itfiutriat WRNON POLICE DEPARTMENT D ep artment Activity Rep ort Jurisdiction: vERNoN Fbst Date: 08/1612015 Lasl Dale: 08/31/2015 Depa ment Complaint Typ" Desc ption All Unils Primary Unit VPD 106 10-96H 't0-96M 20001 20002 20002R 2t1S 242 242R 245R 314 415 417 422R 459A 459S 45gVR 476R 484 484R 487R 503R 5054 586 594 594R 602 901 90'17 9027 9O2TR 9097 911 91'tA 92OPR 925 ASTVFD BOSIG BOVEH CITCK CIVIL CODE5 coP DET DETAIL DPTAST DUI DUST oFFtcER rs 106 c7.96'1.962,10-10, WASH. EOU|PI PICK UP THE JAIL PAPER WORK FROM HP JAIL 10.96 MARY (MAIL DETAIL) INJURY HIT AND RUN NON-INJURY HIT AND RUN NON-INJURY HIT AND RUN REPORT SILENT ROBBERY ALARM BATTERY BATTERY REPORT ASSAULT W|TH A DEADLY WEAPON REPORT INDECENT EXPOSURE DISTURBING THE PEACE BRANDISHING A WEAPON TERRORIST THREATS REPORT AUDIBLE BURGLARY ALARM SILENT BURGLARY ALARM BURGLARY TO A VEHICLE REPORT FRAUD REPORT PETTY THEFT PETTY THEFT REPORT GRAND THEFT REPORT EMBEZZLEMENT REPORT TMFFIC PROBLEM PARKING PROBLEM VANDALISM VANDALISM REPORT TRESPASS UNKNOWN INJURY TMFFIC COLLISION INJURY TRAFFIC COLLISION NON-INJURY TRAFFIC COLLISION NON.INJURY TRAFFIC COLLISION REPORT TRAFFIC HAZARD 91,I MISUSE / HANGUP CONTACT THE REPORTING PARTY LOST PROPERTY REPORT SUSPICIOUS CIRCUMSTANCES ASSIST VERNON FIRE DEPARTMENI BROKEN SIGML OR LIGHT BROKEN DOWN VEHICLE CITATION CHECK CIVIL MATTER SURVEILLANCUSTAKE.OUT COP DETAIL OETECTIVE INVESTIGATION OETAIL OEPARTMENTAL ASSIST ORIVING UNDER THE INFLUENCE DUST FOR PRINTS 154 2 4 4 8 2 8 7 o 1 34 o 2 138I 7 c 4 o J 3 1 35 2I b 5 6 44 5 2 18 26 2 14 25 E 18 e A a 1 12 12 2 1 t42 2 4 2 5 I I 2 2 I Ill I 2 '14 4 4 J I 5 3 3 I 30 I 5 4 2 2 26 4 Ill 20 2 8 t4 3 t4 2 3 3 I 't J 6 2 I 09/UnU5 01:00:02 Poge of VERNON POLICE DEPARTMENT D ep artment Activity Report Jurisdiction: vERNoN Fbsl Date: 0811612015 Last Date: 08/31/20'15 Deparlment Complaint Type Desciplion AII Units Primary Unil \?D FILING OFFICER IS 104 REPORT WRITING FTY FAILURE TO YIELD FU GTAR HBC 51 5 27 4 o 2 1 c 8 o 115 88 7 4 4 J 1 11 307 82 15 1 1 21 4 50 I t7 3 J I I 2 2 I 2 3 97 52 6 6 2 4 2 I 6 230 65 t2 I I I 9 3 FOLLOW UP GRAND THEFT AUTO REPORT HAILED BY A CITIZEN K9 TRAINING K9 TRAINING REi/IINDER. OBTAIN LOCATION KTP LOCATE LOJACK MISPR MR6O PAPD PATCK KEEP THE PEACE LOCATED VERNON STOLEN VEHICLE LOJACK HIT MISSING PERSON REPORT MISC REPORT PUBLIC ASSIST-POLICE PATROL CHECK PEDCK PEDESTRIAN CHECK PRSTRAN PRISONERTMNSPORTED REC RECOVERED STOLEN VEHICLE RECKLESS OF RECKLESS DRIVING (23103) REPO REPOSSESSION RR RAIL ROAD PROBLEM SEAACA SEAACA ANIMAL CALLS SPEED SPEED CONTEST OR SPEEDING (23109) TRAFFIC STOI TRAFFIC STOP VCK VEHICLE CHECK VEH RELEASE VEHICLE RELEASE VIDEOCHECK VIDEO EQUIPMENT CHECK (10-96 V) VMCVIO VERNON i,IUNICIPAL CODE VIOLATION WARMNT WARRANT ARREST WELCK WELFARE CHECK WRNTSVC WARRANTSERVICE Depa ment:1486 1034 Overall:1486 r035 09/01/2015 01:00:02 Poge of \TERNON POLICE DEPARTMENT Police Activity Report Period Ending: 08BUf5 TRAFFIC COLLISIONS TOTAL NON-INruRY INJIJRY Pedestrian Fatalities City Property Damage Hit & Run (Misdemeanor) Hit & Run (Felony) Persons Injurcd VEIIICLES STOREI) Unlicensed Driver Abandoned/Stored Vehicle Traffic Hazard CITATIONS Citations Iss @risoner Release) Citations Iss (Moving) Citations Iss @arking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BYARREST ARl5-208 CRls-1383 496(A) PC ARl5-209 CRl5-1384 10851(A) VC ARl5-211 CRl5-l4M 503 PC lArs-212 CRls-1408 s94(AXl) PC AR15-2r 6 CP.rs-1427 l 1377(A) HS ARl5-217 CRls-0997 273.6(A)PC ARl5-218 CRl5-0859 503 PC ARl5-220 CRl5-1455 242PC ARl5-221 CRl5-14s6 24s(AX1) PC ARts-222 CRls-14s8 108s1(A) VC PROPERTY RECOVERED YEHICLES: $58,000.00 PROPERTY RECOYERED FOR OTIIER DEPARTMENTS VEHICLES: $18,455.00 NO. t2 1l I I 4 I 2 22 16 I t4 139 30 169 71 67 I VERNON POUCE DEPARTMENT REPORT FOR PERSOTS ARR"ESTED PERIOD ENDING O86UT5 IIIALE FEI,IALE TOTAL ASSAULT WTH A DEADLY WEAPON 1 1 BURGLARY CARRY CONCEALED WEAPON EMBEZZLEMENT 1 I 2 FORGED OFFICI,AL SEAL IDENITY THEFT POSS. CONTROLLED SUBSIANCE POSS. STOLEN PROPERTY I 1 RESIfiNG ARREST ROBBERY VEHICLE THEFT 2 2 WARRAI,IT (BENCH) TOTAL FELONY ARRESTS 5 1 6 MALE FEIIALE TOTAL BATTERY 1 1 CRIMINAL THREATS DRIVE WHILE UCENSED SUSPENDED DRMNG UNDER THE INFLUENCE 3 3 FATSE VEHICLE REGISTRATION TABS 1 1 POSS. COMTROI LFD SUBSTANCE 1 1 RESTRAINING ORDER VIOLATION 1 1 TRESPASSING VANDAUSM WARMNTS (BENCHIRrc)3 3 WARRANTS (FORETGN) TOTAL I,IISD. AR.RESTS 10 o 10 T'IALE FEMALE TOTAL BURGLARY PETry THEFT VANDAUSM 2 2 VEHICLE THEFT WARRANTS (BENCH) fOTAL JUVEIIILES DET.2 o 2 TOTAL FELONYARRESTS (ADULT)TO DATE: 67 TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: 153 TOTAL ]WENILES DETAINED (FELONY AND MISDEMEANOR) To DATE: 5 TOTAL ARRESTS At'lD DETAINED JWENI|fS (FELONY AND MISDEMEANOR) TO DATE: o o 0- N ; F-@ OO)q? q? q? !!(o@n!! ::::o, o)oo oo Nr-q?c.3o I(' E3 \ tg:(.) o6 : vrt do odE OO EOo; d..ias t3 = (.,:E EE = :q!:: = n('('t 6ciciE OOOltto AS i-Nl- ci ci ci 4 o zozv(tsN T]Jx>oi -dl-t(Oa!) vY rr, 6='^rD< aatu <r. 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J Fa +irrJur^ > F_ ij9+EB d *3;,quUr! c{ trJ FN (ISt!f2 9ffi2eY ;eYEE =EEOI <uJloo iDTotrooi o X ooooii r! v o-(!o&; > in >>>>NCJ (o.O ooas Es@@olos FFo-d qt -EF-€o\ o\ra ra38!n ia cl a.l s{ 9\ l.E.a:UFqs es s. a .a t aa .sq zozdlll \.k 6 s\)os S B a { \ 4\) ;r.t\ b \ \\) * F? LS$q s { \.li\) F\z FIJ\trFrq NrrlaI \)o \zokE s e0 $t RECEIVED sEP 0I 2015 CITY ADMIN Staff Report HEALTH & ENVIRONMENTAL CONTROL DEPARTM DATE: TO: FROM: RE: September 15, 2015 Honorable Mayor and CitY Council Leonard Grossberg, Director / Health Officer Approval of an City of Vernon Services d,k Amendment No. 'l to the Services Agreement between the and MSW Consultants, lnc., for Solid Waste Consulting Recommendation: A. Find that approval of the proposal Services Agreement with IvISW Consultants, lnc., is exempt under the California Environmental Quality Act ('CEOA') in accordance with section 15061(bX3), the general rule that CEQA only applies to proiects that may have an effect on the environment; B. Authorize the city Administrator to enter into an Amendment No. 1 to the Services Agreement between the City of Vernon and MSW Consultants, lnc., in substantially the sime form as submitted heiewith, for an additional one-year period in the amount not to exceed $260,000.00; BackEround: MSW Consultants has been providing solid wa 2000. On November 19, 2013, the City Council Consultants, lnc., to continue to provide solid w sustainability tasks, to the City for fiscal years 2 the new reform guidelines, we wish to extend the contract for 1 additional year. MSW submitted quest For Proposal", for fiscal year 2012-2O13 to continue in assisting in t itr" City'" Environmental Sustainability Program. They went throu-gh th and evaluation process, and were awarded the services ajreement"in october 2013. Considering the excellent work completed by MSW' its staff member's unique qualifications to do this work, business community, I am recommending that one year as provided fonin the original contra which was approved in 2013, and had a prov contract.) This year's proposed scope of services and agreement fee amount is the same as last year's ($26ti,OOO.Obly!ar). MSW Consultants, lnc., has offered to extend the current contract at the iame rate as previous years, without any increases in a letter dated July 16, 2015 "Request to Extend Agreement". Please note that costs for MSW services are funded by revenue from the Solid Waite Non-Exclusive Franchise Fee Program. The revenue is collected from solid waste haulers and generates approximately $800,000 per year. The new Services Agreement Amendment No. 1 (attachment 1) has been reviewed and approved "as-to-form" by the City Attorney. Attachments: 1. Amendment No 1. To the Services Agreement gcLG:Myoocs/ZHealth Depuconsulling Contracls/MswseNice Agreement No 1 2015 ATTACHMENT 1 AMENDMENT NO. I TO THE SERVICES AGREEMENT BETWEEN THE CITY OF }'ERNON A}tD MSW CONSULTANTS, INC., FOR SOLID WASTE CONSTJLTING SERVICES This Amendment ("Amendment No. l") to that certain Agreement for solid waste consulting services dated November l, 2013, (the "Agreement"), is made as of ,2015, by and between the City ofVemon, a California charter city and municipal corporation (the "City"), and MSW Consultants, Inc. ("Contractor"), a California corporation. WHEREAS, the City and Contractor fie parties to a wriffen Agreement, dated November 1, 2013, under which Contractor provides solid waste consulting services ("the Agreement"); and WHEREAS, the City and Contractor desire to amend the Agreement to renew the Agreement effective November l, 2015, through October 31, 2016, for a total amount not to exceed $260,000.00 for this renewal term. A copy of Contractors communication dated July 16, 2015, is attached hereto as Exhibit A. NOW, THEREFORE, the parties to this Amendment No. I agree as follows: L The Agreement has been renewed for an additional one (1) year period, and the Termination Date listed on the Cover Page is amended to October 31,2016. There are no further renewal terms beyond this one final one-year renewal term. 2. Except as expressly modified by this Amendment No. I , all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. I shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. I and shall supersede any other agreement, understanding, or iurangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. I . 4. The person or persons executing this Amendment No. I on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. I on behalfofthat party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. I as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] I CITY OF VERNON a Califomia chaner city MSW Consultants, Inc., a Califomia corporation and municipal corporation Mark Whitworth, City Administrator ATTEST: By: Name: Title: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attomey By: Name: Title: 2 STAFF REPORT HUMAN RESOURCES DEPARTMENT R.ECEIVED SEP 0 I 2015 CITY ADMINISIRATION vwlre DATE: TO: FROM: RE:A Resolution of the City Council of the City of Vernon approving the application for an Industrial Disability Retirement by Benjamin Potter Pursuant to Government Code Section 21156 Recommendation A. Find that approval of the attached resolution approving the application for an Industrial Disability Retirement by Benjamin Potter is exempt from Califomia Environmental Quality Act C'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(bX3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution approving the application for an Industrial Disability Retirement, pursunnt to Govemment Code section 21156, based on medical evidence that Mr. Potter is substantially incapacitated from the performance of his usual and customary duties as a Police Officer for the City of Vemon. Background Mr. Potter was hired as a Police Officer by the City of Vemon on June 18, 1990. Mr. Potter retired as a Police Officer on March 23,2015. On March 19,2015, the City of Vemon received notice that Mr. Wiles filed an application for an Industrial Disability Retirement C'IDR). In accordance with Govemment Code Sections 21 154 and21156, the City is required to determine the member's disability eligibility within six months of the IDR request. A Workers Compensation Award is not suffrcient evidence that a local safety member is disabled for retirement purposes. There must be a specific finding under Govemment Code Section 21166, by the employer, with respect to the disability for which the September 15, 2015 Honorable Mayor and City Council Teresa McAllister, Director of Hunan Resources Department Page 1 of2 member will be retired. If it is determined that the member is disabled from the performance of his or her duties, a resolution to that effect must be submitted to CalpERS. on June 12,2015, and on July 31,2015, staff received medical reports from applicant's doctor supporting a finding that due to orthopedic injuries sustained, Mr. Potter is substantially incapacitated from performing his usual and customary job as a Police officer with the city of vemon Police Department. Based upon an evaluation of this case and Mr. potter's medical reports, staff is recommending that the City Council approve the IDR application effective as of Mr. Potter's retirement date of March 23,2015. Attachment(s) 1. Resolution Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE C]TY COUNCIL OE THE CITY OF VERNON APPROV]NG THE INDUSTRIAL DISABI],ITY RETIREMENT APPLICATION OF BENJAMIN POTTER, A LOCAL SAFETY MEMBER FORMERLY EMPLOYED BY THE CfTY OE VERNON (GOVERNMENT CODE SECTIONS 21154 AND 21156) WHEREAS, the City of Vernon (hereinafter referred to as "Agency") is a contracting agency of the Pub-Iic Employees' Retirement System,' and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is cfassified as a loca1 safety member is disab1ed for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within such meaning of such Lav/; and WHEREAS, on March 1-9, 2015, the City received notice that an application for industrial disability retirement of Benjamin Potter empfoyed by the Agency in the position of Pofice Officer in the Vernon Pofice Department was filed with the Public Employees' Retirement System ("PERS") ; and WHEREAS, by memorandum dated September 15, 2015, the Director of Human Resources has recomrnended that the City Council approve the industrial- disabi-Lity retirement of Benjamin Potter; and WHEREAS, the Cj-ty Council of the City of Vernon has reviewed medical- and other evidence relevant to such alJ-eged disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OE VERNON AS FOLLOWS: SECTION 1: The City Counci.I of the City of Vernon hereby f .inds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt from California Environmentaf Quality Act (*CEQA") review, because it is a general policy and procedure making activity that will not result in d.irect 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 woul-d 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 envi ronment . SECTION 3: Based on competent medicaf evidence, the City Council of the City of Vernon hereby finds and determines that Benjamin Potter j-s substantially incapacitated from the performance of his usual and customary duties as a police officer for the City for a permanent or extended and uncertain duration within the meaning of the PubLic Empfoyees' Retirement Law. SECTION 4: The City Council of the City of Vernon hereby finds and determines that such disabifities are a resuft of injury or disease arising out of and in the course of employment. Neither the City Councif of the City of Vernon nor Benjamin Potter has applied to the Workers' Compensation Appeals Board for a determination pursuant to Government Code Section 21766 whether such disability is industrial, and that there is not a possibility of third-party J.iabiJ.ity. SECTION 5: Benjamin Potters' last day in paid status was March 23, 2015, after exhaustion of aff leaves, if any, under Government Code Sectj-on 27764 and no dispute as to the expiration of such leave rights exists. Benjamin Potters' permanent separation date -2- as a police officer for the CiEy was March 23 , 20f5. SECTION 5: Benjamin Potter is and has been receiving a PERS Di sabi 1i tyservice retj-rement. effective March 23, 20L5. Advanced Pension Payment.s will not be made. SECTION 7: Benjamin PoECer is competent to act on his own behalf in 1ega]1y binding retirement matt.ers. SECTION 8: The City Clerk shal1 notify Mr. Potter of Ehe City Council's determination approving his application for industrial disabilitsy retiremenE. SECTION 9: The City C1erk, or Deputy City Clerk, of the City of Vernon shal1 certify to the passage, approval and adoption of this resolution, and the City C1erk, or Deputy City Clerk, of the City of Vernon shaIl cause this resolut.ion and the City Clerk, s, or Deputy Citsy Clerk's, cert.ification to be entered in the File of Resolutions of tshe Council of t.his City. APPROVED AND ADOPTED this 15th day of September, 2015 Name: Tits1e: ATTEST : city Cferk / oeputy City Clerk APPROVED AS TO D , Deputy CiEy Attorney Mayor / Mayor Pro-Tem Zayl]ah Moussa-MiL -3- STATE OE CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I,, City Cferk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, be.ing Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Councif duly held on Tuesday, September L5, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2015, at Vernon, California. City Clerk / Deputy City Clerk ( SEAL ) -4- RECEiVED bZzo/,,12 eO @zra1z 9l /tS REGEIVED AUG 2 6 20t5 STAFF REPORT Honorable Mayor and City Cour"il 9C Daniel Calleros, Police Chief Ordinances Granting U.S. Tow, Inc. and IIP Automotive & Tow Inc., A f,'ranchise Towing Services Agreement. F'ROM: RE: Reconmendation A. Find that approval of a services agteement with US Tow lnc. and HP Automotive & Tow Inc., is exempt under the Califomia Environmental Quality Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; ald B. Hold the first reading of, and subsequently adopt, the proposed Ordinance granting to U.S. Tow, Inc., a franchise towing services agreement; and C. Hold the first reading of, and subsequently adopt, the proposed Ordinance granting to HP Automotive & Tow Inc., a franchise towing services agreement; and D. Authorize the Mayor to execute the franchise agreements on behalf of the City. Background On October 2,2012, the City Council adopted Ordinance No. 1198, establishing a selection process and franchise agreement system for official police towing services. In addition, the ordinance set fonh minimum requirements and performance standards for equipment, facilities, personnel, and services for each tow company providing as needed vehicle towing and storage services requested by the Vemon Police Department C'VPD). The ordinance also established procedures for suspending or revoking tow companies that fail to meet the minimum standards, violate federal, state, or local laws, or for any cause which the VPD determines is in the public interest, necessary or general welfare for the contract to continue. CITY CLTRK'S (]F RNON POLICE DEPARTMENT September 1, 2015 Page I of3 AUG 2 6 2015 On March 19, 2015, the City Administrator authorized staff to issue a Request for Proposals C'RFP') seeking qualified licensed Tow Providers to enter into a franchise agreement to perform rotational police towing and storage services. The RFP specifically sought operators to furnish the VPD with licensed tow operations as may be required for a three (3) year period from the date of execution. The RFP was mailed to seven (7) local tow companies operating in the general area and was posted on the City's website. In addition, an RFP notice was published in the Vernon Sun news publication. The VPD received four (4) responses to the RFP. The four proposals were reviewed and assessed by an evaluation panel comprised of representatives from the VPD Administrative staff. Before conducting an assessment of each of proposal, two members of the evaluation panel conducted on-site inspections of each of the four tow companies. Each proposal was evaluated using the criteria set in the RFP. The following criteria was used in evaluating each proposal: Evaluation Criteria Weiehting Experience 40% References 20% Responsiveness to the RFP, and quality and responsiveness of the proposal t0% Work Plan/Technical Description 30% Upon further review and comparison of all four proposals, reference checks, additional research into service levels and review of customer complaints available through public resources, and physical inspections conducted by members of the evaluation panel, staff has determined that it is in the best interest of the City to award franchise agreements to US Tow Inc. and HP Automotive & Tow lnc. Although Mr. C's Towing was ranked #2 by the evaluation panel, further research into service levels as well as criminal complaints revealed a previous issue with compliance with private property impounds as well as customer service issues. Given the disclosure of new information, staff recommended not to pusue a fralchise agreement with Mr. C's Towing. Company Ranking US Tow Inc.1 Mr. C's Towing 2 HP Tow 3 Viertel's Official Police Garage 4 The City Attomey's Offrce has prepared a standard agreement for official police tow services. This agreement establishes the City's requirements and minimum performance standards, payment of fees, reporting requirements, and other terms and conditions related to vehicle towing and impound services for the VPD. The agreement is for a term of three (3) years. Fiscal Impact There is no cost associated with execution of a fianchise tow services agreement. The towing services ftanchise does not increase the costs paid by vehicle owners, as these rates are fixed. Vehicle Code S 12110(b) allows a public agency to collect administrative or franchise fee to recover its actual and reasonable costs incurred in connection with its towing program. Page 2 of 3 Attachment(s) None Page 3 of3