2015-09-01 City Council MinutesMINUTES 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.
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September 1, 2015
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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.
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September 1, 2015
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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.
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September 1, 2015
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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.
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September 1, 2015
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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
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September 1, 2015
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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.
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September 1, 2015
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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.
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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.
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September 1, 2015
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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
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September 1, 2015
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Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk