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2015-09-15 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, SEPTEMBER 15, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Martinez, and Ybarra MEMBERS ABSENT: Woodruff-Perez The meeting was called to order at 9:00 a.m. by Mayor McCormick, who also led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced there were no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No public comment provided. CONSENT CALENDAR It was moved by Davis and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Claims Against the City – Received and Filed 1. None. 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: Regular City Council Meeting Minutes September 15, 2015 Page 2 of 6 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. 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. Ernesto Smith, IT Manager, introduced the item and explained how the City must move to an upgraded version of the utility billing program; as the current version will no longer be supported. Regular City Council Meeting Minutes September 15, 2015 Page 3 of 6 It was moved by Ybarra and seconded by Davis to authorize the issuance of the purchase contract to Advanced Utility Systems. Motion carried, 4-0. 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). Leonard Grossberg, Director of Health and Environmental Control, introduced the item. Mr. Grossberg explained the background on the agreement as it relates to the cleanup and monitoring of the Thermador site. John Van de Kamp, Independent Reform Monitor Mr. Van de Kamp inquired as to whether the party leasing or buying the property will absorb the cost of this agreement? Mr. Grossberg responded to Mr. Van de Kamp’s question and explained duality of the costs to the city and the buying party. It was moved by Davis and seconded by Martinez to approve the operations and maintenance agreement with California Department of Toxic Substances Control. Motion carried, 4-0. 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. Mr. Grossberg introduced the item and explained that the current agreement was entered into two years ago under the RFP process. The proposed agenda item is relevant to the one-year extension provision in the original agreement. It was moved by Martinez and seconded by Davis to approve Amendment No. 1 to the services agreement with MSW Consultants, Inc. Motion carried, 4-0. Human Resources Department 15. Adoption of Updated City of Vernon Personnel Policy and Procedure, Family and Medical Leave Policy V-4. Recommendation: Regular City Council Meeting Minutes September 15, 2015 Page 4 of 6 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 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. Lisette Michel, Senior HR Analyst, introduced the item and summarized the policy. It was moved by Ybarra and seconded by Martinez to adopt the updated City of Vernon Personnel Policy and Procedure, Family and Medical Leave Policy V-4. Motion carried, 4-0. 16. Resolution No. 2015-63 - 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. Ms. Michel introduced the item. She announced a correction to the Staff Report, as it indicated the incorrect name of the retiree on the first page. It was moved by Davis and seconded by Martinez to approve Resolution No. 2015-63. Motion carried, 4-0. ORDINANCES 17. 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. Regular City Council Meeting Minutes September 15, 2015 Page 5 of 6 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. 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. Daniel Calleros, Police Chief, introduced the item and announced that no changes had occurred to the original proposals from the last City Council meeting. Roll call votes were taken as follows by Maria Ayala, City Clerk: On a motion by Martinez and a second by Davis, the City Council voted to adopt the proposed Ordinance No. 1231, Agenda Item No. 17 A, B, and D as follows: Ayes: McCormick, Davis, Martinez, and Ybarra Noes: None Absent: Woodruff-Perez On a motion by Martinez and a second by Davis, the City Council voted to adopt the proposed Ordinance No. 1233, Agenda Item No. 17 A, C, and D as follows: Ayes: McCormick, Davis, and Martinez Noes: Ybarra Absent: Woodruff-Perez ORAL REPORTS 18. 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: On September 7th, patrol officers conducted a death investigation; On September 9, a sexual assault was reported in the 3200 block of 44th Street; also, the an animal rights activist group is once again planning to conduct a demonstration at Farmer John on Friday, October 2nd, 2015, between 0600-0800 hours. Police Captain Michael Gillman announced there were no vandalism incidents to report. Fire Chief Mike Wilson reported on the following: A strike team was sent out on Friday, September 11th to the Butte Fire, south-east of Sacramento; training drills on lifting and moving heavy objects as well as Live Fire trainings were held; and on September 7th crews responded to a man down on Malburg Way. Chief Wilson also announced the passing of former Battalion Chief Lloyd Schultz, and provided information on his services. Director of Public Works, Water and Development Services Kevin Wilson reported on the following: an update on the construction project at Slauson and Boyle; report of flooding throughout the City due to the recent downpour; and announced that the Gateway Cities will be making a presentation at the next City Council meeting on the Strategic Transportation Plan. Director of Gas & Electric Carlos Fandino reported that SB 350 passed in both the Assembly and Senate and is in the Governor’s office for signature. He will provide a report in the near future on the potential impact to the business community. Finance Director William Fox reported that the external auditors have been conducting their work and so far everything has turned out well for the City with no major exceptions at this point. Normal operations in the Finance Department are moving along with the Department catching up on various work items. Regular City Council Meeting Minutes September 15, 2015 Page 6 of 6 Director of Health and Environmental Control Leonard Grossberg reported on the following: today marks the beginning of the annual CUPA Audit Report, a full report will be provided to City Council when done; the hazardous material emergency plan has been completed; recruitment has started for the position of Environmental Specialist; and tomorrow’s Green Vernon Commission meeting has been cancelled. Senior HR Analyst Lisette Michel, reported on the following: the Health and Wellness Fair will be held on September 17th from 11 a.m. to 2 p.m.; currently working on updating existing policies and finalizing new policies to be proposed to Council; and several recruitments are taking place this week. Economic Development Manager Alex Kung, reported on the following: SB 107 was passed late Friday, and may have some impact on the City and the city’s successor agency; the ROPS was approved by the Successor Agency and Oversight Board, and will be submitted to the Finance Department in October; the City is a finalist for the LAEDC Most Business Friendly City Award, the winner will be announced on November 12; Whole Foods property is up and running, a grand opening is being planned with more information to be forthcoming for this event, it is tentatively scheduled for October 7; a request for filming was received, the filming is scheduled for September 29 in the late evening; and CR Laurence was recently sold to an Irish building company for $1.3 billion. City Clerk Maria Ayala reported on the following: received six responses for the Records Management Program RFI, and the department will work to formulate an RFP; and, and informational workshop is being planned for the residents to offer information on the City’s elections process. Fred McFarlane, Senior Advisor to the City Administrator, reported on the following: Legacy LA’s project progress and process, possible proclamation for the grand opening of Whole Foods, and the traffic congestion concerns on Santa Fe Avenue. City Administrator Mark Whitworth announced and reported on the receipt of the JLAC follow- up letter. Assistant City Administrator Kristen Enomoto reported on the following: status update on the sale of the Huntington Park units, report on Vernon Housing Commission items, and upcoming revisions to the housing remodel project. Mr. Whitworth announced the special Vernon CommUNITY Fund Grant Committee Meeting scheduled to be held September 30th. Several items on the agenda include: year-end summary report for fiscal year 2014/2015; and discussion items related to potential expansion, rolling docket grants and capital grants. The California League of Cities conference is scheduled for September 30th through October Mr. Whitworth announced and distributed retirement letters from Human Resource Director Teresa McAllister and Director of Public Works, Water and Development Services Kevin Wilson. With no further business, at 9:44 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk