2015-10-06 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, OCTOBER 6, 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
City Clerk, Maria Ayala, announced a change to Closed Session Agenda Item No. 26, wherein the
following individuals would be added as part of the “negotiating parties,” Marcos A. and Maria E.
Cardenas, and Osvaldo Cardenas.
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.
Xotchil Murillo (Field Representative, Assemblymember Santiago)
Ms. Murillo introduced David Juarez as a new Field Representative for Assemblymember
Santiago’s Office, and provided an update on the following: AB 1151, AB 767, AB 673, AB 1016,
AB 1339, September 19th Community BBQ, September 30th Office Hours held at Huntington Park
Library; and two upcoming Foreclosure Fairs.
Mr. Juarez briefly introduced himself.
Both Ms. Murillo and Mr. Juarez announced a Certificate of Recognition for City of Vernon
Employee, Lilia Hernandez for her extraordinary assistance to their office.
Genesis Coronado (Field Deputy, Congresswoman Roybal-Allard)
Here to present the 1st Place Winning piece for the Student Art Competition. Two framed prints
were presented to the City in recognition for partnering with Congresswoman Roybal-Allard in
this program.
CONSENT CALENDAR
1. A Proclamation of the Mayor and the City Council of the City of Vernon declaring
the week of October 18 – October 24, 2015, as Freedom from Workplace Bullies
Week.
Human Resources Director Teresa McAllister introduced the item, and explained the campaign on
Freedom from Workplace Bullies.
It was moved by Davis and seconded by Ybarra to adopt a Proclamation of the Mayor and the City
Council of the city of Vernon declaring the week of October 18-24, 2015 as Freedom from
Workplace Bullies Week. Motion carried, 5-0.
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October 6, 2015
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2. Gateway Cities Strategic Transportation Plan.
Consulting Engineer, Yvette Kirrin, from Gateway Cities Council of Governments, and Gary
Hamrick (Senior Associate from Cambridge Systematics) provided a detailed PowerPoint
presentation on the Strategic Transportation Plan.
CONSENT CALENDAR
It was moved by Martinez 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
3. Claim for Damages from Javier Rodriguez received on September 14, 2015, in an
amount in excess of $25,000.
4. Claim for Damages from Fernando Martinez received on September 28, 2015, in an
amount estimated between $1,985.22 and $3,016.80.
Minutes – To be Received and Filed
5. Minutes of the Regular City Council Meeting held September 15, 2015.
Warrant Registers
6. Ratification of the following City Warrant Registers to record the following voided
checks:
A. City Warrant Register No. 1425 to record voided Check No. 347670 in the amount
of $965.80; and
B. City Warrant Register No. 1431 to record voided Check No. 348492 in the amount
of $121.95; and
C. City Warrant Register No. 1430 to record voided Check No. 348404 in the amount
of $6,296.04.
7. Approval of City Warrant Register No. 1433, totaling $1,747,892.03, which covers
the period of September 8 through September 28, 2015 and consists of the following:
A. Ratification of wire transfers totaling $1,046,836.92; and
B. Ratification of the issuance of early checks totaling $372,438.70; and
C. Authorization to issue pending checks totaling $328,616.41.
8. Approval of Light & Power Warrant Register No. 398, totaling $6,922,784.59, which
covers the period of September 8 through September 28, 2015, and consists of the
following:
A. Ratification of wire transfers totaling $6,654,012.41; and
B. Ratification of the issuance of early checks totaling $158,472.40; and
C. Authorization to issue pending checks totaling $110,299.78.
9. Approval of Gas Warrant Register No. 186, totaling $1,648,050.70, which covers the
period of September 8 through September 28, and consists of the following:
A. Ratification of wire transfers totaling $1,585,335.59; and
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October 6, 2015
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B. Ratification of the issuance of early checks totaling $19,687.06; and
C. Authorization to issue pending checks totaling $43,028.05.
10. Approval of RDA Obligation Retirement Fund Warrant Register No. 26, totaling
$1,770.68, which covers the period of July 28 through September 28, 2015, and
consists of the following:
A. Ratification of the issuance of early checks totaling $1,770.68.
City Administration Department
11. A Proclamation of the Mayor and the City Council of the City of Vernon declaring
October 7, 2015, as Whole Foods Market Vernon Distribution Center Day.
Fire Department
12. Activity Report for the period of September 1 through September 15, 2015, to be
received and filed.
Police Department
13. Activity Log and Statistical Summary of Arrests and Activities for the period of
September 1, through September 15, 2015, to be received and filed.
Public Works, Water and Development Services Department
14. August 2015 Monthly Building Department Report, to be received and filed.
NEW BUSINESS
Fire Department
15. Approval of a Hosted Services Agreement between the City of Vernon and LiveSafe,
Inc.
Recommendation:
A. Find that approval of the proposed 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. Enter into a hosted services agreement, in substantially the same form as submitted
with the staff report, with LiveSafe, Inc. to provide a Customized Personal Safety
and Notification Mobile Application (“App”) for the City of Vernon that would
encompass all of the city services and have a two-way communication with the
businesses and the residential community.
Fire Chief Michael Wilson introduced the item and explained the service it would bring to Vernon.
Chief Wilson introduced Shy Pahlevani (Founder, Strategic Growth & Partnership Advocate for
LiveSafe). Mr. Pahlevani provided a PowerPoint presentation on the various aspects of the
LiveSafe App, and what benefits there would be to Vernon once having it in place.
It was moved by Ybarra and seconded by Davis to approve the hosted services agreement with
LiveSafe, Inc. Motion carried, 5-0.
Gas and Electric Department
16. Approving the Issuance of Three Notices Inviting Bids to Qualified Manufacturers
and Distributors for (1) Overhead Distribution Transformers, (2) Padmount
Transformers, and (3) Medium Voltage Cables.
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Recommendation:
A. Find that approval of the proposed issuance of Invitations to Bid is exempt under
the California Environmental Quality Act (CEQA) because such action is a
continuing administrative or maintenance activity (i.e. purchase of equipment and
supplies) and is therefore not a project under CEQA Guidelines section 15378(b).
In addition, even if such action were a project, it would be exempt under Sections
15301, 15302 and 15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment. The equipment referenced herein
merely replaces older equipment and improves electric system efficiency and
reliability in Vernon; and
B. Approve the issuance of Notice Inviting Bids to qualified manufacturers and
distributors for the procurement of necessary “Overhead Distribution
Transformers” in order to replenish stock to established par level; and
C. Approve the issuance of Notice Inviting Bids to qualified manufacturers and
distributors for the procurement of necessary “Padmount Transformers” in order to
replenish stock to established par level; and
D. Approve the issuance of Notice Inviting Bids to qualified manufacturers and
distributors for the procurement of necessary “Medium Voltage Power Aluminum
Cables” in order to replenish stock to established par level.
Gas and Electric Department Director Carlos Fandino introduced the item.
It was moved by Davis and seconded by Martinez to approve the issuance of three notice inviting
bids. Motion carried, 5-0.
17. Approval of the Procurement and Installation of Power Settlements SettleCore
Software for Vernon Gas & Electric Resource Planning.
Recommendation:
A. Find that the approval of the SettleCore software lease proposal is exempt under
the California Environmental Quality Act (CEQA) in accordance with CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
B. Find that the proposed Power Settlements Lease Agreement is exempt from
competitive bidding requirements, pursuant to Vernon Municipal Code §
2.17.12(A)(2) because Power Settlements offers a proprietary software element
called the Visual Analytics module within its SettleCore software package which
is the only system in the market that automatically updates real-time data in five
minute intervals. No other settlement product that is offered by any other company
provides this capability and it is an integral system component for the Resource
Planning operation in VG&E; and
C. Authorize the City Administrator to execute a three (3) year lease agreement with
Power Settlements, in substantially the same form as submitted with the staff report,
for their proprietary SettleCore system software for a total amount “not-to-exceed”
$333,818 (excluding taxes and fees) during the three (3) year term.
Mr. Fandino introduced the item and explained the benefits of the software system.
It was moved by Ybarra and seconded by Woodruff-Perez to approve the procurement and
installation of Power Settlements SettleCore Software. Motion carried, 5-0.
18. Donation of 2006 Chrysler 300 to the City of San Fernando.
Recommendation:
Items A-C:
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A. Find that approval of the proposed donation is exempt under the California
Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the
environment; and
B. Authorize the donation of a surplus 2006 Chrysler 300 automobile, to be conveyed
to the City of San Fernando; and
C. Enter into a donation and release agreement, in substantially the same form as
submitted with the staff report, with the City of San Fernando to use and retain the
vehicle as needed by the City of San Fernando.
Mr. Fandino introduced the item and explained the City’s position on no longer having a need for
this vehicle.
It was moved by Davis and seconded by Martinez to authorize the donation of the 2006 Chrysler
300 to the City of San Fernando. Motion carried, 5-0.
Human Resources Department
19. Adoption of New City of Vernon Personnel Policy and Procedure, Discipline III-6.
Recommendation:
A. Find that approval of the proposed personnel policy and procedure is exempt from
California Environmental Quality Act (CEQA) review, because it is a general
policy and procedure making activity that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute a “project”
as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a
project, because such activity will not have any effect on the environment, this
action would be exempt from CEQA review pursuant to CEQA Guidelines Section
15061(b)(3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment; and
B. Adopt the Personnel Policy and Procedure, Discipline III-6 (new) and incorporate
into the Personnel Policies and Procedures Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute
and distribute the above-referenced policy to all employees.
Ms. McAllister introduced the item and gave a brief overview of the proposed policy. Ms.
McAllister also responded to questions from the Council indicating this policy is standard practice
and in accordance with labor code, etc.
It was moved by Woodruff-Perez and seconded by Ybarra to adopt the Personnel Policy and
Procedure, Discipline III-6. Motion carried, 5-0.
Public Works, Water and Development Services Department
20. Agreement with Melvyn Green & Associates for Structural Plan Check Services.
Recommendation:
A. Find that the award of the contract for Structural Plan Check 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. Enter into a three year contract with Melvyn Green & Associates with an annual
not to exceed amount of $100,000 for structural plan check services.
Director of Public Works, Water and Development Services, Kevin Wilson introduced the item.
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It was moved by Davis and seconded by Ybarra to approve the agreement with Melvyn Green &
Associates. Motion carried, 5-0.
21. Change Order No. 1 for the Rehabilitation of Production Well No. 11 at the same
price, terms and conditions as the Rehabilitation of Production Well No. 16, CS-
0533.
Recommendation:
A. Find that Change Order No. 1 to Contract No. CS-0533, issued to General Pump
Company, Inc., for the Rehabilitation of Production Well No. 11, is exempt under
the California Environmental Quality Act (CEQA) in accordance with CEQA
Guidelines Section 15301, subsections (b) and (d), because the project involves
negligible or no expansion of use beyond that existing at the time of the lead
agency’s determination; and
B. Find that the issuance Change Order No. 1, to General Pump Company, Inc., for
Contract No. CS-0533, the Rehabilitation of Production Well No. 11, is exempt
from the competitive bidding process in accordance with City Code Section 2.17.12
(A) (5) Contracts (b) for supplies, equipment or services that can be purchased in
cooperation with other public agencies, associations or when supplies, equipment
or services can be purchased from a vendor offering the same prices, terms and
conditions as in a previous award from the City or another public agency either by
competitive bid or through a negotiated process and, in the opinion of the Finance
director, it is to the advantage of the City to do so; and
C. Approve Change Order No. 1 to Contract No. CS-0533 with General Pump
Company, Inc. expanding the services to include the Rehabilitation of Production
Well No. 11 at a not to exceed cost of $151,180.00, under the same terms and
conditions as the original contract and extending the contract by one hundred and
eighty (180) days.
Mr. Wilson introduced the item and provided information on the company and the proposal to seek
an annual contract for one company to conduct the well work. Mr. Wilson responded to questions
from Council regarding what reservoirs these wells feed.
It was moved by Ybarra and seconded by Martinez to approve Change Order No. 1 to Contract
No. CS-0533. Motion carried, 5-0.
DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF
Councilmembers Martinez and Ybarra recused themselves from the meeting at this time, as their
direct participation on Agenda Item No. 22 may present a possible conflict of interest. Both
Councilmembers recused themselves from the meeting at 10:16 a.m.
22. Options for City Housing Remodeling Project.
Mr. Wilson introduced the item and explained the potential options for remodel of seven of the
City-owned housing units. Deputy City Administrator Kristen Enomoto, Vernon Housing
Commission Legal Counsel Stuart Leviton, City Administrator Mark Whitworth, and Finance
Director Bill Fox also provided information. Included in the information presented and staff and
Council dialogue for this item was: funding options for the remodel; use of potential proceeds from
the selling of other City-owned housing that is currently for sale; existing Housing Commission
policy; market appraisals on rent amounts; Council having to consider the level and extent of
remodel and amount of rent to be charged for remodel; likelihood of future rent market increases;
rental income budgeting, etc.
After considerable dialogue on this item, with no formal direction provided to staff, the Council
agreed to table the item until the next City Council Meeting, October 20th with staff to provide
additional information at the upcoming meeting.
Councilmembers Martinez and Ybarra returned to the meeting at about 11:17 a.m.
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October 6, 2015
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ORAL REPORTS
23. 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: September 25, patrol officers responded
to an assault with a deadly weapon investigation; September 29th, an indecent exposure was
reported; Update on the sexual assault that was reported on September 9; Update on the recent
spike in commercial truck battery thefts; and reported on October 2 animal rights activist group
demonstration in front of Farmer John.
Police Captain Michael Gillman reported on two vandalism incidents, one on 52nd Drive and a
second incident was a company vehicle that had been spray-painted. Mayor McCormick, Mayor
ProTem Davis and Mr. Fred McFarlane also reported on the following areas of vandalism: fence
at Randolph and Boyle; graffiti Rotary sign; and graffiti on Boyle before Fruitland.
Fire Chief Mike Wilson reported on the following: September 19 the Area E Strike Team Engine
11 returned safely from the Butte Fire; Annual Haz Mat Physicals will begin this month;
Department will be participating in the Farmer John Health Fair on October 30; will soon be
concluding Live Fire Training; will be training this month with VG&E on procedures for
mitigating natural gas leaks; and an update on the October 5th brush fire.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
following: an update on the construction project at Slauson and Boyle; large storm water sump at
the end of 26th Street and pump failure; an update on the City meeting its water reduction use
percentage; and also reported that the City received the flood maps, and it is reported that the City
is not on a flood zone.
Director of Gas & Electric Carlos Fandino reported on the following: recent power outages and
work performed by resource group; update on status of SB 350; and the department’s current
recruitment of Gas Systems personnel.
Finance Director William Fox reported the following: an update on the City’s annual audit and the
actuaries from PERS; and an update on the efforts from bond proceeds.
Director of Health and Environmental Control Leonard Grossberg reported on the following: the
recruitment has started for the position of Environmental Specialist.
Human Resources Director Teresa McAllister reported on the following: upcoming Annual
Halloween Contest on October 29; preparing for information to be disbursed on health insurance
renewals; held the annual mandated Sexual Harassment training last week; the City will also be
participating in general services training; the next Employee Informational Meeting is scheduled
for next week; and will provide a full update on the status of all HR goals and objectives at the
next City Council meeting.
Economic Development Manager Alex Kung, reported that tomorrow will be the Whole Foods
grand opening event.
City Clerk Maria Ayala reported on the following: upcoming November 18th informational
community meeting on the City’s election process.
Fred McFarlane, Senior Advisor to the City Administrator, reported on the forthcoming Vernon
Quarterly.
City Administrator Mark Whitworth announced and reported on the following: update from the
Special Vernon Community Fund Grant Committee meeting was held on September 30; JLAC
update; update from the Vernon Chamber of Commerce Golf Tournament; update from staff and
Councilmembers attending the annual League of California Cities Conference; and the City will
be closed on Monday in observance of Columbus Day.
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24. City Council Reports – brief report on activities, announcements, or directives to staff.
No City Council reports.
Mayor McCormick recessed the meeting for a brief break at 11:48 a.m. and reconvened the
meeting at 11:55 a.m.
CLOSED SESSION
At 11:55 a.m., the City Council entered into closed session to discuss the following agendized
item:
25. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9
Number of potential cases: 1
26. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 6044 Stafford Avenue, Huntington Park, CA 90255
Agency Negotiator: Luther Sanchez, Century 21 Allstars, and Mark Whitworth, City
Administrator
Negotiating Party: Pascual and Maria G. Alvarez; and
Marcos A. and Maria E. Cardenas, and Osvaldo Cardenas.
Under Negotiation: Price and Terms of California Residential Purchase Agreement and
Joint Escrow Instructions.
27. PUBLIC EMPLOYMENT (2)
Government Code Section 54957(b)(1)
1. Title: Director of Human Resources
2. Title: Director of Public Works, Water & Development Services
At 12:55 p.m. the City Council exited closed session. City Attorney Hema Patel announced that
there was no reportable action from closed session.
With no further business, at 12:55 p.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
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Maria E. Ayala
City Clerk