2015-10-20 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, OCTOBER 20, 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; Councilmember Woodruff-
Perez led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that item No. 27, the Options for City Housing Remodeling Project,
will be addressed following the Public Hearings. No other changes to the agenda were announced.
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 one responded.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards.
September 2015 Anniversary
Employee Name Job Title Years
1. Daniel Santos Police Sergeant 20
2. Christopher Delgado Metering Technician 15
3. Irene Castillo Senior Account Clerk 15
Director of Human Resources Teresa McAllister reported on the item. The following employees
were present to receive their Service Pin: Christopher Delgado and Irene Castillo. Sergeant Santos
was not in attendance.
2. A Proclamation of the Mayor and the City Council of the City of Vernon
commending Teresa McAllister for her dedicated service to the City of Vernon.
Mayor McCormick read and presented the proclamation to retiring Human Resources Director
Teresa McAllister. McAllister thanked the City.
3. A Proclamation of the Mayor and the City Council of the City of Vernon
commending Police Canine Officer Donald Vanover and Police Canine Rico for
their dedication and service to the citizens of Vernon as a member of the Vernon
Police Department.
4. A Proclamation of the Mayor and the City Council of the City of Vernon
commending Police Canine Officer Kent Stevenson and Police Canine Roy for their
dedication and service to the citizens of Vernon as a member of the Vernon Police
Department.
Mayor McCormick read the two (2) proclamations concerning canine retirements; Police Chief
Daniel Calleros reported on the same, and presented said proclamations.
Chief Calleros also announced the retirement of Officer Donald Vanover.
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5. A Proclamation of the Mayor and the City Council of the City of Vernon
commending C.R. Laurence Co., Inc. for their economic contribution to the City of
Vernon and the surrounding communities.
Mayor McCormick read and presented the proclamation; Economic Development Manager Alex
Kung reported on the same.
C.R. Lawrence representatives Lloyd Talbert and Arty Feles were in attendance to receive the
proclamation.
6. Los Angeles Economic Development Corporation (LAEDC) Most Business Friendly
City Finalist Recognition.
Economic Development Manager Alex Kung introduced the item. Barbara Levine of the LAEDC
and Jessica Marquez, Field Representative for Office of Supervisor Hilda Solis, further reported
and presented the City with a commendation award
7. Verdugo Fire Communications Center.
Fire Chief Michael Wilson reported on the item. Don Wise, Executive Director for Verdugo
Communication Center, further reported on the facility and its services.
At 9:47 a.m. the City Council recessed the meeting and reconvened at 9:58 a.m.
PUBLIC HEARINGS
8. Public comment on the establishment of Vernon’s new Transmission Revenue
Balancing Account Adjustment for its high voltage (over 200 kV) transmission
entitlements (all located outside the City) pursuant to Vernon’s Transmission
Owner Tariff.
Resolution No. 2015-64 - A Resolution of the City Council of the City of Vernon
establishing a Transmission Revenue Balancing Account Adjustment for 2016 in
accordance With Vernon’s Transmission Owner Tariff and providing for tariff
sheet changes to implement the adjustment.
Recommendation:
A. Find that the establishment of a new Transmission Revenue Balancing Account
Adjustment (TRBAA) 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. Conduct a Public Hearing; and
C. Approve the Resolution establishing a New Transmission Revenue Balancing
Account Adjustment for 2016 which:
1. Adopts the newly calculated TRBAA of a positive $411;
2. Adopts the replacement of the existing TRBAA of positive $12,458 with the
new TRBAA for 2016 of a positive $411;
3. Adopts the attached revised Appendix I of Vernon’s TO Tariff reflecting the
TRBAA of positive $411; and
D. Authorize outside counsel to submit the City of Vernon’s TRBAA and supporting
documentation to the Federal Energy Regulatory Commission (FERC) on behalf of
the City of Vernon.
Mayor McCormick opened the public hearing for the above referenced matter at 9:58 a.m.
Director of Gas and Electric Carlos Fandino provided the oral report. In response to Mayor Pro-
Tem Davis, Fandino confirmed that no written comments had been received.
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At 10:00 a.m., Mayor McCormick opened the public comment portion of the hearing. With no
public comment, nor further deliberation, the public comment and public hearing closed at 10:00
a.m.
It was moved by Davis and seconded by Martinez to approve Resolution No. 2015-64. Motion
carried, 5-0.
9. Public comment on the establishment of Vernon’s new Existing Transmission
Contract Adjustment for its high voltage (over 200 kV) transmission entitlements
(all located outside the City) pursuant to Vernon’s Transmission Owner Tariff.
Resolution No. 2015-65 - A Resolution of the City Council of the City of Vernon
adopting a new Transmission Revenue Requirement for 2016 in accordance with
Vernon’s transmission owner tariff and providing for tariff sheet changes to
implement the adjustment.
Recommendation:
A. Find that the establishment of a new Transmission Revenue Requirement (TRR)
associated with Vernon’s high voltage entitlements 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. Conduct a Public Hearing; and
C. Approve the Resolution, pursuant to the Transmission Owner Tariff, to be effective
on January 1, 2016, for the establishment of the City’s new TRR Transmission
Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing the
new TRR, as described in the Gas & Electric TRR Report dated on or about October
20, 2015; and
D. Authorize outside counsel to submit the City’s TRR, the amended Appendix I to
the Vernon TO Tariff, and supporting documentation such as the TRR Report, to
the Federal Energy Regulatory Commission (FERC) on behalf of the City of
Vernon.
Mayor McCormick opened the public hearing for the above referenced matter at 10:00 a.m.
Director of Gas and Electric Carlos Fandino provided the oral report.
At 10:02 a.m., Mayor McCormick opened the public comment portion of the hearing. With no
public comment, or Council deliberation, the public comment and public hearing closed at 10:03
a.m.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2015-65. Motion
carried, 5-0.
10. Public comment on Variance to Meredith Baer/Three Angels Investment LLC to
create a lot less than one acre in size and less than 150 foot frontage.
Resolution No. 2015-66 - A Resolution of the City Council of the City of Vernon
approving a variance to Meridith Baer from Section 26.4.1-8(G) of the Vernon City
Code, for the property located at 4820 Everett Court.
Recommendation:
A. Find that approval of the proposed variance is categorically exempt from review
under the California Environmental Quality Act (CEQA) in accordance with Class
5, Section 15305 of the CEQA Guidelines, “Minor Alterations in Land
Limitations,” because the proposed lot line adjustment is a minor alteration in a
land use limitation in an area with an average slope of less than 20% that does not
result in any changes in land use or density. A Notice of Exemption will be prepared
and filed with the County Clerk; and
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October 20, 2015
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B. Adopt a resolution approving a variance from Section 26.4.1-8 (g) which mandates
that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any
use unless the lot is at least one acre in size, subject to certain conditions, to Three
Angels Investment, LLC for the property located at 4726 Everett Court; and
C. Grant to Three Angels Investment, LLC a waiver from Section 28.28 (b) of the City
Code that requires each lot to have a minimum frontage of 150 feet on a public
street.
Mayor McCormick opened the public hearing on the above referenced at 10:03 a.m. Director of
Public Works, Water, and Development Services Kevin Wilson presented the recommendation.
At 10:09 a.m., Mayor McCormick opened the public comment portion of the hearing.
Stuart Leviton, legal counsel for Meredith Bear, provided comments in favor of the proposed.
At 10:12 a.m., the public comment and public hearing closed.
It was moved by Ybarra and seconded by Davis to approve Resolution No. 2015-66. Motion
carried, 5-0.
DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF
The following item was addressed out of order from that listed on the posted agenda.
27. Options for City Housing Remodeling Project (continued).
Councilmembers Ybarra and Martinez announced that they have a conflict of interest with the
agenda item, specifically that the proposed improvements will result in an increase to their rent,
and recused themselves from participating in and voting on this issue. Both Councilmembers
excused themselves from the dais but exercised their right under California Code of Regulations
Section 18704.5(d)(3) to listen to public discussion and speak on the matter as a member of the
public.
Deputy City Administrator Kristen Enomoto reported on the additional information requested by
Council at the previous meeting. Director of Public Works, Water and Development Services
Kevin Wilson reported on the proposed options. Vernon resident Melissa Ybarra provided public
comment.
Enomoto clarified that staff is seeking a guidance from City Council on the level of improvements
that should be made. The Vernon Housing Commission (VHC) is scheduled to conduct a rent
review in 2016.
VHC Legal Counsel Stuart Leviton further reported on the item.
The remaining member of City Council at the dais held discussion and asked various questions of
staff and counsel.
Deputy City Attorney Brian Byun clarified that the Council believes that proceeds from the sale
of Huntington Park units will be allocated to the remodeling costs.
Council continued discussions. Wilson provided various alternate solutions
Mayor McCormick directed staff to bid for repairs of the one (1) currently vacant unit under the
two (2) proposed scope of works in order to determine potential costs.
Councilmembers Ybarra and Martinez rejoined the rest of the Council at the dais.
CONSENT CALENDAR
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October 20, 2015
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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
11. None.
Warrant Registers
12. Approval of City Payroll Warrant Register No. 712, totaling $3,061,652.21, which
covers the period of September 1, through September 30, 2015, and consists of the
following:
A. Ratification of direct deposits, checks and taxes totaling $2,156,447.30; and
B. Checks and electronic fund transfers (EFT) paid through General bank account
totaling $905,204.91.
13. Approval of City Warrant Register No. 1434, totaling $1,604,324.38, which covers
the period of September 29 through October 12, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,263,971.75; and
B. Ratification of the issuance of early checks totaling $249,812.45; and
C. Authorization to issue pending checks totaling $90,540.18.
14. Approval of Light & Power Warrant Register No. 399, totaling $598,816.26, which
covers the period of September 29 through October 12, 2015, and consists of the
following:
A. Ratification of wire transfers totaling $498,450.70; and
B. Ratification of the issuance of early checks totaling $23,551.24; and
C. Authorization to issue pending checks totaling $76,814.32.
15. Approval of Gas Warrant Register No. 187, totaling $133,049.11, which covers the
period of September 29 through October 12, 2015, and consists of the following:
A. Ratification of wire transfers totaling $112,435.83; and
B. Ratification of the issuance of early checks totaling $19,429.42; and
C. Authorization to issue pending checks totaling $1,183.86.
City Administration Department
16. Council Conference Attendance Report.
Recommendation:
A. Receive and file the Council Conference attendance report to the League of
California Cities Annual Conference and Expo.
Fire Department
17. Activity Report for the period of September 16 through September 30, 2015, to be
received and filed.
Health and Environmental Control Department
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18. September 2015 Monthly Report, to be received and filed.
Police Department
19. Canine Retirement and Purchase/Transfer Agreement.
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. Authorize the execution of a police canine purchase/transfer agreement, in
substantially the same form as submitted with the staff report, to be conveyed to
Kent Stevenson; and
C. Authorize the execution of a police canine purchase/transfer agreement, in
substantially the same form as submitted with the staff report, to be conveyed to
Donald Vanover; and
D. Authorize the City Administrator to execute the agreements on behalf of the City,
in substantially the same form as submitted herewith.
20. Activity Log and Statistical Summary of Arrests and Activities for the period of
September 16, through September 30, 2015, to be received and filed.
Public Works, Water, and Development Services Department
21. September 2015 Monthly Building Department Report, to be received and filed.
NEW BUSINESS
Fire Department
22. Approval to Purchase One (1) Paramedic Rescue Ambulance for the Fire
Department.
Recommendation:
A. Find that approval of the proposed purchase 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 purchase of one (1) Paramedic Rescue Ambulance from Leader
Industries in the amount of $164,882.82, and authorize the Purchasing Department
to issue a purchase order to Leader Industries to replace the current 2001 Paramedic
Rescue Ambulance that no longer meets the needs of the department.
Fire Chief Michael Wilson reported on the proposed.
It was moved by Davis and seconded by Martinez to approve the purchase of one (1) paramedic
rescue ambulance. Motion carried, 5-0.
Gas and Electric Department
23. Resolution No. 2015-67 - A Resolution of the City Council of the City of Vernon
approving and adopting the Vernon Gas & Electric Department Resource
Adequacy Plan for 2016, which includes the peak demand forecast, the planning
reserve margin, the qualifying capacity criteria and the qualifying capacity from
such resources, city’s resource adequacy and supply data and approves the
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resources used to satisfy the California Independent System Operator’s Tariff
Requirements.
Recommendation:
A. Find that the approval of the City of Vernon Gas & Electric Department Resource
Adequacy Plan for 2016 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 Resolution establishing the City of Vernon Gas & Electric Department
Resource Adequacy Plan for 2016 that adopts:
a. The approval of the coincident peak Demand Forecast for 2016;
b. The approval to retain the same 15% Reserve Margin for planning purposes;
c. The approval of the Qualifying Capacity Criteria that will be used for
determining qualifying resource types and the Qualifying Capacity from such
resources;
d. The approval of the City’s annual and monthly Resource Adequacy and
Supply data;
e. The approval of the Resource Adequacy resources that will be counted on to
satisfy the City’s Local Capacity Requirement and Flexible Resource
Adequacy Capacity Requirement for 2016; and
C. Authorize staff to submit the City of Vernon Gas & Electric Department‘s Resource
Adequacy (RA) Plan for 2016 and the Monthly Resource Adequacy and Supply
data to the CAISO.
Director of Gas and Electric Carlos Fandino reported on the item.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2015-67.
Motion carried, 5-0.
Human Resources Department
24. Adoption of New City of Vernon Personnel Policy and Procedures, Criminal
Background and Live Scan Policy I-13, Tattoo and Body Piercing Policy I-16,
Alcohol and Drug-Free Workplace Policy III-1, Tardiness Policy III-4, and
Administrative Manual Policies, Electronic Equipment and Systems Use Policy 5.1
and Mobile Communication Device Use Policy 5.2.
Recommendation:
A. Find that approval of the proposed administrative and personnel policy and
procedures are 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 new Personnel Policy and Procedures, Criminal Background and Live
Scan Policy I-13, Tattoo and Body Piercing Policy I-16, Alcohol and Drug-Free
Workplace Policy III-1, Tardiness Policy III-4, and Administrative Manual
Policies, Electronic Equipment and Systems Use Policy 5.1 and Mobile
Communication Device Use Policy 5.2 and incorporate into the Personnel Policies
and Procedures Manual and Administrative Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute
and distribute the above-referenced policies to all employees.
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Human Resources Director Teresa McAllister provided the oral report. McAllister noted that the
Vernon Fireman’s Association does not support the Criminal Background and Live Scan Policy I-
13, but acknowledge that the meet and confer process has been satisfied.
It was moved by Ybarra and seconded by Martinez to approve the proposed Personnel Policy and
Procedures. Motion carried, 5-0.
25. Goals and Accomplishments of the Human Resources Department.
Recommendation:
A. Find that the update on the goals and accomplishments of the Human Resources
Department 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. Receive and file the report.
Human Resources Director Teresa McAllister presented the item.
Independent Reform Monitor John Van de Kamp commended McAllister on all the
accomplishments.
It was moved by Ybarra and seconded by Davis to receive and file the report. Motion carried, 5-
0.
Public Works, Water and Development Services Department
26. Change Order No. 2 to Contract No. CS-0533, General Pump Company.
Recommendation:
A. Find that Change Order No. 2 for the installation of a 4-inch Swage Patch at
Production Well No. 16, 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 lead agency’s determination; and
B. Ratify the approval of Change Order No. 2 to Contract No. CS-0533 with General
Pump Company, Inc., expanding the services to include the installation of a 4-inch
Swage Patch at Production Well No. 16, at a not-to-exceed cost of $10,850.00.
Director of Public Works, Water and Development Services Kevin Wilson reported on the item.
In response to Councilmember Ybarra, Wilson advised that testing will determine whether
additional work is necessary.
It was moved by Davis and seconded by Ybarra to approve Change Order No. 2 to Contract No.
CS-0533 with General Pump Company. Motion carried, 5-0.
ORAL REPORTS
28. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on recent incidents.
Captain Gillman reported on two vandalism incidents.
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Fire Chief Michael Wilson announced upcoming blood drive and training. Wilson reported on
recent incidents.
Information Technology Manager Ernesto Smith reported on the implementation of tablet use at
the next Council meeting.
Senior Advisor to the City Administrator Fred McFarlane reported on the upcoming Vernon
Quarterly.
Independent Reform Monitor John Van de Kamp reported on the recent Vernon Sun article
concerning the Vernon City Council.
City Administrator Mark Whitworth announced the trip to Jawbone Canyon on November 16,
2015, and provided an update on the hiring of a Senior Administrative Assistant and JLAC follow-
up letter. He and Finance Director William Fox will be attending a CalPERS education forum
next week.
All members of staff individually thanked and wished retiring Human Resources Director Teresa
McAllister well.
29. City Council Reports – brief report on activities, announcements, or directives to staff.
All members of Council also thanked and wished retiring Human Resources Director Teresa
McAllister well.
CLOSED SESSION
At 11:34 a.m., the City Council entered into closed session to discuss the following agendized
item:
30. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)(1)
Title: Interim Director of Human Resources
31. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 3200 Fruitland Ave Vernon
Agency Negotiator: Mark Whitworth, City Administrator/ Alex Kung, Economic
Development Manager
Negotiating Party: Fruitland Owner LLC, A Delaware Limited Liability Company (COX)
Under Negotiation: Amendment to Price and Terms of Assignment and Assumption of
Purchase and Sales Agreement
At 11:52 a.m., the City Council exited closed session. Deputy City Attorney Brian Byun reported
the following:
- Re: Public Employee Appointment: the City Council voted unanimously to appoint Lisette
Michel Grizzelle as the Interim Director of Human Resources; and
- Re: Conference with Real Property Negotiators: No reportable action.
With no further business, at 11:52 a.m., Mayor McCormick adjourned the meeting.
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________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk