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2015-11-03 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 3, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Ybarra, and Woodruff-Perez MEMBERS ABSENT: Martinez The meeting was called to order at 9:02 a.m. by Mayor McCormick; Councilmember Woodruff- Perez led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that 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. PUBLIC HEARINGS 1. Public comment on the rPlanet Earth Los Angeles, LLC request for a Conditional Use Permit to construct and operate a recycling and packaging manufacturing facility. Resolution No. 2015-68 - A Resolution of the City Council of the City of Vernon approving a Conditional Use Permit for rPlanet Earth Los Angeles, LLC to construct and operate a recycling facility located at 3200 Fruitland Avenue. Recommendation: A. Adopt a resolution approving a conditional use permit to allow rPlanet Earth Los Angeles LLC to construct and operate a recycling facility, subject to the conditions of approval for the property located at 3200 Fruitland Avenue; and B. Adopt a Mitigated Negative Declaration finding that the project will not have a significant impact on the environment, or to the extent potentially significant effects exist, revisions in the project plans or proposals made by, or agreed to by rPlanet Earth before the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence, in light of the whole record before the City, that the project as revised may have a significant effect on the environment within the meaning of the California Environmental Quality Act (CEQA). Mayor McCormick opened the public hearing at 9:03 a.m. Kevin Wilson, Director of Public Works, Water and Development Services, introduced the item and provided a PowerPoint presentation that included information on the conditional use permit for rPlanet; and also provided a supplemental to the original staff report (copies provided to the Council with additional copies being made available for the public). Mayor ProTem Davis had questions regarding the actual property. Mr. Wilson responded to Council questions accordingly. Independent Reform Monitor John Van De Kamp had questions regarding potential developers for the site. Mr. Wilson responded that there was, and briefly provided additional information. Regular City Council Meeting Minutes November 3, 2015 Page 2 of 6 No additional public comment was provided. It was moved by Davis and seconded by Woodruff-Perez to approve Resolution No. 2015-68. Motion carried, 4-0. CONSENT CALENDAR It was moved by Ybarra and seconded by Davis 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 2. None. Minutes – To be Received and Filed 3. Minutes of the Regular City Council Meeting held October 6, 2015. 4. Minutes of the Regular City Council Meeting held October 20, 2015. Warrant Registers 5. Ratification of City Warrant Register No. 1433 to record the following voided checks: A. Voided Check No. 348740 in the amount of $28.25; and B. Voided Check No. 348710 in the amount of $28.25. 6. Approval of City Warrant Register No. 1435, totaling $894,166.99, which covers the period of October 13 through October 26, 2015, and consists of the following: A. Ratification of wire transfers totaling $442,601.65; and B. Ratification of the issuance of early checks totaling $206,759.02; and C. Authorization to issue pending checks totaling $244,806.32. 7. Approval of Light & Power Warrant Register No. 400, totaling $4,470,655.98, which covers the period of October 13 through October 26, 2015, and consists of the following: A. Ratification of wire transfers totaling $4,420,500.03; and B. Ratification of the issuance of early checks totaling $37,823.74; and C. Authorization to issue pending checks totaling $12,332.21. 8. Approval of Gas Warrant Register No. 188, totaling $18,375.42, which covers the period of October 13 through October 26, 2015, and consists of the following: A. Ratification of the issuance of early checks totaling $16,636.02; and B. Authorization to issue pending checks totaling $1,739.40. Fire Department 9. Activity Report for the period of October 1 through October 15, 2015, to be received and filed. Regular City Council Meeting Minutes November 3, 2015 Page 3 of 6 Police Department 10. Activity Log and Statistical Summary of Arrests and Activities for the period of October 1, through October 15, 2015, to be received and filed. NEW BUSINESS City Administration Department 11. Resolution No. 2015-69 - Resolution No. 2015-A Resolution of the City Council of the City of Vernon appointing Lisette Grizzelle to serve as the Interim Director of Human Resources of the City of Vernon. Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is a an administrative or maintenance 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; and B. Adopt the resolution appointing Lisette Grizzelle to serve as the Interim Director of Human Resources effective November 2, 2015. Lisette Grizzelle, Sr. Human Resource Analyst, excused herself from the meeting at 9:27 a.m. Mark Whitworth, City Administrator, introduced the item and explained the basis for recommending Ms. Grizzelle as Interim Director of Human Resources during the recruitment process to fill this vacancy. It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2015-69. Motion carried, 4-0. Ms. Grizzelle returned to the meeting at this point. Human Resources Department 12. Adoption of Updated City of Vernon Personnel Policy and Procedure, Salary Plan Administration Policy II-3. 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, Salary Plan Administration Policy II- 3 (updated) and incorporate into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Interim Director of Human Resources to execute and distribute the above-referenced policy to all employees. Ms. Grizzelle introduced the item and briefly explained the update to the existing policy. It was moved by Davis and seconded by Ybarra to adopt the updated City of Vernon Personnel Policy and Procedures, Salary Plan Administration Policy II-3. Motion carried, 4-0. Regular City Council Meeting Minutes November 3, 2015 Page 4 of 6 Police Department 13. Drug Enforcement Administration Agreement. Recommendation: A. Find that the proposed agreement is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on the environment; and B. Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration (DEA), in substantially the same form as submitted with the Staff Report, for continued participation in the Southwest Border Initiative (SWBI) taskforce. Captain Gillman introduced the item and briefly reviewed staff’s recommendation. It was moved by Woodruff-Perez and seconded by Davis to authorize the agreement with the Drug Enforcement Administration. Motion carried, 4-0. Public Works, Water, and Development Services Department 14. Approve the services agreement with Alta Planning + Design for Transportation Planning and Engineering services to prepare a bicycle master plan. Recommendation: A. Find that the approval of the proposed services agreement with Alta Planning + Design for Transportation Planning and Engineering services to prepare a bicycle master plan 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 an agreement with Alta Planning + Design for an amount not to exceed $59,997.99 for Transportation Planning and Engineering services to perform a feasibility study and prepare a bicycle master plan. Mr. Wilson introduced the item and briefly reviewed the services to be provided. It was moved by Ybarra and seconded by Davis to approve the Alta Planning + Design agreement. Motion carried, 4-0. 15. Amendment No. 2 to the existing Labor and Materials Contract between the City of Vernon and Haul-Away Rubbish Services Company, Inc., for Refuse Collection, Recycling, and Disposal Services, Contract No. CS-0448. Recommendation: A. Find that the approval of Amendment No. 2 is exempt under the California Environmental Quality Act (CEQA) in accordance with (a) 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) Guidelines Section 15301, because the proposed Amendment No. 2 involves a minor alteration of existing facilities with no expansion of the existing use; and B. Approve Amendment No. 2 to the existing Labor and Materials Contract between the City of Vernon and Haul-Away Rubbish Service Company, Inc., for Refuse Collection, Recycling and Disposal Services, Contract No. CS-0448 to increase the total compensation an additional $900.00 per fiscal year to add one (1) three (3) yard green-waste bin at 4305 Santa Fe Avenue. Mr. Wilson introduced the item and briefly explained the agreement. Regular City Council Meeting Minutes November 3, 2015 Page 5 of 6 It was moved by Woodruff-Perez and seconded by Ybarra to approve Amendment No. 2 for Contract No. CS-0448. Motion carried, 4-0. 16. Resolution No. 2015-70 - A Resolution of the City Council of the City of Vernon granting a building code variance to Lehrer Family Properties, LP from table 705.8 of the California Building Code, for the property located at 4889 and 4789 Loma Vista Avenue. Recommendation: A. Find that approval of the proposed building code variance is categorically exempt from review under the California Environmental Quality Act (CEQA) in accordance with Class 1, Section 15301 of the CEQA Guidelines, “Existing Facilities,” because it is an existing facility with no expansion of manufacturing and distribution use of the buildings. A Notice of Exemption will be prepared and filed with the County Clerk; and B. Adopt a resolution approving a building code variance from the 2013 CBC, Table No. 705.8 which does not permit openings in the exterior walls within three (3) feet of a property line, subject to certain conditions, to Nuconic Packaging, LLC for the property located at 4889 Loma Vista Avenue. Mr. Wilson introduced the item and provided a PowerPoint presentation that included information on the code variance. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-70. Motion carried, 4-0. ORAL REPORTS 17. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Captain Michael Gillman reported on the following: October 27 hit-and-run accident; October 31 trespassers at vacant building; and various vandalism activity throughout the City. Fire Chief Mike Wilson reported on the following: HazMat physicals soon to be completed; November 19 Blood Drive for Children’s Hospital; October 28 3rd alarm commercial structure fire; and two stabbing incidents: October 22 and November 1. Director of Public Works, Water and Development Services Kevin Wilson reported on the following: brief explanation about the investment regarding rPlanet; and updates on various construction projects. Director of Gas and Electric Carlos Fandino reported on recent outages; and also explained the process for the Malburg Generation Station going offline for maintenance. Director of Finance Bill Fox announced he will be providing a quarterly financial update at the next City Council meeting; and also thanked the Councilmembers that participated in the recent Halloween activities for the City. Director of Health and Environmental Control Leonard Grossberg reported that he and another staff member attended the annual LEA Training Symposium for organics recycling. Interim Director of Human Resources Lisette Grizzelle reported on the following: also thanked the Councilmembers for participating in the Halloween activities; announced the benefits open enrollment and various upcoming informational meetings; and also provided an update on the recruitment process for the Director of Public Works. Economic Development Manager Alex Kung announced the upcoming Eddy Awards dinner, November 12, where the City will be recognized as a finalist for the Most Business Friendly City Award. Regular City Council Meeting Minutes November 3, 2015 Page 6 of 6 Senior Advisor to the City Administrator Fred MacFarlane reported on the upcoming 10th edition of the Vernon Quarterly and field trip to Jawbone Canyon scheduled for November 16, 2015. City Clerk Maria Ayala announced that a resolution to call the next general municipal election, April 12, 2016, will be presented to Council at the next regular meeting. Also announced the upcoming Vernon’s Election Process Informational Meeting scheduled for November 18. City Administrator Mark Whitworth reported on the following: attended a tour of the General Mills facility; next Vernon CommUNITY Fund Grant Committee Meeting will be on November 18; announced the newly hired Administrative Assistant, Veronica Loya, who will be providing administrative support to the IT Division and Industrial Development; and provided a brief report on having attended the CalPERS forum with Bill Fox; and also shared that Fire Chief Mike Wilson was asked to be the guest speaker at a recent Rio Hondo Fire Academy Graduation. 18. City Council Reports – brief report on activities, announcements, or directives to staff. Mayor Pro-Tem Davis thanked all departments for their participation on the Halloween activities. Mayor McCormick commended the Human Resources Department for a job well done with the recent activities. CLOSED SESSION At 9:58 a.m., the City Council entered into closed session to discuss the following agendized item: 19. PUBLIC EMPLOYMENT (2) Government Code Section 54957(b)(1) A. Title: City Administrator B. Title: Director of Human Resources 20. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957(b)(1) Title: City Attorney At about 11:30 a.m. the City Council exited closed session with no reportable action. With no further business, at about 11:30 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk