2015-11-17 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, NOVEMBER 17, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez
MEMBERS ABSENT: None
The meeting was called to order at 9:02 a.m. by Mayor McCormick; Police Chief Daniel Calleros
led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that Agenda Item No. 14 will be deferred to the next Council
Meeting, December 1, 2015.
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.
Independent Reform Monitor John Van de Kamp provided comments on the transition of the City
Administrator position and recruitment process.
Diane Espinoza (Vernon City Elementary School)
Ms. Espinoza introduced herself as the new Principal for Vernon City Elementary School, along
with Amelia Carranza, School Coordinator.
Marisa Olguin (Vernon Chamber of Commerce)
Ms. Olguin thanked the City for their sponsorship for the Economic Update Luncheon scheduled
for Thursday, and provided flyers on the event for the public.
PRESENTATIONS
1. A Proclamation of the Mayor and the City Council of the City of Vernon
commending Nicolas Del Rio for providing cardiopulmonary resuscitation (CPR).
Police Chief Daniel Calleros and Fire Chief Michael Wilson reported on the life-saving event, and
acknowledged Good Samaritan Nicolas Del Rio as well as responding Police and Fire personnel.
Moises Amador-Carrasco, recovering individual, thanked everybody for being able to provide
assistance to him.
2. Quarterly Financial Update, 1st Quarter, Fiscal Year 2015-2016.
Finance Director William Fox conducted the presentation.
CONSENT CALENDAR
It was moved by Davis 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 Jerrick Torres received on November 2, 2015, in an
amount in excess of $20,000 annually.
4. Claim for Damages from Lyndon Ong Yiu received on November 2, 2015, in an
amount in excess of $20,000 annually.
Regular City Council Meeting Minutes
November 17, 2015
Page 2 of 7
Warrant Registers
5. Ratification of City Warrant Register No. 1425 to record voided Check No. 347595
in the amount of $12.20.
6. Approval of City Payroll Warrant Register No. 713, totaling $4,428,916.78, which
covers the period of October 1 through October 31, 2015, and consists of the
following:
A. Ratification of direct deposits, checks and taxes totaling $3,106,488.34; and
B. Checks and electronic fund transfers (EFT) totaling $1,322,428.44.
7. Approval of City Warrant Register No. 1436, totaling $852,920.80, which covers the
period of October 27 through November 9, 2015, and consists of the following:
A. Ratification of wire transfers totaling $431,202.43; and
B. Ratification of the issuance of early checks totaling $256,224.37; and
C. Authorization to issue pending checks totaling $165,494.00.
8. Approval of Light & Power Warrant Register No. 401, totaling $2,674,146.75, which
covers the period of October 27 through November 9, 2015, and consists of the
following:
A. Ratification of wire transfers totaling $2,463,651.43; and
B. Ratification of the issuance of early checks totaling $94,338.94; and
C. Authorization to issue pending checks totaling $116,156.38; and
D. Voided Check No. 511714 in the amount of $372.78.
9. Approval of Gas Warrant Register No. 189, totaling $1,496,972.20, which covers the
period of October 27 through November 9, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,479,129.57; and
B. Ratification of the issuance of early checks totaling $10,930.44; and
C. Authorization to issue pending checks totaling $6,912.19.
Fire Department
10. Activity Report for the period of October 16 through October 31, 2015, to be
received and filed.
Health and Environmental Control Department
11. October 2015 Monthly Report, to be received and filed.
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of
October 16, through October 31, 2015, to be received and filed.
Public Works, Water, and Development Services Department
13. October 2015 Monthly Building Department Report, to be received and filed.
Regular City Council Meeting Minutes
November 17, 2015
Page 3 of 7
NEW BUSINESS
City Administration Department
14. DEFERRED A Resolution of the City Council of the City of Vernon approving and
authorizing the execution of a California Residential Purchase Agreement and Joint
Escrow Instructions, and all related documents, with Reyes A. Lemus and Lorena
Jimenez for the real property located at 6044 Stafford Avenue, Huntington Park,
CA 90255.
Recommendation:
A. Find that approval of the proposed resolution is exempt from the California
Environmental Quality Act (CEQA), in accordance with CEQA Guidelines §
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 approving a California Residential Purchase Agreement and
Joint Escrow Instructions, and all related documents, with Reyes A. Lemus and
Lorena Jimenez for the real property located at 6044 Stafford Avenue, Huntington
Park, CA 90255.
15. Approval of End User License Agreement and Software Support Agreement with
Tritech Software Systems.
Recommendation:
A. Find that approval of the proposed End User License Agreement and Software
Support Agreement with Tritech Software Systems is exempt from California
Environmental Quality Act (CEQA) review, because it is an administrative 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. Approve a new End User License Agreement and a new Software Support
Agreement with Tritech Software Systems in an amount not to exceed $179,923.53
for a period of three years from August 25, 2015 through August 24, 2018.
IT Manager Ernesto Smith reported on the proposed.
It was moved by Ybarra and seconded by Martinez to approve the End User License Agreement
and Software Support Agreement with Tritech Software Systems. Motion carried, 5-0.
16. Approval of Authorization to Order Agreement with AT&T for the State of
California CALNET 3 Contract.
Recommendation:
A. Find that approval of the proposed Authorization to Order Agreement for the State
of California CALNET 3 Contract is exempt from California Environmental
Quality Act (CEQA) review, because it is an administrative 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. Approve a new Authorization to Order Agreement with AT&T for the State of
California CALNET 3 Contract for telecommunications and network services for a
period effective upon the execution of the Authorization to Order Agreement
through June 30, 2018.
IT Manager Ernesto Smith provided the oral report.
It was moved by Davis and seconded by Woodruff-Perez to approve the Order Agreement with
AT&T for the State of California CALNET 3 Contract. Motion carried, 5-0.
Regular City Council Meeting Minutes
November 17, 2015
Page 4 of 7
17. Resolution No. 2015-71 - A Resolution of the City Council of the City of Vernon
approving and ratifying the execution of a Second Amendment to Agreement
regarding Assignment and Assumption of Purchase and Sale Agreement by and
between the City of Vernon and Fruitland Owner, LLC for property located at 3200
Fruitland Avenue.
Recommendation:
A. Find that approval of the ratification of the Second Amendment to the agreement
regarding assignment and assumption proposed 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.
B. Approve the Ratification of the Second Amendment to the Agreement Regarding
Assignment and Assumption of Purchase and Sale Agreement with Fruitland
Owner, LLC for the property located at 3200 Fruitland Avenue.
Economic Development Manager Alex Kung reported on the recommendation.
It was moved by Martinez and seconded by Davis to approve Resolution No. 2015-71. Motion
carried, 5-0.
City Clerk Department
18. Approval of items regarding the holding of a General Municipal Election on April
12, 2016:
i) Resolution No. 2015-72 - A Resolution of the City Council of the City of Vernon,
California, calling and giving notice of an all-mail ballot General Municipal
Election to be held on Tuesday, April 12, 2016, for the election of a certain
officer as required by the provisions of the charter of the City of Vernon.
ii) Resolution No. 2015-73 - A Resolution of the City Council of the City of Vernon,
California, requesting the Board of Supervisors of the County of Los Angeles
to render specified services to the City relating to the conduct of a General
Municipal Election to be held on Tuesday, April 12, 2016.
Recommendation:
A. Find that approval of the Resolutions 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, as the
proposed is administrative in nature; and
B. Approve the Resolution calling and giving notice for a General Municipal Election
to be held on Tuesday, April 12, 2016 for the Election of one (1) City
Councilmember for the full term of five (5) years; and
C. Approve the Resolution requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the City relating to the conduct of the
General Municipal Election to be held on Tuesday, April 12, 2016.
City Clerk Maria E. Ayala reported on the proposed resolutions.
It was moved by Ybarra and seconded by Davis to approve Resolution No. 2015-72 and Resolution
No. 2015-73. Motion carried, 5-0.
Gas and Electric Department
19. First Amendment to the Astoria 2 Solar Project - Power Sales Agreement between
the City of Vernon and the Southern California Public Power Authority.
Regular City Council Meeting Minutes
November 17, 2015
Page 5 of 7
Recommendation:
A. Find that (a) the Power Sales Agreement between the Southern California Public
Power Authority and the City of Vernon is not a “project” subject to the California
Environmental Quality Act (CEQA) under Guidelines section 15378 because it
involves the administrative activity of purchasing power; and (b) even if this
approval were a “project” subject to CEQA, the approval requested is exempt in
accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA
only applies to projects that may have an effect on the environment because
purchasing power is purely a financial transaction, and any construction that may
occur by a private party in the future in reliance on this approval would be subject
to CEQA review by another governmental agency at that time when actual details
of any physical proposal would be more than speculative; and
B. Approve the First Amendment to the Astoria 2 Solar Project - Power Sales
Agreement between the City of Vernon and the Southern California Public Power
Authority (“SCPPA”), in substantially the same form as attached to the staff report,
for the purpose of purchasing solar power with associated green attributes in
compliance with the Renewable Resources Procurement Plan and Enforcement
Program in force at the City. The amendment includes Consent and Agreement
(i.e. the Facility Lender Consent), Intercreditor/Subordination Agreement, and
Non-Disturbance and Attornment Agreement; and
C. Authorize the Director of Vernon Gas & Electric (“VG&E”) to execute the First
Amendment to the Astoria 2 Solar Project - Power Sales Agreement between the
City of Vernon and SCPPA.
Utilities Compliance Manager Todd Dusenberry provided the oral report.
It was moved by Davis and seconded by Ybarra to approve the First Amendment to the Astoria 2
Solar Project - Power Sales Agreement between the City of Vernon and the Southern California
Public Power Authority. Motion carried, 5-0.
Police Department
20. Withdraw from the Los Angeles Regional Interoperable Communications System
Joint Powers Authority.
Recommendation:
A. Find that approval of the proposed notice to withdraw from the Los Angeles
Regional Interoperable Communications System (LA-RICS) Joint Powers
Authority action is exempt from California Environmental Quality Act (CEQA)
review, because it is an administrative 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. Authorize the City Administrator to issue a notice to the Los Angeles Regional
Interoperable Communications System (LA-RICS) Joint Powers Authority of
determination to withdraw from the LA-RICS board.
Police Chief Daniel Calleros reported on the recommendation.
It was moved by Woodruff-Perez and seconded by Martinez to approve the withdrawal from the
Los Angeles Regional Interoperable Communications System Joint Powers Authority. Motion
carried, 5-0.
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Regular City Council Meeting Minutes
November 17, 2015
Page 6 of 7
Public Works, Water, and Development Services Department
21. Proposed Street Vacation – Portion of Seville Avenue (between Leonis and 50th).
Recommendation:
A. Preliminary authorization for the Public Works, Water & Development Services
Department to proceed with relevant procedures in consideration of vacating a
portion of Seville Avenue (Leonis Blvd. to 50th St.) in accordance with Division 9
of the Streets and Highways Code, otherwise known as the Public Streets, Highway
and Service Easements Vacation Law for a portion of Seville Avenue and set a
hearing for such matter on December 1, 2015. CEQA requirements to be addressed
at a later date.
Director of Public Works, Water, and Development Services Kevin Wilson reported on the item.
It was moved by Davis and seconded by Ybarra to authorization and proceed with the relevant
procedures in consideration of vacating a portion of Seville Avenue. Motion carried, 5-0.
ORAL REPORTS
22. 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: November 3 strong arm robbery; and an
update from a fatal traffic accident that took place in August.
Police Captain Michael Gillman reported that there were no vandalism incidents to report on.
Fire Chief Mike Wilson reported on the following: Children’s Hospital Blood Drive scheduled for
November 19; training update; and an update on the November 11 overturned tractor trailer
incident.
Director of Public Works, Water and Development Services Kevin Wilson provided a brief update
on: work being conducted on some of the wells; and an update on the Boyle and Soto project.
Utilities Compliance Manager Todd Dusenberry reported on the following: recent tour of the
Jawbone Canyon property; update on two recent power outages;
Director of Finance Bill Fox reported on the planned audit of the Successor Agency from the State.
The City has received an email that the audit has been suspended indefinitely.
Director of Health and Environmental Control Leonard Grossberg reported on the information that
was uploaded to the City website that provides information on preparing for El Niño weather.
Interim Director of Human Resources Lisette Grizzelle, announced the second Employee Benefits
Informational Meeting that is scheduled to take place today at 2 p.m. in Council Chambers.
Economic Development Manager Alex Kung reported that the City did not win the Most Business
Friendly City Award. Mr. Kung also reported on the recent tax credit that rPlanet received, and
what other type of business incentives are available for the business community.
Senior Advisor to the City Administrator Fred MacFarlane reported on the field trip to Jawbone
Canyon and on plans for a future trip to the same. MacFarlane also reported on the special project
to modernize the City’s seal and upcoming Vernon Quarterly, Issue No. 11.
City Clerk Maria Ayala reminded everyone about the Vernon’s Election Process Informational
Meeting scheduled for November 18.
City Administrator Mark Whitworth provided a brief report on the following: upcoming Vernon
CommUNITY Fund Grant Committee Meeting scheduled for November 18.
Regular City Council Meeting Minutes
November 17, 2015
Page 7 of 7
23. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided.
Mayor McCormick recessed the meeting at 10:41 a.m. and reconvened at 10:50 a.m.
CLOSED SESSION
At 10:50 a.m., the City Council entered into closed session to discuss the following agendized
items:
24. CONFERENCE WITH LABOR NEGOTIATOR:
Government Code Section 54957.6
Agency Designated Representative: Mark Whitworth, City Administrator
Unrepresented Employee: Director of Public Works, Water & Development Services.
25. PUBLIC EMPLOYMENT (2)
Government Code Section 54957(b)(1)
A. Title: City Administrator
B. Title: Director of Public Works, Water & Development Services.
26. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Attorney
Closed session matters were recessed and reconvened at 1:41 p.m. at a different location,
Conference Room No. 1, for further discussion.
The City Council exited closed session from Conference Room No. 1 at 1:47 p.m. and reconvened
at 2:27 p.m. in Conference Room No. 2.
At 4:55 p.m., the City Council exited closed session from Conference Room No. 2. There was no
reported action.
With no further business, at 4:55 p.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk