2016 01-05 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JANUARY 5, 2016, 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 9:00 a.m. by Mayor McCormick; Councilmember Woodruff-
Perez led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria E. Ayala announced that Item No. 15, the bid award for urban forest management
services, Contract No. CS-0607, is removed from 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.
Independent Reform Monitor John Van de Kamp provided public comment and recommendations
on the City Administrator and Human Resources Director recruitment process. Van de Kamp also
provided public comment on the performance evaluation process for the Executive Team.
Vernon Chamber of Commerce President Marisa Olguin echoed comments made by Van de Kamp
and provided comments concerning the renewal of a contract with Independent Reform Monitor
John Van de Kamp.
PRESENTATIONS
1. Los Angeles County Bicycle Coalition announcement on the Operation Firefly
program.
Kelly Martin, Development Director at the Los Angeles County Bicycle Coalition, reported on the
grant funding received from the City, the work being performed in the area, and introduced and
invited all to the Operation Firefly Event.
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, 5-0.
Claims Against the City – Received and Filed
2. Claim for Damages from Ad Art Co received on December 15, 2015 in the amount
of $17,222.
Minutes – To be Received and Filed
3. Minutes of the Regular City Council Meeting held December 1, 2015.
4. Minutes of the Special and Regular City Council Meeting held December 15, 2015.
5. Minutes of the Special City Council Meeting held December 15, 2015, at 1:00 p.m.
6. Minutes of the Special City Council Meeting held December 28, 2015.
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Warrant Registers
7. Approval of City Warrant Register No. 1439, totaling $2,543,800.81, which covers
the period of December 8 through December 28, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,977,670.89; and
B. Ratification of the issuance of early checks totaling $353,501.14; and
C. Authorization to issue pending checks totaling $192,628.78.
8. Approval of Light & Power Warrant Register No. 404, totaling $5,362,528.10, which
covers the period of December 8 through December 28, 2015, and consists of the
following:
A. Ratification of wire transfers totaling $5,291,922.51; and
B. Ratification of the issuance of early checks totaling $44,264.98; and
C. Authorization to issue pending checks totaling $26,340.61.
9. Approval of Gas Warrant Register No. 192, totaling $128,983.79, which covers the
period of December 8 through December 28, 2015, and consists of the following:
A. Ratification of wire transfers totaling $109,005.27; and
B. Ratification of the issuance of early checks totaling $13,697.55; and
C. Authorization to issue pending checks totaling $6,280.97.
10. Approval of RDA Obligation Retirement Fund Warrant Register No. 28, totaling
$398.59, which covers the period of November 24 through December 28, 2015, and
consists of the following:
A. Ratification of the issuance of early checks totaling $398.59.
Fire Department
11. Activity Report for the period of December 1 through December 15, 2015, to be
received and filed.
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of
December 1, through December 15, 2015, to be received and filed.
Public Works, Water, and Development Services Department
13. November 2015 Monthly Building Department Report, to be received and filed.
NEW BUSINESS
City Administration Department
14. Continued Item - Proposed One-Year Professional Services Agreement with John
Van de Kamp of Mayer Brown LLP to Serve as Special Advisor to the City of
Vernon.
Recommendation:
A. Find that approval of the proposed agreement is exempt from the California
Environmental Quality Act (CEQA), in accordance with CEQA Guidelines §
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15061(b)(3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment; and
B. Approve, in concept, a proposed Professional Services Agreement with John Van
de Kamp of Mayer Brown LLP to serve as Special Advisor to the City of Vernon
for a period of one year, effective February 15, 2016; and
C. Provide direction and authorization to the City Administrator to negotiate the
specific scope and terms of the proposed agreement with Mr. Van de Kamp, and
present a final recommendation regarding such an agreement to City Council prior
to February 15, 2016.
Deputy City Administrator Kristen Enomoto reported on the item.
Independent Reform Monitor John Van de Kamp provided public comment, suggesting a renewal
of the agreement under the same terms and scope of work with a possible change to the title.
Marissa Olguin, President of the Vernon Chamber of Commerce, provided public comment in
support of the renewal and maintaining the independent role.
It was moved by Davis and seconded by Ybarra to approve the proposed one-year professional
services agreement with John Van Kamp to serve as special advisor to the City. Motion carried,
5-0.
Staff was directed to negotiate a one-year service agreement with the same current scope of service
with a possible title change. Final proposed agreement will be presented to City Council for
consideration at a subsequent meeting.
Public Works, Water and Development Service Department
15. REMOVED - Bid Award for Urban Forest Management Services, Contract No. CS-
0607.
Recommendation:
(Items A-B)
A. Find that entering into the proposed contract for Urban Forest Management
Services 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)
Section 15301, because the proposed service involves an existing project
with negligible or no expansion of use; and
B. Accept the bid from Trimming Land Company, Inc., as the lowest responsive and
responsible bidder and enter into the attached contract, in an amount not to exceed
$233,755.00 For Urban Forest Management Services, Contract No. CS-0607.
ORDINANCES
16. Ordinance No. 1235 - An Ordinance of the City Council of the City of Vernon
amending the zoning code to regulate distributed generation within the City of
Vernon and to correct a typographical error in the billboard zoning requirements
and adopt a negative declaration pursuant to the California Environmental Quality
Act; and repealing all ordinances or parts of ordinances in conflict herewith.
(second reading)
Recommendation:
A. Adopt an ordinance amending the City of Vernon’s Zoning ordinance to 1) Define
Distributed Generation, 2) Establish regulations regarding Distributed Generation
and 3) Correct a typographical error in Section 26.8.3-4(c); and
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B. Adopt a Negative Declaration finding that there is no substantial evidence, in light
of the whole record before the City, that the project may have a significant effect
on the environment within the meaning of the California Environmental Quality
Act (CEQA).
Mayor McCormick announced the proposed ordinance by title.
Public Works and Water Superintendent Scott Rigg and Director of Gas and Electric Carlos
Fandino both confirmed that there was nothing further to report.
It was moved by Ybarra and seconded by Martinez to adopt Ordinance No. 1235.
City Clerk Maria E. Ayala conducted a roll call vote:
- Mayor McCormick, yes
- Mayor Pro-Tem Davis, yes
- Councilmember Martinez, yes
- Councilmember Ybarra, yes
- Councilmember Woodruff-Perez, yes
Motion carried, 5-0.
17. Ordinance No. 1234 - An Ordinance of the City Council of the City of Vernon (i)
amending Article VI of Chapter 5 of the Vernon Municipal Code by removing
massage businesses from the definition of adult and sexually oriented businesses; (ii)
renumbering current Article VII (Utility Users’ Tax) of Chapter 5 of the Vernon
Municipal Code to Article VIII, and adding new Article VII of Chapter 5 of the
Vernon Municipal Code relating to the business permit regulation of massage
businesses; (III) amending Article II of Chapter 13 of the Vernon Municipal Code
by adding massage businesses to the list of those businesses required to obtain health
permits prior to operation; (IV) amending Article II of Chapter 26 (Zoning) of the
Vernon Municipal Code by removing the definition of “Massage Parlors”; and (V)
renumbering current Articles VIII, IX and X of Chapter 26 (Zoning) to Articles IX,
X and XI of the Vernon Municipal Code and renumbering sections accordingly, and
adding new Article VIII to Chapter 26 (Zoning) of the Vernon Municipal Code; and
repealing all ordinances or parts of ordinances in conflict herewith. (second reading)
Recommendation:
A. Adopt an ordinance 1) Amending Article VI of Chapter 5 of the Vernon Municipal
Code by removing Massage Businesses from the definition of Adult and Sexually
Oriented; 2) Renumbering current Article VII (Utility Users’ Tax) of Chapter 5 of
the Vernon Municipal Code to Article VIII and adding a new Article VII of Chapter
5 of the Vernon Municipal Code relating to the Business Permit Regulation of
Massage Businesses; 3) Amending Article II of Chapter 13 of the Vernon
Municipal Code by adding Massage Businesses to the list of those Businesses
required to obtain a Health Permit prior to operation; 4) Amending Article II of
Chapter 26 (Zoning) of the Vernon Municipal Code by removing the definition of
“Massage Parlors”; and 5) Renumbering current Articles VIII, IX and X of Chapter
26 (ZONING) to Articles IX, X AND XI of the Vernon Municipal Code and
renumbering sections accordingly, and adding new article VIII to Chapter 26
(Zoning) of the Vernon Municipal Code.
B. Find that this Ordinance is not a “project” as defined under the California
Environmental Quality Act (CEQA) Guidelines, section 15378, because it will not
result in either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment. This Ordinance is general
policy and procedure making that is explicitly exempt from the definition of
“project” under CEQA Guidelines section 15378(b)(2). Even assuming the
Ordinance were a “project” under CEQA, however, it would still be exempt from
CEQA review under CEQA Guidelines section 15061(b)(3), the general rule that
CEQA only applies to projects which have the potential for causing a significant
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effect on the environment, and, as stated above, it can be seen with certainty that
there is no possibility that the Ordinance in question may have a significant effect
on the environment.
Mayor McCormick announced the proposed ordinance by title.
Public Works and Water Superintendent Scott Rigg confirmed that there was nothing further to
report.
It was moved by Ybarra and seconded by Martinez to adopt Ordinance No. 1234.
City Clerk Maria E. Ayala conducted a roll call vote:
- Mayor McCormick, yes
- Mayor Pro-Tem Davis, yes
- Councilmember Martinez, yes
- Councilmember Ybarra, yes
- Councilmember Woodruff-Perez, yes
Motion carried, 5-0.
ORAL REPORTS
19. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
(Addressed out of order)
Police Chief Daniel Calleros reported on recent incidents including the following: strong arm
robbery, attempted robbery, and upcoming active shooter training exercise at City Hall. Calleros
also announced the suspension of contract tow services with HP Tow pending the outcome of a
federal criminal investigation that is being conducted.
Police Captain Michael Gillman reported that there have been no acts of vandalism since the last
Council meeting.
Fire Chief Michael Wilson reported on the receipt of a Certificate of Commendation for
participation in the “Life After Uncivil Ruthless Acts” event. Announced the hiring of three new
firefighters. Wilson reported on response to one vehicle incident.
In response to Councilmember Woodruff-Perez’ comment to provide Public Information Officer
Fred MacFarlane information on the upcoming active shooter training exercise as she has not heard
of other agencies doing the same, Chief Wilson and Chief Calleros provided information on local
agencies’ activity.
Director of Gas and Electric Carlos Fandino reported on one recent outage.
Director of Finance William reported on the completion and filing of the City’s annual audit report.
Presentation of the same is scheduled for the next Council meeting. Fox also provided an update
on business license renewals.
Director of Health and Environmental Control Leonard Grossberg reported on the Green Vernon
Commission meeting held in December. Grossberg announced the hiring of one new
Environmental Specialist.
Interim Director of Human Resources Lisette Grizzelle advised that the department is working on
health and benefit changes as well as various recruitments.
Economic Development Manager Alex Kung reported on upcoming Successor Agency and
Oversight Board meetings to address the Recognized Obligation Payment Schedules (ROPS).
Kung reported on the potential parks needs assessment for the City.
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City Clerk Maria E. Ayala announced that nomination period for the upcoming election will close
on January 19, 2016 at 5:30 p.m.
Deputy City Administrator Kristen Enomoto advised that John Van de Kamp’s service agreement
will be forthcoming by the end of month. Enomoto provided an update on the Human Resources
Director recruitment, the sale of the Huntington Park units, and upcoming Independent Cities
Association Seminar.
18. Update from City staff and City consultant regarding the proposed next steps relating to
the modern conceptual design options of the official seal of the City of Vernon and new
City of Vernon logo options presented at the December 1, 2015 meeting.
(Addressed out of order)
Senior Advisor to the City Administrator Fred MacFarlane provided the update.
Council directed MacFarlane to gather feedback from the business community on the proposed
logo options and provide rough projections for potential costs.
20. City Council Reports – brief report on activities, announcements, or directives to staff.
Chief Wilson reminded Council to bring in their issued brush gear for reissuance, and reminded
all of the tour to the Verdugo Dispatch Center
In response to Councilmember Ybarra, Chief Calleros further reported the recent armed robbery
incidents within the city.
With no further business, at 10:06 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk