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2016-01-19 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 19, 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; Damaris Carranza, 5th grade student at Vernon City Elementary School, 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. Jim Boltinghouse, Director and Past President of the Rio Hondo Vernon Rotary Club, thanked the City and reported on the receipt of grant funds through the Vernon CommUNITY Fund. PRESENTATIONS 1. Brief Update on the Activities of Assembly Member Miguel Santiago's Office Presented by David Juarez. Representative Juarez was in attendance and gave the update. 2. 2016 Used Oil Calendar Awards. Presentation of the 2016 Used Oil Calendar Awards to the Vernon Elementary School, and Sponsor recognition plaques. Director of Health and Environmental Control Leonard Grossberg presented on the item. Mayor McCormick presented the awards and sponsor recognition plaques. 3. Swear-In Ceremony for three (3) newly hired Firefighters. City Council to instruct the City Clerk to administer the Oath of Office, required by Article XX, Section 3 of the Constitution of the State of California, to the following newly hired Firefighters. a. Justin Corson b. Troy Milano c. John Vittorio Fire Chief reported on each of the newly hired Firefighters. City Clerk Maria E. Ayala conducted the oath of office. / / / Regular City Council Meeting Minutes January 19, 2016 Page 2 of 10 4. Personnel Matters - Service Pin Awards. December 2015 Anniversary Employee Name Job Title Years 1. Gustavo Herrera Police Officer 15 2. Nicholas Perez Police Sergeant 15 3. Steven Hartsfield Senior Facilities Maintenance Worker 30 4. Freddie Taylor Administrative Aide 5 Interim Human Resources Director Lisette Grizzelle reported on the item. The following employees were in attendance to receive their service pins: Nicholas Perez and Freddie Taylor. Gustavo Herrera and Steven Hartsfield were not in attendance. 5. City of Vernon Exceptional Employee Program (VEEP) Award 2015. Recommendation: A. City Council to present VEEP perpetual plaque awards to each of the category winners listed herewith for the 2015 calendar year. VEEP Category 2015 VEEP Award Winners Cost-Savings Idea Shahram Sharifzadeh Team Award Human Resources Employee of the Year Danita Robertson Interim Human Resources Director Lisette Grizzelle reported on the item. Those listed above were further reported on and presented with a perpetual plaque by Mayor McCormick. 6. Presentation by independent auditor, Vasquez & Company, LLP, on Fiscal Year 2015 audit results. Peggy McBride of Vasquez & Company, LLP conducted the presentation. 7. Vernon’s Various Governing Bodies. City Clerk Maria E. Ayala conducted the presentation. Council affirmed staff’s recommendations to dissolve the following agencies through formal action at a future meeting: Vernon Housing Authority, Public Benefit Resource Committee and Industrial Development Authority. Council had comments and concerns concerning funding for the Vernon Historic Preservation Society and Board of Library Trustees. Council directed staff to provide more information on each at their respective upcoming meetings. CONSENT CALENDAR It was moved by Davis and seconded by Martinez 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 8. None. Minutes – To be Received and Filed 9. Minutes of the Regular City Council Meeting held January 5, 2016. 10. Minutes of the Special City Council Meeting held January 5, 2016 (1:00 p.m.). 11. Minutes of the Special City Council Meeting held January 7, 2016. Regular City Council Meeting Minutes January 19, 2016 Page 3 of 10 Warrant Registers 12. Ratification of City Warrant Register No. 1425 to record voided Check No. 347691 in the amount of $7,500.00. 13. Approval of City Payroll Warrant Register No. 715, totaling $3,081,799.42, which covers the period of December 1 through December 31, 2015 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,049,434.24; and B. Checks and electronic fund transfers (EFT) totaling $1,032,365.18. 14. Approval of City Warrant Register No. 1440, totaling $1,427,884.00, which covers the period of December 29, 2015, through January 11, 2016, and consists of the following: A. Ratification of wire transfers totaling $743,553.43; and B. Ratification of the issuance of early checks totaling $582,003.26; and C. Authorization to issue pending checks totaling $306.80. 15. Approval of Light & Power Warrant Register No. 405, totaling $1,893,592.61, which covers the period of December 29, 2015, through January 11, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,757,053.08; and B. Ratification of the issuance of early checks totaling $90,428.16; and C. Authorization to issue pending checks totaling $46,111.37. 16. Approval of Gas Warrant Register No. 193, totaling $185,958.62, which covers the period of December 29, 2015, through January 11, 2016, and consists of the following: A. Ratification of wire transfers totaling $183,138.20; and B. Ratification of the issuance of early checks totaling $2,820.42. Fire Department 17. Activity Report for the period of December 16 through December 31, 2015, to be received and filed. Police Department 18. Activity Log and Statistical Summary of Arrests and Activities for the period of December 16, through December 31, 2015, to be received and filed. NEW BUSINESS City Administration Department 19. Resolution No. 2016-01 - A Resolution of the City Council of the City of Vernon appointing the City Administrator as the Municipal Employee Relations Representative and repealing all resolutions in conflict therewith. / / / Regular City Council Meeting Minutes January 19, 2016 Page 4 of 10 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (CEQA) review because it is a continuing 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 and adopt a resolution to appoint the City Administrator to serve as the Municipal Employee Relations Representative. Interim City Administrator A.J. Wilson provided the oral report. It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-01. Motion carried, 5-0. Gas and Electric Department 20. Renewable Portfolio Standard Annual Status Report for Calendar Year 2015. Recommendation: A. Find that the Renewable Portfolio Standard (RPS) Annual Status Report is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative activity, such is not a “project” as defined in CEQA Guidelines Section 15378. And even if such activity were a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15307 and 15308 because the RPS activity managed by Vernon Gas & Electric is aligned with regulatory provisions to maintain, restore, or enhance the environment; and B. Acknowledge and file the annual Renewable Portfolio Standard Report for Calendar Year 2015 as presented by the Vernon Gas & Electric Department. This report is for informational purposes only. There is no fiscal impact. Director of Gas and Electric Carlos Fandino reported on the Renewable Portfolio Standard Report. It was moved by Davis and seconded by Ybarra to receive and file the report. Motion carried, 5-0. 21. Award of Bids and Purchase Contracts to Young and Company (Howard Industries) and Banes Associates (CG Power Systems USA, Inc.) for Pad-mount Distribution Transformers for the Vernon Gas & Electric Department (Bid Specification #TR3-2015-PM). Recommendation: A. Find that proposed purchase of pad-mount distribution transformers is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative or maintenance activity, such is not a “project” as defined in CEQA Guidelines section 15378(b)(2). And even if such activity were a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, because the agreement does not have an impact; and B. Accept that the following companies were the lowest responsive and responsible bidders for bid specification #TR3-2015-PM, relating to the purchase of pad-mount distribution transformers: 1. Young & Company (Howard Industries) for bid items 1-3 and 9-12. 2. Banes Associates (CG Power Systems USA Inc.) for bid items 4-8 and 13-18; and Regular City Council Meeting Minutes January 19, 2016 Page 5 of 10 C. Award bids and authorize the Purchasing Department to issue purchase order contracts for a one (1) year term as follows: 1. Young & Company (Howard Industries) for bid items 1-3 and 9-12 for a grand total amount, not to exceed, $152,089. 2. Banes Associates (CG Power Systems USA Inc.) for bid items 4-8 and 13-18 for a grand total amount, not to exceed, $330,164; and D. Reject all other bids. Director of Gas and Electric Carlos Fandino reported on the proposed. It was moved by Davis and seconded by Martinez to approve the awarding of the bids. Motion carried, 5-0. 22. Approving the Issuance of One Notice Inviting Bids for Qualified Manufacturers and Distributors for the Replacement of Circuit Breakers at Leonis Substation Identified as a Capital Improvement Project. Recommendation: A. Find that approval of the proposed issuance of an Invitation to Bid is categorically exempt under the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines section 15301, because the project consists of the maintenance, repair or minor alteration of existing equipment and involves negligible or no expansion of an existing use. 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 vacuum filled Circuit Breakers at Leonis Substation in order to maintain safety, capacity and reliability. Director of Gas and Electric Carlos Fandino reported on the proposed and addressed Mayor Pro- Tem Davis’ inquiry. It was moved by Ybarra and seconded by Davis to approve the issuance of the notice inviting bids. Motion carried, 5-0. Human Resources Department 23. Resolution No. 2016-02 - A Resolution of the City Council of the City of Vernon affirming the appointment of Arnold Jesse Wilson to serve as the Interim City Administrator and ratifying the execution of a related At-Will Employment Agreement. Recommendation: A. Find that approval of the resolution is exempt from California Environmental Quality Act (CEQA) review, because it is a general 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. 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 resolution affirming the appointment of Arnold Jesse Wilson to serve as the Interim City Administrator of the City of Vernon effective January 11, 2016, and ratifying the execution of a related temporary at-will employment agreement. Interim Director of Human Resources Lisette Grizzelle noted the difference in the proposed from the standard at-will employment agreement. Regular City Council Meeting Minutes January 19, 2016 Page 6 of 10 It was moved by Martinez and seconded by Woodruff-Perez to approve Resolution No. 2016-02. Motion carried, 5-0. 24. Resolution No. 2016-03 – A Resolution of the City Council of the City of Vernon adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in accordance with Government Code Section 20636(b)(1) and repealing all resolutions in conflict therewith. Recommendation: A. Find that approval of the resolution is exempt from California Environmental Quality Act (CEQA) review, because it is a general 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. 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 resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective December 21, 2015 to reflect the following provision: 1. Add 40-hour Administrative work schedule pay ranges to the Classification and Compensation Plan for Firefighter, Firefighter/Paramedic, Firefighter/Paramedic Coordinator and Fire Engineer in accordance with Government Code Section 20636(b)(1), as listed below: Class Code Job Title Pay Grade Annual Monthly Hourly Pay Period 5040 Fire Engineer (A) FA28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 5035 Firefighter/Paramedic Coordinator (A) FA29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 5045 Firefighter/Paramedic(A) FA28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 5060 Firefighter (A) FA25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 Regular City Council Meeting Minutes January 19, 2016 Page 7 of 10 Interim Director of Human Resources Lisette Grizzelle provided the oral report. Interim City Administrator A.J. Wilson further clarified. It was moved by Martinez and seconded by Woodruff-Perez to approve Resolution No. 2016-03. Motion carried, 5-0. Industrial Development Department 25. Resolution No. 2016-04 – A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a third 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 proposed Third Amendment to Agreement Regarding Assignment and Assumption of Purchase and Sales Agreement 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; and B. Adopt a resolution approving the Third Amendment to 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 provided the oral report. It was moved by Ybarra and seconded by Davis to approve Resolution No. 2016-04. Motion carried, 5-0. Public Works, Water and Development Services Department 26. Bid Award for On-Call Services for the Removal, Repair and Reinstallation of Well and Booster Pump Equipment and Rehabilitation of Production Wells, Contract No. CS-0636. Recommendation: A. Find that entering into the proposed contract for On-Call Services for the Removal, Repair and Reinstallation of Well & Booster Pump Equipment and Rehabilitation of Production Wells 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 consists of maintenance of existing structures, facilities and topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination; and C. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder and enter into the contract, in an amount not to exceed $75,000.00 annually or $225,000.00 for the 3-year contract term For On-Call Services for the Removal, Repair and Reinstallation of Well & Booster Pump Equipment and Rehabilitation of Production Wells, CS-0636. Public Works & Water Superintendent Scott Rigg reported on the proposed. It was moved by Ybarra and seconded by Martinez to approve the bid award. Motion carried, 5-0. 27. Amendment No. 5 to the Services Agreement between the City of Vernon and Cannon Corporation for the Engineering Design and Construction Support Services. Regular City Council Meeting Minutes January 19, 2016 Page 8 of 10 Recommendation: A. Find that the proposed Amendment No. 5 to the Services Agreement between the City of Vernon and Cannon Corporation for the Engineering Design and Construction Support Services Well No. 21, 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. Approve Amendment No. 5 adding funds in the amount of $24,690.00 to the Services Agreement between the City of Vernon and Cannon Corporation for the Engineering Design and Construction Support Services for Well 21. Public Works & Water Superintendent Scott Rigg reported on the proposed. It was moved by Martinez and seconded by Woodruff-Perez to approve Amendment No. 5 to the Cannon corporation service agreement. Motion carried, 5-0. 28. Belfor USA Group, Inc. Red Alert Service Agreement – Basic Plan. Recommendation: A. Find that authorization for the City Administrator to sign the proposed Red Alert Service Agreement – Basic 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. Authorize the City Administrator to sign the service agreement with Belfor USA Group, Inc.; and C. Enter into an agreement with Belfor USA Group, Inc. for emergency services, restoration services or reconstruction services for a period of three years. Public Works & Water Superintendent Scott Rigg reported on the proposed. It was moved by Woodruff-Perez and seconded by Ybarra to approve the service agreement with Belfor USA Group, Inc. Motion carried, 5-0. ORAL REPORTS 29. 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 police incidents and provided an update on HP Tow and the continued suspension of their service agreement until the conclusion of the matter. Calleros announced that the department had obtained a new police canine; deployment is anticipated for March after training. Police Captain Michael Gillman reported on one act of vandalism since the last Council meeting. Fire Chief Michael Wilson announcement the job recruitment for Assistant Fire Marshall and reported on recent incidents and activities including the January 5, 2016 tornado and active shooter trainings. Director of Gas and Electric Carlos Fandino further reported on the tornado incident and recent power outage. Director of Finance William Fox reported on items to be addressed as part of the upcoming budget process. Regular City Council Meeting Minutes January 19, 2016 Page 9 of 10 Director of Health and Environmental Control Leonard Grossberg reported on upcoming catering truck inspections, soil sampling at Vernon homes by the Department of Toxic Substances Control, and restaurant closure. Interim Director of Human Resources Lisette Grizzelle noted that the department is working on various recruitments and preparing for upcoming labor negotiations. Economic Development Manager Alex Kung reported on the cancelation of the regular Successor Agency meeting in February and upcoming special Oversight Board meeting. Kung announced that Peaking Noodles, fortune cookie manufacturer, is moving into Vernon. City Clerk Maria E. Ayala noted a change in the Office of the City Clerk staff. Deputy City Clerk Ana Barcia announced her resignation from the City of Vernon effective January 28th and thanked the Council for all their support. Ayala further announced the closing of the nomination period. Interim City Administrator A.J. Wilson reporting on his meeting with nearly all Councilmembers and Department Heads. Wilson provided an update on the Van de Kamp agreement and recruitment process for the Human Resources Director. Wilson also announced the upcoming labor negotiations and his intentions for the City to be more involved with the League of California Cities. Senior Advisor to the City Administrator Fred MacFarlane provided an update on the City seal and logo process. 30. City Council Reports – brief report on activities, announcements, or directives to staff. At 11:28 a.m., Mayor McCormick called for a short recess. CLOSED SESSION At 11:38 a.m. the Council reconvened and entered into closed session to discuss the following agendized items: 31. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: City Administrator 32. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Agency Designated Representative: Lisette Michel, Interim Director of Human Resources Unrepresented [Prospective] Employee: Public Works, Water and Development Services Director 33. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Government Code Section 54956.9(d)(2) Number of potential cases: 1 34. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Benjamin Potter vs. City of Vernon; Workers Compensation Appeals Board Case No. ADJ9225I8L Regular City Council Meeting Minutes January 19, 2016 Page 10 of 10 35. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957(b)(1) Title: City Attorney At 1:33 p.m., the City Council exited closed session. City Attorney Hema Patel and Special Legal Counsel Joung Yim announced that there was no reportable action. With no further business, at 1:35 p.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala, CMC City Clerk