2016-02-02 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON, HELD TUESDAY, FEBRUARY 2, 2016, IN THE
COUNCIL CHAMBER LOCATED OF CITY HALL, 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
REGULAR CITY COUNCIL MEETING:
MEMBERS PRESENT: McCormick, Davis, Martinez, Ybarra, and Woodruff-Perez
MEMBERS ABSENT: Martinez
The meeting was called to order at 9:00 a.m. by Mayor McCormick who also led the flag salute.
CHANGES TO THE AGENDA
None
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.
Ms. Elizabeth Alcantar, staffer for Los Angeles County Board Supervisor Solis introduced herself
and stated she is looking forward to working with the City in the future.
PRESENTATIONS
1. Swear-In Ceremony for promoted Fire Battalion Chief, Todd Painton.
Fire Chief Michael Wilson introduced Fire Battalion Chief Todd Painton and his family and gave
an overview of his career. City Clerk Maria E. Ayala officially administered the Oath to Chief
Painton. Mrs. Painton pinned him with his new Battalion Chief badge. Chief Painton stated he
was thankful for the opportunity he has been given.
At 9:09 a.m. Mayor McCormick called for a short recess. The meeting reconvened at 9:17 a.m.
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, 4-0.
Claims Against the City – Received and Filed
None
Minutes
None
Warrant Registers
2. Approval of City Warrant Register No. 1441, totaling $1,035,548.32, which covers
the period of January 12, through January 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $448,227.33; and
B. Ratification of the issuance of early checks totaling $450,492.83; and
C. Authorization to issue pending checks totaling $136,828.16.
Regular City Council Meeting Agenda
February 2, 2016
Page 2 of 7
3. Approval of Light & Power Warrant Register No. 406, totaling $3,092,474.85, which
covers the period of January 12, through January 25, 2016, and consists of the
following:
A. Ratification of wire transfers totaling $3,023,612.74; and
B. Ratification of the issuance of early checks totaling $62,977.82; and
C. Authorization to issue pending checks totaling $5,884.29.
4. Approval of Gas Warrant Register No. 194, totaling $1,315,144.06, which covers the
period of January 12, through January 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,303,756.32: and
B. Ratification of the issuance of early checks totaling $4,781.60; and
C. Authorization to issue pending checks totaling $6,606.14.
5. Approval of RDA Obligation Retirement Fund Warrant Register No. 29, for the
ratification of the issuance of early checks totaling $9,250.00.
Fire Department
6. Activity Report for the period of January 1 through January 15, 2016, to be received
and filed.
Police Department
7. Activity Log and Statistical Summary of Arrests and Activities for the period of
January 1, through January 15, 2016, to be received and filed.
Public Works, Water, and Development Services Department
8. Building Department Report for the month of December 2015, and the Annual
Building Report for 2015, to be received and filed.
NEW BUSINESS
Fire Department
9. Approval of a Wireless Communications Use Agreement between the City of
Montebello and the City of Vernon.
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. Approve and authorize the execution of a three-year wireless communications use
agreement with the City of Montebello, a voting member of the Interagency
Communications Interoperability System Governance Board (“ICIS”), in
substantially the same form as submitted with the staff report, to allow the City of
Vernon to share radio frequencies with a wide area interoperable radio network.
Fire Chief Michael Wilson introduced the item and provided a detailed overview. Police
Chief Daniel Calleros also provided input on his department’s proposed use of the ICIS radio
system.
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February 2, 2016
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Mayor McCormick had a question regarding the location of the new antenna. Chief Wilson
responded stating the tower would be on the side of the water tower.
It was moved by Woodruff-Perez and seconded by Davis to approve a Wireless Communications
Use Agreement between the City of Montebello and the City of Vernon. Motion carried, 4-0.
10. Resolution No. 2016-05 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of a Verdugo Fire Communications
Dispatch Service Agreement by and between the cities of Burbank, Glendale,
Pasadena and the City of Vernon.
Recommendation:
A. Find that approval of the proposed resolution in the staff report 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 and authorize the execution of a three-year Fire Communications Dispatch
Service agreement with the City of Burbank, the City of Glendale and the City of
Pasadena (hereinafter referred to collectively as the “Verdugo Cities”), in substantially
the same form as submitted with the staff report, to provide dispatching services of
emergency fire and medical response. The proposed contract would take effect
July 1, 2016 and includes the purchase and installation of all equipment and
infrastructure required to be compatible with Verdugo Communications system in the
amount of $192,649, in addition, the City of Vernon Fire Department will pay $66.59
for each dispatched incident in the City and for certain mutual aid incidents outside the
Verdugo dispatch system for Fiscal Year 2016--17; and
C. Approve and authorize the execution of a Promissory Note with the City of Glendale,
in substantially the same form as submitted with the staff report, which contemplates
an advance of funds, in the amount of $192,649, for the purchase of equipment and
services required to be compatible with Verdugo Communications system, in the form
of payment to third parties for such purchase, which the City of Vernon will repay to
the City of Glendale; and
D. Authorize for the termination of the current dispatch service agreement with the
Regional Joint Powers Communication Center effective June 30, 2015.
Fire Chief Michael Wilson introduced the item and stated this item relates to Item No. 9.
It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-05.
Motion carried, 4-0.
Gas and Electric Department
11. Amendments to Power Purchase Tolling Agreement, Hoover Contract for
Differences, Interconnection Transmission Services Agreement; Limited Waiver of
Default; and Estoppel Certificate by and between the City of Vernon and Bicent
California.
Recommendations
A. Find that (a) the amendments for agreements between the City of Vernon and
Bicent California are not in reference to 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
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February 2, 2016
Page 4 of 7
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 following amendments between the City of Vernon (the “City”) and
Bicent California, in substantially the same form as attached with the staff report,
for the purpose of acknowledging a change in control at Bicent California, the
owner of the Malburg Generating Station (MGS) facility:
1. Third Amendment and Consent to Power Purchase Tolling Agreement
(“PPTA”)
2. First Amendment and Consent to Hoover Contract for Differences (“CFD”)
3. First Amendment and Consent to Interconnection Transmission Services
(“ITS”) Agreement; and
C. Authorize the Director of Vernon Gas & Electric (“VG&E”) to execute all
aforementioned amendments between the City of Vernon and Bicent California
which would provide City consent for the allowance of an owner change of MGS
(the “Facility”), the addition of a new equity partner. There is no fiscal impact as
a consequence of the implementation of the proposed amendments; and
D. Approve and authorize the Director of VG&E to execute the Limited Waiver of
Control Room Default under the Lease, in substantially the same form as attached
with the staff report, pursuant to which Bicent waives (i) the City’s existing Control
Room Default and (ii) Bicent’s Discharge Right limited exclusively to and arising
out of such Control Room Default. With this execution of this agreement, Bicent
forever waives the City’s existing Control Room Default; and
E. Approve and authorize the Director of VG&E to execute the Estoppel Certificate,
in substantially the same form as attached with the staff report, which essentially
summarizes the details of the Bicent transaction, proposed amendments, and
waiver.
Vernon Gas & Electric (VG&E) Utilities Compliance Manager Todd Dusenberry provided an
overview of the item.
It was moved by Woodruff-Perez and seconded by Davis to approve the Amendments, Limited
Waiver, and Estoppel Certificate by and between the City of Vernon and Bicent California.
Motion carried, 4-0.
Human Resources Department
12. Resolution No. 2016-06 - 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 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. Adopt the resolution amending and restating the Citywide Fringe Benefits and
Salary Resolution, effective February 2, 2016, to reflect the following provision:
1. Amend Exhibit A, Classification and Compensation Plan, as follows:
a) Change salary grade for Deputy City Clerk to (C26 - $6,238 - $7582 –
Confidential Group)
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February 2, 2016
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C. Adopt the revised Deputy City Clerk Job Description, effective February 2, 2016,
to reflect the following provision:
1. Adopt Revised Deputy City Clerk Job Description.
Interim Human Resources Director Lisette Grizzelle introduced the item.
It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-06.
Motion carried, 4-0.
Public Works, Water and Development Services Department
13. Bid Award for Urban Forest Management Services, Contract No. CS-0607.
Recommendation:
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. Reject the bid of Trimming Land Company for the reasons set forth in the staff
report; and
C. Accept the bid from West Coast Arborists, Inc., and enter into the contract, in an
amount not to exceed $258,973.00 for Urban Forest Management Services,
Contract No. CS-0607.
Public Works & Water Superintendent Scott Rigg introduced the item.
There were no questions from the City Council and no one from the public who wished to speak.
It was moved by Davis and seconded by Woodruff-Perez to approve bid award for Contract
No. CS-0607. Motion carried, 4-0.
14. Acceptance of Work of Sully Miller Contracting Company regarding Contract No.
CS-0534 – Slauson and Boyle Avenue and Traffic Improvements.
Recommendation:
A. Affirm that accepting the work of Sully-Miller Contracting Company, for the
Slauson and Boyle Avenue and Traffic Improvements, Contract No. CS-0534, is
categorically exempt under the California Environmental Quality Act (CEQA) in
accordance with Section 15301, Existing Facilities, part (c), existing highways and
streets, because the project is merely to repair existing streets; and
B. Accept the work of Sully-Miller Contracting Company, as part of the Slauson and
Boyle Avenue and Traffic Improvements, Contract No. CS-0534, and authorize the
staff to submit for recordation a Notice of Completion for the project.
Public Works & Water Superintendent Scott Rigg introduced the item.
There were no questions from the City Council and no one from the public who wished to speak.
It was moved by Ybarra and seconded by Woodruff-Perez to accept the Notice of Completion
(NOC) for Contract No. CS-0534. Motion carried, 4-0.
15. Resolution No. 2016-07 - A Resolution of the City Council of the City of Vernon
approving and accepting the grant deed dedicating in fee a portion of the property
located at 4700 Alcoa Avenue.
Regular City Council Meeting Agenda
February 2, 2016
Page 6 of 7
Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental
Quality Act (CEQA) in accordance with CEQA Guidelines section 15301(c)
because if any construction occurs as a result of accepting and executing the Grant
Deed, the work would merely involve negligible expansion of an existing street;
and
B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the
Certificate of Acceptance and the Grant Deed for approximately 1,251.00 square
feet of land located at 4700 Alcoa Avenue.
Public Works & Water Superintendent Scott Rigg introduced the item, and clarified 1,251 square
footage is correct.
There were no questions from the City Council and no one from the public who wished to speak.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2016-07. Motion
carried, 4-0.
ORAL REPORTS
16. 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: January 15 armed robbery; detectives
issuing a search warrant, locating an indoor marijuana growing operation; and completion of the
Active Shooter Training sessions.
Police Captain Michael Gillman: nothing to report, since they had not received any graffiti
notifications. Mayor McCormick questioned if there was any on-site graffiti reported, to which
Captain Gillman responded there had not been.
Fire Chief Michael Wilson reported on the following: January 22, fire crew responded to burn
victims at a glass manufacturing plant; January 24, fire crews responded to commercial structure
fire on 55th Street; February 12, upcoming graduation ceremony for three new firefighters;
communications training in March; and positive feedback regarding how much information both
the Fire and Police Departments learned from the Active Shooter Training sessions.
Public Works & Water Superintendent Scott Rigg: nothing to report.
Vernon Gas & Electric (VG&E) Utilities Compliance Manager Todd Dusenberry noted VG&E
Director Carlos Fandino was out of the office due to training. Manager Dusenberry reported on
two power outages near Kaeser & Peter Streets. Both were the result of El Nino weather, winds
and rain. One outage was brief, only nine seconds. Pictures documenting the outages were shown.
Finance Director William Fox noted at the February 16 Council meeting, he would provide a
presentation documenting financial results from the first six months including the investment
portfolio. At the March 1 Council meeting, he would present information regarding Other
Postemployment Benefits (OPEB).
Director of Health and Environmental Control Leonard Grossberg stated CA Department of Toxic
Substance Control (DTSC) would provide Exide sample results for Furlong Street within several
months. Council Member Ybarra questioned if the homes next to the school would be sampled.
Director Grossberg informed her no, the City did not own the property she was referring to. He
recommended the homeowners contact DTSC and request sampling.
Interim Human Resources Director Lisette Grizzelle: nothing to report.
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February 2, 2016
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Economic Development Manager Alex Kung reminded everyone there was a Park Assessment
Needs meeting to be held February 16 at 6:30 p.m. Discussion will relate to “Pocket Parks.”
Interim City Administrator A.J. Wilson provided an update: He noted the January 31 report
prepared by Independent Reform Monitor John Van de Kamp was now available and he would be
bringing an update to Mr. Van de Kamp’s contract at the next meeting. Administrator Wilson
stated the recruitment for the Human Resources Director was moving forward and gave an
overview of the month of February: There were multiple meetings, a Special Housing Commission
meeting, CommUNITY Fund Grant meeting, anticipation to award four Grants, and labor
negotiations. In addition, the final two Huntington Park houses were now in the escrow process,
and he would be representing City Managers at the CA League of Cities conference the following
week.
17. City Council Reports – brief report on activities, announcements, or directives to staff.
None.
Mayor McCormick announced the meeting would now continue in Closed Session in Conference
Room 3 at 9:53 a.m.
CLOSED SESSION
At 9:53 a.m. Council reconvened.
There were no public speakers for the Closed Session items.
At 9:53 a.m. Council entered into Closed Session to discuss the following agendized items:
18. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Attorney
REPORT OUT OF CLOSED SESSION:
At 11:32 a.m. the City Council exited Closed Session. Special Legal Counsel Joung Yim
announced that there was no reportable action.
ADJOURNMENT
With no further business, at 11:32 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala, CMC
City Clerk