2016-02-16 City Council Minutes
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON, HELD TUESDAY, FEBRUARY 16, 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: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick. Mayor Pro-Tem Davis 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.
No public comment was provided.
PRESENTATIONS
Interim Human Resources Director Lisette Grizzelle presented the service pins to the following
employees: Anthony J. Serrano, Jeffrey A. James, Bradley W. Mack, Anthony S. Rotell,
Efrain Sandoval, and Jeffrey S. Smith.
1. Personnel Matters - Service Pin Awards.
January 2016Anniversary
Employee Name (11 Recipients) Job Title Years
1. Victor Vasquez Sr. Lead Meter Reader 25
2. Anthony J. Serrano Utilities Customer Service Supervisor 25
3. Christopher M. Hanson Fire Engineer 25
4. Jeffrey A. James Fire Engineer 25
5. Bradley W. Mack Firefighter 25
6. Jeffrey S. Smith Fire Engineer 25
7. Jason K. Haugen Fire Engineer 25
8. Anthony S. Rotell Firefighter/Paramedic 25
9. Todd R. Schoenig Fire Captain 25
10. Ignacio S. Estrada III Police Sergeant 15
11. Efrain Sandoval Resource Scheduler 15
2. Resolution No. 2016-08 - A Resolution of the City Council of the City of Vernon
appointing Derek Wieske to serve as Director of Public Works, Water and
Development Services and ratifying the execution of a related Employment
Agreement.
Recommendation
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Regular City Council Meeting Minutes
February 16, 2016
Page 2 of 8
A. Find that approval of the agreement proposed in this staff report 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 City of Vernon resolution appointing Derek Wieske to serve as the
Director of Public Works, Water and Development Services of the City of Vernon
effective February 22, 2016, and ratifying the execution of a related at-will
employment agreement.
Interim City Administrator A.J. Wilson introduced the item.
It was moved by Davis and seconded by Martinez to approve Resolution No. 2016-08. Motion
carried, 5-0.
3. Oath & Appointment of Derek Wieske as Director of Public Works, Water and
Development Services
City Clerk Maria E. Ayala officially administered the Oath to Derek Wieske, who then
said a few words.
4. Proclamation Advocating the Earned Income Tax Credit and the Volunteer Income
Tax Assistance (VITA) Program.
Economic Development Manager Alex Kung introduced the item and what it would offer the
taxpayers. Joemil Reguindin, District Liaison, Office of the Chairman Jerome E. Horton – CA
State Board of Equalization, provided additional information on the program.
It was moved by Ybarra and seconded by Martinez to approve the program. Motion carried, 5-0.
Mayor McCormick presented the proclamation to Mr. Reguindin.
At 9:14 a.m., Mayor McCormick called for a short recess. The meeting reconvened at 9:22 a.m.
5. Vernon Police Department Part 1 Crime and Arrest Statistics for the Period of
2011 - 2015.
Vernon Police Chief Daniel Calleros provided a presentation, which included crime and arrest
statistical information covering the period between 2011-2015.
6. Quarterly Financial Update for the 6-Month Period Ending December 31, 2015.
Vernon Finance Director William Fox provided a PowerPoint presentation, which covered
information on: investments portfolio; pension liability; net position; etc.
CONSENT CALENDAR
It was moved by Davis and seconded by Ybarra to approve all matters listed under the Consent
Calendar under one motion, as presented. Motion carried, 5-0.
7. Eagle Scout Proclamation for Brian Benjamin Cardone
Claims Against the City – Received and Filed
None
Minutes
8. Minutes of the Regular City Council Meeting held January 19, 2016.
Regular City Council Meeting Minutes
February 16, 2016
Page 3 of 8
9. Minutes of the Special City Council Meeting held January 20, 2016.
10. Minutes of the Special City Council Meeting held January 28, 2016.
Warrant Registers
11. Approval of City Payroll Warrant Register No. 716, totaling $3,369,302.89, which
covers the period of January 1, through January 31, 2016, and consists of the
following:
A. Ratification of direct deposits, checks and taxes totaling $2,408,404.35;
B. Checks and electronic funds transfers (ETF) totaling $960,898.54.
12. Approval of City Warrant Register No. 1442, totaling $611,771.08, which covers the
period of January 26, through February 8, 2016, and consists of the following:
A. Ratification of wire transfers totaling $135,635.78; and
B. Ratification of the issuance of early checks totaling $230,149.61; and
C. Authorization to issue pending checks totaling $245,985.69.
13. Approval of Gas Warrant Register No. 195, totaling $14,732.05, which covers the
period of January 26, through February 8, 2016 and consists of the following:
A. Ratification of the issuance of early checks totaling $13,350.60; and
B. Authorization to issue pending checks totaling $1,381.45.
14. Approval of Light & Power Warrant Register No. 407, totaling $2,383,495.77, which
covers the period of January 26, through February 8, 2016, and consists of the
following:
A. Ratification of wire transfers totaling $2,370,303.64; and
B. Ratification of the issuance of early checks totaling $6,482.45; and
C. Authorization to issue pending checks totaling $6,709.68.
15. Ratification of Light & Power Warrant Register No. 396 to record the following
voided check:
A. Voided Check No. 511583 in the amount of $218.00.
16. Ratification of the City Warrant Registers to record the following voided checks:
A. City Warrant Register No. 1431, Voided Check No. 348482 in the amount of
$200.00; and
B. City Warrant Register No. 1431, Voided Check No. 348483 in the amount of
$26,400; and
C. City Warrant Register No. 1439, Voided Check No. 349621 in the amount of
$1,733.31; and
D. City Warrant Register No. 1439, Voided Check No. 349751 in the amount of
$776.21; and
E. City Warrant Register No. 1440, Voided Check No. 349861 in the amount of
$400.00.
Regular City Council Meeting Minutes
February 16, 2016
Page 4 of 8
City Administration Department
17. Council Conference Attendance Report
Fire Department
18. Activity Report for the period of January 16 through January 31, 2016, to be
received and filed.
Health and Environmental Control Department
19. December 2015 Monthly Report, and 2015 Annual Report to be received and filed.
20. January 2016 Monthly Report, to be received and filed.
Police Department
21. Activity Log and Statistical Summary of Arrests and Activities for the period of
January 16, through January 31, 2016, to be received and filed.
NEW BUSINESS
City Administration Department
22. Amendment No. 1 to the Agreement with Mayer Brown LLP for John Van de Kamp
to Serve as Independent Special Counsel to the City of Vernon
Recommendation
A. Find that approval of the agreement proposed in this staff report 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. Approve Amendment No. 1 to the Agreement with Mayer Brown LLP for John
Van de Kamp to serve as Independent Special Counsel to the City of Vernon for a
period of one year, effective February 16, 2016, at a not to exceed amount of
$100,200. in substantially the same form as presented herewith.
Interim City Administrator A.J. Wilson introduced the item noting a raised scope of work and
thoroughly discussed the Amendment to the Contract which would go through to February 2017.
Independent Reform Monitor John Van de Kamp provided comment on the proposed Contract
Amendment noting the significance of being an Independent Representative, which allows him to
report accurately and objectively.
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 Amendment No. 1 to the
Agreement with Mayer Brown LLP for John Van de Kamp to serve as Independent Special
Counsel. Motion carried, 5-0.
Gas and Electric Department
23. Second Amendment to Biomethane Transaction Confirmation by and between the
City of Vernon and Canton Renewables, LLC
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Regular City Council Meeting Minutes
February 16, 2016
Page 5 of 8
A. Find that (a) the amendment to the Biomethane Transaction Confirmation between
the City of Vernon and Canton Renewables, LLC is 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
Biomethane; 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 Biomethane 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 amendment between the City of Vernon (the “City”) and Canton
Renewables, LLC (“Canton”), in substantially the same form as attached herewith,
for the purpose of adding an Option Section within the agreement that allows for
the City to purchase renewable energy at the most competitive price available in
the market in-lieu of receiving Biomethane from Canton. With this modification,
Vernon Gas & Electric (“VG&E”) will potentially recognize significant cost
savings.
C. Authorize the Director of VG&E to execute the Second Amendment to the
Biomethane Transaction Confirmation by and between the City of Vernon and
Canton.
Vernon Gas & Electric (VG&E) Director Carlos Fandino 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 Martinez and seconded by Woodruff-Perez to approve Amendment No. 2 to the
Biomethane Transaction Confirmation Agreement by and between the City of Vernon and Canton.
Motion carried, 5-0.
Health and Environmental Control Department
24. Approval to Schedule the 2016 Electronic Waste (E-Waste) Recycling Event
Recommendation:
A. Find that because proposed one-day waste collection event at the fire station is an
action taken to protect the environment and constitutes normal operations of the
fire station, the activity is categorically exempt from the California Environmental
Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15308 (actions taken
to protect the environment), 15323 (normal operations of public facilities) and
15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment.
B. Approve the scheduling of the next City of Vernon E-Waste event for April 5, 2016,
at Fire Station #1 at 3375 Fruitland Ave., using the vendor Arion Global, Inc.
Director of Health and Environmental Control Leonard Grossberg introduced the item, noting this
was an annual occurrence and requested approval to start publically announcing the event.
Council inquired as to the number of trucks used. Director Grossberg responded an average of
30 – 40 trucks come through, with additional equipment onsite.
There were no public speakers.
It was moved by Ybarra and seconded by Woodruff-Perez to approve the E-Waste Event on
April 5. Motion carried, 5-0.
Regular City Council Meeting Minutes
February 16, 2016
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Public Works, Water and Development Services Department
25. Bid Award to Furnish and Deliver Two New 2016 Ford F-650, Regular Cab XL
(F6D) Dump Trucks, Contract No. CS-0645
Recommendation
A. Find that entering into the proposed purchase order contract to Furnish and Deliver
Two New 2016 Ford F-650, Regular Cab XL (F6D) Dump Trucks is exempt under
the California Environmental Quality Act (CEQA), because it is a continuing
administrative activity and therefore not a “project” as defined by CEQA
Guidelines Section 15378. Even assuming such were a project, it would still be
exempt from CEQA review 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. Accept the bid from Wondries Fleet Group and enter into a purchase order contract,
in an amount not to exceed $173,867.28, Contract No. CS-0645, to Furnish and
Deliver Two New 2016 Ford F-650, Regular Cab XL (F6D) Dump Trucks.
Public Works and Water Superintendent Scott Rigg introduced the item and briefly described the
trucks to be purchased.
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 Davis to purchase two 2016 Ford Dump Trucks. Motion
carried, 5-0.
ORAL REPORTS
26. 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: February 1st commercial burglary; and
the issuance of a notification to terminate existing contract with HP Tow Services.
Police Captain Michael Gillman: nothing to report, since they had not received any graffiti
notifications. Mayor McCormick stated he noticed the fence at Randolph and Boyle had been
marked. Captain Gillman noted the area would be checked.
Fire Chief Michael Wilson reported on the following: recent graduation ceremony for the three
new firefighters; showed a video clip from the L.A. Area Fire Chiefs Association; selling of a fire
apparatus; provided an update on the recent trainings on weapons of mass destruction, training on
air consumption; and provided an update on the February 11, Knitting Mill fire.
Public Works & Water Superintendent Scott Rigg: nothing to report.
Vernon Gas & Electric (VG&E) Director Carlos Fandino noted during the holiday weekend,
Farmer John upgraded their switchgear and fiber optics. Pictures were shown regarding power
outages due to metallic (mylar) balloons caught on power lines and poles.
Finance Director William Fox stated a report would be given regarding Other Postemployment
Benefits (OBEB) liability at the next City Council meeting.
Director of Health and Environmental Control Leonard Grossberg stated he would be attending
the Exide Technical Advisory Community meeting and confirmed California Health Department
of Toxic Substance Control (DTSC) is taking soil samples in Vernon. Director Grossberg noted
Vernon would be assisting when possible. He also stated a Special Green Vernon Commission
meeting will be held March 9th (one week earlier than the regularly scheduled GVC meeting which
has been cancelled).
Regular City Council Meeting Minutes
February 16, 2016
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Interim Human Resources Director Lisette Grizzelle: nothing to report.
Economic Development Manager Alex Kung noted there would be a Parks Assessment Needs
meeting tonight (February 16, 2016) at 6:30 p.m.
Consultant Fred MacFarlane stated the Vernon Quarterly Newsletter will be mailed within the
week and specifically relates to “The State of the City,” covering 2015 updates. He noted this
quarterly newsletter addresses issues for the community including a request for public input
regarding a new City Seal, Grants, future housing issues, and the forthcoming budget.
Interim City Administrator A.J. Wilson informed the City Council that in the near future,
information regarding the Grant process would be addressed. There are several goals; 1) focus
on the function of the Grants, which have been preliminarily approved, to determine the best
impact; and 2) determine if any Grants are applicable to Capital funding. He noted on March 9th,
there would be a Housing Committee meeting (VHC). Administrator Wilson addressed potential
CalPERS considerations, and the Ameri-Pride event later in the day.
27. City Council Reports – brief report on activities, announcements, or directives to staff.
None.
At 10:28 a.m. Mayor McCormick called for a short recess.
CLOSED SESSION
At 10:34 a.m. Council reconvened.
There were no public speakers for the Closed Session items.
At 10:34 a.m. Council entered into Closed Session to discuss the following agendized items:
28. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Administrator
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Interim City Administrator A.J. Wilson
Employee Organizations: Teamsters Local 911,
IBEW Local 47,
Vernon Firemen's Association,
Vernon Fire Management Association,
Vernon Police Management Association
30. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation
Number of potential cases: 1
31. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (7)
Government Code Section 54956.9(d)(1)
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Regular City Council Meeting Minutes
February 16, 2016
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Items a-g:
(a) In the Matter of the Calculation of Final Compensation of Bruce Malkenhorst, Sr.
(CalPERS Case No. 2012-0671)
(b) Bruce Malkenhorst, Sr. v. City of Vernon, et al.
(Los Angeles Superior Court Case No. BC516321;
California Court of Appeal Case No. B258793)
(c) Bruce Malkenhorst, Sr. v. CalPERS, City of Vernon
(Los Angeles Superior Court Case No. BS159589)
(d) Jurupa Avenue Limited Partnership v. City of Vernon, et al.
(Los Angeles Superior Court Case No. BC516913
California Court of Appeal Case No. B263083)
(e) State of California, et al., v. Verizon Wireless, et al.
(Sacramento County Superior Court Case No. 34-2012-00127517)
(f) Los Angeles Unified School District v. County of Los Angeles, et al.
(Los Angeles Superior Court Case No. BS 108180)
(g) City of Gardena v. Regional Water Quality Control Board - Los Angeles Region,
et al. (Los Angeles Superior Court Case No. BS 156342)
REPORT OUT OF CLOSED SESSION:
City Attorney Hema Patel reported that two items were discussed; with regard to the anticipated
litigation matter, approved exemption from the competitive bidding process to hire outside
counsel.
ADJOURNMENT
With no further business, at 11:15 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala, CMC
City Clerk