2016-03-15 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, MARCH 15, 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: 01 a.m. by Mayor McCormick; Mayor Pro Tempore Davis
led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala 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.
No public comment provided.
PRESENTATIONS
1. Personnel Matters – Service Pin Awards.
February 2016 Anniversary
Employee Name Job Title Years
1. Leonard Grossberg Director of Environmental Health 25
Interim Human Resources Director Lisette Grizzelle acknowledged Mr. Grossberg’s years of
service although he was not present.
2. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring
the Week of March 20-26, 2016, as “Multiple Sclerosis Awareness Week”.
Recommendation:
A. Approve a proclamation declaring the week of March 20-26, 2016 as Multiple
Sclerosis Awareness Week in support of the National Multiple Sclerosis Society’s
efforts for a cure.
Police Chief Daniel Calleros introduced Ms. Sandra Rivera Orozco.
Ms. Sandra Rivera Orozco received the proclamation and thanked the Council. She briefly spoke
about her experiences with Multiple Sclerosis.
It was moved by Davis and seconded by Ybarra to approve a proclamation, declaring the week of
March 20-26, 2016, as “Multiple Sclerosis Awareness Week”. Motion carried, 5-0.
3. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring
the Month of April 2016, as “DMV/Donate Life California Month”.
Recommendation:
A. Approve a proclamation declaring the month of April 2016 as DMV/Donate Life
California Month” in the City of Vernon.
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March 15, 2016
Page 2 of 10
Interim City Administrator A.J. Wilson introduced the proclamation.
Mr. John Whalen from Donate Life/One Legacy received the proclamation and thanked Council.
It was moved by Woodruff-Perez and seconded by Ybarra to approve a proclamation, Vernon
Declaring the Month of April 2016, as “DMV/Donate Life California Month”. Motion carried,
5-0
4. Resolution No. 2016-11 - A Resolution of the City Council of the City of Vernon
appointing Carlos Fandino to serve as the City Administrator of the City of Vernon
and Authorizing the execution of a related at-will employment agreement and
accepting the resignation of Carlos Fandino from his position as Director of Vernon
Gas & Electric
Recommendation:
A. Find that approval of the attached resolution in this staff report 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 City of Vernon resolution appointing Carlos Fandino to serve as the City
Administrator of the City of Vernon, effective March 15, 2016, approving and
authorizing the execution of a related at-will employment agreement, and accepting
the resignation of Carlos Fandino from his position as Director of Vernon Gas &
Electric effective March 15, 2016.
Interim City Administrator A.J. Wilson reported on the proposed, and briefly explained the
recruitment process.
It was moved by Davis and seconded by Martinez to approve Resolution No. 2016-11. Motion
carried, 5-0.
5. Oath & Appointment of Carlos Fandino as City Administrator, City of Vernon.
City Clerk Maria Ayala administered the Oath of Allegiance to Carlos Fandino.
City Administrator Fandino thanked the Council for the opportunity to serve the City in the
capacity of City Administrator. Mr. Fandino thanked and acknowledged his family who were in
attendance; and briefly spoke about his vision for the City.
Councilmember Woodruff-Perez congratulated Mr. Fandino, and looks forward to his
accomplishments as City Administrator.
Mayor Pro Tempore Davis congratulated Mr. Fandino, and shared that he is proud of his new
appointment.
Mayor McCormick congratulated Mr. Fandino, and wishes him the best.
The meeting was recessed at 9:23 a.m. and reconvened at 9:38 a.m.
CONSENT CALENDAR
It was moved by Martinez and seconded by Davis to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 5-0.
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March 15, 2016
Page 3 of 10
Claims Against the City – Received and Filed
6. None
Warrant Registers
7. Ratification of the following City Warrant Register to record the following voided
checks:
A. City Warrant Register No. 1432 to record voided Check No. 348588 in the amount
of $965.80; and
B. City Warrant Register No. 1437 to record voided Check No. 349392 in the amount
of $22.54; and
C. City Warrant Register No. 1439 to record voided Check No. 349693 in the amount
of $100.00; and
D. City Warrant Register No. 1440 to record voided Check No. 349855 in the amount
of $100.00; and
E. City Warrant Register No. 1441 to record voided Check No. 349933 in the amount
of $220.00.
8. Ratification of the following Light & Power Warrant Registers to record the
following voided checks:
A. Light & Power Warrant Register No. 403 to record voided Check No. 511765 in
the amount of $24.40; and
B. Light & Power Warrant Register No. 404 to record voided Check No. 511807 in
the amount of $27.25; and
C. Light & Power Warrant Register No. 403 to record voided Check No. 511779 in
the amount of $15.18.
9. Approval of City Payroll Warrant Register No. 717, totaling $3,409,187.22, which
covers the period of February 1 through February 29, 2016 and consists of the
following:
A. Ratification of direct deposits, checks and taxes totaling $2,474,534.06; and
B. Checks and electronic fund transfers (EFT) totaling $934,653.16.
10. Approval of City Warrant Register No. 1444, totaling $2,265,918.94, which covers
the period of February 23 through March 7, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,841,242.52; and
B. Ratification of the issuance of early checks totaling $246,513.18; and
C. Authorization to issue pending checks totaling $178,163.24.
11. Approval of Light & Power Warrant Register No. 409, totaling $4,644,670.17, which
covers the period of February 23 through March 7, 2016, and consists of the
following:
A. Ratification of wire transfers totaling $4,557,634.33; and
B. Ratification of the issuance of early checks totaling $86,540.09; and
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March 15, 2016
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C. Authorization to issue pending checks totaling $495.75.
12. Approval of Gas Warrant Register No. 197, totaling $1,383,803.09, which covers the
period of February 23 through March 7, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,351,809.45; and
B. Ratification of the issuance of early checks totaling $31,993.64.
City Administration Department
13. Report on Fiscal Year 2015/2016 Docket III Grants Awarded by Vernon
CommUNITY Fund Grant Committee.
A. Receive and file this report as it is being provided for informational purposes only
pursuant to Section 2.167(e) of the Vernon Municipal Code.
Fire Department
14. Activity Report for the period of February 16 through February 29, 2016, to be
received and filed.
Health and Environmental Control Department
15. February 2016 Monthly Report, to be received and filed.
Police Department
16. Activity Log and Statistical Summary of Arrests and Activities for the period of
February 16 through February 29, 2016, to be received and filed.
NEW BUSINESS
City Administration Department
17. Approval of Maintenance Agreement with Tyler Technologies, Inc.
Recommendation:
A. Find that approval of the proposed action is exempt under the California
Environmental Quality Act (“CEQA”) review, because it is 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.
B. Approve a new Maintenance Agreement with Tyler Technologies, Inc. in an
amount not to exceed $79,661.92 for a period of one year commencing on January
1, 2016. The proposed maintenance agreement is exempt from competitive bidding
and competitive selection pursuant to Section 2.17.12(A)(2) of the Vernon
Municipal Code as maintenance services are for a proprietary software and are
available from only one vendor.
Information Technologies Manager Ernesto Smith reported on the proposed.
Mr. John Van de Kamp, Independent Reform Monitor, provided public comment regarding
competitive bidding in rewarding contracts.
It was moved by Davis and seconded by Martinez to approve the Maintenance Agreement with
Tyler Technologies, Inc. Motion carried, 5-0.
18. Approval of Agreement between the City of Vernon and Wilson Communications,
LLC for Management Support Services.
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March 15, 2016
Page 5 of 10
Recommendation:
A. Find that approval of the proposed services agreement with Wilson
Communications, LLC 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 the agreement between the City of Vernon (the “City”) and Wilson
Communications, LLC (“Wilson”), for the purpose of enlisting professional
management advisory and support services on an on-call basis, as requested by the
City Administrator; and
C. Authorize the City Administrator to execute an agreement with Wilson
Communications, LLC for an amount not-to-exceed $20,000 for professional
advisory services for a period of thirty (30) days, with an effective date of March
15, 2016 and a termination date of April 14, 2016. Approval of the Agreement is
based on the contingency of the new City Administrator appointment.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Ybarra and seconded by Davis to approve the Agreement between the City of
Vernon and Wilson Communications, LLC. Motion carried, 5-0.
Fire Department
19. Resolution No. 2016- 12 - A Resolution of the City Council of the City of Vernon
approving and authorizing the City’s Participation in the 2015 Urban Areas
Security Initiative Grant Program, approving and authorizing the execution of an
agreement by and between the City of Vernon and the City of Los Angeles, and
authorizing the execution of documents necessary to obtain the grant.
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is a government fiscal 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 a resolution approving and authorizing the City’s participation in the 2015
Urban Areas Security Initiative Grant Program (“2015 UASI”), approving and
authorizing the execution of an agreement by and between the City of Vernon and
the City of Los Angeles, and authorize the Mayor and City Administrator to execute
documents necessary to obtain the grant. The City of Los Angeles has approved
and awarded 2015 UASI grant funds in the amount of $144,599.00 to the City of
Vernon’s Fire and Police Departments.
Fire Chief Michael Wilson reported on the proposed.
It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-12.
Motion carried, 5-0.
Gas and Electric Department
20. Approval of Contract with Simon Wind, Inc. for Meteorological Data Collection
Services.
Recommendation:
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March 15, 2016
Page 6 of 10
A. Find that the approval of the contract with Simon Wind, Inc. 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 the agreement with Simon Wind, Inc. for the purpose of meteorological
data collection services; and
C. Authorize the City Administrator or his/her designee to execute the agreement
between Simon Wind, Inc. and the City of Vernon for a grand total amount not to
exceed $113,800 for the term of the contract, January 1, 2016 through June 30,
2017.
Gas and Electric Utility Operations Manager Todd Dusenberry reported on the proposed.
It was moved by Martinez and seconded by Davis to approve the contract with Simon Wind, Inc.
Motion carried, 5-0.
21. Award of Bid and Purchase Contract to Schneider Electric, Inc. for Furnishing and
Delivering Medium Voltage Vacuum Circuit Breakers for the Vernon Gas &
Electric Department (Bid Specification #CB7-2016-1).
Recommendation:
A. Find that approval of the proposed purchase of 7 KV circuit breakers is exempt
from California Environmental Quality Act (CEQA) review, because such purchase
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 that even if such purchase were
a project, it would be categorically exempt in accordance with CEQA Guidelines
section 15301, because it 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. Accept that Schneider Electric, Inc. was the lowest responsive and responsible
bidder for bid specification #CB7-2016-1, relating to the purchase of 7 KV Medium
Voltage Vacuum Circuit Breakers for Leonis Substation; and
C. Award bid and authorize the Purchasing Department to issue one purchase order
contract for a two (2) year term to Schneider Electric, Inc. for a grand total amount,
not to exceed, $342,159.23 including taxes; and
D. Reject all other bids.
Gas and Electric Utility Operations Manager Todd Dusenberry reported on the proposed.
City Council had questions regarding the following: age of circuit breakers; impact on customers
during circuit breaker switch; timeframe of installation; potential obstacles during the change-out;
and types of circuit breakers to be used. Mr. Dusenberry provided responses to all City Council
questions.
It was moved by Davis and seconded by Woodruff-Perez to award the bid and purchase Contract
No. CB7-2016-1, to Schneider Electric, Inc. Motion carried, 5-0.
22. Approval of an Agreement with AM Ortega Construction, Inc. in response to the
City’s Request for Proposals for Natural Gas Construction and Repair Support
Services.
Recommendation:
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March 15, 2016
Page 7 of 10
A. Find that proposed agreement between the City of Vernon and AM Ortega
Construction, Inc. is exempt under the California Environmental Quality Act
(CEQA) because approval of the proposed agreement 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 that even if such were a project, it would
be exempt 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 the proposal from AM Ortega Construction, Inc. (“AM Ortega”) as the
highest scoring and cost effective respondent, rejecting all other proposals; and
C. Award and authorize the execution of the services agreement between the City
of Vernon and AM Ortega, for natural gas construction and repair support. The
proposed contracted services equate to an amount not-to-exceed $200,000 per
year, with a total compensation amount not-to-exceed $600,000 over the entire
three (3) year term of the agreement.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Woodruff-Perez and seconded by Martinez to approve the agreement with AM
Ortega Construction, Inc. Motion carried, 5-0.
Human Resources Department
23. Resolution No. 2016-13 - A Resolution of the City Council of the city of Vernon
Declaring the Month of April 2016, as “Sexual Assault Awareness Month” and April
27, 2016, as “Denim Day”.
Recommendation:
(Item A-B):
A. Find that the request to adopt the attached resolution proclaiming April 2016 as
“Sexual Assault Awareness Month” and April 27, 2016 as “Denim Day” 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.
B. Adopt the resolution proclaiming April 2016 as “Sexual Assault Awareness
Month” and April 27, 2016 as “Denim Day” in the City of Vernon in support of the
Peace Over Violence sexual violence education campaign.
Interim Human Resources Director Lissette Grizzelle reported on the proposed.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2016-13. Motion
carried, 5-0.
Public Works, Water, and Development Services Department
24. Approve agreement with Advanced Industrial Services, Inc. for the Rehabilitation
of the City's 10 Million Gallon Reservoir, CS-0639.
Recommendation:
A. Find that the proposed project, for Rehabilitation of 10 Million Gallon Reservoir,
CS-0639, attached hereto, is exempt under the California Environmental Quality
Act (“CEQA”) in accordance with CEQA Guidelines Section 15301, subsections
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March 15, 2016
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(b) and (d), because the project involves negligible or no expansion of use beyond
that existing at the lead agency’s determination; and
B. Accept the bid from Advanced Industrial Services, Inc., and enter into the attached
Services Agreement, in an amount not to exceed $146,900, for Rehabilitation of the
City’s 10 Million Gallon Reservoir. In addition, authorize a contingency amount
up to $25,000 in the event of unexpected changed conditions in the project; and
grant authority to the City Administrator to issue a change order in this amount.
Director of Public Works, Water, and Development Services Derek Wieske reported on the
proposed.
Mayor Davis asked about interrupted service during the rehabilitation. Mr. Wieske confirmed
there would be no interruptions in service.
It was moved by Davis and seconded by Woodruff-Perez to approve the agreement with Advanced
Industrial Services, Inc. Motion carried, 5-0.
ORAL REPORTS
25. 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: March 1st a sexual assault and kidnapping;
March 9th armed robbery; and announced that various Police Department staff will be participating
in the Baker-to-Vegas relay race.
Police Captain Michael Gillman reported on the following: they had not received any graffiti
notifications. Mayor Pro-Tem Davis stated he noticed graffiti on Soto between Railroad and 54th
Street; Captain Gillman took note to look into it.
Fire Chief Michael Wilson reported on the following: the two grants the Fire Department currently
has open; update on the interviews for Assistant Fire Marshall position; Fire Fighter of the Year is
Ryan Doome; the bidding and sale of Fire Department apparatus; looking at a new station using
the old architect plans and estimated to cost $7.7 million to construct; continued training drills on
the Alameda Corridor; and the commercial fire on March 1st.
Councilmember Woodruff-Perez requested that Chief Wilson provide a brief update at a future
meeting on the training center. Chief Wilson announced he would provide a PowerPoint
presentation on the facility at a future City Council meeting.
Director of Public Works, Water, and Development Services Derek Wieske reported on the
following: being brought up to speed by staff on a variety of projects; settling into new position;
and meeting member of the Business and Industry Commission.
Gas and Electric Utility Operations Manager Todd Dusenberry reported on the APPA Award at
diamond level. Staff will travel to Minneapolis to receive.
Finance Director William Fox reported on the following: staff continues to work through the
budget and doing another round of adjustments; and the recruitment process for Account Clerk
position.
Deputy Director of Health and Environmental Control David LeDuff reported the Green Vernon
commission met and approved the 2016-2017 budget and will be submitting a Staff Report
recommending approval of budget.
Interim Human Resources Director Lisette Grizzelle reported on the following: labor negotiations
are underway with 5 of the 6 representative groups; and various recruitments open.
Economic Development Manager Alex Kung reported on the following: deadline is March 28th for
tax credit for businesses
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March 15, 2016
Page 9 of 10
City Clerk Maria E. Ayala reported on the following: April 12th Election with the write in deadline
being March 29th; and flyers have been mailed to residents to continue to promote voter
registration.
Former Interim City Administrator A.J. Wilson reported on the following: dealing with the
sizeable deficiencies in the budget; update of the sale of the Huntington Park properties; and
announced a Special Housing Commission meeting scheduled for March 9th.
26. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided.
City Administrator Carlos Fandino provided the following: thanked AJ Wilson for his service as
Interim City Administrator; brief update on a trip to Washington DC to discuss various legislative
issues affecting public utilities; the City’s commitment to being emissions free by 2017; and, once
again, thanked everybody for their support as he assumes the City Administrator position with full
integrity and energy.
Mayor McCormick recessed the meeting at 10:28 a.m. and reconvened at 10:34 a.m.
CLOSED SESSION
At 10:34 a.m., the City Council entered into closed session to discuss the following agendized
items:
1. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Director of Gas & Electric
2. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)(1)
Title: Interim Director of Gas & Electric
3. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Human Resources Director
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4)
Initiation of Litigation
Number of potential cases: 1
5. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: City Administrator
Employee Organizations: Teamsters Local 911,
IBEW Local 47,
Vernon Firemen's Association,
Vernon Fire Management Association,
Vernon Police Management Association
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March 15, 2016
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At 11:19 a.m. the City Council exited closed session. City Attorney Hema Patel announced there
was one reportable action item from closed session, the City’s retention of legal services from
Brown Neri and Smith for anticipated litigation matter.
With no further business, at 11:19 a.m., Mayor McCormick adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk