2016-04-05 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, APRIL 5, 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Martinez, and Ybarra
MEMBERS ABSENT: Woodruff-Perez
The meeting was called to order at 9:01 a.m. by Mayor McCormick; Ybarra led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced one change to the agenda:
Agenda Item No. 4 was tabled to a future Council Meeting.
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. Recognition of New City of Vernon Police Canine Handler and Police Service
Dog
Police Chief Daniel Calleros introduced Officer Oscar Zozaya.
Officer Oscar Zozaya introduced Dobby as the new police service dog and briefly described his
training and skills.
2. Certificate of Appreciation for Exiting Member of the Vernon Housing
Commission, Michael Hughes
Michael Hughes accepted the Certificate of Appreciation from City Council.
John Van de Kamp, Independent Reform Monitor, commended Michael Hughes for his leadership
as chair on the Vernon Housing Commission.
3. Update on California High Speed Rail Project
Mellissa De la Pena (Regional High Speed Rail Manager) provided a PowerPoint presentation.
Mayor McCormick asked about the impacts from the High Speed Rail. Ms. De la Pena explained
that the plan to minimize the impacts.
4. Modular Training Center Update and Overview on New Recruit Training
Academy
Presented by: Vernon Fire Department, Chief Michael Wilson
Note: Item tabled for future meeting.
5. CalPERS OPEB Trust and GASB Accounting Reporting Requirements.
Presented by: Director of Finance, William Fox
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April 5, 2016
Page 2 of 8
Finance Director William Fox introduced presenters: Matt Goss and Alyssa Perry (CalPERS
Representatives, CERBT Trust Division). Mr. Matt Goss provided the presentation with both he
and Ms. Perry available.
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, 4-0.
Claims Against the City – Received and Filed
6. Claim for Damages from Lorena Nuila received on March 21, 2016, in an
amount estimated between $807.04 and $1,021.98.
7. Claim for Damages from Danielle Clark received on March 29, 2016, in an
amount estimated between $1,870.00 and $2,912.84.
Warrant Registers
8. Ratification of the following City Warrant Register to record the following
voided checks:
A. City Warrant Register No. 1437 to record voided Check No. 349333 in the amount
of $81.60; and
B. City Warrant Register No. 1439 to record voided Check No. 349604 in the amount
of $15.53; and
C. City Warrant Register No. 1439 to record voided Check No. 349718 in the amount
of $200.00; and
D. City Warrant Register No. 1439 to record voided Check No. 349724 in the amount
of $10.00; and
9. 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. 511764 in
the amount of $15.18; and
10. Approval of City Warrant Register No. 1445, totaling $2,075,558.67, which
covers the period of March 8 through March 28, 2016, and consists of the
following:
A. Ratification of wire transfers totaling $1,520,093.23; and
B. Ratification of the issuance of early checks totaling $265,738.38; and
C. Authorization to issue pending checks totaling $289,727.06.
11. Approval of Light & Power Warrant Register No. 410, totaling $5,242,839.26,
which covers the period of March 8 through March 28, 2016, and consists of the
following:
A. Ratification of wire transfers totaling $5,051,269.68; and
B. Ratification of the issuance of early checks totaling $157,419.89; and
C. Authorization to issue pending checks totaling $34,149.69.
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April 5, 2016
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12. Approval of Gas Warrant Register No. 198, totaling $931,913.38, which covers
the period of March 8 through march 28, 2016, and consists of the following:
A. Ratification of wire transfers totaling $820,828.07; and
B. Ratification of the issuance of early checks totaling $102,436.54.
C. Authorization to issue pending checks totaling $8,648.77.
13. Approval of RDA Obligation Retirement Fund Warrant Register No. 30,
totaling $40,384.79, which covers the period of January 26 through March 28,
2016, and consists of the following:
A. Ratification of the issuance of early checks totaling $40,384.79; and
Fire Department
14. Activity Report for the period of March 1 through March 15, 2016, to be received
and filed.
Police Department
15. Activity Log and Statistical Summary of Arrests and Activities for the period of
March 1 through March 15, 2016, to be received and filed.
Public Works, Water, and Development Services Department
16. February 2016 Monthly Building Department Report, to be received and filed.
17. Acceptance of Electrical Easement at 2311 E. 48th Street (APN 6308-014-027).
Recommendation:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is not
a “project” as that term is defined under the California Environmental Quality Act
(“CEQA”) Guidelines Section 15378, and even if it were a project, it would be
categorically exempt in accordance with CEQA Guidelines Sections 15301
(maintenance, repair or minor alteration of an existing facility and involves negligible
or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only
applies to projects that may have a significant effect on the environment); and
B. Accept the Electrical Easement, in substantially the same form as attached to this
staff report, and authorize the Mayor to execute said document.
18. Acceptance of Electrical Easement at 3636 26th Street (APN 5192-025-015).
Recommendation:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is not
a “project” as that term is defined under the California Environmental Quality Act
(CEQA) Guidelines Section 15378, and even if it were a project, it would be
categorically exempt in accordance with CEQA Guidelines Sections 15301
(maintenance, repair or minor alteration of an existing facility and involves negligible
or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only
applies to projects that may have a significant effect on the environment); and
B. Accept the Electrical Easement, in substantially the same form as attached to this
staff report, and authorize the Mayor to execute the Certificate of Acceptance.
19. Acceptance of Electrical Easement at 5119 District Blvd. (APN 6314-003-010).
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Recommendation:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is not
a “project” as that term is defined under the California Environmental Quality Act
(CEQA) Guidelines Section 15378, and even if it were a project, it would be
categorically exempt in accordance with CEQA Guidelines Sections 15301
(maintenance, repair or minor alteration of an existing facility and involves negligible
or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only
applies to projects that may have a significant effect on the environment); and
B. Accept the Electrical Easement, in substantially the same form as attached to this
staff report, and authorize the Mayor to execute the Certificate of Acceptance.
20. Acceptance of Electrical Easement at 5201 District Blvd. (APN 6314-001-035).
Recommendation:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is not
a “project” as that term is defined under the California Environmental Quality Act
(CEQA) Guidelines Section 15378, and even if it were a project, it would be
categorically exempt in accordance with CEQA Guidelines Sections 15301
(maintenance, repair or minor alteration of an existing facility and involves negligible
or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only
applies to projects that may have a significant effect on the environment); and
B. Accept the Electrical Easement, in substantially the same form as attached to this
staff report, and authorize the Mayor to execute the Certificate of Acceptance.
21. Acceptance of Electrical Easement at 5275 District Blvd. (APN 6314-001-036).
Recommendation:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is not
a “project” as that term is defined under the California Environmental Quality Act
(CEQA) Guidelines Section 15378, and even if it were a project, it would be
categorically exempt in accordance with CEQA Guidelines Sections 15301
(maintenance, repair or minor alteration of an existing facility and involves negligible
or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only
applies to projects that may have a significant effect on the environment); and
B. Accept the Electrical Easement, in substantially the same form as attached to this
staff report, and authorize the Mayor to execute the Certificate of Acceptance.
NEW BUSINESS
City Administration Department
22. Resolution No. 2016-14 - A Resolution of the City Council of the City of Vernon
appointing Peter Hervish, President of Port Canaveral Power Consultants, Inc.,
to serve as the Interim Director of the Gas & Electric Department and approving
the execution of an amendment no. 1 to the professional services agreement
between the City of Vernon and Port Canaveral Power Consultants, Inc., for
energy projects consultant services.
Recommendation:
A. Find that appointment of Peter Hervish as the Interim Director of the Vernon Gas &
Electric Department is exempt from California Environmental Quality Act (“CEQA”)
review, because it is a general administrative activity that will not result in direct or
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April 5, 2016
Page 5 of 8
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. Approve Mr. Peter Hervish of Port Canaveral Power Consultants, Inc. (“Port
Canaveral”) to assume the position of Interim Director of the Vernon Gas and Electric
Department, effective April 5, 2016. This proposed assignment is temporary, until
such time as a Director is appointed by Council upon completion of a recruitment
process to fill the position on a permanent basis; and
C. Adopt a resolution and authorize the execution of Amendment No. 1 to the
Professional Services Agreement (“Agreement”) between the City of Vernon and Port
Canaveral Power Consultants, Inc. for Energy Projects Consultant Services. The
existing compensation rates set forth in the Agreement remain unchanged by this
proposed Amendment No. 1, with the grand total amount not-to-exceed $780,000
over the three (3) year term of the Agreement, which expires on November 18, 2017.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2016-14. Motion
carried, 4-0.
23. Resolution No. 2016-15 - A Resolution of the City Council of the City of Vernon
in support of Senate Bill 93 for the authorization of funds to expedite
contamination cleanup efforts related to Exide Technologies Plant in the City of
Vernon.
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
policy and procedure making 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 supporting the passage of Senate Bill (“SB”) 93 which seeks to
authorize a $176 million appropriation to the state’s Toxic Substances Control
Account in support of California Department of Toxic Substances Control efforts to
expedite the cleanup of hazardous levels of lead dust detected in the soil at affected
residences in the City of Vernon and surrounding communities in the Southeast Los
Angeles County.
City Administrator Fandino reported on the proposed.
Senior Advisor to the City Administrator Fred McFarlane reported on details of the proposed.
Davis raised a question about the testing conducted by California Department of Toxic Substances
Control, regarding when the results would be received. Mr. McFarlane informed the Council that
neither results nor other reports have been sent.
Mr. McFarlane also responded to other questions regarding where testing would be conducted at
residential properties only, thus far.
Public Comment
Mr. Van de Kamp recommended the City seek more information on testing results.
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April 5, 2016
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Dave Gardetta (Baker Commodities) recommended the City gather as much information as
possible on lead poisoning without infringing on people’s right to privacy.
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-15. Motion
carried, 4-0.
Ybarra requested additional information on the overall contamination information and clean-up
efforts in Vernon for the next meeting.
City Administrator Fandino informed the Council of an Exide sub-committee group meeting that
would take place to gather information and answer the issues at hand.
Finance Department
24. Authorization to enter into a Contract with Vasquez and Company LLP for
Audit Services for Fiscal Years 2016 through 2018.
Recommendation:
A. Find that entering into a contract with a California certified public accounting firm to
provide independent audit service is exempt from the California Environmental
Quality Act (CEQA), 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. Even if
such were a project, it would be exempt from CEQA review in accordance with
Section 15061(b)(3), the general rule is that CEQA only applies to activities that may
have a significant effect on the environment; and
B. City Council authorizes the City Administrator to execute a professional services
agreement with the public accounting firm Vasquez & Company LLP, in
substantially the same form as submitted herewith, to perform the annual audits of
the financial statements of the City of Vernon and its Gas and Electric Enterprise.
The proposed contract is exempt from competitive bidding pursuant to City Code
Article IV Section 2.17.12(A) (10), referring to contracts for professional services. It
is recommended that the City Council find that the agreement is also exempt from
competitive selection based on the determination that it is in the best interest of the
City to approve a direct award of the contract pursuant to City Code Article IV
Section 2.17.12(B)(2).
Finance Director William Fox reported on the proposed.
It was moved by Davis and seconded by Martinez to approve the contract with Vasquez and
Company LLP. Motion carried, 4-0.
Health Department
25. Resolution No. 2016-16 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of a grant application under the
California Beverage Container Recycling and Litter Reduction Act to the
California Department of Recycling Resources and Recovery (CalRecycle)
Recommendation:
A. It is recommended that the City Council find that approval of the request for authority
to receive and spend grant funds in this staff report is exempt from the California
Environmental Quality Act (CEQA), in accordance with CEQA Guidelines (i)
Section 15308, because the receipt and spending of such grant funds will be carried
out by the City to maintain, restore, or enhance the environment, and (ii) Section
15061(b)(3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment, and it can be seen with certainty that there is
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April 5, 2016
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no possibility that the activity in question may have such an effect on the
environment; and
B. Adopt the request for authority to receive and spend grant funds under the Beverage
Container Recycling and Litter Abatement Activities for FY2015-2016.
Director of Health and Environmental Control Leonard Grossberg reported on the proposed.
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-16. Motion
carried, 4-0.
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: March 24th strong arm robbery; March
31st strong arm robbery; update on a sexual assault case from July 2015; street racing in the local
region; Baker-to-Vegas team with (San Gabriel & Pasadena City College PD) were able to capture
1st place.
Police Captain Michael Gillman reported that on March 21st three local company vehicles were
spray painted.
Fire Chief Michael Wilson reported on the following: interviews for Assistant Fire Marshall are
done, and a conditional offer of employment was made; Pancake Breakfast with Boy Scouts on
May 14th; Wild land fire and USAR training; received new ambulance; Fire Department assisted
on March 31st on a 40-unit complex apartment fire in Downey.
Director of Public Works, Water, and Development Services Derek Wieske reported on the
following: analyzing water rates and considering an adjustment; and an update on the bid for
housing remodel.
Interim Vernon Gas & Electric Director Peter Harvish reported on the following: two unscheduled
outages; Todd Dusenberry is in Minnesota accepting the American Public Power Association
Award, Diamond Member recognition and is valid from 2016-2019; and provided an update on
Aliso Canyon gas reservoir.
Finance Director William Fox reported on the following: the RFP has been published for fixed
asset identification appraisal and evaluation process due to close on April 16th; and the city’s
budget process is now ongoing and gone through 2 cycles and work sessions.
Director of Health and Environmental Control Leonard Grossberg reported on the following:
today is the E-Waste and used oil recycle event at Fire Station No. 1; and the Thermador RFP
closed yesterday afternoon.
Interim Human Resources Director Lisette Grizzelle reported on the following: there are various
recruitments in various stages and ongoing labor negotiations with 5 of the 6 unions groups.
City Clerk Maria E. Ayala reported on the following: annual election on April 12th; updated
registered voter count at 72, up from 65; Municipal Clerk Week is May 1st through May 7th.
City Administrator Carlos Fandino: 2016-2017 Budget evaluations; Huntington Park homes are
funded and closed; the April 6, 2016 Special Vernon Housing Commission Meeting has been
rescheduled; working towards filling vacancies on the boards and commission; Chamber of
Commerce luncheon honoring John Van de Kamp; Staff to attend Southeast Regional Roundtable
with LA Board of Supervisions; Legislative Action Day on April 27th hosted by the League of
California Cities.
27. City Council Reports – brief report on activities, announcements, or directives to staff.
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Nothing to report.
Mayor McCormick recessed the meeting at 10:36 a.m. and reconvened at 10:43 a.m.
CLOSED SESSION
At 10:44 a.m., the City Council entered into closed session to discuss the following agendized
items:
28. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Human Resources Director
29. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957(b)(1)
At 11:21 a.m. the City Council exited closed session and reconvened to closed session at 11:55
a.m. at a different location, Conference Room No. 1 for further discussion for Agenda Item No.
28, Public Employment.
At 12:55 p.m., the City Council exited closed session from Conference Room No. 1. Deputy City
Attorney Brian Byun reported that the City Council voted on one candidate to whom the City will
make a conditional offer of employment.
With no further business, at 12:55 p.m., Mayor McCormick adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk