2016-04-19 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, APRIL 19, 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Martinez, Ybarra, Woodruff-Perez, Lopez
MEMBERS ABSENT:
The meeting was called to order at 9:00 a.m. by Mayor Pro Tempore Davis; Woodruff-Perez led
the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that Agenda Item No. 1 had an updated Staff Report and
Agenda Item No. 19 had an updated redlined Economic Development Manager Job Description.
PUBLIC COMMENT
Mayor Pro Tempore Davis 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.
Ref Rodriguez, LAUSD School Board Member, addressed Council regarding the Vernon City
School. Expressed his appreciation for the current partnership with the City and looks forward to
future support from the City on upcoming project such as: school development, multipurpose
room, and school cafeteria.
ELECTION MATTERS
1. Resolution No. 2016-17 - A Resolution of the City Council of the City of Vernon,
California, reciting the fact of the General Municipal Election held on April 12,
2016, declaring the results and such other matters as provided by law
Recommendation:
A. Find that the proposed approval is exempt from California Environmental Quality
Act (“CEQA”) review, because it is an organizational or administrative activity of
government 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. Moreover, even if the activity in question were a project,
it would be exempt from CEQA review, 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. Accept the Certificate of Canvass.
C. Adopt a Resolution declaring the results of the General Municipal Election held
April 12, 2016, declaring that Leticia Lopez is elected to the Office of Member of
the City Council; and
D. Authorize the City Clerk to deliver the Certificate of Election and administer the
Oath of Office to Leticia Lopez.
City Clerk Maria Ayala reported on the election results
It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-17.
Motion carried, 4-0.
City Clerk Maria Ayala administered the Oath of Office to Leticia Lopez.
Regular City Council Meeting Minutes
April 19, 2016
Page 2 of 8
Newly elected Leticia Lopez introduced herself and expressed appreciation at being elected to
office.
2. Election of Mayor and Mayor Pro Tempore.
It was moved by Ybarra and seconded by Lopez to appoint Davis as Mayor.
It was moved by Woodruff-Perez to appoint Martinez as Mayor. Motion failed for lack of a second.
With the standing nomination to appoint Davis as Mayor moved by Ybarra and seconded by
Lopez. Motion carried, 4-1. Yaes: Davis, Martinez, Ybarra, and Lopez. Noes: Woodruff-Perez.
It was moved by Martinez to appoint Woodruff-Perez as the Mayor Pro-Tempore. Motion failed
for lack of a second.
It was moved by Davis to appoint Ybarra as the Mayor Pro- Tempore. Motion failed for lack of a
second.
It was moved by Davis to appoint Ybarra as the Mayor Pro-Tempore. Motion failed for lack of a
second.
It was again moved by Davis and seconded by Ybarra to appoint Ybarra as the Mayor Pro-
Tempore. Motion failed, 2-3. Yaes: Davis and Ybarra. Noes: Martinez, Woodruff-Perez, and
Lopez.
It was moved by Martinez and seconded by Woodruff-Perez to appoint Woodruff-Perez as the
Mayor Pro-Tempore. Motion carried, 5-0.
William J. Davis was elected Mayor and Woodruff-Perez was elected Mayor Pro Tempore.
PRESENTATIONS
3. California Highway Patrol, “CHP “10851” Grand Theft Auto Recovery Award”
presented to Police Officer Eugenio Cerda
Presented by: CHP Representative(s) and Vernon Police Department, Chief Daniel
Calleros
CHP Captain Paul Medeiros presented the award to Police Officer Eugenio Cerda.
4. Modular Training Center Update and Overview on New Recruit Training Academy
Presented by: Vernon Fire Department, Chief Michael Wilson with a PowerPoint
presentation
Battalion Chief Todd Payton provided a PowerPoint presentation.
Public Comment
John Van de Kamp asked questions regarding: the net cost to Vernon; and use of facility by other
agencies or departments.
Fire Chief Michael Wilson responded to Mr. Van de Kamp’s questions providing estimated
development and construction costs; and also added that there would be no fees to other agencies
to use training facility.
Additional dialogue ensued between Mr. Van de Kamp and Fire Chief Wilson regarding the
financials of the development.
5. Recognition of Retiring Employee - Wilfredo Lopez, Meter Reader.
Regular City Council Meeting Minutes
April 19, 2016
Page 3 of 8
Interim Human Resources Director Lisette Grizzelle announced Mr. Lopez’s retirement (Mr.
Lopez was not in attendance).
NEW BUSINESS
City Administration Department
6. Resolution No. 2016-18 - A Resolution of the City Council of the City of Vernon
Appointing Isaac Garibay to Serve as the Director of Human Resources of the City
of Vernon and Approving and Authorizing the Execution of a Related At-Will
Employment Agreement
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 attached resolution appointing Isaac Garibay to serve as the Director of
Human Resources of the City of Vernon, effective May 3, 2016, approving and
authorizing the execution of a related at-will employment agreement.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-18 appointing
Isaac Garibay to serve as the Director of Human Resources, approving and authorizing the
execution of a related at-will employment agreement. Motion carried, 5-0.
7. Oath & Appointment of Isaac Garibay as Director of Human Resources, City of
Vernon.
City Clerk Maria Ayala administered the Oath of Office to Isaac Garibay.
Director of Human Resources Isaac Garibay expressed gratitude and appreciation for the
opportunity to serve the City.
Mayor Davis recessed the meeting at 9:15 a.m.
The meeting reconvened at about 10:10 a.m.
CONSENT CALENDAR
It was moved by Martinez and seconded by Woodruff-Perez 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
Warrant Registers
9. Ratification of the following City Warrant Register to record the following voided
checks:
Regular City Council Meeting Minutes
April 19, 2016
Page 4 of 8
A. City Warrant Register No. 1445 to record voided Check No. 350424 in the amount
of $48.40.
10. Approval of City Payroll Warrant Register No. 718, totaling $4,358,741.36, which
covers the period of March 1 through March 31, 2016 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,999,413.89; and
B. Checks and electronic fund transfers (EFT) totaling $1,359,327.47.
11. Approval of City Warrant Register No. 1446, totaling $853,991.46, which covers the
period of March 29 through April 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $578,202.20; and
B. Ratification of the issuance of early checks totaling $196,052.60; and
C. Authorization to issue pending checks totaling $79,736.66.
12. Approval of Light & Power Warrant Register No. 411, totaling $2,043,595.68, which
covers the period of March 29 through April 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,726,837.60; and
B. Ratification of the issuance of early checks totaling $315,710.26; and
C. Authorization to issue pending checks totaling $1,047.82.
13. Approval of Gas Warrant Register No. 199, totaling $7,028.93, which covers the
period of March 29 through April 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $7,028.93.
Fire Department
14. Activity Report for the period of March 16 through March 31, 2016, to be received
and filed.
Health and Environmental Control Department
15. March 2016 Monthly Report, to be received and filed.
Police Department
16. Activity Log and Statistical Summary of Arrests and Activities for the period of
March 16, through March 31, 2016, to be received and filed.
Public Works, Water, and Development Services Department
17. March 2016 Monthly Building Department Report, to be received and filed.
NEW BUSINESS (CONT’D)
City Administration Department
18. Resolution No. 2016-19 - Approval of a Resolution Declaring Support for the
Passage of Assembly Bill 118, a Companion Trailer Bill to Senate Bill 93, which
Requires Outreach to Communities in the Region Impacted by Lead Contamination
from Exide Technologies
Regular City Council Meeting Minutes
April 19, 2016
Page 5 of 8
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 the attached resolution supporting the passage of Assembly Bill (“AB”) 118,
a companion trailer bill to Senate Bill (“SB”) 93, which would require the
California Department of Toxic Substances Control (“DTSC”) to engage
communities impacted by Exide Technologies’ lead contamination and provide
opportunities for participation in the cleanup plan preparation via meetings, a
training program, and job placement related to the soil cleanup process. A
resolution supporting SB 93 was approved at the April 5, 2016 City Council
meeting.
Senior Advisor to the City Administrator Fred Macfarlane reported on the proposed.
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-19. Motion
carried, 5-0.
19. Resolution No. 2016-20 - Approval of a Resolution 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 attached resolution in this staff report is exempt from
California Environmental Quality Act (CEQA) review, because it is a general
policy and produce 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. 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 attached resolution amending and restating the Citywide Fringe Benefits
and Salary Resolution, effective April 19, 2016 to reflect the following provision:
1) Amend Exhibit A, Classification and Compensation Plan by adding the
following:
a. Administrative Analyst
b. Senior Deputy City Attorney
c. Utilities Project Coordinator
2) Amend Exhibit A, Classification and Compensation Plan with revisions to the
Economic Development Manager job description.
3) Amend Section 11 Automobile Allowance
4) Delete the Administrative Aide Classification
Ms. Grizzelle reported on the proposed.
It was moved by Martinez and seconded by Woodruff-Perez to approve Resolution No. 2016-20.
Motion carried, 5-0.
Public Works, Water and Development Services
20. Contract Award for City Contract No. CS-0638: Fire Department Regional
Training Center Phase 1
Regular City Council Meeting Minutes
April 19, 2016
Page 6 of 8
Recommendation:
A. Find that approval of the contract award for the Fire Department Regional Training
Center Phase 1 is consistent with the Initial Study and Negative Declaration
prepared for this project pursuant to the provisions under the California
Environmental Quality Act (CEQA) in accordance with Section 15063, which
requires the lead agency to conduct an initial study to determine if the project may
have a significant effect on the environment, and Section 15070, which governs the
agency’s decision to prepare a negative declaration, and authorize the Director of
Public Works, Water and Development Services to file a Notice of Determination
finding that the project will not have a significant impact on the environment; and
B. Adopt the Negative Declaration prepared for this project pursuant to CEQA
Guidelines Section 15074; and
C. Accept the bid proposal from Hoffman Management & Construction Corp. as the
lowest responsive and responsible bidder and authorize the Mayor to execute a
contract not to exceed $541,485.70, for the Fire Department Regional Training
Center Phase 1, City Contract No. CS-0638, and to reject all other bids. Further,
authorize a contingency of $55,000.00 in the event of an unexpected changed
condition in the project and grant authority to the City Administrator to issue a
change order for an amount up to the contingency amount.
Director of Public Works, Water and Development Services Derek Wieske reported on the
proposed.
It was moved by Ybarra and seconded by Martinez to award the bid Contract No. CS-0638, to
Hoffman Management & Construction Corp. Motion carried, 5-0.
21. Authorization to enter into a Professional Services Agreement for Electrical
Engineering Services for Various City Facilities Electrical Upgrades
Recommendation:
A. Find that the proposed action, to solicit Electrical Engineering Services for Various
City Facilities Electrical Upgrades, attached hereto, is exempt under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section
15301, Subsections (b) and (d), because the project involves repair and maintenance
of existing public facilities – namely, publicly owned utilities used to provide water
– and negligible or no expansion of use beyond that existing at the time of the lead
agency’s determination; and
B. Authorize the City Administrator to execute the attached Professional Services
Agreement with Cannon Corporation, in substantially the same form as submitted
herewith, for an amount not to exceed $108,138 for Electrical Engineering Services
for Various City Facilities Electrical Upgrades; authorize a contingency amount of
$20,000 in the event an unexpected changed condition in the project occurs; and
grant authority to the City Administrator to issue a change order for an amount up
to the contingency amount.
Mr. Wieske reported on the proposed.
It was moved by Woodruff-Perez and seconded by Ybarra to approve the Professional Services
Agreement for Electrical Engineering Services with Cannon Corporation. Motion carried, 5-0.
ORAL REPORTS
22. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Regular City Council Meeting Minutes
April 19, 2016
Page 7 of 8
Police Captain Michael Gillman reported on the following: April 12th vehicle theft; April 13th
response to threats and brandishing of a firearm; ongoing investigation of a robbery at knifepoint;
April 20th Street racing taskforce will be assisting LA County Sheriff’s Department; and also
provided a Graffiti report.
Fire Chief Michael Wilson reported on the following: Fire Captains exam coming up on May 4th;
receiving over 80 new SCBA’s purchased through the UASI grant; new rescue ambulance getting
radios installed; continuous wild land fire training; mobilization drill on April 13th done at Santa
Fe Springs training facility; night drills in the coming weeks, continuing education for hazmat;
April 13th crews responded to a commercial structure fire at 3285 East Vernon; April 18th crews
responded to investigate smoke, 200 feet of brush was on fire, was extinguished.
Director of Public Works, Water, and Development Services Derek Wieske reported on the
following: working to fill various vacant positions; staff attended the Eco-Rapid Transit Board
meeting; grant opportunities; conducted annual housing inspections; small housing projects will
be handled early while larger housing projects will be presented to Council at a later date.
Interim Vernon Gas & Electric Director Peter Hervish reported on the following: No unscheduled
outages; added two natural gas flow meters to the turbines; lost buffer capacity of the Aliso Canyon
gas reservoir; power and gas conservation. Mayor Davis noted seeing a tree getting close to a
power line.
Finance Director William Fox reported on the following: Closing in on the annual budget process;
upcoming budget study sessions; insurance bidding; OPEB discussion and project; and Account
Clerk position being filled.
Director of Health and Environmental Control Leonard Grossberg: nothing to report.
Interim Human Resources Director Lisette Grizzelle reported on the following: Ongoing labor
negotiations with 5 of the 6 union groups; there are various recruitments in various stages; working
on employee newsletter; welcoming of the new Human Resources Director Isaac Garibay.
City Clerk Maria Ayala reported on the following: April 12th election completed 51% voter
turnout; the City Clerk Department looks forward to future voter outreach and education.
City Attorney Hema Patel reported on the lawsuit filed against Citigroup Energy Inc.
City Administrator Carlos Fandino reported on the following: welcoming of Councilmember
Lopez; budget review process; ongoing union negotiations; Vernon Chamber of Commerce
meeting; open meetings with all departments in the City; City Council and Department Heads
retreat ideas; and recognizing former Mayor McCormick for his service to the City.
23. City Council Reports – brief report on activities, announcements, or directives to staff.
Nothing to report.
Mayor Pro Tempore Davis recessed the meeting at 10:55 a.m. and reconvened at 11:04 a.m.
CLOSED SESSION
At 11:04 a.m., the City Council entered into closed session to discuss the following agendized
items:
24. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Employee Organizations: Teamsters Local 911,
IBEW Local 47,
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April 19, 2016
Page 8 of 8
Vernon Firemen's Association,
Vernon Fire Management Association,
Vernon Police Management Association
25. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957(b)(1)
26. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Francesco M. Pirello v. City of Vernon
Workers Compensation Appeals Board Case Nos. ADJ8479633, ADJ9327371,
ADJ8479607, and ADJ9327372
27. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(a)
Name of Case: City of Vernon vs. Citigroup Energy Inc., et al.
United States District Court
Southern District of New York Case No. CV16-2405
At 12:15 p.m. the City Council exited closed session. City Attorney Hema Patel reported that four
items were discussed with Council approving a settlement on Agenda Item No. 26. No further
report was given.
With no further business, at 12.15 p.m., Mayor Pro Tempore Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk