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2016-05-03 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MAY 3, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Ybarra, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 7:30 a.m. by Mayor Davis; Mayor Pro Tempore Woodruff- Perez led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced the following changes: Agenda Item No. 1 would be moved to the last item on the Agenda, Agenda Item No. 6 would be moved to the beginning of the Agenda to be taken first, and Agenda Item No. 16 would be pulled and brought back at the next regular meeting. PUBLIC COMMENT Mayor 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. No Public Comment was provided at this time. NOTE: ITEM NO. 6 WAS MOVED TO THE BEGINNING OF THE AGENDA BUDGET STUDY SESSION 6. Review of proposed budgets for fiscal year 2016-2017 for the following departments: A. Overview Finance Director William Fox provided the overview of proposed budgets. B. Police Department Police Chief Daniel Calleros provided the review of the Department’s proposed budget. Ybarra inquired about the traffic antenna and a backup plan for the COPS grant. Chief Calleros addressed Ybarra’s questions, explaining alternate funding plan. C. Fire Department Fire Chief Michael Wilson provided the review of the Department’s proposed budget. Mayor Davis asked how additional hires will affect the Fire Department’s current staffing. Chief Wilson responded by explaining the vacancies/voids that would be filled. Woodruff-Perez asked if the Fire Department required a USAR unit to stay at a Class-1 status and number of calls the USAR unit has had regionally. Chief Wilson responded and explained what personnel level was required to stay at a Class-1. Public Comment Marisa Olguin, Vernon Chamber of Commerce, requested to see a more historical budgeting report. Regular City Council Meeting Minutes May 3, 2016 Page 2 of 9 D. City Clerk Department City Clerk Maria Ayala provided the review of the Department’s proposed budget. E. Finance Department Finance Director William Fox provided the review of the Department’s proposed budget. F. Information Technology Division Information Technology Manager Ernesto Smith provided the review of the Division’s proposed budget. Public Comment Marisa Olguin, Vernon Chamber of Commerce, wanted to complement the budget presentations for their transparency and good governance. Mayor Davis recessed the meeting at 9:09 a.m. The meeting reconvened at 9:19 where public comment was taken a second time. Public Comment David Jaurez, Representative of Assembly Member Miguel Santiago, thanked the City for the support of AB118 and SB93. Presented Certificates of Recognitions to Mayor Davis, Woodruff- Perez, and Lopez. Sandra Orozco, Southeast Political Activist, commended the City on transparency and good governance. Paul Johnson, Fire Department Engineer, spoke briefly about the “Fill the Boot” campaign. Elisabeth Tempest, Director of Business Development for the Muscular Dystrophy Association, spoke briefly about the “Fill the Boot” campaign and the Muscular Dystrophy Association. PRESENTATIONS 2. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring the Week of May 1 - 7, 2016, as Municipal Clerks Week Presented by: Carlos Fandino, City Administrator City Administrator Carlos Fandino introduced and read the proclamation. Mayor Davis presented the proclamation to City Clerk Maria Ayala. 3. Drug Abuse Resistance Education (D.A.R.E.) Program Essay Awards Presented by: Vernon Police Department, Chief Daniel Calleros Police Chief Daniel Calleros introduced the item and briefly explained the program. Officer Miguel Hernandez introduced the winners and presented them with their awards. Each award recipient gave a brief speech about what they learned from the D.A.R.E. program. 4. Los Angeles County Metropolitan Transportation Authority (Metro) Open Streets Grant Program Presented by: Derek Wieske, Director of Public Works, Water and Development Services Regular City Council Meeting Minutes May 3, 2016 Page 3 of 9 Director of Public Works, Water and Development Services Derek Wieske presented the grant program. Senior Advisor to the City Administrator Fred Macfarlane spoke about the benefits and opportunities this grant program will provide to the City. 5. Verdugo Fire Communications Update Presented by: Vernon Fire Department, Battalion Chief, Andrew Guth Battalion Chief Andrew Guth presented the update. CONSENT CALENDAR It was moved by Ybarra and seconded by Mayor Pro-Tem 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 7. None Warrant Registers 8. Approval of City Warrant Register No. 1447, totaling $1,636,353.23, which covers the period of April 12 through April 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $937,631.96; B. Ratification of the issuance of early checks totaling $600,180.43; and C. Authorization to issue pending checks totaling $95,540.84. 9. Approval of Light & Power Warrant Register No. 412, totaling $5,745,160.56, which covers the period of April 12 through April 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $5,624,356.85; B. Ratification of the issuance of early checks totaling $116,328.00; and C. Authorization to issue pending checks totaling $4,475.71 10. Approval of Gas Warrant Register No. 200, totaling $852,417.22, which covers the period of April 12 through April 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $825,976.32; and B. Ratification of the issuance of early checks totaling $21,367.74. C. Authorization to issue pending checks totaling $5,073.16. Fire Department 11. Activity Report for the period of April 1 through April 15, 2016, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of April 1, through April 15, 2016, to be received and filed. Public Works, Water, and Development Services Department Regular City Council Meeting Minutes May 3, 2016 Page 4 of 9 13. Approval of the Contract between the City of Vernon and Petrochem Manufacturing Innovation, LLC (PMI) for the Citywide Slurry Seal, Phase IV Project, CS-0677 Recommendation: A. Find that the approval of the proposed Citywide Slurry Seal (Phase IV) Project is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets. B. Approve and authorize the City Administrator to execute a contract with Petrochem Manufacturing Innovation, LLC for the Material, Delivery and Application for the Citywide Slurry Seal (Phase IV) Project, Contract CS-0677, at a not-to-exceed amount of $178,100; and find that awarding the contract is exempt from Competitive Bidding pursuant to Vernon Municipal Code § 2.17.12(A)(5)(b), because it is a contract for supplies with a vendor that provided the same supplies to the City of Los Angeles at the same price reflected in the contract. 14. General Services Agreement with the County of Los Angeles Recommendation A. Find that the approval of the proposed General Services Agreement in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a continuing administrative activity that will not result in any direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. In addition, even if such 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 a significant effect on the environment; and B. Authorize the Mayor to execute the General Services Agreement between the County of Los Angeles and the City of Vernon; and C. Enter into an agreement with the County of Los Angeles for services requested by the City of Vernon and performed by the County of Los Angeles. The services to be performed by the County of Los Angeles include a variety of public works services, and miscellaneous services commencing July 1, 2016 through June 30, 2021. NEW BUSINESS City Administration Department 15. Resolution Appointing Lewis Pozzebon to Serve as Interim Director of Health and Environmental Control and Approving and Authorizing the Execution of a Related Temporary 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 Regular City Council Meeting Minutes May 3, 2016 Page 5 of 9 B. Adopt the attached resolution appointing Lewis Pozzebon to serve as the Interim Director of Health and Environmental Control for the City of Vernon, approving and authorizing the execution of a related temporary at-will employment agreement with an effective date of April 25, 2016. This appointment 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. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Mayor Pro-Tem Woodruff-Perez to approve Resolution No. 2016-21. Motion carried, 4-0. City Clerk Department NOTE: ITEM NO. 16 WAS REMOVED FROM THE AGENDA TO BE TAKEN AT NEXT MEETING 16. Approval of a Resolution for City Council Appointments/Reappointments as Representatives to Various Agencies and/or Committees Recommendation: Items A-D: A. Find that approval of the proposed Resolution updating the City Council appointments does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from 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. Appoint Council Members as delegate(s) and alternate(s), as well as some key staff as either delegate(s) and/or alternate(s) to the following boards of various agencies and/or committees as follows: 1. California Contract Cities Association. Appoint _______ as the delegate; and ________ as the alternate. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 2. Central Basin Water Association. Appoint ________ as the delegate; ________ as the alternate; and reaffirm the City of Vernon’s Director of Public Works, Water and Development Services, or his/her designee, to also serve as the City’s alternate. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; William J. Davis as the alternate; and reaffirm the Director of Public Works, Water & Development Services or his/her designee, to also serve as the City’s alternate. 3. County Sanitation District No. 1. Appoint William J. Davis as the presiding officer of the City of Vernon to serve as the City’s member on the Board of Directors of County Sanitation District No. 1; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the presiding officer as delegate; and Melissa Ybarra as the alternate. 4. County Sanitation District No. 2. Appoint William J. Davis to serve as the City’s delegate to the Board of Directors of County Sanitation District No. 2; and ________ as the alternate. Regular City Council Meeting Minutes May 3, 2016 Page 6 of 9 Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate. 5. County Sanitation District No. 23. Appoint current City Council (William J. Davis, Yvette Woodruff-Perez, Luz Martinez, Melissa Ybarra, and Leticia Lopez) to serve as the Board of Directors to County Sanitation District No. 23. Previous appointments, pursuant to Resolution No. 2015-22, appointed then City Council: W. Michael McCormick, William J. Davis, Luz Martinez, Melissa Ybarra, and Yvette Woodruff-Perez. 6. Gateway Cities Council of Governments. Appoint ________ as the delegate; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: William J. Davis as the delegate and Melissa Ybarra as the alternate. 7. I-710 EIR/EIS Project Committee. Appoint ________ as the delegate and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: William J. Davis as the delegate; and W. Michael McCormick as the alternate. 8. Independent Cities Association of Los Angeles County. Appoint _______ as the delegate; and ________ as the alternate. Previous appointments, made pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 9. Independent Cities Finance Authority. Appoint ________ as the delegate; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 10. League of California Cities. Appoint _______ as the delegate; and ________ and ________ as the alternates. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis and Melissa Ybarra as the alternates. 11. Eco-Rapid Transit (formerly known as the Orangeline Development Authority). Appoint ________ as the delegate and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22 made to the Orangeline Development Authority were: W. Michael McCormick as the delegate; and Melissa Ybarra as the alternate. 12. Pacific Electric Right-of-Way/ West Santa Ana Branch Corridor Alternative Analysis. Appoint _______ as the representative on the Steering Committee; and reaffirm the City’s appointment of the City’s Director of Public Works, Water and Development Services, or his/her designee, to serve on the Technical Advisory Committee. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the representative; and Director of Public Works, Water and Development Services, or his/her designee, to serve on the Technical Advisory Committee. 13. Southeast Community Development Corporation. Appoint ________ as the delegate; and ________ as the alternate. Regular City Council Meeting Minutes May 3, 2016 Page 7 of 9 Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Melissa Ybarra as the alternate. 14. Southeast Water Coalition. Appoint ________ as the delegate; and ________ as the alternate; and, reaffirm that said appointed representatives shall also be the City’s representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water-related meeting which affect the City of Vernon. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate; and, reaffirmed that said appointed representatives shall also be the City’s representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water-related meeting which affect the City of Vernon. 15. Southern California Association of Governments. Appoint _______ as the delegate; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate. 16. Vernon Solid Waste Hearing Panel. Appoint ________, ________, and ________ to serve on the Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities. Previous appointments, pursuant to Resolution No. 2015-22: Melissa Ybarra, Yvette Woodruff-Perez, and Luz Martinez. C. Adopt a Resolution of the City Council of the City of Vernon designating and appointing its representatives and alternates to the boards of various agencies and/or committees. D. Authorize the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments, and post in accordance with state laws and/or regulations. Gas and Electric Department 17. Base Contract with Pacific Summit Energy, LLC for Sale and Purchase of Natural Gas (i.e. “NAESB Contract”) Recommendation A. Find that (a) the agreement between the City of Vernon and Pacific Summit Energy, 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 gas; 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 gas 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. Authorize the Interim Director of Gas & Electric (as per Resolution No. 9280) to execute the North American Energy Standards Board (“NAESB”) contract by and between the City of Vernon (“City”) and Pacific Summit Energy, LLC (“PSE”) for the purpose of buying and selling natural gas to or from PSE, in compliance with the general terms established in the agreement. Pursuant to Vernon Municipal Code Regular City Council Meeting Minutes May 3, 2016 Page 8 of 9 § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the city’s power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Interim Director of Gas & Electric Peter Hervish reported on the proposed. It was moved by Ybarra and seconded by Mayor Pro-Tem Woodruff-Perez to approve the NAESB contract. Motion carried, 4-0. Public Works, Water, and Development Services Department 18. Revocable Encroachment Agreement No. 420 – AMB Vernon Industrial Park, LLC (Prologis) Recommendation: A. Find that the approval of the Revocable Encroachment Agreement (the “Agreement”) 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 which have the potential for causing a significant effect on the environment; and B. Approve Revocable Encroachment Agreement No. 420 between the City of Vernon and AMB Vernon Industrial Park, LLC (Prologis). Director of Public Works, Water, and Development Services Derek Wieske reported on the proposed. It was moved by Ybarra and seconded by Mayor Pro-Tem Woodruff-Perez to approve the agreement. Motion carried, 4-0. ORAL REPORTS 19. 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: April 23 assault with a deadly weapon; April 30 major traffic accident in intersection of Santa Fe and 30th Street; and also reported that mental health evaluations were proving to be a great tool. Police Captain Michael Gillman reported on the following: a business on the 3300 block of Bandini had graffiti. Fire Chief Mike Wilson reported on the following: “Fill the Boot” Muscular Dystrophy Association drive scheduled for May 3, 11, and 19; upcoming Captains exam; Boy Scouts Pancake Breakfast on May 14; his jury duty experience; and the April 30 traffic accident extrication. Director of Public Works, Water and Development Services Derek Wieske gave a brief update on the following: water rate increase process; annual housing inspections and other small maintenance projects; and grant applications. Interim Director of Gas & Electric Peter Hervish reported on the following: one unscheduled outage caused by metallic balloons; and Aliso Canyon effect on the City. Director of Finance Bill Fox gave a brief update on Moody’s review and rating of City bonds; and recruitment to fill purchasing agent vacancy. Interim Director of Health and Environmental Control Lewis Pozzebon spoke about being reacquainted with the City. Regular City Council Meeting Minutes May 3, 2016 Page 9 of 9 Director of Human Resources Isaac Garibay gave a brief update on the ongoing recruitments. City Clerk Maria Ayala gave a brief update on Municipal Clerks week. City Administrator Carlos Fandino reported on the following: May 12 Jawbone Canyon trip; May 12-15 Contract Cities Seminar; and remainder of budget presentations. 20. City Council Reports – brief report on activities, announcements, or directives to staff. Council Member Woodruff-Perez announced she passed her Registered Nurse exam. 1. City Council Tour of New Urban Search and Rescue Vehicle and Paramedic Rescue Ambulance Presented by: Vernon Fire Department, Chief Michael Wilson At 10:40 a.m. Council took the tour described in Item No. 1. Returning to the Council Chamber at 11:07 a.m. CLOSED SESSION At 11:07 a.m., the City Council entered into closed session to discuss the following agendized items: 21. 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, Vernon Firemen's Association, Vernon Fire Management Association, Vernon Police Management Association 22. 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 23. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) At 12:01 p.m. the City Council exited closed session. City Attorney Hema Patel announced that there was no reportable action from closed session. With no further business, at 12:02 p.m., Mayor Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk