2016-06-07 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JUNE 7, 2016 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor Davis; Ybarra led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala noted that the Resolution for Item 22 was corrected for a typo, language
was corrected to state “8 members”, replacing incorrect language of “2 members”.
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 provided.
PUBLIC HEARING
Public Works, Water and Development Service Department
1. Resolution No. 2016-26 - Adoption of 2015 Urban Water Management Plan
Recommendation:
A. Conduct a Public Hearing and receive testimony regarding the adoption of the 2015
Urban Water Management Plan; and
B. Find that Adoption of the 2015 Urban Water Management Plan is exempt under the
California Environmental Quality Act (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 because the plan referenced herewith merely is an update
of the existing 2010 Urban Water Management Plan; and
C. Approve and authorize a Resolution adopting the 2015 Urban Water Management
Plan.
Mayor Davis opened the public hearing at 9:02 a.m.
Director of Public Works, Water and Development Services Derek Wieske reported on the
proposed.
Mayor Davis called for public comment. No public comment provided.
Mayor Davis closed the public hearing at 9:06 a.m.
It was moved by Martinez and seconded by Lopez to approve Resolution 2016-26. Motion carried,
5-0.
CONSENT CALENDAR
John Van de Kamp, Independent Reform Monitor, recommended the Police and Fire Department’s
activity reports be formatted in a more user-friendly style; and for staff to consider including
information on overtime expenditures.
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June 7, 2016
Page 2 of 9
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
2. None
Warrant Registers
3. Ratification of the following City Warrant Register to record the following voided
checks:
A. City Warrant Register No. 1445 to record voided Check No. 350610 in the amount
of $27.87; and
B. City Warrant Register No. 1448 to record voided Check No. 350915 in the amount
of $202.58
4. Approval of City Warrant Register No. 1449, totaling $1,809,194.35, which covers the
period of May 10 through May 30, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,031,968.48; and
B. Ratification of the issuance of early checks totaling $524,156.61; and
C. Authorization to issue pending checks totaling $253,069.26; and
D. Voided check No. 351126 through 351241 totaling $253,069.26
5. Approval of Light & Power Warrant Register No. 414, totaling $6,602,539.89, which
covers the period of May 10 through May 30, 2016, and consists of the following:
A. Ratification of wire transfers totaling $6,334,703.58; and
B. Ratification of the issuance of early checks totaling $223,819.86; and
C. Authorization to issue pending checks totaling $44,016.45
6. Approval of Gas Warrant Register No. 202, totaling $791,567.76, which covers the
period of May 10 through May 30, 2016, and consists of the following:
A. Ratification of wire transfers totaling $757,444.05; and
B. Ratification of the issuance of early checks totaling $27,762.08; and
C. Authorization to issue pending checks totaling $6,361.63
7. Approval of RDA Obligation Retirement Fund Warrant Register No. 31, totaling
$1,110.00, which covers the period of March 29 through May 30, 2016 and consists
of the following:
A. Ratification of the issuance of early checks totaling $1,100.00
City Administration Department
8. Council Conference Attendance Report - California Contract Cities Association
57th Annual Municipal Seminar
Fire Department
9. Activity Report for the period of May 1 through May 15, 2016
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June 7, 2016
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Police Department
10. Activity Log and Statistical Summary of Arrests and Activities for the period of May
1, through May 15, 2016, to be received and filed
Public Works, Water and Development Service Department
11. Building Department Report for the Month of April 2016
NEW BUSINESS
City Administration Department
12. Appointment to Vacant City Council Seat on the Vernon CommUNITY Fund Grant
Committee
Recommendation:
A. Find that the appointment of an individual to serve on the Vernon CommUNITY
Fund Grant Committee is exempt from California Environmental Quality Act
(“CEQA”) review, because it is an administrative action 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. Appoint a current City Council Member to fill the vacant City Council Seat on the
Vernon CommUNITY Fund Grant Committee.
Mayor Davis called for a volunteer to fill the vacant City Council seat on the Vernon
CommUNITY Fund Grant Committee.
Councilmember Lopez volunteered.
It was moved by Ybarra and seconded by Martinez to approve Councilmember Lopez’s
appointment to the Vernon CommUNITY Fund Grant Committee, effective immediately. Motion
carried, 5-0.
13. Ratification of Mayor’s Appointment of Eligible Individual to Serve on the Vernon
Housing Commission
Recommendation:
A. Find that ratification of the Mayor’s appointment of an eligible individual to serve
on the Vernon Housing Commission is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative action 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. Ratify the Mayor’s appointment of Frank Gaviña to serve on the Vernon Housing
Commission to fill an unexpired term in a Vernon Business Representative Seat.
City Clerk Maria Ayala reported on the proposed.
Public Comment
John Van de Kamp, Independent Reform Monitor, suggested that Council keep the non-appointed
candidates in mind for future board and commission openings.
It was moved by Ybarra and seconded by Woodruff-Perez to approve the appointment of Frank
Gaviña to serve on the Vernon Housing Commission. Motion carried, 5-0.
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June 7, 2016
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Gas and Electric Department
14. Biomethane Mutual Option Agreement by and between the City of Vernon and
Element Markets RNG, LLC
Recommendation:
A. Find that (a) the Biomethane Mutual Option Agreement between the City of Vernon
and Element Markets RNG, 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 and selling 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 and selling 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 Biomethane Mutual Option Agreement between the City of Vernon
(the “City”) and Element Markets RNG, LLC (“EMRNG”), in substantially the
same form as attached herewith, for the purpose of providing for a Mutual Option
that allows for the City to purchase renewable energy and related carbon allowances
at the most competitive price available in the market in-lieu of receiving biomethane
from Element Markets RNG, LLC. With this arrangement, Vernon Gas & Electric
(“VG&E”) will potentially recognize significant cost savings; and
C. Authorize the Interim Director of VG&E to execute the Biomethane Mutual Option
Agreement by and between the City of Vernon and Element Markets RNG, LLC;
and
D. Authorize the Interim Director of VG&E or his/her designee to execute the
Affidavit, Appendix 1 to the Biomethane Mutual Option Agreement by and between
the City of Vernon and Element Markets RNG, LLC, as often as it may be required
to implement the Biomethane Mutual Option Agreement.
Utilities Engineering Manager Ali Nour reported on the proposed.
It was moved by Woodruff-Perez and seconded by Lopez to approve the Biomethane Mutual
Option Agreement. Motion carried, 5-0.
15. Approving the Issuance of One Notice Inviting Bids for Qualified Manufacturers
and Distributors for the Replacement of Circuit Breakers at Leonis Substation
Identified as a Capital Improvement Project Invitation to Bid No. CB7-2016-2
Recommendation:
A. Find that approval of the proposed issuance of an Invitation to Bid is categorically
exempt under the California Environmental Quality Act (CEQA), in accordance
with CEQA Guidelines section 15301, because the project 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. Approve the issuance of Notice Inviting Bid to qualified manufacturers and
distributors for the procurement of necessary vacuum filled Circuit Breakers at
Leonis Substation in order to maintain safety, capacity and reliability.
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June 7, 2016
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Mr. Nour reported on the proposed.
Mayor Davis asked about oil leaks from the existing breakers. Mr. Nour responded, that leaks are
addressed as soon as they are noted.
It was moved by Ybarra and seconded by Marinez to approve the Notice of Invitation to Bid No.
CB7-2016-2. Motion carried, 5-0.
16. Approving the Issuance of One Notice Inviting Bid for Qualified Manufacturers and
Distributors for the Replacement of Circuit Breakers at Leonis Substation
Identified as a Capital Improvement Project Invitation to Bid No. CB16-2016-1
Recommendation:
A. Find that approval of the proposed issuance of an Invitation to Bid is categorically
exempt under the California Environmental Quality Act (CEQA), in accordance
with CEQA Guidelines section 15301, because the project 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. Approve the issuance of Notice Inviting Bid to qualified manufacturers and
distributors for the procurement of necessary vacuum filled Circuit Breakers at
Leonis Substation in order to maintain safety, capacity and reliability.
Mr. Nour reported on the proposed.
It was moved by Woodruff-Perez and seconded by Lopez to approve the Notice of Invitation to
Bid No. CB16-2016-1. Motion carried, 5-0.
17. Request for Approval of Randall Foods, Inc. Optical Fiber Use Agreement No.15
Recommendation:
A. Find that the approval requested in this staff report is exempt under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines
Section 15301(b), which exempts minor extensions of utility services involving
negligible or no expansion of use beyond that existing at the time of the lead
agency’s determination, and under Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the environment,
because the proposal will not require any construction, and the only physical
change to the environment is stringing a few hundred feet of fiber optic cabling
(of roughly ½ inch in diameter) from existing utility poles onto private property;
and
B. Approve and authorize the execution of Optical Fiber Use Agreement No. 15 with
Randall Foods, Inc. and the related Short Form IRU-15.1 Indefeasible Right of
Use Agreement, in substantially the same form as submitted herewith, for the
purpose of leasing unused fiber optic cable. Upon approval, construction for the
implementation of an Optical Fiber Connection will commence.
Mr. Nour reported on the proposed.
It was moved by Ybarra and seconded by Lopez to approve the Optical Fiber Use Agreement No.
15. Motion carried, 5-0.
Public Works, Water and Development Services Department
18. Resolution No. 2016-27 - A Resolution Approving the Warehouse Special Parcel Tax
Rate Adjustment for Fiscal Year 2016/2017
Regular City Council Meeting Minutes
June 7, 2016
Page 6 of 9
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
environment; 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 a significant effect
on the environment; and
B. Adopt a resolution setting the Warehouse Special Parcel Tax rate at $30.045 per 100
square feet of gross area of land for Fiscal Year 2016/2017 and submitting the
Warehouse Special Parcel Tax List to the Los Angeles County Auditor Controller’s
Office.
Director of Public Works, Water and Development Services Derek Wieske reported on proposed
items 18 through 21.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2016-27. Motion
carried, 5-0.
19. Resolution No. 2016-28 – A Resolution Approving the One Year Billing Agreement
with Los Angeles County Auditor-Controller to Collect and Distribute the
Warehouse Special Parcel Tax for Fiscal Year 2016/2017
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
environment; 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 a significant effect
on the environment; and
B. Adopt a resolution to authorize the Finance Director to enter into an Agreement for
Billing of Direct Assessments (Warehouse Special Parcel Tax) with the Los Angeles
County Auditor-Controller’s Office for the collection and distribution of the
Warehouse Special Parcel Tax for Fiscal Year 2016/2017; and
C. Authorize the Finance Director to file the Agency Information Sheet with the County
of Los Angeles Auditor-Controller for the Warehouse Special Parcel Tax.
It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-28.
Motion carried, 5-0.
20. Resolution No. 2016-29 - A Resolution Approving the Public Safety Special Parcel
Tax Rate Adjustment for Fiscal Year 2016/2017
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
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June 7, 2016
Page 7 of 9
environment; 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 a significant effect
on the environment; and
B. Adopt a resolution setting the Public Safety Special Parcel Tax rate at $0.03098 per
square foot of taxable parcel area for Fiscal Year 2016/2017 and submitting the
Public Safety Special Parcel Tax List to the Los Angeles County Auditor
Controller’s Office.
It was moved by Martinez and seconded by Lopez to approve Resolution No. 2016-29. Motion
carried, 5-0.
21. Resolution No. 2016-30 – A Resolution Approving the One Year Billing Agreement
with Los Angeles County Auditor-Controller to Collect and Distribute the Public
Safety Special Parcel Tax for Fiscal Year 2016/2017
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
environment; 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 a significant effect
on the environment; and
B. Adopt a resolution to authorize the Finance Director to enter into an Agreement for
Billing of Direct Assessments (Public Safety Special Parcel Tax) with the Los
Angeles County Auditor-Controller’s Office for the collection and distribution of
the Public Safety Special Parcel Tax for Fiscal Year 2016/2017; and
C. Authorize the Finance Director to file the Agency Information Sheet with the County
of Los Angeles Auditor-Controller for the Vernon Public Safety Special Parcel Tax.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-30.
Motion carried, 5-0.
22. Resolution No. 2016-31 – A Resolution Supporting Senate Bill 1472 to Expand the
Los Angeles County Metropolitan Transportation Authority Board
Recommendation:
A. Find that the approval of the proposed resolution in this staff report is exempt from
California Environmental Quality Act (CEQA) review, because the action 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 Senate Bill 1472 to expand the Los Angeles County
Metropolitan Transportation Authority Board with two additional public members.
Director Wieske reported on the proposed.
Saeed Ali, Senior Policy Analyst for Senator Mendoza, updated the Council on SB 1472 and
Vernon’s role on the Metro Board.
Director Wieske listed the other municipalities supporting SB 1472.
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June 7, 2016
Page 8 of 9
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-31. Motion
carried, 5-0.
23. Acceptance of Work of Cora Constructors, Inc. regarding Contract No. CS-0522,
Furnish and Install One New 300KW Cummins Diesel Power Generator
Recommendation:
A. Affirm that accepting the work of Cora Constructors, Inc., (Furnish and Install One
New 300KW Cummins Diesel Power Generator), Contract No. CS-0522, is
categorically exempt under the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15302(c), because the proposed project
consists of the replacement or reconstruction of existing utility systems and/or
facilities involving negligible or no expansion of capacity; and
B. Accept the work of Cora Constructors, Inc., as part of the project (Furnish and Install
One New 300KW Cummins Diesel Power Generator), Contract No. CS-0522.
Director Wieske reported on the proposed.
It was moved by Ybarra and seconded by Martinez to approve Contract No. CS-0522. Motion
carried, 5-0.
ORAL REPORTS
24. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Police Captain Michael Gillman reported on the following: June 5 suspect arrested for spray
painting a business in the 2600 block of Fruitland Avenue; June 6 commercial burglary in the 2900
block of Santa Fe Avenue, detectives investigating; and also reported that Chief Calleros is
participating in the 30th Anniversary of the Law Enforcement Torch Run for the Special Olympics
today.
Fire Chief Mike Wilson reported on the following: July 19th Ground Breaking Ceremony;
addressing activity report improvements; June 26th training at Verdugo dispatch; May 20th, fire
crews responded to a dust explosion and hopper fire at 4618 Pacific Boulevard; and June 4th,
Vernon Fire Engine 11 and a Battalion Chief were part of a strike team that responded to the
Calabasas Fire.
Director of Public Works, Water and Development Services Derek Wieske gave an update on the
following: the Gateway Cities COG Board Meeting; meeting with the Metro CEO regarding
Measure R2; the Eco Rapid Transit Board meeting and the Vernon Housing Commission on
Wednesday; and the leasing of groundwater rights.
Utilities Compliance Manager Ali Nour gave a short PowerPoint Presentation on the transformer
upgrades throughout the City.
Director of Finance William Fox gave an update on the budget process; the commencement of the
FY 2016-2017 Annual Audit; and the status of the Infrastructure Asset Study.
Interim Director of Health and Environmental Service Lewis Pozzebon gave a brief update on the
outreach and education efforts of the Exide cleanup project.
Director of Human Resources Isaac Garibay gave a brief update on the VG&E Director recruitment
and ongoing labor negotiations.
City Administrator Carlos Fandino gave a brief update on the Vernon CommUNITY Fund Grant
Committee meeting on June 14th; filling current and upcoming Commission and Committee
vacancies; and notices of the Regional Training Center Groundbreaking Ceremony.
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June 7, 2016
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25. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided.
Mayor Davis recessed the meeting at 10:20 a.m. and reconvened at 10:30 a.m.
CLOSED SESSION
At 10:30 a.m., the City Council entered into closed session to discuss the following agendized
items:
26. 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
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
Title: City Attorney
At 10:46 a.m. the City Council exited closed session. City Attorney Hema Patel announced two
items were discussed and that there was no reportable action from closed session.
With no further business, at 10:47 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk