2016-06-21 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JUNE 21, 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; Battalion Chief Todd Painton led
the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there were no changes to the agenda.
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.
Sandra Rivera Orozco, Southeast Political Activist, spoke about the Maywood Fire.
PUBLIC HEARING
1. Public Hearing on the Adoption of the Fiscal Year 2016-2017 Proposed Citywide
Budget
Resolution No. 2016-32 - A Resolution of the City Council of the City of Vernon
Approving a Budget for the Fiscal Year 2016-2017
Recommendation:
A. Find that adoption of the resolution proposed in this staff report is exempt from the
California Environmental Quality Act (CEQA), because adoption of the budget is
the creation of a government funding mechanism or other government fiscal activity
that does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment and is therefore not a
“project” as defined under Section 15378(b)(4). Further, even if adoption of the
budget were considered 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. Adopt a resolution approving the citywide balanced budget for fiscal year 2016-
2017, with estimated budgeted revenues and expenditures of $335,803,236.
City Administrator Carlos Fandino gave an overview of the Fiscal Year 2016-2017 Proposed
Citywide Budget.
Mayor Davis opened the Public Hearing at 9:11 a.m.
Finance Director William Fox gave a PowerPoint Presentation on the Proposed Citywide Budget.
Public Comment
Marisa Olguin, Vernon Chamber of Commerce, commented on the City’s budget process;
recommending staff present historical budget information with budget actuals from previous years.
Councilmember Ybarra asked staff if feasible, for budget actuals. Director Fox explained that
during the budget study sessions the forecast numbers contained actual year-to-date figures and
Regular City Council Meeting Minutes
June 21, 2016
Page 2 of 10
the forecasts for the remaining year. Ybarra made a formal request for budget actuals information
to be presented at a future meeting. Director Fox replied that those figures would be provided.
John van de Kamp, Independent Special Council, asked when the labor negotiations would be
completed and if the budget would be revised. Director Fox responded that the budget would be
revised pending the labor negotiations; and that it was anticipated that negotiations would be
completed in the near future.
Ms. Olguin made a brief statement regarding Council’s responsibilities towards good governance
and transparency.
Mayor Davis closed the Public Hearing at 9:36 a.m.
It was moved by Martinez and seconded by Woodruff-Perez to approve the Fiscal Year 2016-2017
Proposed Citywide Budget and Resolution No. 2016-32. Motion carried, 3-2. Yaes: Davis,
Woodruff-Perez, and Martinez. Noes: Ybarra and Lopez.
2. Public Hearing on the Adoption of the City of Vernon Fiscal Year 2016-17 State
Appropriation Limit, following Article XIIIB of the State Constitution (often
referred to as the GAAN Limit)
Resolution No. 2016-33 - A Resolution of the City Council of the City of Vernon
Adopting an Appropriation Limit for the 2016-2017 Fiscal Year, pursuant to
Government Code Section 7910
Recommendation:
A. Find that adoption of the Fiscal Year 2016-2017 Appropriation Limit proposed in
this staff report is exempt under the California Environmental Quality Act (CEQA),
because such action 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. Establish the City’s Appropriation Limit for the Fiscal Year 2016-2017 in the
amount of $1,096,662,762 based on the percentage growth in the State Per Capita
Personal Income and County Population.
Mayor Davis opened the Public Hearing at 9:41 a.m.
Finance Director William Fox reported on the proposed.
No Public Comment provided.
Mayor Davis closed the Public Hearing at 9:41 a.m.
It was moved by Martinez and seconded by Woodruff-Perez to approve the Fiscal Year 2016-17
State Appropriation Limit and Resolution No. 2016-33. Motion carried, 5-0.
PRESENTATIONS
3. Service Pin Awards for May 2016
Presented by: Isaac Garibay, Director of Human Resources
NAME DEPARTMENT TITLE YEARS
Fernando R. Rodriguez Police Police Sergeant 30
Gerardo C. Farias Public Works Senior Maintenance Worker
Specialist
25
Wesley Cruz Public Works Plumbing & Mechanical
Inspector
20
Anthony Encinas II Police Police Officer 15
Regular City Council Meeting Minutes
June 21, 2016
Page 3 of 10
Director of Human Resources Isaac Garibay recognized the two service pin recipients in
attendance: Wesley Cruz and Anthony Encinas II.
Police Chief Daniel Calleros briefly acknowledged Police Office Encinas’ accomplishments
during his 15-year tenure with the Vernon Police Department.
CONSENT CALENDAR
It was moved by Ybarra and seconded by Martinez 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
4. Claim for Damages from Francisco A. Alvarado received on June 14, 2016 in the
amount of $25,000,000.
Minutes – To be Received and Filed
5. Minutes of the Regular City Council Meeting held March 1, 2016.
6. Minutes of the Regular City Council Meeting held March 15, 2016.
7. Minutes of the Regular City Council Meeting held April 5, 2016.
Warrant Registers
8. Ratification of the following City Warrant Register to record the following voided
checks:
A. City Warrant Register No. 1449 to record voided Check No. 351298 in the amount
of $750.00.
9. Approval of City Payroll Warrant Register No. 720, totaling $3,021,957.07, which
covers the period of May 1 through May 31, 2016 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,090,393.33; and
B. Checks and electronic fund transfers (EFT) totaling $931,563.74.
10. Approval of City Warrant Register No. 1450, totaling $1,996,839.46, which covers
the period of May 31 through June 13, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,491,620.86; and
B. Ratification of the issuance of early checks totaling $400,818.77; and
C. Authorization to issue pending checks totaling $104,399.83; and
D. Voided check No. 351360 totaling $38,000.00.
11. Approval of Light & Power Warrant Register No. 415, totaling $3,311,468.36, which
covers the period of May 31 through June 13, 2016, and consists of the following:
A. Ratification of wire transfers totaling $3,200,770.80; and
B. Ratification of the issuance of early checks totaling $105,804.69; and
C. Authorization to issue pending checks totaling $4,893.59.
Regular City Council Meeting Minutes
June 21, 2016
Page 4 of 10
12. Approval of Gas Warrant Register No. 203, totaling $6,850.48, which covers the
period of May 31 through June 13, 2016, and consists of the following:
A. Ratification of issuance of early checks totaling $6,673.48; and
B. Authorization to issue pending checks totaling $177.00.
Police Department
13. Activity Log and Statistical Summary of Arrests and Activities for the period of May
16, through May 31, 2016, to be Received and Filed
Gas and Electric Department
14. Correction to the Procedures for Calculating the Renewable Energy Cost
Adjustment Factor
Recommendation:
A. Find that (a) the Correction to the Procedures for Calculating the Renewable Energy
Cost Adjustment Factor 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 correcting an existing procedure 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
correcting the procedures for calculating the renewable energy cost adjustment
factor is purely an administrative activity, 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 Correction to the Procedures for Calculating the Renewable Energy
Cost Adjustment Factor, in substantially the same form as attached herewith, for the
purpose to aligning the computation of the Renewable Energy Cost Adjustment
Factor with the intent of Resolution No. 2011-184.
15. Request for Approval of Papa Cantella's Inc. Optical Fiber Use Agreement No. 16
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. 16 with
Papa Cantella’s Inc., and the related Short Form IRU-16.1 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.
Health and Environmental Control Department
16. May 2016 Health & Environmental Control Department Monthly Report
Regular City Council Meeting Minutes
June 21, 2016
Page 5 of 10
Public Works, Water and Development Services Department
17. Building Department Report for the Month of May 2016
18. Master Encroachment Agreement No. 422 – Crown Castle NG West, LLC
Recommendation:
A. Find that the approval of the Master 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 Master Encroachment Agreement No. 422 between the City of Vernon and
Crown Castle NG West LLC, in substantially the same form as submitted herewith.
NEW BUSINESS
City Administration Department
19. Appointment of Eligible Individuals to Serve on the Vernon Business & Industry
Commission
Recommendation:
A. Find that the appointment of eligible individuals to serve on the Vernon Business &
Industry Commission and the appointment of a current City Council Member to
serve on the Vernon Business & Industry Commission are exempt from California
Environmental Quality Act (“CEQA”) review, because they are administrative
actions that will not result in direct or indirect physical changes in the environment,
and therefore do not constitute a “project” as defined by CEQA Guidelines section
15378; and
B. Appoint an eligible individual to serve on the Vernon Business & Industry
Commission for a four year term in a Vernon Business Representative Seat with a
term of July 1, 2016 to June 30, 2020; and
C. Appoint an eligible individual to serve on the Vernon Business & Industry
Commission for a four year term in a Vernon Real Estate Representative Seat with
a term of July 1, 2016 to June 30, 2020; and
D. Appoint a current City Council Member to serve on the Vernon Business & Industry
Commission for a four year term in the City Council Representative Seat with a term
of July 1, 2016 to June 30, 2020.
City Clerk Maria Ayala reported on the proposed.
Robert Wendoll was nominated by Mayor Davis for the Vernon Business Representative Seat.
Jack Cline was nominated by Mayor Davis for the Vernon Real Estate Representative Seat.
Mayor Davis volunteered for the City Council Representative Seat.
It was moved by Martinez and seconded by Ybarra to approve the appointments of Robert
Wendoll, Jack Cline, and Mayor Davis to the Vernon Business & Industry Commission. Motion
carried, 5-0.
20. Appointments of Eligible Individuals to Serve on the Vernon CommUNITY Fund
Grant Committee
Regular City Council Meeting Minutes
June 21, 2016
Page 6 of 10
Recommendation:
A. Find that the appointment of eligible individuals 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 an eligible individual to serve on the Vernon CommUNITY Fund Grant
Committee in a Legislative Representative Seat with a term of July 1, 2016 to June
30, 2018; and
C. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant
Committee in a Vernon Business Representative Seat with a term of July 1, 2016 to
June 30, 2018.
City Clerk Maria Ayala reported on the proposed.
David Juarez was nominated by Council Member Ybarra for the Legislative Representative Seat.
Steve Veres was nominated by Mayor Davis for the Legislative Representative Seat.
It was moved by Ybarra and seconded by Martinez to approve the appointment of David Juarez.
It was moved by Davis to approve the appointment of Steve Veres. Motion failed for lack of a
second.
Juliet Goff was nominated by Council Member Ybarra for the Business Representative Seat.
It was moved by Ybarra and seconded by Lopez to approve the appointment of Juliet Goff.
John Van de Kamp, Independent Special Council, recommended Council to keep Steve Veres as
the Legislative Representative.
Ybarra retracted her nomination of David Juarez, Martinez retracted her second in kind.
It was moved by Ybarra and seconded by Martinez to approve the appointment of Steve Veres
It was moved by Martinez and seconded by Ybarra to approve the appointments of Steve Veres
and Juliet Goff to the Vernon CommUNITY Fund Grant Committee. Motion carried, 5-0.
Mr. Van de Kamp wanted to note that another seat was going to be terming out soon and Mr.
Juarez should be considered for that.
21. Approval of Legacy LA Youth Development Corporation’s (Legacy) request for
$1,000,000 for Phase I Construction Projects and Disbursement of Funds Once
Certain Conditions are Met in Accordance with the Grant Agreement
Recommendation:
A. Find that approval of Legacy LA’s request for $1,000,000 for Phase I Construction
Projects and disbursement of funds proposed in this staff report is exempt from the
California Environmental Quality Act (“CEQA”), because such action is a
governmental fiscal activity and therefore not a “project” as defined under CEQA
Guidelines § 15378. CEQA review of the actual construction project was, has been
or will have been conducted by the lead agency with physical jurisdiction over the
project; and
B. Approve Legacy LA’s request for $1,000,000 for Phase I Construction Projects; and
Regular City Council Meeting Minutes
June 21, 2016
Page 7 of 10
C. Approve disbursement of $1,000,000 to Legacy LA for Phase I of Construction
Projects once conditions are met in accordance with the grant agreement.
Finance Director William Fox reported on the proposed.
Public Comment
Fred MacFarlane, Senior Advisor to the City Administrator, briefly spoke about the benefits of the
project.
Lou Calanche, Executive Director of Legacy LA, briefly explained the program and thanked the
City for the commitment and contribution.
Sandra Rivera Orozco, Southeast Political Activist, thanked the City Council for supporting this
item.
It was moved by Ybarra and seconded by Lopez to approve the request and disbursement of funds
for Legacy LA’s Phase I Construction Projects. Motion carried, 5-0.
City Clerk Department
22. Biennial Review of City of Vernon's Master Conflict of Interest Code
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, 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; and
B. Direct staff to conduct the biennial review of the City of Vernon’s Master Conflict
of Interest Code, and by October 1, 2016, to do one of the following:
1. Submit proposed revisions to the City Council, or
2. Recommend to City Council that no revisions be made.
City Clerk Maria Ayala reported on the proposed.
It was moved by Ybarra and seconded by Martinez to direct staff to conduct biennial review.
Motion carried, 5-0.
23. Resolution No. 2016-34 - A Resolution of the City Council of the City of Vernon
Abolishing the Vernon Housing Authority
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, 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; and
B. Adopt resolution abolishing the Vernon Housing Authority.
City Clerk Maria Ayala reported on the proposed.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-34.
Motion carried, 5-0.
Regular City Council Meeting Minutes
June 21, 2016
Page 8 of 10
Fire Department
24. Approval of First Amendment to Agreement Number C-125491 of City of Los
Angeles Contract between the City of Los Angeles and the City of Vernon in
Connection with the Fiscal Year 2014 Urban Areas Security Initiative Grant
Program
Recommendation:
A. Find that approval of the amendment proposed 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. Approve the First Amendment to Agreement Number C-125491 of City of Los
Angeles Contract between the City of Los Angeles and the City of Vernon in
connection with the Fiscal Year 2014 Urban Areas Security Initiative (“2014
UASI”) grant program, in substantially the same form as submitted herewith, and
authorize the Mayor to execute documents necessary to obtain additional grant
funds. Due to reallocation of 2014 UASI funds, the City of Los Angeles has
approved and increased the City of Vernon’s grant funds by the amount of
$1,000,000.00.
Battalion Chief Todd Painton reported on the proposed.
It was moved by Martinez and seconded by Ybarra to approve the First Amendment to Agreement
Number C-125491. Motion carried, 5-0.
Public Works, Water and Development Services Department
25. Resolution No. 2016-35 - A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of a Standard Agreement By and
Between the City of Vernon and the State of California High Speed Rail Authority
for the High Speed Rail Project
Recommendation:
A. Find that the approval of the proposed Standard Agreement in this staff report is
exempt from the California Environmental Quality Act (CEQA) review, in
accordance with CEQA Guidelines Section 15262, because the project only involves
feasibility or planning studies for possible future actions which the City has not
approved, adopted, or funded; and
B. Adopt the resolution approving and authorizing the execution of a Standard
Agreement with the State of California High-Speed Rail Authority (Authority) and
the City of Vernon for the High Speed Rail Project. City staff will perform a
technical engineering review of the proposed alignment, identify potential conflicts
with the City’s transportation infrastructure, and to coordinate communications with
the Authority for a not to exceed amount of $425,118.49 commencing July 1, 2016
through July 1, 2019 or upon execution of the Standard Agreement, whichever is
later.
Director of Public Works, Water and Development Services Derek Wieske reported on the
proposed.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-35.
Motion carried, 5-0.
26. Authorization to Solicit Bids to Lease of 1,500 Acre-feet of Adjudicated Water
Rights to Outside Water Purveyors
Regular City Council Meeting Minutes
June 21, 2016
Page 9 of 10
Recommendation:
A. Find that the Lease of 1,500 Acre-feet of Adjudicated Water Rights 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; and
B. Authorize staff to solicit bids for the Lease of up to 1,500 Acre-feet of Adjudicated
Water Rights to water purveyors within the Central Water Basin; and grant
authorization to the City Administrator to execute any and all documents pursuant
to the leasing of water rights.
Director of Public Works, Water and Development Services Derek Wieske reported on the
proposed.
Mayor Davis asked about the term of the lease. Director Wieske replied that it is a one year lease.
It was moved by Martinez and seconded by Woodruff-Perez to authorize the solicitation of bids.
Motion carried, 5-0.
ORAL REPORTS
27. 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: June 16 street sexual assault on the 4600
block of 52nd Street; June 20th burglary on the 2600 block of 26th street; and the felony hit and run
last month.
Battalion Chief Todd Painton gave a brief update on the Maywood Fire.
Director of Public Works, Water and Development Services Derek Wieske reported on the last
meeting of the Vernon Housing Commission and the upcoming joint meeting between the Gateway
Cities and Eco Rapid Transit.
Interim Director of Gas and Electric Peter Hervish reported that the website was updated with
Alyso Canyon and Flex Alert information, and he also commended his staff and the Fire
Department for their response to the Maywood Fire.
City Clerk Maria Ayala informed the Council that the July 5th Regular Council Meeting would be
moved to July 12th; gave a brief overview of the Agenda QR code creation; and informed the
Council of the July 31st deadline for filing of the Form 470.
City Administrator Carlos Fandino commended the City’s response to the Maywood Fire.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided.
Mayor Davis recessed the meeting at 10:38 a.m. and reconvened at 10:47 a.m.
CLOSED SESSION
At 10:47 a.m., the City Council entered into closed session to discuss the following agendized
items:
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Regular City Council Meeting Minutes
June 21, 2016
Page 10 of 10
Employee Organizations:
Teamsters Local 911,
IBEW Local 47,
Vernon Firemen's Association,
Vernon Fire Management Association,
Vernon Police Management Association
30. 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 11:34 a.m. the City Council exited closed session. City Attorney Hema Patel announced that
two items were discussed and there was no reportable action from closed session.
With no further business, at 11:34 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk