2016-09-06 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, SEPTEMBER 6, 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 9:01 a.m. by Davis; Ybarra 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 Orozco, Southeast Political Activist, commended the City and the Fire Department for
good governance and great response. Recommended the City comply with ADA regulations and
make adjustments to City Hall.
PRESENTATION
1. Independent Special Counsel Report - July 31, 2016
Presented by: John Van de Kamp, Independent Special Counsel
John Van de Kamp, Independent Special Counsel, provided a summarized oral report of the July
31st report, highlighting various areas, and explaining his recommendations.
Mr. Van de Kamp requested feedback from City Council, asking for City Council’s individual
views on goals and priorities for the City. Each Councilmember responded accordingly.
Ms. Orozco spoke about the differences between this City Council and other City Councils,
expressing that there is room for improvement in every City. Encouraged City Council to listen
to Mr. Van de Kamp’s advice.
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.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes
Lopez: Yes
Claims Against the City – Received and Filed
2. None
Warrant Registers
3. Ratification of the following City Warrant Register to record the following voided:
A. City Warrant Register No. 1452 to record voided Check No. 351684 in the amount
of $16,523.10; and
Regular City Council Meeting Minutes
September 6, 2016
Page 2 of 5
B. City Warrant Register No. 1454 to record voided Check No. 351969 in the amount
of $2,000.00.
4. Approval of City Warrant Register No. 1455, totaling $1,635,570.95, which covers
the period of August 9 through August 29, 2016, and consists of the following:
A. Ratification of wire transfers totaling $713,418.18; and
B. Ratification of the issuance of early checks totaling $456,771.89; and
C. Authorization to issue pending checks totaling $465,380.88.
5. Approval of Light & Power Warrant Register No. 420, totaling $8,845,470.15, which
covers the period of August 9 through August 29, 2016, and consists of the following:
A. Ratification of wire transfers totaling $8,558,134.20; and
B. Ratification of the issuance of early checks totaling $169,618.64; and
C. Authorization to issue pending checks totaling $117,717.31.
6. Approval of Gas Warrant Register No. 208, totaling $1,724,614.11, which covers the
period of August 9 through August 29, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,680,175.91; and
B. Ratification of the issuance of early checks totaling $16,637.20; and
C. Authorization to issue pending checks totaling $27,801.00.
City Administration Department
7. Report on FY 2016/2017 Docket I Grants Awarded by Vernon CommUNITY Fund
Grant Committee
Recommendation:
A. Receive and file this report as it is being provided for informational purposes only
pursuant to Section 2.167(e) of the Vernon Municipal Code.
8. Approval of a new Enterprise License Agreement (ELA) with Microsoft
Recommendation:
A. Find that the approval of the proposed agreement with Microsoft is exempt from
California Environmental Quality Act (CEQA) review, because it is an
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. Approve a new Enterprise License Agreement (ELA) with Microsoft in an amount
not to exceed $173,612.10 for a period of three years from October 1, 2016 through
September 30, 2019.
9. Approval of Support and Maintenance Agreement with Advanced Utility Systems
Recommendation:
A. Find that the approval of a Support and Maintenance Agreement with Advanced
Utility Systems is exempt from California Environmental Quality Act (CEQA)
review because it is an administrative activity that will not result in direct or indirect
Regular City Council Meeting Minutes
September 6, 2016
Page 3 of 5
physical changes in the environment, and therefore does not constitute a “project”
as defined by CEQA Guidelines section 15378; and
B. Approve a new Support and Maintenance Agreement with Advanced Utility
Systems in an amount of $36,412.92 per year, for a period of 3 years from July 1,
2016 through June 30, 2019. (The Support and Maintenance Agreement with
Advanced Utility Systems is exempt from competitive bidding and competitive
selection under the sole source exemption outlined in Section 2.17.12(A)(2) of the
Vernon Municipal Code.)
Fire Department
10. Activity Report for the period of August 1 through August 15, 2016
Health and Environmental Control Department
11. July 2016 Health & Environmental Control Department Monthly Report
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of
August 1 through August 15, 2016, to be received and filed
NEW BUSINESS
City Administration Department
13. Resolution No. 2016-50 - A Resolution of the City Council of the City of Vernon
Appointing Keith Allen to Serve as the Director of Health & Environmental Control
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; and
B. Adopt the attached resolution appointing Keith Allen to serve as the Director of
Health & Environmental Control of the City of Vernon effective September 19,
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 Lopez to adopt the resolution appointing Keith Allen to
serve as the Director of Health & Environmental Control of the City of Vernon. Motion carried,
5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes
Lopez: Yes
Health and Environmental Control Department
14. Green Vernon Commission – Ratification of Selection of Commissioners to
Commission
Regular City Council Meeting Minutes
September 6, 2016
Page 4 of 5
Recommendation:
A. Find that approval of the proposed ratification of the selection of commissioners to
the Green Vernon Commission 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 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. Approve the ratification of the appointment of the following individuals to the
Green Vernon Commission to serve four-year terms each, commencing July 1,
2016 - June 30, 2020:
Name Position
James A. Andreoli, Jr Business Representative
Jose Lizarraga Business Representative
Hector J. Garcia Environmental Representative
Armando S. Espinoza Labor Representative
Interim Director of Health and Environmental Control Lewis Pozzebon reported on the proposed.
It was moved by Ybarra and seconded by Woodruff-Perez to approve the appointment to the Green
Vernon Commission. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes
Lopez: Yes
ORAL REPORTS
15. 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: Aug. 19th DUI checkpoint; Aug 21st shots
fired near Boyle and Randolph Street; and a Aug. 29th demonstration at Farmer John with further
demonstrations planned.
Police Captain Michael Gillman reported an Aug. 19th vandalism on the 4200 block of District
Avenue. Mayor Davis noted graffiti on the east side of Boyle Avenue.
Battalion Chief Andrew Guth reported on the following: a crew was dispatched to the Paso Robles
“chimney” fire; patient care provided at 2959 50th Street; and the two newly acquired City fire
engines.
Director of Public Works, Water and Development Derek Wieske announced the upcoming
Gateway Cities meeting and the Vernon Housing Commission meeting.
Director of Gas and Electric Kelly Nguyen reported on the following: outages through the City;
possible telephone scam; possible customer outreach effort in October; and a letter from customer
giving kudos.
Director of Finance Bill Fox reported on the Moody’s bond agency rating and external auditors.
Interim Director of Health and Environmental Control Lewis Pozzebon reported on the new
Director coming on board and issues with loose dogs in the City.
Regular City Council Meeting Minutes
September 6, 2016
Page 5 of 5
Interim Director of Human Resources Lisette Grizzelle announced the Employee Health and
Wellness Fair scheduled for September 15.
City Clerk Maria Ayala reported on the LA County Civil Grand Jury adjustments; forthcoming
enhancements to public meeting procedures; voter registration outreach; and announced the
upcoming annual AB1234 training session that will also include information on the Public Records
Act and Brown Act.
City Administrator Carlos Fandino provided a brief report on the following: informational meeting
for capital grants; LA Legacy ground breaking ceremony; Sabor de Mexico event; Human
Resources recruitment; and the Fire Chief’s upcoming retirement.
16. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or
directives to staff.
No reports provided.
Mayor Davis recessed the meeting at 10:11 a.m. and reconvened at 10:21 a.m.
CLOSED SESSION
At 10:21 a.m., the City Council entered into closed session to discuss the following agendized
items:
17. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (3)
Government Code Section 54956.9(a)
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
B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al.
Los Angeles Superior Court
Case No. BC620265
C. Name of Case: Francisco A. Alvarado v. LMX Logistics, Ltd., et al.
Los Angeles County Superior Court
Case No. BC619196
At 10:39 a.m. the City Council exited closed session. City Attorney Hema Patel announced that
three items were discussed and there was no reportable action from closed session.
With no further business, at 10:39 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk