2016-09-20 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, SEPTEMBER 20, 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Ybarra, and Lopez
MEMBERS ABSENT: Woodruff-Perez and Martinez
The meeting was called to order at 9:01 a.m. by Mayor Davis; Police Chief Daniel Calleros 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, commented on the City’s response to ADA
compliance concerns she had raised at a previous City Council meeting; and, the excellent service
she received when working with staff from the Public Works Department.
PRESENTATION
1. Oath & Appointment of Keith Allen as Director of Health and Environmental
Control, City of Vernon
City Administrator Carlos Fandino gave a brief introduction of Keith Allen
City Clerk Ayala administered the oath of allegiance to Keith Allen.
Director of Health and Environmental Control Keith Allen expressed thanks to the City
Administrator and City Council for the new opportunity and looks forward to working in Vernon.
2. California Highway Patrol, “CHP “10851” Grand Theft Auto Recovery Award”
presented to Police Officer Carlos Ourique
Presented by: CHP Representative(s) and Vernon Police Department, Chief Daniel
Calleros
Police Chief Calleros gave a brief introduction about the award and Police Officer Carlos Ourique.
CHP Captain Paul Medeiros presented the award to Police Officer Ourique.
3. Service Pin Awards for August 2016
NAME DEPARTMENT TITLE YEARS
Scott R. Metz Fire Fire Engineer 15
Troy M. Durbin Fire Fire Engineer 15
James E. Espalin Fire Firefighter 15
Jason D. Rosa Fire Fire Engineer 15
Interim Human Resources Director Lissette Grizzelle announced the service pins, no awardees
were in attendance.
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September 20, 2016
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4. Proclamation Declaring September 23rd as Vin Scully Day
City Administrator Fandino read the proclamation
Mayor Davis recessed the meeting at 9:17 a.m.
The meeting reconvened at 9:28 a.m.
CONSENT CALENDAR
It was moved by Ybarra and seconded by Lopez to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 3-0.
Davis: Yes
Woodruff-Perez: Absent
Martinez: Absent
Ybarra: Yes
Lopez: Yes
Claims Against the City – Received and Filed
5. Claim for Damages from Arturo and Catalina Cerda-Roman received on September
12, 2016 in the amount of $10,000,000
Minutes – To be Received and Filed
6. Minutes of the Regular City Council Meeting held August 16, 2016
Warrant Registers
7. Ratification of the following City Warrant Registers to record the following voided
checks:
A. City Warrant Register No. 1454 to record voided Check No. 351968 in the amount
of $5.00; and
B. City Warrant Register No. 1455 to record voided Check No. 352188 in the amount
of $1,169.00.
8. Approval of City Payroll Warrant Register No. 723, totaling $3,475,465.12, which
covers the period of August 1 through August 31, 2016 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,419,796.80; and
B. Checks and electronic fund transfers (EFT) totaling $1,055,668.32.
9. Approval of City Warrant Register No. 1456, totaling $1,638,890.86, which covers
the period of August 30 through September 12, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,041,213.64; and
B. Ratification of the issuance of early checks totaling $418,095.05; and
C. Authorization to issue pending checks totaling $179,582.17; and
D. Voided check No. 352239 totaling $39,017.07.
/ / / /
/ / / /
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September 20, 2016
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10. Approval of Light & Power Warrant Register No. 421, totaling $1,299,039.55, which
covers the period of August 30 through September 12, 2016, and consists of the
following:
A. Ratification of wire transfers totaling $1,087,495.36; and
B. Ratification of the issuance of early checks totaling $194,376.43; and
C. Authorization to issue pending checks totaling $17,167.76.
11. Approval of Gas Warrant Register No. 209, totaling $28,594.69, which covers the
period of August 30 through September 12, 2016, and consists of the following:
A. Ratification of wire transfers totaling $26,250.00; and
B. Ratification of the issuance of early checks totaling $2,344.69.
Finance Department
12. Approval of a Services Agreement with Epic Land Solutions, Inc. for Infrastructure
Valuation in accordance with GASB 34 and 51
Recommendation:
A. Find that entering into a contract with an appraiser to provide infrastructure
valuation services in accordance with GASB 34 and 51 is exempt under the
California Environmental Quality Act (CEQA), 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. Even if such were a project, it would be exempt from
CEQA review in accordance with Section 15061(b)(3), the general rule is that
CEQA only applies to activities that may have a significant effect on the
environment; and
B. Approve and authorize the City Administrator to enter into a one year professional
services agreement with Epic Land Solutions, Inc. (“Epic”), for an amount not to
exceed $175,000.00, to perform infrastructure valuation in accordance with GASB
34 and 51.
Fire Department
13. Approval of the Second 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 Second 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 a reallocation of 2014 UASI funds, the City of Los Angeles has
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September 20, 2016
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approved and increased the City of Vernon’s grant funds by an additional
$235,684.00.
14. Approval of First Amendment to Agreement Number C-127390 of City of Los
Angeles Contract between the City of Los Angeles and the City of Vernon in
Connection with the Fiscal Year 2015 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-127390 of City of Los
Angeles Contract between the City of Los Angeles and the City of Vernon in
connection with the Fiscal Year 2015 Urban Areas Security Initiative (“2015
UASI”) grant program and authorize the Mayor to execute all necessary documents.
Due to a reallocation of 2015 UASI funds, the City of Los Angeles approved and
decreased the City of Vernon’s grant funds by $70,000.00.
Gas and Electric Department
15. Base Contract with Freepoint Commodities LLC for Sale and Purchase of Natural
Gas (the “NAESB Contract”)
Recommendation:
A. Find that (a) the agreement between the City of Vernon and Freepoint Commodities
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 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 Freepoint Commodities LLC (“Freepoint”) for the
purpose of buying and selling natural gas to or from Freepoint, in compliance with
the general terms established in the agreement. Pursuant to Vernon Municipal
Code § 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.
Human Resources Department
16. Adoption of City of Vernon Revised Personnel Policies and Procedures, Salary Plan
Administration II-3
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative maintenance activity
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September 20, 2016
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that will not result in direct physical changes in the environment, and therefore does
not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Adopt the revised Personnel Policy and Procedure, Salary Plan Administration
Policy II-3 and incorporate it into the Personnel Policies and Procedures Manual;
and
C. Authorize the City Administrator and the Director of Human Resources to execute
and distribute the above-referenced policy to all employees.
17. Adoption of City of Vernon Revised Personnel Policies and Procedures,
Performance Evaluation IV-1
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative maintenance activity
that will not result in direct physical changes in the environment, and therefore does
not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Adopt the revised Personnel Policy and Procedure, Performance Evaluation Policy
IV-1 and incorporate it into the Personnel Policies and Procedures Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute
and distribute the above-referenced policy to all employees.
Police Department
18. Activity Log and Statistical Summary of Arrests and Activities for the period of
August 16, through August 31, 2016, to be received and filed
19. Office of Traffic Safety Grant Agreement
Recommendation:
A. Find that granting authority to execute and submit the above-referenced agreement
and related documents 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. Authorize the City Administrator to execute an agreement between the City of
Vernon and the Office of Traffic Safety, for participation in the Selective Traffic
Enforcement Program (STEP) for the period of October 1, 2016 to September 30,
2017.
Public Works, Water and Development Services Department
20. Building Department Report for the Month of August 2016
21. Acceptance of Electrical Easement at 4700 Alcoa Avenue (APN 6303-019-011)
Recommendation:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is
not a “project” as that term is defined under the California Environmental Quality
Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be
categorically exempt in accordance with CEQA Guidelines Sections 15301
(maintenance, repair or minor alteration of an existing facility and involves
negligible or no expansion of an existing use) and 15061(b)(3) (general rule that
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September 20, 2016
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CEQA only applies to projects that may have a significant effect on the
environment); and
B. Accept the Electrical Easement and authorize the Mayor to execute the Certificate
of Acceptance.
22. Acceptance of Work of Hoffman Management and Construction Corporation
regarding Contract No. CS-0638 – Fire Department Regional Training Center,
Phase 1
Recommendation:
A. Affirm that accepting the work of Hoffman Management and Construction
Corporation for the Fire Department Regional Training Center, Phase 1, Contract
No. CS-0638 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
B. Accept the work of Hoffman Management and Construction Corporation as part of
the Fire Department Regional Training Center, Phase 1, Contract No. CS-0638, and
authorize staff to submit for recordation a Notice of Completion for the project.
23. Purchase of Four Ford F Series Utility Vehicles (Three 2016 Ford F-250 Models and
One 2015 Ford F-150 Model)
Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act
(“CEQA”) review, because purchasing supplies 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 even if such an action were a “project,” it would be exempt from CEQA
review in accordance with CEQA Guidelines § 15061(b)(3), the general rule that
CEQA only applies to projects that may have a significant effect on the
environment; and
B. Approve the purchase of four Ford F Series utility vehicles (three 2016 Ford F-250
models and one 2015 Ford F-150 model) for a cost of $148,467.30.
24. Contract Award for City Contract No. CS-0671: Fire Department Regional
Training Center, Phase 2
Recommendation:
A. Find that approval of the contract award for the Fire Department Regional Training
Center Phase 2 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
B. Accept the bid proposal from FS Contractors, Inc. as the lowest responsive and
responsible bidder and reject all other bids; and
C. Approve and authorize the Mayor to execute a contract in the amount of
$290,797.50 for the Fire Department Regional Training Center, Phase 2 (City
Contract No. CS-0671); and
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September 20, 2016
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D. Authorize a contingency of $39,000 in the event of an unexpected changed
condition in the project and grant authority to the City Administrator to issue
change orders for an amount up to the contingency amount.
25. Services Agreement with Jason Addison Smith (JAS Pacific) and Interwest
Consulting Group for On-Call Building Plan Check and Inspection Services
Recommendation:
A. Find that awarding of contracts for on-call plan check and inspection services to
Jason Addison Smith (JAS Pacific) and Interwest Consulting Group are 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. Enter into a three-year agreement with Jason Addison Smith (JAS Pacific) for an
annual not-to-exceed amount of $65,000 per year, or grand total not-to-exceed
amount of $195,000 for on-call plan check and inspection services; and
C. Enter into a three-year contract with Interwest Consulting Group for an annual not-
to-exceed amount of $65,000 per year, or grand total not-to-exceed amount of
$195,000 for on-call plan check and inspection services.
NEW BUSINESS
City Administration Department
26. Approval of Special Event Agreement with the Huntington Park Area Chamber of
Commerce for the 24th Annual “Sabor de Mexico Lindo Downtown Festival”
Recommendation:
A. Find that the approval of the proposed Special Event Agreement with the
Huntington Park Area Chamber of Commerce 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. Approve a Special Event Agreement with the Huntington Park Area Chamber of
Commerce to co-host the “Sabor de Mexico Lindo Downtown Festival” scheduled
for October 1 – October 2, 2016; and
C. Authorize the City Administrator to sign the aforementioned Special Event
Agreement with the Huntington Park Area Chamber of Commerce.
City Administrator Fandino reported on the proposed.
Finance Director William Fox briefly spoke about the contract and logistic effort being a team
effort.
Ybarra had questions regarding event security, traffic, and lighting. Police Chief Calleros
responded to the questions posed, providing information on each.
Mayor Davis inquired as to the parking plan. Police Chief Calleros explained that ongoing staff
meetings were being conducted to discuss strategies to alleviate the parking needs.
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September 20, 2016
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Lopez inquired about the effect on the businesses. Police Chief Calleros responded and provided
information on the limited impact on businesses, and explained that plans would be in place to
ease the congestion.
City Administrator Fandino stated Gas & Electric and Public Works employees would be used to
assist with traffic congestion.
It was moved by Ybarra and seconded by Lopez to approve the Special Event Agreement co-host
the “Sabor de Mexico Lindo Downtown Festival” and authorize the City Administrator to sign the
aforementioned Special Event Agreement. Motion carried, 3-0.
Davis: Yes
Woodruff-Perez: Absent
Martinez: Absent
Ybarra: Yes
Lopez: Yes
City Clerk Department
27. Resolution No. 2016-51 - A Resolution of the City Council of the City of Vernon
Adopting a Master Conflict of Interest Code for the City of Vernon and All
Agencies, Boards, and Commissions Affiliated with the City that Incorporates by
Reference the Standard Model Conflict of Interest Code of the Fair Political
Practices Commission and Repealing All Resolutions in Conflict Therewith
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. Approve resolution adopting the changes to the Master Conflict of Interest Code
for the City of Vernon and all affiliated agencies, boards and commissions, which
incorporates all recommendations from the various affiliated City of Vernon
governing bodies and City staff review effective immediately; and
C. Repeals all other existing Conflict of Interest Codes for the City of Vernon and all
other City of Vernon affiliated governing bodies.
City Clerk Ayala reported on the proposed.
It was moved by Lopez and seconded by Ybarra to approve the Resolution No. 2016-51. Motion
carried, 3-0.
Davis: Yes
Woodruff-Perez: Absent
Martinez: Absent
Ybarra: Yes
Lopez: Yes
ORAL REPORTS
28. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
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September 20, 2016
Page 9 of 10
Police Chief Daniel Calleros reported on the following: Aug. 19th road rage incident on Downey
Boulevard and Bandini Avenue; and Homeless issues within the City.
Mayor Davis stated he observed trailers near him and police responded to remove them.
Director of Public Works, Water and Development Services Derek Wieske provided a brief update
on: the Open Streets Event Grant; Housing Commission recommendation; and the Gateway Cities
opposition to Measure R.
John Van de Kamp, Independent Counsel, spoke about the permit revenue generated and the
infrastructure modernization taking place within the City.
Ybarra, inquired about an outreach effort to businesses to modernize their property. Director
Wieske stated that could be done and be brought back to Council.
City Clerk Maria Ayala briefly reported on the yesterday’s AB1234 training and ongoing efforts
to keep the City compliant with FPPC regulations.
City Administrator Carlos Fandino provided a brief report on the following: USAR and Hazmat;
Vernon Chamber of Commerce Golf Tournament; and again welcomed the new Health Director.
Mayor Davis stated that the AB1234 training was informative and enjoyable.
Mr. Van de Kamp encouraged the Council and Staff to use their microphones.
29. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or
directives to staff.
No reports provided.
Mayor Davis recessed the meeting at 9:43 a.m. and reconvened at 9:53 a.m.
CLOSED SESSION
At 9:53 a.m., the City Council entered into closed session to discuss the following agendized items:
30. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2)
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
31. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Director of Human Resources
32. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(b)(1)
Number of potential cases: 1
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September 20, 2016
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At 10:40 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 10:40 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk