2016-10-18 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, OCTOBER 18, 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 9:00 a.m. by Mayor Davis; Battalion Chief Andrew Guth led
the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced a change in language on item number 2(c) as noted in Minutes.
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, spoke briefly about the Multiple Sclerosis Association of America (MSAA). PUBLIC HEARING
1. Resolution No. 2016-55 - A Resolution of the City Council of the City of Vernon Adopting a New Transmission Revenue Requirement for 2017 in Accordance with Vernon’s Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment
Recommendation:
A. Find that the approvals requested in this staff report do not constitute “projects” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental
Quality Act (“CEQA”), because such actions constitute administrative activities;
and even if the adoption of the proposed items did constitute projects, they would
be exempt in accordance with CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and
B. Conduct a Public Hearing; and
C. Adopt the attached Resolution to thereby:
i. Approve, pursuant to the Transmission Owner Tariff, and to be effective on
January 1, 2017, the establishment of the City’s new TRR Transmission
Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing the new TRR, as described in the Gas & Electric TRR Report
dated on or about October 18, 2016; and
ii. Authorize outside counsel to submit the City’s TRR, the amended Appendix I to the Vernon TO Tariff, and supporting documentation such as the TRR Report, to the Federal Energy Regulatory Commission (FERC) on behalf of
the City of Vernon.
Director of Gas and Electric Kelly Nguyen reported on the proposed.
Mayor Davis opened the public hearing at 9:07 a.m.
No public comment was provided.
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October 18, 2016
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Mayor Davis closed the public hearing at 9:07 a.m.
It was moved by Woodruff-Perez and seconded by Lopez to approve Resolution No. 2016-55.
Motion carried, 4-0.
Davis: Yes Woodruff-Perez: Yes
Martinez: Absent
Ybarra: Yes
Lopez: Yes 2. Resolution No. 2016-56 - A Resolution of the City Council of the City of Vernon Establishing a Transmission Revenue Balancing Account Adjustment for 2017 in
Accordance with Vernon’s Transmission Owner Tariff and Providing for Tariff
Sheet Changes to Implement the Adjustment Recommendation:
A. Find that the approval of the TRBAA referenced in this document does not
constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such action constitutes an administrative activity; and even if the adoption of the proposed item did
constitute a project, it would be exempt under the in accordance with CEQA
Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and B. Conduct a Public Hearing; and
C. Adopt the Resolution establishing a New Transmission Revenue Balancing
Account Adjustment (TRBAA) for 2017 which: i. Adopts the newly calculated TRBAA of a positive negative $47,616; and
ii. Adopts the replacement of the existing TRBAA of positive 411 with the
new TRBAA for 2017 of a positive negative $47,616; and iii. Adopts the attached revised Appendix I of Vernon’s TO Tariff reflecting
the TRBAA of positive negative $47,616; and
iv. Authorizes outside counsel to submit Vernon’s TRBAA and supporting documentation to FERC on behalf of the City of Vernon Director Nguyen reported on the proposed.
Mayor Davis opened the public hearing at 9:10 a.m. No public comment was provided.
Mayor Davis closed the public hearing at 9:10 a.m.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-56.
Motion carried, 4-0.
Davis: Yes Woodruff-Perez: Yes Martinez: Absent
Ybarra: Yes
Lopez: Yes
NEW BUSINESS
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October 18, 2016
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City Administration Department
3. Resolution No. 2016-57 - A Resolution of the City Council of the City of Vernon
Appointing Michael Earl to Serve as the Director of Human Resources 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 Michael Earl to serve as the Director of Human Resources of the City of Vernon effective October 24, 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 Woodruff-Perez to approve Resolution No. 2016-57.
Motion carried, 4-0.
Davis: Yes Woodruff-Perez: Yes Martinez: Absent
Ybarra: Yes
Lopez: Yes
4. Oath & Appointment of Michael Earl as Director of Human Resources, City of Vernon
City Clerk Ayala administered the oath of allegiance to newly appointed Human Resources
Director Michael Earl. Mr. Earl briefly spoke and thanked the Council for the new opportunity.
Mayor Davis recessed the meeting at 9:19 a.m.
Mayor Davis reconvened the meeting at 9:31 a.m. PRESENTATION
5. A Proclamation of the Mayor and the City Council of the City of Vernon commending Michael A. Wilson for his many years of dedicated service to the City of Vernon
City Clerk Ayala read the proclamation. Battalion Chief Andrew Guth spoke on behalf of Retired Fire Chief Michael Wilson, who thanked
the City for allowing him to serve for over 29 years.
6. Service Pin Awards for September 2016
NAME DEPARTMENT TITLE YEARS
Felix Saldana Public Works Engineering Aide 30
Janette Ramos Police Police Dispatcher 5
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October 18, 2016
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Interim Director of Human Service Lizette Grizzele awarded the service pins to Felix Saldana, who was in attendance, and also recognized Janette Ramos who was not in attendance.
7. Status of I-710 South Corridor Improvements - Early Action Soundwall Program
Presented by: METRO Representative Director of Public Works, Water and Development Services Department Derek Wieske provided
a brief overview of the project.
Susan Chau, CH2M/METRO Project Manager, provided a PowerPoint Presentation. CONSENT CALENDAR
John Van de Kamp, Independent Counsel, inquired about the Health Department monthly report,
specifically about the testing results with respect to Vernon residents. Director of Health and Environmental Control Keith Allen responded that test results were available to the public. Fred
McFarlane, Senior Advisor to the City Administrator, added that the results were also available
online.
It was moved by Ybarra and seconded by Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Absent Ybarra: Yes
Lopez: Yes
Claims Against the City – Received and Filed
8. None Warrant Registers
9. Ratification of the following Light & Power Warrant Registers to record the following voided checks: A. Light & Power Warrant Register No. 421 to record voided Check No. 512253 in
the amount of $607.00.
10. Approval of City Payroll Warrant Register No. 724, totaling $4,778,471.35, which covers the period of September 1 through September 30, 2016 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $3,309,192.85; and
B. Checks and electronic fund transfers (EFT) totaling $1,020,594.69.
11. Approval of City Warrant Register No. 1458, totaling $1,737,461.55, which covers
the period of September 27 through October 10, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,309,036.84; and
B. Ratification of the issuance of early checks totaling $221,546.82; and C. Authorization to issue pending checks totaling $206,887.89.
12. Approval of Light & Power Warrant Register No. 423, totaling $1,772,198.47, which
covers the period of September 27 through October 10, 2016, and consists of the
following:
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October 18, 2016
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A. Ratification of wire transfers totaling $1,655,208.05; and
B. Ratification of the issuance of early checks totaling $52,889.98; and
C. Authorization to issue pending checks totaling $64,100.44. 13. Approval of Gas Warrant Register No. 211, totaling $168,987.48, which covers the period of September 27 through October 10, 2016, and consists of the following:
A. Ratification of wire transfers totaling $159,661.27; and B. Ratification of the issuance of early checks totaling $1,415.67; and
C. Authorization to issue pending checks totaling $7,910.54.
City Administration Department 14. Council Conference Attendance Report
Recommendation: A. Receive and file this Council Conference Attendance Report to the League of
California Cities Annual Conference and Expo.
Gas and Electric Department 15. Grazing Agreement by and between the City of Vernon and Hafenfeld Ranch, LLC
Recommendation:
A. Find that approval of the Grazing Agreement (as defined below) is exempt under the California Environmental Quality Act (“CEQA”), because such is an
administrative activity of government that will not result in direct or indirect
physical changes in the environment and, as such, is not a “project” as defined by
CEQA Guidelines Section 15378, and even if such were considered a “project,” it would still be exempt 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. Approve and authorize the City Administrator to execute the Grazing Agreement by and between the City of Vernon and the Hafenfelds.
Health and Environmental Control Department
16. September 2016 Health & Environmental Control Department Monthly Report Police Department
17. Activity Log and Statistical Summary of Arrests and Activities for the period of
September 16, through September 30, 2016, to be received and filed Public Works, Water and Development Services Department
18. Orangeline Development Authority Fifth Amended Joint Exercise of Powers
Agreement Recommendation:
A. Find that approval of the Orangeline Development Authority Fifth Amended Joint Exercise of Powers Agreement (JEPA) (hereinafter referred to as the “Fifth
Amended JEPA”) (copy attached) is exempt from California Environmental
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October 18, 2016
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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. Approval to enter into the Fifth Amended JEPA between the Orangeline Development Authority and the Members listed on Exhibit A of the Fifth Amended JEPA for the Eco-Rapid Transit Project; and
C. Authorize the City Administrator to execute the Fifth Amended JEPA.
NEW BUSINESS (CONT’D) City Administration Department
19. Resolution No. 2016-58 - A Resolution of the City Council of the City of Vernon Appointing Andrew Guth to Serve as the Interim Fire Chief of the City of Vernon 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 Andrew Guth to serve as the Interim Fire Chief effective October 12, 2016.
City Administrator Carlos Fandino reported on the proposed.
Council inquired about job preparedness, ongoing projects, and upcoming projects. Battalion Chief Guth responded to all comments and questions.
It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-58. Motion
carried, 4-0. Davis: Yes
Woodruff-Perez: Yes
Martinez: Absent
Ybarra: Yes Lopez: Yes
City Clerk Department
20. Resolution No. 2016-59 - A Resolution of the City Council of the City of Vernon Excusing Luz Martinez from Attendance at Meetings of the City Council and Boards and Commissions from September through October 2016
Recommendation: A. Find that excusing the absences of Councilmember Luz Martinez is exempt from
California Environmental Quality Act (“CEQA”) review, because it is an
organizational or administrative activity of government 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. Moreover, even if the activity in question 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 an effect on the environment; and
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B. Adopt a Resolution of the City Council of the City of Vernon excusing Luz Martinez from attendance at meetings of the City Council and Boards and
Commissions from September through October 2016.
City Clerk Ayala reported on the proposed. Mayor Pro-Tem Woodruff-Perez inquired about Councilmember Martinez’s return. City Clerk
Ayala responded that Councilmember Martinez informed the City she would return for the first
meeting in November.
It was moved by Woodruff-Perez and seconded by Lopez to approve Resolution 2016-59. Motion carried, 4-0.
Davis: Yes
Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes
Lopez: Yes
Gas and Electric Department
21. Resolution No. 2016-60 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Vernon Gas & Electric Department Resource
Adequacy Plan for 2017, which Includes the Peak Demand Forecast, the Planning
Reserve Margin, the Qualifying Capacity Criteria and the Qualifying Capacity from such Resources, City’s Resource Adequacy and Supply Data and approves the Resources Used to Satisfy the California Independent System Operator’s Tariff Requirements
Recommendation:
A. Find that the approval of the City of Vernon Gas & Electric Department Resource
Adequacy Plan for 2017 referenced in this document is exempt under the California
Environmental Quality Act (“CEQA”), because it is an administrative activity and
therefore does not constitute a “project” under CEQA Guidelines section 15378(b)(2); and even if the adoption of the proposed item did constitute a project,
it would be exempt 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. Adopt the Resolution establishing the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2017 that adopts:
1. The approval of the coincident peak Demand Forecast for 2017;
2. The approval to retain the same 15% Reserve Margin for planning purposes;
3. The approval of the Qualifying Capacity Criteria that will be used for
determining qualifying resource types and the Qualifying Capacity from such
resources;
4. The approval of the City’s annual and monthly Resource Adequacy and Supply
data;
5. The approval of the Resource Adequacy resources that will be counted on to
satisfy the City’s Local Capacity Requirement and Flexible Resource Adequacy
Capacity Requirement for 2017.
C. Authorize staff to submit the City of Vernon Gas & Electric Department‘s Resource Adequacy Plan for 2017 and the Monthly Resource Adequacy and Supply data to
the California Independent System Operator.
Director Nguyen reported on the proposed.
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Mayor Davis inquired about the megawatt load in the City of Vernon. Staff responded that the City had a 121 megawatt load and since 2009/2010 usage has slowly declined.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-60.
Motion carried, 4-0. Davis: Yes
Woodruff-Perez: Yes
Martinez: Absent
Ybarra: Yes Lopez: Yes
ORAL REPORTS
22. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads.
Police Captain Michael Gillman reported on an employee theft at a local business and stolen credit
card crime.
Interim Fire Chief Andrew Guth briefly thanked the Council and staff and reminded everyone of the great shakeout earthquake drill.
Director of Public Works, Water and Development Services Derek Wieske provided a brief update
on Measure M issues. Director of Gas and Electric Kelly Nguyen reported on one outage on October 17 that lasted 2
hours 52 minutes.
Finance Director William Fox gave a brief update on the Moody’s bond review. City Clerk Maria Ayala provided a brief report on voter outreach for the Presidential Election and
the upcoming City of Vernon Election.
City Administrator Carlos Fandino provided a brief report on the following: continued recruitment of a Fire Chief; Halloween event at City Hall; League of Cities Conference; and briefly shared about an employee who had recently suffer a serious accident (outside of work hours).
23. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or
directives to staff. Councilmember Ybarra requested that staff look into and provide a report on multi-use housing
and possible locations. Director Wieske and City Administrator Fandino stated that they would
explore the issue.
With no further business, at 10:11 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis Mayor ATTEST:
_________________________ Maria E. Ayala City Clerk