2017-02-07 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, FEBRUARY 7, 2017, IN
COUNCIL CHAMBER OF 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; Fire Chief Bruce English 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.
No public comment provided. PUBLC HEARING
1. Public Hearing of Ordinance No. 1239 - An Ordinance of the City Council of the
City of Vernon amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. (First Reading)
Recommendation:
A. Find that the ordinance amendment to Section 30.8 of the Vernon Municipal Code referenced in this staff report is exempt under the 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. Conduct a Public Hearing; and
C. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code and Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the
prohibition on private sale/resale of electricity.
Director of Gas and Electric Kelly Nguyen reported on the proposed. Councilmember Ybarra wanted further clarification about the benefits of the City selling electrical
power. Director Nguyen responded explaining that other companies would sell the electricity for
a profit.
Mayor Davis opened the public hearing at 9:04 a.m.
No testimony was provided.
Mayor Davis closed the public hearing at 9:04 a.m. It was moved by Ybarra and seconded by Woodruff-Perez to approve Ordinance No. 1239. Motion
carried, 5-0.
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February 7, 2017
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Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes Lopez: Yes PRESENTATION
2. Badge Presentation Ceremony - Bryan Dome Presented by: Bruce English, Fire Chief
Fire Chief Bruce English introduced and provided background on Bryan Done. Mr. Dome’s
Mother and Grandmother presented him with the badge.
3. Storm Outage Mutual Assistance Presented by: Todd Dusenberry, Utilities Operations Manager
Utilities Operations Manager Todd Dusenberry provided a PowerPoint presentation.
4. Status of the Metro Active Transportation Rail to River Corridor Project Presented by: Metro Active Transportation Rail to River Corridor Project Staff
Roberto Machuca, Metro Senior Transportation Manager, provided a PowerPoint presentation. Councilmember Ybarra inquired about route gap connections, Mr. Machuca responded
accordingly.
CONSENT CALENDAR
It was moved by Woodruff-Perez and seconded by Ybarra 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 5. None
Warrant Registers
6. Ratification of the following City Warrant Register to record the following voided checks:
A. City Warrant Register No. 1445 to record voided Check No. 350622 in the amount of $137.50 7. Approval of City Warrant Register No. 1465, totaling $2,258,681.74, which covers
the period of January 10 through January 30, 2017, and consists of the following:
A. Ratification of wire transfers totaling $1,662,414.34; and
B. Ratification of the issuance of early checks totaling $558,870.38; and
C. Authorization to issue pending checks totaling $37,397.02; and D. Voided Check No. 353606 totaling $300.00.
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8. Approval of Light & Power Warrant Register No. 430, totaling $8,219,471.54, which covers the period of January 10 through January 30, 2017, and consists of the
following:
A. Ratification of wire transfers totaling $7,811,645.60; and
B. Ratification of the issuance of early checks totaling $406,433.89; and
C. Authorization to issue pending checks totaling $1,392.05; and D. Voided Check No. 512474 totaling $450.00.
9. Approval of Gas Warrant Register No. 218, totaling $2,125,643.86, which covers the
period of January 10 through January 30, 2017, and consists of the following: A. Ratification of wire transfers totaling $2,092,210.30; and
B. Ratification of the issuance of early checks totaling $33,433.56.
City Administration Department
10. Ratification of Mayor’s Appointment of Legislative Representative to serve on the
Vernon CommUNITY Fund Grant Committee.
Recommendation: A. Find that the appointment of an eligible 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. Ratify the Mayor’s appointment of Julia Juarez to serve on the Vernon CommUNITY Fund Grant Committee to fill an unexpired term in a Legislative Representative Seat until the term expires on June 30, 2018.
Fire Department
11. Activity Report for the period of January 1 through January 15, 2017.
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1 through January 15, 2017, to be received and filed.
13. Activity Log and Statistical Summary of Arrests and Activities for the period of
January 16 through January 31, 2017, to be received and filed. 14. Automatic License Plate Recognition Data Integration Services Agreement
Recommendation:
A. Find that granting authority to execute the referenced agreement 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
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B. Authorize the Police Chief to execute an agreement for a three year term with Vigilant Solutions, for data integration and participation in a nationwide law
enforcement data access service program.
Public Works, Water and Development Services Department 15. Annual Building Department Report, 2016, to be received and filed. 16. Acceptance of work related to Contract No. CS-0602 – Rehabilitation Improvements of 4323 Furlong Place from St. George Groupe, Inc.
Recommendation:
A. Find that the acceptance of work related to the Capital Improvement Project is
categorically exempt under the California Environmental Quality Act (“CEQA”) in
accordance with CEQA Guidelines Section 15301, Existing Facilities, part (a),
because the project is merely to make interior or exterior alterations involving
partitions, plumbing, and electrical conveyances; and
B. Accept the work of St. George Groupe, Inc. as related to City Contract No. CS-
0602 – Rehabilitation Improvements of 4323 Furlong Place, and authorize staff to
submit the Notice of Completion for the project to the County of Los Angeles
Recorder’s Office.
17. Acceptance of Work for Contract No. CS-0639 Rehabilitation of 10 Million Gallon Reservoir
Recommendation:
Items A-B:
A. Find that the acceptance of work related to the Rehabilitation of the 10 Million Gallon
Reservoir Capital Improvement Project is categorically exempt under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, part (a), because the project is merely to make interior
alterations involving the cleaning of the existing ten (10) million gallon underground
water storage reservoir by wash down, abrasive blasting, crack sealing, applying epoxy
coating on steel piping, and removing all debris from the project site; and
B. Accept the work related to City Contract No. CS-0639 – Rehabilitation of 10 Million
Gallon Reservoir Capital Improvement Project, and authorize staff to submit a Notice of Completion for the project to the County of Los Angeles Recorder’s Office. NEW BUSINESS
City Administration Department
18. Amendment No. 2 to Agreement with Mayer Brown, LLP for John Van de Kamp
to Serve as Independent Special Counsel
Recommendation:
A. Find that approval of the proposed amendment 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 Amendment No. 2 to the Agreement between the City of Vernon and
Mayer Brown LLP for John Van de Kamp to serve as Independent Special Counsel
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for a period one year, effective February 16, 2017 for an amount not to exceed $100,200.00; and
C. Authorize the City Administrator to sign the proposed amendment in substantially
the same form as submitted herewith. City Administrator Fandino reported on the proposed.
A dialogue ensued between City Council and staff regarding the justification of extending the
contract. It was moved by Woodruff-Perez and seconded by Ybarra to approve amendment No. 2 to the
Agreement between the City of Vernon and Mayer Brown LLP for John Van de Kamp to serve as
Independent Special Counsel. Motion failed, 2-3.
Davis: Yes Woodruff-Perez: No
Martinez: No
Ybarra: No
Lopez: Yes Human Resources Department
19. Adoption of City of Vernon Personnel Policies and Procedures – Family, Medical,
Pregnancy Disability, and Paid Parental Leave Policy, V-4. Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative 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.
B. Adopt the Personnel Policy and Procedure - Family, Medical, Pregnancy Disability,
and Paid Parental Leave Policy, V-4 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.
Human Resources Director Michael Earl reported on the proposed.
Councilmember Ybarra inquired about the current policy, Director Earl responded.
It was moved by Woodruff-Perez and seconded by Ybarra to approve the Personnel Policy and Procedure - Family, Medical, Pregnancy Disability, and Paid Parental Leave Policy, V-4 and incorporate it into the Personnel Policies and Procedures Manual. Motion carried, 5-0.
Davis: Yes Woodruff-Perez: Yes Martinez: Yes
Ybarra: Yes
Lopez: Yes
Public Works, Water and Development Services Department 20. Acceptance of Electrical Easement for 4214 East 26th Street – Burlington Northern
7 Santa Fe Railway (BNSF) – (APN: 5243-020-816)
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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
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.
Administrator Fandino reported on the proposed.
Mayor Davis inquired as to what the projected entailed, Administrator Fandino clarified.
It was moved by Ybarra and seconded by Martinez to accept the Electrical Easement and authorize
the Mayor to execute the Certificate of Acceptance. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes Lopez: Yes
21. Encroachment Agreement No. 424 – BNSF Railway Company / 26th Street
Recommendation: A. Find that the approval of the subject Encroachment Agreement (the “Agreement”)
is exempt under the California Environmental Quality Act (“CEQA”) because it is an administrative activity that will not result in any direct or indirect physical
changes in the environment, and therefore does not constitute a “project” as defined
by CEQA Guidelines section 15378. Any construction that may occur under the
Agreement in the future in reliance on this approval would be subject to separate
CEQA review at that time when actual details of any physical proposal would be more than speculative; and
B. Approve Encroachment Agreement No. 424 between the City of Vernon and
Burlington Northern and Santa Fe Railway Company (BNSF); and
C. Authorize the City Administrator to execute Agreement No. 424 between the City
of Vernon and BNSF.
Administrator Fandino reported on the proposed.
It was moved by Ybarra and seconded by Lopez to approve Encroachment Agreement No. 424
between the City of Vernon and Burlington Northern and Santa Fe Railway Company (BNSF).
Motion carried, 5-0.
Davis: Yes Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes
Lopez: Yes
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ORAL REPORTS
22. 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: January 30th robbery near Fruitland
Avenue; February 3rd traffic accident on the 4500 block of 26th street; and introduced new
employees to the Department.
Fire Chief Bruce English reported on a weather related incident.
Director of Gas and Electric Kelly Nguyen reported on an unscheduled outage.
Finance Director William Fox reported on an upcoming meeting with Moody’s about bond rating.
Human Resources Director Michael Earl reported on ongoing recruitment efforts for a new Police
Chief.
City Clerk Maria Ayala reported on Measure Q and the upcoming election.
Mayor Davis called for additional public comment.
Public Comment
John Van de Kamp, Independent Counsel, spoke about his contract not being extended and suggested the City have an Independent Reform Monitor. He then thanked the City and the Council for his time and service.
Marisa Olguin, Vernon Chamber of Commerce, spoke about the progress the City has made
through the reforms suggested by Mr. Van de Kamp. Peter Corselli, US Growers Cold Storage, spoke about the work Mr. Van de Kamp has done with
the City and was happy with the direction of the City.
Both Mayor Pro-Tem Woodruff-Perez and Councilmember Ybarra thanked Mr. Van de Kamp for his successful years of service in assisting the City, and added that they both feel confident in the City’s ability to move forward.
City Administrator Carlos Fandino reported on Measure Q outreach and the upcoming election.
He also thanked Mr. Van de Kamp for his service to the City. 23. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or
directives to staff.
Mayor Davis recessed the meeting at 10:07 a.m. CLOSED SESSION
At 10:07 a.m., the City Council entered into closed session to discuss the following agendized items: 24. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(3)
Government Code Section 54956.9 (a)
(A) Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court, Case No. BC620265
(B) Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon
Los Angeles Superior Court, Case No. BS159589 (C) Los Angeles Unified School District v. County of Los Angeles, et al.
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Los Angeles Superior Court, Case No. BS108180 and Related Cases (BS13798; BS127286; BS130308)
25. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
At 11:09 a.m. the City Council exited closed session. City Attorney Hema Patel announced that 4
items were discussed and council took action on Closed Session item 24 (C), all in favor of action
5-0.
Davis: Yes Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes
Lopez: Yes
With no further business, at 11:10 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor ATTEST:
_________________________
Maria E. Ayala City Clerk