2017-04-08 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, APRIL 18, 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. 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.
No public comment provided. ELECTION MATTERS
1. Resolution No. 2017-14 - A Resolution of the City Council of the City of Vernon,
California, Reciting the Fact of the General Municipal Election held on April 11, 2017, Declaring the Result and Such Other Matters as Provided by Law
Recommendation:
A. Find that the proposed approval is exempt from California Environmental Quality Act (“CEQA”) review, because it is an 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
B. Accept the Certificate of Canvass; and
C. Adopt a Resolution declaring the results of the General Municipal Election held April 11, 2017, declaring that Melissa Ybarra is elected to the Office of Member of
the City Council; and
D. Declaring that Measure Q is not approved; and E. Authorize the City Clerk to deliver the Certificate of Election and administer the
Oath of Office to Melissa Ybarra.
City Clerk Ayala reported on the proposed. It was moved by Lopez and seconded by Woodruff-Perez to approve Resolution 2017-14. Motion
carried, 5-0.
Davis: Yes Woodruff-Perez: Yes Martinez: Yes
Ybarra: Yes
Lopez: Yes
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City Clerk Ayala administered the Oath of Allegiance to Councilmember Ybarra; Councilmember Ybarra said a few words about being elected.
2. Election of Mayor and Mayor Pro Tempore
Recommendation:
A. Find that election of Mayor and Mayor Pro Tempore do 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 that will not result in direct or indirect physical changes to the environment; and even if the
adoption of the proposed resolution did constitute a project, it would be exempt
from 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. Elect one of its members as Mayor; and
C. Elect one of its members as Mayor Pro Tempore.
City Clerk Ayala reported on the proposed.
Councilmember Martinez nominated Mayor Pro Tem Woodruff-Perez to be elected as Mayor,
Mayor Pro Tem Woodruff-Perez seconded the nomination. Nomination failed, 2-3.
Davis: No Woodruff-Perez: Yes
Martinez: Yes
Ybarra: No
Lopez: No
Councilmember Lopez nominated Councilmember Ybarra to be elected as Mayor, Mayor Davis
seconded the nomination. Nomination carried, 3-2.
Davis: Yes
Woodruff-Perez: No Martinez: No
Ybarra: Yes
Lopez: Yes
Councilmember Martinez nominated Mayor Pro Tem Woodruff-Perez to be elected as Mayor Pro Tempore, Mayor Pro Tem Woodruff-Perez seconded the nomination. Nomination carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes
Lopez: Yes
Newly elected Mayor Ybarra and Mayor Pro Tem Woodruff-Perez took their new seats on the dais.
Mayor Ybarra recessed the meeting at 9:13 a.m.
The meeting was reconvened at 9:26 a.m.
PRESENTATION
3. Service Pin Awards for March 2017
Presented by: Michael Earl, Director of Human Resources
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NAME DEPARTMENT TITLE YEARS
Charles B. Montoya Vernon Gas & Electric Metering Technician 25
Luis T. Vasquez Police Police Officer 15
Human Resources Director Michael Earl awarded the service pin to Charles B. Montoya, who was
in attendance, and Luis T. Vasquez, who was not in attendance.
CONSENT CALENDAR
It was moved by Davis 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 4. None
Minutes – To be Received and Filed
5. Minutes of the Rescheduled Regular City Council Meeting held January 10, 2017 6. Minutes of the Regular City Council Meeting held January 17, 2017
7. Minutes of the Regular City Council Meeting held February 7, 2017 Warrant Registers
8. Ratification of the following Light & Power Warrant Registers to record the
following voided checks: A. Light & Power Warrant Register No. 430 to record voided Check No. 512514 in
the amount of $2,379.40.
9. Approval of City Payroll Warrant Register No. 730, totaling $4,351,126.35, which covers the period of March 1 through March 31, 2017 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $3,312,998.40; and
B. Checks and electronic fund transfers (EFT) totaling $1,038,127.35. 10. Approval of City Warrant Register No. 1470, totaling $1,400,878.45, which covers
the period of March 28 through April 10, 2017, and consists of the following:
A. Ratification of wire transfers totaling $736,766.58; and
B. Ratification of the issuance of early checks totaling $587,151.96; and
C. Authorization to issue pending checks totaling $76,959.91. 11. Approval of Light & Power Warrant Register No. 435, totaling $2,587,187.38, which covers the period of March 28 through April 10, 2017, and consists of the following:
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A. Ratification of wire transfers totaling $2,443,248.52; and
B. Ratification of the issuance of early checks totaling $132,311.48; and
C. Authorization to issue pending checks totaling $11,627.38. 12. Approval of Gas Warrant Register No. 223, totaling $207,059.16, which covers the period of March 28 through April 10, 2017, and consists of the following:
A. Ratification of wire transfers totaling $87,318.32; and B. Ratification of the issuance of early checks totaling $119,740.84.
Fire Department
13. Activity Report for the period of March 16 through March 31, 2017 Health and Environmental Control Department
14. March 2017 Monthly Report Police Department
15. Activity Log and Statistical Summary of Arrests and Activities for the period of
March 16, through March 31, 2017, to be received and filed 16. Grant Acceptance - California Board of State & Community Corrections City Law Enforcement Grant
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. Authorize the Police Chief to accept the California Board of State & Community
Corrections, City Law Enforcement Grant funds to support homeless outreach
initiatives and provide sworn police personnel additional crisis and mental health
intervention training. Public Works, Water and Development Services Department
17. Building Department Report for the Month of March 2017
ORDINANCE 18. Ordinance No. 1241 - An Ordinance of the City Council of the City of Vernon
amending various sections of the Vernon Municipal Code to clarify the functions
and organization of the Department of Public Works; and repealing all ordinances or parts thereof in conflict therewith (Second reading)
Recommendation: A. Find that the proposed action is exempt under the 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
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B. Approve the second reading and adopt an ordinance amending various sections within Chapters 1, 2, 7, 16, 17, 21, 22, 24, 26, 27, and 28 of the Vernon Municipal
Code to clarify the functions and organization of the Department of Public Works.
It was moved by Lopez and seconded by Martinez to approve Ordinance No. 1241. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes Ybarra: Yes Lopez: Yes
NEW BUSINESS
Health and Environmental Control Department 19. Resolution No. 2017-15 - A Resolution approving and authorizing the submittal of
application(s) for all CalRecycle grants for which the City of Vernon is eligible
Recommendation: A. Find that approval of the request for authority to receive and spend grant funds in
this staff report is exempt from the California Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal operations of public facilities) and 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the
environment; and
B. Adopt a resolution requesting approval and authority to receive and spend grant funds from CalRecycle.
Health and Environmental Control Director Keith Allen reported on the proposed.
It was moved by Davis and seconded by Martinez to approve Resolution No. 2017-15. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes Ybarra: Yes
Lopez: Yes
Human Resources Department
20. Resolution No. 2017-16 - A Resolution of the City Council of the City of Vernon adopting an amended and restated Citywide Fringe Benefits and Salary Resolution in accordance with Government Code Section 20636(b)(1) and repealing all
resolutions in conflict therewith
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 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. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, with an effective date of April 21, 2017 for the following provisions under section one and two below:
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1) Amend Exhibit A, Classification and Compensation Plan with revisions to the
attached job descriptions and the job classification titles listed below:
Current Classification Title Recommended Revised Classification Title
Director of Gas and Electric General Manager of Public Utilities
Director of Public Works, Water and Development Services Director of Public Works
2) Amend Exhibit Fringe Benefits and Salary Resolution section 11 Automobile Allowance and Reimbursement for Expenses with revisions to the job classification titles listed below:
Current Classification Title Recommended Revised Classification Title
Gas & Electric Director General Manager of Public Utilities
Public Works, Water & Development
Services Director
Director of Public Works
C. Adopt the attached resolution amending and restating the Citywide Fringe Benefits
and Salary Resolution, with an effective date of April 21, 2017 for the following provisions under section one through four below:
1) Amend Exhibit A, Classification and Compensation Plan with revisions to
the Director of Public Works pay grade.
a. Director of Public Works - Pay Grade E44
2) Amend Exhibit A, Classification and Compensation Plan with revisions to
the department names listed below:
Current Department Name Recommended Department Name Change
Gas and Electric Public Utilities
Public Works, Water and Development
Services
Public Works
3) Amend Exhibit A, Classification and Compensation Plan by moving the meter reading and water maintenance groups from the Public Works
Department to the Public Utilities Department. The classification titles
within these groups are the following:
a. Meter Reader b. Meter Reader, Lead
c. Water Maintenance Worker
d. Water Maintenance Worker, Senior
4) Amend Exhibit A, Classification and Compensation Plan with revisions to the following work group titles listed below:
Current Work Group Name Recommended Work Group Name Change
Engineering Group (Gas and Electric) Engineering Group (Public Utilities)
Public Works and Water Operations
Group
Public Works Operations Group
Senior Human Resources Analyst Lisette Grizzelle reported on the proposed.
It was moved by Martinez and seconded by Woodruff-Perez to approve Resolution No. 2017-16
Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
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Martinez: Yes Ybarra: Yes
Lopez: Yes
Gas and Electric Department 21. Agreement with Biofuel Generation Services, LLC regarding Compensation for Biomethane Purchased Pursuant to Option Agreements
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act ("CEQA") review, because it is an administrative and governmental
fiscal activity which does not involve any commitment to any specific project and
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 Letter Agreement with the City of Vernon (the “City”) and Biofuel
Generation Services LLC (“BGS”), in substantially the same form as attached herewith, for the purpose of clarifying that BGS will be compensated for any
biomethane made available to the City pursuant to the Biomethane Option
Agreements and clarifying the invoicing procedure while the City exercises its
rights under the Biomethane Option Agreements; and
C. Authorize the City Administrator to execute the Letter Agreement with Biofuel
Generation Services, LLC.
City Clerk Ayala clarified a typo within the agreement: page 2, section f3 – (B) should reflect (II)
instead.
Gas and Electric Director Kelly Nguyen reported on the proposed.
It was moved by Davis and seconded by Martinez to approve the Letter Agreement with the City
of Vernon (the “City”) and Biofuel Generation Services LLC (“BGS”) and authorize the City Administrator to execute the Letter Agreement with Biofuel Generation Services, LLC. Motion
carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes Martinez: Yes
Ybarra: Yes
Lopez: Yes
Public Works, Water and Development Services Department
22. Amendment No. 1 to the Services Agreement (Transactional) Between the City of Vernon and Leviton Law Group, P.C., for Legal Consulting Services Regarding
City-Owned Housing
Recommendation:
A. Find that the proposed Amendment to the agreement with Leviton Law Group,
P.C., 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 Amendment No. 1 to the Services Agreement (Transactional) between the City of Vernon and Leviton Law Group, P.C., increasing the not-to-exceed amount of $30,000 by an additional $20,000, for a total amount of $50,000 for the
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remaining term of the agreement which expires on June 30, 2018. All other provisions of the agreement remain unchanged.
Public Works, Water and Development Services Interim Director Kevin Wilson reported on the
proposed. It was moved by Woodruff-Perez and seconded by Martinez to approve Amendment No. 1 to the
Services Agreement (Transactional) between the City of Vernon and Leviton Law Group, P.C.,
increasing the not-to-exceed amount of $30,000 by an additional $20,000, for a total amount of
$50,000 for the remaining term of the agreement which expires on June 30, 2018. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes Ybarra: Yes Lopez: Yes
ORAL REPORTS
23. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on an April 6th robbery near the 4400 block of Pacific
Avenue and the continued LA Pig Save protest activity. Fire Chief Bruce English reported on the April 18th Blood Drive.
Public Works, Water and Development Services Interim Director Kevin Wilson reported on
ongoing priority street clean up. Councilmember Davis noted street disrepair on Fruitland Avenue. Interim Director Wilson went into detail about the past and future repairs.
Gas and Electric Director Kelly Nguyen reported on the following: an April 8th outage; April 11th
metallic balloon removal; and a vandalized vacant building.
Health and Environmental Control Director Keith Allen reported on the upcoming May 23rd
eWaste event.
Senior Human Resources Analyst Lisette Grizzelle reported on the upcoming April 26th Denim
Day.
City Clerk Maria Ayala reported on the Vote-by-Mail drop-off location success.
City Administrator Carlos Fandino congratulated Mayor on her re-election and selection as Mayor,
he then reported on the following: Measure Q not passing; budget evaluation; St. Baldrick’s event; City Facebook page; citywide communications plan; and the upcoming April 26th Special Vernon
Housing Commission meeting.
24. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff.
Mayor Ybarra recessed the meeting 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:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (1) Government Code Section 54956.9(d)(1)
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Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265
2. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1) Title: Police Chief
At 10:42 a.m. the City Council exited closed session. City Attorney Hema Patel announced that two items were discussed and that no reportable action was taken.
With no further business, at 11:42 a.m., Mayor Ybarra adjourned the meeting.
________________________
Melissa Ybarra
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk