2018-04-17 City Council Minutes
Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF
VERNON HELD TUESDAY, APRIL 17, 2018, IN COUNCIL CHAMBER OF
CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA
MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, Martinez, and Lopez
MEMBERS ABSENT: None.
CALL TO ORDER & FLAG SALUTE
The meeting was called to order at 9:00 a.m. by Mayor Ybarra; she also led the flag salute.
CHANGES TO THE AGENDA
PUBLIC COMMENT
At this time the public is encouraged to address the City Council on any matter that is within the subject
matter jurisdiction of the City Council. The public will also be given a chance to comment on matters
which are on the posted agenda during City Council deliberation on those specific matters.
Marisa Olguin, Vernon Chamber of Commerce, congratulated newly re-elected William Davis. She
also spoke about the passage of Measure R and the need to develop further plans for sustainability.
ELECTION
1. City Clerk
A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of
the General Municipal Election held on April 10, 2018, Declaring the Result and Such
Other Matters as Provided by Law
Recommendation:
A. Find that the proposed actions are exempt from California Environmental Quality Act
(“CEQA”) review, because each is an administrative activity of government that will not
result in direct or indirect physical changes in the environment, and therefore do 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 10,
2018, declaring that William J. Davis is elected to the Office of Member of the City Council;
and
D. Declaring that Measure R is approved; and
E. Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of
Office to William J. Davis
City Clerk Maria Ayala provided the final election report.
No public comment received.
It was moved by Woodruff Perez and seconded by Martinez to approve items A through E,
adopting Resolution No. 2018-12. Motion carried, 5-0.
Ybarra: Yes
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes
Lopez: Yes
Regular City Council Meeting Minutes
April 17, 2018
Page 2
City Clerk Ayala administered the Oath of Office to newly re-elected councilmember William
J. Davis.
Councilmember Davis briefly spoke about his election victory, thanked the residents and
business community for their support.
2. City Clerk
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 proposed actions did constitute a
project, they 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 Maria Ayala provided the report and announced that items B and C would be
addressed individually, and action taken on each that would include item A.
No public comment received.
It was moved by Ybarra and seconded by Martinez to elect Mayor Pro Tem Woodruff Perez
as Mayor. Motion carried, 5-0.
Ybarra: Yes
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes
Lopez: Yes
It was moved by Martinez and seconded by Ybarra to elect Davis as Mayor Pro-Tem. It was
moved by Woodruff-Perez to elect Lopez as Mayor Pro-Tem, motion failed for lack of a
second.
Ybarra: Yes
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes
Lopez: Yes
Public Comment
Antonio Chapa, District Director for the Office of Hilda Solis, First District Supervisor,
congratulated the newly elected members and presented a Certificate of Commendation for
previous Mayor Ybarra.
The Meeting went into recess at 9:15 am
The Meeting reconvened at 9:24 a.m.
Newly elected Mayor Woodruff-Perez and Mayor Pro-Tem Davis assumed their new seats.
PRESENTATION
3. Human Resources
Service Pin Presentation for March Recipients
Regular City Council Meeting Minutes
April 17, 2018
Page 3
Recommendation:
None.
Human Resources Director Michael Earl presented the service pin to Alexy Escobedo who
was in attendance.
DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF
4. Public Works
Discussion and Possible Directives to Staff from Eco-Rapid Transit and Metro
Regarding the Development of a Corridor Transit Oriented Development (TOD)
Strategic Plan.
Recommendation:
A. Find that a presentation from the Eco-Rapid Transit and Metro regarding the development
of a Corridor Transit Oriented Development (TOD) Strategic Plan is exempt from California
Environmental Quality Act (“CEQA”) review, because the activity, which is purely
administrative in nature, will not result in direct or indirect physical changes in the
environment and therefore does not constitute a “project” as that term is defined under CEQA
Guidelines Section 15378, and even if it were a project, it would be categorical y exempt
from CEQA review in accordance with CEQA Guidelines Section 15306, since the
presentation and requested input/guidance is for information collection purposes and will not
result in a serious or major disturbance to an environmental resource; and
B. Review proposed vision statements for the TOD Strategic Plan and provide
input/guidance in the development of a vision statement and a City statement.
Public Works Director Daniel Wall introduced Eco-Rapid Transit Executive Director Michael
Kodama.
Mr. Kodama provided a PowerPoint presentation.
No public comment received.
CONSENT CALENDAR
No public comment was provided.
It was moved by Davis and seconded by Lopez to approve all matters listed under the Consent Calendar
under one motion as presented. Motion carried, 5-0.
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes
Lopez: Yes
Ybarra: Yes
5. City Clerk
Claim for Damages from Marc Anthony Jose Navarro received March 29, 2018
Recommendation:
A. Receive and File
6. City Clerk
Claim for Damages from Mishell Edwards received on April 4, 2018
Recommendation:
A. Receive and File
7. City Clerk
Claim for Damages from Juan Covarubias received on April 10, 2018
Regular City Council Meeting Minutes
April 17, 2018
Page 4
Recommendation:
A. Receive and File
8. City Clerk
Minutes of the Regular City Council Meeting Held April 3, 2018
Recommendation:
A. Receive and File
9. Finance/ Treasury
Ratification of Warrant Registers to Record Voided Checks
Recommendation:
A. Ratify the following warrant registers to record voided checks:
1) Public Utilities Account Warrant Register No. 444 to record voided Check No. 512878 in
the amount of $37.54.
2) Public Utilities Account Warrant Register No. 452 to record voided Check No. 513084 in
the amount of $3,074.79.
10. Finance/ Treasury
Approval of General Account Warrant Register No. 1492 Covering the Period of March
27 through April 09, 2018
Recommendation:
A. Approve General Account Warrant Register No. 1492 which totals $1,009,745.70 and
consists of the following:
1) Ratification of electronic payments totaling $771,960.44.
2) Ratification of the issuance of early checks totaling $198,139.84.
3) Authorization to issue pending checks totaling $39,645.42.
11. Finance/ Treasury
Approval of City Payroll Warrant Register No. 742 Covering the Period of March 01
through March 31, 2018
Recommendation:
A. Approve City Payroll Warrant Register No. 742 which totals $4,209,756.80 and consists
of the following:
1) Ratification of direct deposits, checks and taxes totaling $3,321,996.91
2) Checks and electronic fund transfers (EFT) paid through General bank account totaling
$887,759.89
12. Finance/ Treasury
Approval of Public Utilities Account Warrant Register No. 457 Covering the Period of
March 27 through April 09, 2018
Recommendation:
A. Approve Public Utilities Account Warrant Register No. 457 which totals $2,369,284.75
and consists of the following:
1) Ratification of electronic payments totaling $2,314,226.15.
2) Ratification of the issuance of early checks totaling $55,058.60.
13. Finance/ Treasury
Approval of Gas Account Warrant Register No. 245 Covering the Period of March 27
through April 09, 2018
Recommendation:
A. Approve Gas Account Warrant Register No. 245 which totals $306,176.63 and consists of
the following:
Regular City Council Meeting Minutes
April 17, 2018
Page 5
1) Ratification of electronic payments totaling $295,109.98.
2) Ratification of the issuance of early checks totaling $11,066.65.
14. Health and Environmental Control Department
March 2018 Monthly Report
Recommendation:
A. Receive and File.
15. Health and Environmental Control Department
2018 Electronic Waste (E-Waste) Recycling Event
Recommendation:
A. Find that because proposed one day waste collection event at the fire station is an action
taken to protect the environment and constitutes normal operations of the fire station, the
activity is categorically 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.
B. Approve the scheduling of the next City of Vernon E-Waste event for May 29, 2018, at
Fire Station #76 at 3375 Fruitland Ave. and related agreement with Arion Global, Inc. for e-
waste pick-up and disposal services.
16. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of
March 16 through March 31, 2018
Recommendation:
A. Receive and file.
NEW BUSINESS
17. Public Utilities
Approval of Master Power Purchase and Sale Agreement and Collateral Annex
Agreement with Southern California Edison
Recommendation:
A. Find that (a) the agreements between the City of Vernon and Southern California Edison
Co. (SCE) are not in reference to a “project” subject to the California Environmental Quality
Act (“CEQA”) under Guidelines section 15378 because they involve the continuing
administrative activity of purchasing power and resource adequacy; and (b) even if this
approval were a “project” subject to CEQA, the approval requested is exempt in accordance
with 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 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. Approve the Edison Electric Institute (EEI) Master Power Purchase and Sale Agreement
and related Amendment by and between the City of Vernon (“City”) and Southern California
Edison Co. (“SCE”), in substantially the same form as submitted herewith, for the purpose of
buying and selling power and resource adequacy capacity to or from SCE; and
C. Authorize the General Manager of Public Utilities to execute the Edison Electric Institute
(EEI) Master Power Purchase and Sale Agreement and related Amendment; and
D. Approve the Edison Electric Institute (EEI) Collateral Annex and related Amendment by
and between the City of Vernon (“City”) and Southern California Edison Co. (“SCE”), in
substantially the same form as submitted herewith, for the purpose of buying and selling
power and resource adequacy capacity to or from SCE; and
Regular City Council Meeting Minutes
April 17, 2018
Page 6
E. Authorize the General Manager of Public Utilities to execute the Edison Electric Institute
(EEI) Collateral Annex and related Amendment.
General Manager Kelly Nguyen reported on the proposed.
No public comment was provided.
It was moved by Ybarra and seconded by Martinez to approve the Edison Electric Institute
(EEI) Master Power Purchase and Sale Agreement and related Amendment by and between the
City of Vernon (“City”) and Southern California Edison Co. (“SCE”), in substantially the same
form as submitted herewith, for the purpose of buying and selling power and resource adequacy
capacity to or from SCE; and authorize the General Manager of Public Utilities to execute the
Edison Electric Institute (EEI) Master Power Purchase and Sale Agreement and related
Amendment; and approve the Edison Electric Institute (EEI) Collateral Annex and related
Amendment by and between the City of Vernon (“City”) and Southern California Edison Co.
(“SCE”), in substantially the same form as submitted herewith, for the purpose of buying and
selling power and resource adequacy capacity to or from SCE; and Authorize the General
Manager of Public Utilities to execute the Edison Electric Institute (EEI) Collateral Annex and
related Amendment. Motion carried, 5-0.
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes
Lopez: Yes
Ybarra: Yes
18. Public Works
Approval of the Contract between the City of Vernon and Petrochem Materials
Innovation, LLC (PMI) for the Citywide Slurry Seal, Phase V Project, CS-0804
Recommendation:
A. Find that the approval of the proposed Citywide Slurry Seal (Phase V) Project at various
locations along Vernon Avenue, District Boulevard, Leonis Boulevard and Alameda Street is
categorically exempt under the California Environmental Quality Act (CEQA) in accordance
with CEQA Guidelines Section 15301, Existing Facilities, part (c), existing highways and
streets, because the project is merely to repair existing streets and involves negligible or no
expansion of use beyond that existing currently; and
B. Approve and authorize the City Administrator to execute a contract with Petrochem
Materials Innovation, LLC for the Material, Delivery and Application for the Citywide Slurry
Seal (Phase V) Project, Contract CS-0804, in substantially the same form as submitted
herewith, for an amount of $403,845.83; and
C. Authorize a 10% contingency of $40,384.58 in the event of an unexpected changed
condition in the project and grant authority to the City Administrator to issue a change order
for an amount up to the contingency amount, if necessary.
Director Wall reported on the proposed.
No public comment was provided.
It was moved by Davis and seconded by Ybarra to approve and authorize the City Administrator
to execute a contract with Petrochem Materials Innovation, LLC for the Material, Delivery and
Application for the Citywide Slurry Seal (Phase V) Project, Contract CS-0804, in substantially
the same form as submitted herewith, for an amount of $403,845.83; and authorize a 10%
contingency of $40,384.58 in the event of an unexpected changed condition in the project and
grant authority to the City Administrator to issue a change order for an amount up to the
contingency amount, if necessary. Motion carried, 5-0.
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes
Lopez: Yes
Regular City Council Meeting Minutes
April 17, 2018
Page 7
Ybarra: Yes
ORAL REPORTS
City Administrator Reports – brief reports on activities and other brief announcements.
City Administrator Carlos Fandino reported on the following: the Fire Department regional hazardous
materials training exercise; Fire Department’s Open House for the Regional Training Center; the April
19th annual St. Baldrick’s and Children’s Hospital Fundraiser; “Fill the Boot” fundraising campaign;
various Police Department incidents throughout the City; Congratulated Vernon’s Mayor and Mayor Pro-
Tem; upcoming budget study session presentations; May 1st Harassment Prevention training for
Councilmembers and Commissioners; and the California Contract Cities Association 59th Annual
Municipal Seminar on May 17th-20th.
City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff.
At 9:43 a.m., the City Council entered into closed session to discuss the following agendized items:
CLOSED SESSION
19. City Attorney
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
20. City Attorney
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Potential retaliation claim by City employee
Government Code Section 54956.9(e)(2)
Number of potential cases: 1
At 10:09 a.m. the City Council exited closed session. City Attorney Hema Patel reported that two items
were discussed and that no reportable action was taken.
ADJOURNMENT
With no further business, at 10:09 a.m., Mayor Woodruff-Perez adjourned the meeting.
________________________
Yvette Woodruff-Perez
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk