2019-02-19 City Council Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, FEBRUARY 19, 2019, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
CALL TO ORDER & FLAG SALUTE
Members Present: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra
Members Absent: None
The meeting was called to order at 9:00 a.m. by Mayor Woodruff-Perez, City Clerk Maria Ayala led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there are no changes to the agenda.
PUBLIC COMMENT
No Public Comment provided.
PRESENTATION
1. Employee Service Pin Awards for January 2019
Recommendation: No action required by City Council. This is a presentation
only.
Human Resources Director Michael Earl recognized Service Pin Award recipient City
Administrator Carlos Fandino.
Council Member Luz Martinez presented the Service Pin Award to Mr. Fandino.
CONSENT CALENDAR
2. Claim for Damages from Michael V. Mabry received on February 6, 2019 Recommendation: A. Receive and File
3. Minutes of the Regular City Council Meeting Held on February 5, 2019
Recommendation: A. Receive and File
4. Approval of Operating Account Warrant Register No. 16 Covering the Period of January 29 through February 11, 2019
Regular City Council Meeting February 19, 2019
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Recommendation: A. Approve Operating Account Warrant Register No. 16
which totals $5,442,076.46 and consists of the following:
1) Ratification of electronic payments totaling $4,571,299.52. 2) Ratification of the issuance of early checks totaling $829,769.11.
3) Authorization to issue pending checks totaling $41,007.83.
4) Voided check No. 602040 totaling $156.00.
5. Approval of City Payroll Warrant Register No. 752 Covering the Period of January 01 through January 31, 2019
Recommendation: A. Approve City Payroll Warrant Register No. 752 which
totals $4,617,287.15 and consists of the following:
1) Ratification of direct deposits, checks and taxes totaling $3,656,571.59. 2) Checks and electronic fund transfers (EFT) paid through General bank
account totaling $960,715.56.
6. Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant register to record voided check:
1) Operating Account Warrant Register No. 15 to record voided Check No.
601943 in the amount of $20,561.50 issued 01/17/19 to Stream Kim Hicks
Wrage.
7. Fire Department Activity Report for the Period of January 1 through January
15, 2019
Recommendation: A. Receive and file.
8. Fire Department Activity Report for the Period of January 16 through January
31, 2019
Recommendation: A. Receive and file.
9. Vernon Police Department Activity Log and Statistical Summary for the period of January 16 through January 31, 2019
Recommendation: A. Receive and file.
10. Award of Construction Contract to General Pump Company, Inc. for the Well
No. 11 Pump and Motor Project Recommendation: A. Find that the proposed action is categorically exempt
from California Environmental Quality Act (“CEQA”) review, in accordance
with CEQA Guidelines 15301, because the project consists of the
maintenance, repair, or minor alteration of an existing facility/equipment and
involves negligible or no expansion of the existing use; and
Regular City Council Meeting February 19, 2019
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B. Accept the bid from General Pump Company, Inc., as the lowest
responsive and responsible bidder and reject all other bids; and
C. Approve and authorize the City Administrator to execute the Construction Contract with General Pump Company, Inc., in substantially the same form as
attached herewith, in an amount not to exceed $120,700 for procurement and
installation of the Well No. 11 pump and motor; and
D. Authorize a contingency amount of $12,000 in the event of unforeseen changes in the project and authorize the City Administrator to issue change
orders for an amount up to the contingency amount, if necessary.
11. Renewable Portfolio Standard Annual Status Report for Calendar Year 2018 Recommendation: A. Find that the Renewable Portfolio Standard Annual Status Report is exempt from California Environmental Quality Act (CEQA)
review because, as a continuing administrative activity, such is not a “project”
as defined in CEQA Guidelines Section 15378. And even if such activity
were a “project,” it would be exempt from CEQA review in accordance with
CEQA Guidelines Section 15307 and 15308 because the RPS activity managed by Vernon Public Utilities is aligned with regulatory provisions to
maintain, restore, or enhance the environment; and
B. Receive and File the Renewable Portfolio Standard (RPS) Annual Status
Report for Calendar Year 2018.
12. Public Works Department December 2018 Monthly Building Report
Recommendation: A. Receive and File.
13. Public Works Department January 2019 Monthly Building Report Recommendation: A. Receive and File
14. Acceptance of Electrical Easement at 2665 Leonis Blvd. (APN 6308-004-013)
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, in substantially the same form as attached
to this staff report, and authorize the Mayor to execute the Certificate of
Acceptance.
No public comment provided.
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It was moved by Melissa Ybarra and seconded by William Davis to approve Consent Calendar
items 2 through 14. Motion carried, 5 - 0.
Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa
Ybarra
No: None ORDINANCE 15. Ordinances Granting U.S. Tow, Inc. and Mr. C’s Towing of South Gate Inc., a
Franchise Towing Services Agreement Recommendation: A. Find that approval of franchise towing service agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc. is not
subject to review under the California Environmental Quality Act (CEQA),
because such action is a governmental administrative activity that will not
result in direct or indirect physical changes in the environment and is therefore
not a “project” as that term is defined by CEQA Guidelines section 15378; and
B. Approve the second reading, and adopt Ordinance No. 1259 granting U.S.
Tow, Inc. a franchise towing services agreement; and
C. Approve the second reading, and adopt Ordinance No. 1260 granting Mr.
C’s Towing of South Gate, Inc. a franchise towing services agreement; and
D. Authorize the City Administrator to execute franchise agreements, in
substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of the City.
Police Chief Anthony Miranda reported on the proposed and announced that Vernon PD has
implemented a mechanism to track tow times and response times.
Public Comments:
Gerry Brown, General Manager, Mr. C’s Towing in South Gate, announced that Mr. C’s keeps
records of the company’s towing times and response times. He further elaborated as to Mr. C’s
average response times for all the cities served by the company.
Richard Kettering, General Manager, U. S. towing, reported on the transparency of their company.
Mr. Kettering also commented as to the company standards to do its best to maintain their contracts
and provide the best response time.
Mayor Yvette Woodruff- Perez inquired as to Council reviewing Mr. C’s computer generated
tow time records. Mr. Brown provided the documents to Council.
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Council Member Melissa Ybarra inquired as to the difference in response times between Mr. C’s
Towing and U. S. Towing. A dialogue ensued between Council and staff regarding the volume of
towing calls, response time tracking, good practice and governance, and the new automated system
than generates tracking of the responses.
It was moved by William Davis and seconded by Leticia Lopez to: A. Find that approval of
franchise towing service agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc.
is not subject to review under the California Environmental Quality Act (CEQA), because such
action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project” as that term is defined by CEQA
Guidelines section 15378; and B. Approve the second reading, and adopt Ordinance No. 1259
granting U.S. Tow, Inc. a franchise towing services agreement; and C. Approve the second
reading, and adopt Ordinance No. 1260 granting Mr. C’s Towing of South Gate, Inc. a franchise
towing services agreement; and D. Authorize the City Administrator to execute franchise agreements, in substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's
Towing of South Gate, Inc. on behalf of the City.
Motion carried, 5 - 0.
Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra
No: None
ORAL REPORTS
Police Chief Anthony Miranda reported on the following: February 12th, Vernon PD Detective
Bureau arrested a suspect, who was on parole for second degree murder, for threats to shoot his
co-worker; and on February 13th, Vernon PD assisted Huntington Park PD with calls for service
as all of their units were tied up with a structure fire in Huntington Park.
Fire Battalion Chief Todd Painton reported on the following: February 7th, fire incident at J&J
Snack Foods location; February 8th, fire units from Vernon Fire Department, Los Angeles County
Fire Department, and Monterey Park were dispatched to a fire on the roof at the Farmer John
facility; and Fire personnel will be receiving eight hours of arson investigation training from the industry leader.
Public Works Director Daniel Wall reported on the following: Public Works will hold a meeting
next week at the Council Chambers to distribute parking passes to the residents on Furlong.
Vernon Public Utilities Manager Kelly Nguyen reported on the following: Several outrage
incidents throughout the City.
City Administrator Carlos Fandino reported on the following: On March 21st, the City will host an
outreach event for Vernon residents; and City Administration, in coordination with Vernon PD, is analyzing the reorganization of City Hall onsite security.
CLOSED SESSION
Regular City Council Meeting February 19, 2019
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The City Council entered closed session at 9:24 a.m.
16. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation. The City has received notice that it is a potentially
responsible party (PRP) relating to an EPA Superfund site in South Gate, California,
which was used for decades until the early 1990s as a facility to recondition and recycle
used steel drums, some of which contained a variety of industrial chemicals. Potential
plaintiffs have identified the City as a PRP and made an offer of settlement in exchange for release from future liability.
Government Code Section 54956.9(d)(2) & (e)(2)
Number of potential cases: 1
17. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation. The City hired Environmental Construction, Inc. to
install and equip a well in 2015. Multiple issues arose over the subsequent three years, resulting in potential claims by both parties against the other. In order to avoid litigation,
the parties have reached an agreement, pending City Council approval, to resolve their
disputes.
Government Code Section 54956.9(d)(2) & (e)(2)
Number of potential cases: 1
18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon
Los Angeles Superior Court, Case No. BS159589
19. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Employee Organizations:
Teamsters Local 911,
IBEW Local 47,
Vernon Firemen's Association, Vernon Fire Management Association,
Vernon Police Management Association, and
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Vernon Police Officers’ Benefit Association
At 9:50 a.m. the City Council exited closed session. City Attorney Hema Patel reported that four
items were discussed with City Council approval on the following:
Item No. 16: Settlement Agreement with Cooper & Drum Cooperating Parties Group.
Item No. 17: Settlement and Mutual Release Agreement with Environmental Construction Inc.,
regarding Well No. 21.
ADJOURNMENT
With no further business, at 9:50 a.m. Mayor Yvette Woodruff-Perez adjourned the meeting.
________________________
Yvette Woodruff-Perez
Mayor
ATTEST: _________________________
Maria E. Ayala
City Clerk