20220607 City Council MinutesMINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, JUNE 7, 2022
COUNCIL CHAMBER, 4305 SANTA FE AVENUE
CALL TO ORDER
Mayor Lopez called the meeting to order at 9:00 a.m.
FLAG SALUTE
Mayor Lopez led the Flag Salute.
ROLL CALL
PRESENT:
Leticia Lopez, Mayor
Crystal Larios, Mayor Pro Tem (via remote access)
William Davis, Council Member
Judith Merlo, Council Member
Melissa Ybarra, Council Member
STAFF PRESENT:
Carlos Fandino, City Administrator
Angela Kimmey, Deputy City Administrator
Zaynah Moussa, Interim City Attorney (via romote access)
Lisa Pope, City Clerk
Scott Williams, Finance Director
Fredrick Agyin, Health and Environmental Control Director
Michael Earl, Human Resources Director
Robert Sousa, Police Chief
Abraham Alemu, Public Utilities General Manager
Dan Wall, Public Works Director
Todd Dusenberry, Assistant Public Utilities General Manager
APPROVAL OF THE AGENDA
MOTION
Council Member Merlo moved and Council Member Davis seconded a motion to
approve the agenda. The question was called and the motion carried unanimously.
PUBLIC COMMENT
None.
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RECESS
Mayor Lopez recessed the meeting at 9:03 a.m. The meeting reconvened at 9:10
a.m.
PRESENTATIONS
1. Fiscal Year (FY) 2021-22 Docket II Scholarship Grants Awarded by Vernon
CommUNITY Fund Grant Committee
Recommendation: A. Receive and file the report on grants awarded by the Grant
Committee for FY 2021-22 Docket II; and B. Acknowledge and present certificates
to FY 2021-22 Docket II Scholarship Grant recipients in recognition of their
outstanding academic performance, personal achievement, community
involvement, and leadership.
City Clerk Pope announced the FY 2021-22 Docket II Scholarship Grant recipients.
Mayor Lopez presented the certificates to: Alejandro Hernandez (Applicant #5),
Loyola High School - $4,000; 2. Lucia Langaney (Applicant #11), Maywood Center
for Enriched Studies - $4,000; 3. Jamilex Soto (Applicant #3), Huntington Park
High School - $4,000; 4. Pauly Vega (Applicant #12), Bell Senior High Magnet -
$4,000; and 5. Priscila Villegas (Applicant #4), Huntington Park Institute of Applied
Medicine - $4,000, in recognition of their outstanding academic performance,
personal achievement, community involvement, and leadership.
MOTION
Council Member Ybarra moved and Council Member Merlo seconded a motion to
receive and file the report on grants awarded by the Grant Committee for FY 2021-
22 Docket II. The question was called and the motion carried unanimously.
2. City Administrator Report:
• Sterigenics Update
• Santa Clara Data Center Tour
• New Business Welcome
• Vernon Business Breakfast
• Vernon Police Provide Active Shooter Training
• Vernon Public Utilities Mutual Assistance Network
• Passport Services in Vernon
• Community Engagement
Recommendation:
No action is required by City Council. This is a presentation only.
Al Lopez, Sterigenics, explained company operations.
In response to Council questions, City Administrator Fandino indicated the Vernon
Business Breakfasts would continue. Chief Soussa discussed future active shooter
trainings.
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PUBLIC HEARINGS
3. Truck to Rail Transfer Facilities within the City of Vernon (Continued from
May 3, 2022)
Recommendation: Table consideration of Ordinance No. 1281 amending, adding
and renumbering various sections within Chapter 17 of the Vernon Municipal
Code (VMC) to allow and regulate Truck to Rail Transfer Facilities within the City
of Vernon.
Public Works Director Wall presented the staff report.
Mayor Lopez opened the public hearing. There being no speakers, Mayor Lopez
closed the public hearing.
MOTION
Council Member Ybarra moved and Mayor Lopez seconded a motion to table
consideration of Ordinance No. 1281 amending, adding and renumbering various
sections within Chapter 17 of the Vernon Municipal Code (VMC) to allow and
regulate Truck to Rail Transfer Facilities within the City of Vernon. The question
was called and the motion carried unanimously.
4. Citywide Annual Operating Budget, Capital Improvement Plan and
Appropriations Limit (GANN) for Fiscal Year 2022-2023
Recommendation: A. Adopt Resolution No. 2022-15 approving and adopting the
Annual Operating Budget and Capital Improvement Plan for Fiscal Year 2022-
2023; and B. Adopt Resolution No. 2022-16 adopting the appropriations limit for
Fiscal Year 2022-2023 pursuant to Government Code Section 7910.
Finance Director Williams presented the staff report.
Mayor Lopez opened the public hearing. There being no speakers, Mayor Lopez
closed the public hearing.
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to:
A. Adopt Resolution No. 2022-15 approving and adopting the Annual Operating
Budget and Capital Improvement Plan for Fiscal Year 2022-2023; and B. Adopt
Resolution No. 2022-16 adopting the appropriations limit for Fiscal Year 2022-
2023 pursuant to Government Code Section 7910. The question was called and
the motion carried unanimously.
5. Military Equipment Use Policy
Recommendation: A. Find that the proposed action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General
Rule) of the CEQA Guidelines because it is not a project and because it can be
seen with certainty that there is no possibility that the passage of this Ordinance
will have a significant effect on the environment; B. Introduce and conduct first
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reading of Ordinance No. 1282 adding Chapter 9.06 to Title 9 Public Peace and
Welfare to the Vernon Municipal Code governing the use of military equipment;
and C. Direct staff to schedule second reading and adoption of Ordinance No.
1282 for the June 21, 2022 Regular City Council Meeting.
Police Chief Sousa presented the staff report.
Mayor Lopez opened the public hearing. There being no speakers, Mayor Lopez
closed the public hearing.
MOTION
Council Member Ybarra moved and Mayor Lopez seconded a motion to: A. Find
that the proposed action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines
because it is not a project and because it can be seen with certainty that there is
no possibility that the passage of this Ordinance will have a significant effect on
the environment; B. Introduce and conduct first reading of Ordinance No. 1282
adding Chapter 9.06 to Title 9 Public Peace and Welfare to the Vernon Municipal
Code governing the use of military equipment; and C. Direct staff to schedule
second reading and adoption of Ordinance No. 1282 for the June 21, 2022 Regular
City Council Meeting. The question was called and the motion carried
unanimously.
CONSENT CALENDAR
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to
approve the Consent Calendar. The question was called and the motion carried
unanimously.
The Consent Calendar consisted of the following items:
6. Approval of Minutes
Recommendation: Approve the May 17, 2022 Regular City Council meeting
minutes.
7. Conduct of Meetings via Teleconference Pursuant to Assembly Bill 361
Recommendation: Ratify the findings in Resolution No. 2021-36 authorizing
continued conduct of City Council and all other City legislative body meetings via
teleconference, in accordance with Assembly Bill 361 (AB 361), due to continued
public health and safety concerns caused by COVID-19.
8. Operating Account Warrant Register
Recommendation: Approve Operating Account Warrant Register No. 88, for the
period of May 1 through May 21, 2022, totaling $18,223,971.35 and consisting of
ratification of electronic payments totaling $17,827,674.32 and ratification of the
issuance of early checks totaling $396,297.03.
9. Public Works Department Monthly Report
Recommendation: Receive and file the April 2022 Building Report.
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10. Services Agreement with Tetra Tech, Inc. for Greenhouse Gas Verification
Services
Recommendation: Approve and authorize the City Administrator to execute a
Services Agreement with Tetra Tech, Inc., in substantially the same form as
submitted, for Greenhouse Gas verification services for a total amount not to
exceed $20,500.
11. Motorola Service Agreement and Related Subscriber Agency Agreement
Recommendation: Approve and authorize the City Administrator to execute a
Service Agreement for maintenance and related Subscriber Agency Agreement
not to exceed $77,167.61 for a three-year term.
12. Additional Funds for Fuel Procurement
Recommendation: Approve and authorize additional funds in the amount of
$80,000 to be added to Purchase Order No. 011.0015052 with Merrimac Energy
Group for Fiscal Year 2021-2022.
NEW BUSINESS
13. Project Funded by Senate Bill 1: The Road Repair and Accountability Act of
2017
Recommendation: A. Find that the approval of the proposed resolution does not
constitute at "project" pursuant to Sections 15378(b)(2) and (4) of the Guidelines
to the California Environmental Quality Act (CEQA), because it constitutes an
administrative activity and government funding mechanism that does not involve
any commitment to any specific project which may result in a potentially significant
impact on 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 a
significant effect on the environment; and B. Adopt Resolution No. 2022-17
adopting a project list to be funded by Senate Bill 1: The Road Repair and
Accountability Act of 2017 for Fiscal Year (FY) 2022-2023.
Public Works Director Wall presented the staff report.
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to:
A. Find that the approval of the proposed resolution does not constitute at "project"
pursuant to Sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (CEQA), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on 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 a significant
effect on the environment; and B. Adopt Resolution No. 2022-17 adopting a project
list to be funded by Senate Bill 1: The Road Repair and Accountability Act of 2017
for Fiscal Year (FY) 2022-2023. The question was called and the motion carried
unanimously.
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14. Commission and Committee Appointments
Recommendation: A. Appoint two business representatives to the Business and
Industry Commission (BIC) (terms July 1, 2022 to June 30, 2026); B. Appoint one
employee/labor representative to the BIC (term July 1, 2022 to June 30, 2026); C.
Appoint one real estate representative to the BIC (term July 1, 2022 to June 30,
2026); D. Appoint one business representative to the Vernon CommUNITY Fund
Grant Committee (VCFGC) (term July 1, 2022 to June 30, 2026); E. Appoint one
legislative representative to the VCFGC (term July 1, 2022 to June 30, 2026); F.
Appoint one Vernon area representative to the VCFGC (term July 1, 2022 to June
30, 2026); G. Appoint two business representatives to the Green Vernon
Commission (GVC) (terms July 1, 2022 to June 30, 2026); H. Appoint one
environmental representative to the GVC (term July 1, 2022 to June 30, 2026); I.
Appoint one environmental representative to the GVC (partial term July 1, 2022 to
June 30, 2024); and J. Appoint one employee of a Vernon business to the Vernon
Housing Commission (VHC) (partial term July 1, 2022 to June 30, 2023).
City Clerk Pope presented the staff report.
MOTION
Council Member Ybarra moved and Council Member Lopez seconded a motion to:
A. Appoint Cathy Browne and Duncan Sachdeva as business representatives to
the Business and Industry Commission (BIC) (terms July 1, 2022 to June 30,
2026); B. Appoint Hector Morfin as employee/labor representative to the BIC (term
July 1, 2022 to June 30, 2026); C. Appoint Thomas Condon as real estate
representative to the BIC (term July 1, 2022 to June 30, 2026); D. Appoint Clara
Bustamante as area representative for Vernon CommUNITY Fund Grant
Committee (VCFGC) (term July 1, 2022 to June 30, 2026); E. Appoint Ronit Edry
as business representative to the Vernon CommUNITY Fund Grant Committee
(VCFGC); F. Appoint Mark Gonzales as legislative representative to the VCFGC
(term July 1, 2022 to June 30, 2026); G. Appoint Clara Bustamante and Ronit Edry
as business representatives to the Green Vernon Commission (GVC) (terms July
1, 2022 to June 30, 2026); H. Appoint Cathy Browne as environmental
representative to the GVC (term July 1, 2022 to June 30, 2026); I. Appoint Ron
Daerr as environmental representative to the GVC (partial term July 1, 2022 to
June 30, 2024); and J. Appoint Steve Spanks as employee of a Vernon business
to the Vernon Housing Commission (partial term July 1, 2022 to June 30,
2023).The question was called and the motion carried unanimously.
15. Declaration of Surplus Land
Recommendation: A. Find that approval of the proposed action is exempt from
California Environmental Quality Act (CEQA) review, because the designation of
the property as surplus does not have the potential for creating a significant effect
on the environment and is therefore exempt from further review it is not a “project”
as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution
does not have the potential for resulting in either a direct physical change in the
environment of a reasonably foreseeable indirect physical change in the
environment. If and when the property is sold to a purchaser and the purchaser
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proposes a use for the property that requires a discretionary permit and CEQA
review, that future use and project will be analyzed at the appropriate time in
accordance with CEQA; and B. Adopt Resolution No. 2022-13 declaring pursuant
to Government Code Section 54221 that real property owned by the City of Vernon
located in an unincorporated area of Kern County, is surplus land and not
necessary for the City's use, finding that such declaration is exempt from
environmental review under the California Environmental Quality Act, and taking
related actions.
Finance Director Williams presented the staff report.
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to:
A. Find that approval of the proposed action is exempt from California
Environmental Quality Act (CEQA) review, because the designation of the property
as surplus does not have the potential for creating a significant effect on the
environment and is therefore exempt from further review it is not a “project” as
defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does
not have the potential for resulting in either a direct physical change in the
environment of a reasonably foreseeable indirect physical change in the
environment. If and when the property is sold to a purchaser and the purchaser
proposes a use for the property that requires a discretionary permit and CEQA
review, that future use and project will be analyzed at the appropriate time in
accordance with CEQA; and B. Adopt Resolution No. 2022-13 declaring pursuant
to Government Code Section 54221 that real property owned by the City of Vernon
located in an unincorporated area of Kern County, is surplus land and not
necessary for the City's use, finding that such declaration is exempt from
environmental review under the California Environmental Quality Act, and taking
related actions. The question was called and the motion carried unanimously.
ORAL REPORTS
City Administrator Reports on Activities and other Announcements.
City Administrator Fandino congratulated Vernon City Elementary’s Class of 2022.
He announced the 2022 Graduation and Summer Kick-off on June 9, 2022, 5 p.m.
to 7 p.m.; upcoming Housing Commission meetings and housing lottery; and
Vernon Job Fair on June 23, 2022.
City Council Reports on Activities (including AB 1234), Announcements, or
Directives to Staff.
None.
RECESS
Mayor Lopez recessed the meeting to Closed Session at 10:00 a.m.
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CLOSED SESSION
16. 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 Police
Management Association, and Vernon Police Officers’ Benefit Association
17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2)
Government Code Section 54956.9(d)(1)
Californians for Homeownership, Inc. v. City of Vernon
Los Angeles Superior Court Case No. 22STCP01397
David Moore v. City of Vernon
Workers Compensation Appeals Board Case No. ADJ16019205
18. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1) Title: City Attorney
RECONVENE
At 12:13 p.m., Mayor Lopez adjourned Closed Session and reconvened the regular
meeting.
CLOSED SESSION REPORT
Interim City Attorney Moussa reported that the Council met in Closed Session,
discussed the items on the agenda, and ratified settlement payment in the case of
David Moore v. City of Vernon – Workers Compensation Appeals Board Case No.
ADJ16019205.
ADJOURNMENT
Mayor Lopez adjourned the meeting at 12:13 p.m.
______________________________
LETICIA LOPEZ, Mayor
ATTEST:
_____________________________________
LISA POPE, City Clerk
(seal)
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