Exide: From Brownfield to Classroom

April 28, 2016 by · 1 Comment 

East and southeast Los Angeles County area residents could soon be trained to test for environmental damages like those in their own backyard.

The Department of Toxic Substances Control plans in coming months to roll out a job and development training program open to residents living in the areas impacted by lead contamination from the now shuttered Exide battery recycling plant in Vernon.

“This is truly a unique program and a first for DTSC,” says Ana Mascarenas, assistant director for environmental justice and tribal affairs for DTSC. For once, the “local community can benefit directly and be a part of restorative justice,” Mascarenas told EGP.

The $176.6 million Exide cleanup package signed by Gov. Brown last week includes $1.2 million to train local groups and residents in skills required to take part in the testing and cleanup process.

DTSC, the state regulatory agency overseeing the Exide cleanup, is currently consulting with experts in the job-training field to develop its program, and they will solicit input from the community during an Exide Advisory Committee meeting being held today.

Mascarenas told EGP that DTSC plans to model its program after the California Environmental Protection Agency’s, CalEPA, Brownfields Environmental Workforce Development and Job Training program, which has prepared local residents to clean up contaminated properties while at the same time preparing them for careers in environmental remediation.

“We want this program to prepare residents for green jobs that will help to immediately clean up the neighborhood, while providing a long term [positive] impact for the community’s economy,” Mascarenas said.

Assemblyman Miguel Santiago’s 53rd District includes many of the communities polluted by Exide, and he is the author of the bill funding the Exide cleanup and training program. He told EGP that creating jobs in the state’s third poorest district was an important consideration.

“The least the state can do is offer jobs to the community it dumped on for decades,” he said.

“The community is in desperate need of jobs and must be cleaned up,” he said, explaining the dual benefit to communities like Boyle Heights and Vernon.

The idea to include a clause promoting the use of local businesses and to give local residents the skills needed to be part of the decontamination effort is the results of hours spent listening to constituents testify at Exide-related public hearings, explained Santiago.

“When money is expended, I want to make sure it is expended in the impacted district and used to provide local jobs,” he told EGP.

While details for the training program are still in the works, it’s likely those who sign up will have to commit 12 to 16 weeks to the program, which will include lead awareness classes, certifications and exposure to tools used for remediation.

“These certificates will not be exclusive to just Exide,” said Mascarenas, “they can apply these skills to DTSC cleanup sites across the state.”

Steven Gendel of ThermoFisher Scientific shows eastside residents how to use a portable analyzer to test soil samples.  (Department of Toxic Substances Control)

Steven Gendel of ThermoFisher Scientific shows eastside residents how to use a portable analyzer to test soil samples. (Department of Toxic Substances Control)

Completing the training, however, is not a guarantee for employment, emphasized DTSC, although DTSC and state legislators will stress the importance of hiring those trained through the program to the contractors hired to cleanup residential properties, clarified Mascarenas.

Mark Lopez, executive director for East Yards for Environmental Justice, told EGP the community wants reassurance local hiring is not just promoted but required.

East Yards, together with other community activists, have drafted language detailing their ideal local hire and workforce development program, including a demand that at least 50 percent of all jobs created directly or indirectly by the cleanup effort be performed by local hires, with 20 percent specifically set aside for low-income residents.

Training will vary by position. Some groups will simply be trained to do outreach, something DTSC has been doing for months.

Members of East Yards, for example, have already been going door to door in the communities surrounding the Exide plant to get the access agreements needed to test for lead.

“We want to understand the intimate details involved with the clean up so that we can communicate that to the community,” explained Lopez explained.

Lopez told EGP he would like to see students from the YouthBuild Charter Schools in Boyle Heights and East Los Angeles benefit from the program. As a dropout recovery school, students at YouthBuild often suffer from learning disabilities, circumstances surrounding violence and issues that can be correlated to exposure to lead, he pointed out DTSC expects to have cleaned up 250 homes by June, using funds previously obtained from Exide and the state. The agency is waiting on the results of a still to be conducted environmental impact report before it continues with the cleanup of 2,500 additional homes, hopefully beginning sometime next spring.

Over 40 eastside residents have already been trained and certified to operate the XRF devices being used to sample soil on properties near Exide.

DTSC says it wants to have hundreds of local residents trained and ready to start when remediation, which could take at last two years, gets underway. Soil testing will continue in the meantime, Mascarenas said.

The Exide plant was permanently closed March 2015 after operating for decades on a temporary permit, even after repeatedly being found to have exposed more than 100,000 people to dangerous levels of lead, arsenic and other chemicals and collecting dozens of hazardous waste violations.

“In many ways, this will help to remediate the damage done to the community,” acknowledges Lopez.

Gov. Brown Signs Legislation to Fund Exide Clean-Up

April 21, 2016 by · Leave a Comment 

Gov. Jerry Brown signed legislation today providing $176.6 million in funding for environmental testing and cleanup work in neighborhoods surrounding the now-shuttered Exide Technologies battery-recycling plant in Vernon.

“Children should be able to play in yards free from toxics,” Brown said. “With this funding plan, we’re doubling down on efforts to protect the community and hold Exide responsible.”

State officials said the funding would pay for testing of residential properties, schools, day care centers and parks within a 1.7-mile radius of the plant, and fund cleaning of as many as 2,500 properties with the highest lead levels.

There was no immediate word on when the effort would begin or how long it would take. The cleanup effort is subject to an environmental review under the California Environmental Quality Act.

Assembly Majority Whip Miguel Santiago applauded Gov. Brown for signing the Exide Clean-Up Package comprised of Assembly Bill 118 and Senate Bill 93.

“The Exide Technologies facility has been able to pollute my community unabated for more than 33 years, which is entirely inexcusable,” said Santiago, author of AB 118.

“Today’s action is an historic step toward fully resolving this appalling situation; but make no mistake – our work is not done here.”

The Exide plant permanently closed in March 2015. When Exide agreed to close the lead-acid battery recycling plant, it committed to pay $50 million for cleanup of the site and surrounding neighborhoods. Of that amount, $26 million is meant to be set aside for residential cleanup.

A crew from the Department of Toxic Substances Control cleans a home in East Los Angeles Wednesday. (Department of Toxic Substances Control)

A crew from the Department of Toxic Substances Control cleans a home in East Los Angeles Wednesday. (Department of Toxic Substances Control)

As of last August, Exide, which filed for bankruptcy in 2013, had paid $9 million into a trust and another $5 million was due to be paid by March 2020, according to state officials.

Rep. Xavier Becerra, D-Los Angeles, called for a fast start to the state’s cleanup efforts.

“We’ve heard the distressing news recently that children living near the closed Exide plant had elevated blood lead levels so there’s no time to waste,” he said. “… I will continue working closely with state and local partners so that the testing and cleanup of homes moves forward expeditiously
and above all, in partnership with the families impacted by the lead contamination. We shouldn’t lose focus of what’s at stake here – restoring a clean and safe environment for our families.”

Mayor Eric Garcetti released a Spanish-language public service announcement, also featuring actress Angelica Vale, urging residents near the plant to have their property tested, and to undergo blood-lead level testing.

“My office will do everything possible to help the (Department of Toxic Substances Control) expedite the cleanup,” Garcetti said. “Identifying the areas and the people affected by lead contamination is a critical first step.”

The city of Commerce, in conjunction with the County health department, will be conducting free confidential lead blood testing at Rosewood Park from 9a.m. to 3p.m. during the annual Kids Are Cute Baby Show. The park is located at 5600 Harbor St. Commerce 90040. For more information, call (323) 722-4805.

EGP staff writers contributed to this report.

Write-In Candidate Upends Vernon Election

April 21, 2016 by · Leave a Comment 

In an unexpected turn of events, a write-in candidate has beat out a longtime councilman for a seat on the Vernon City Council.

Leticia Lopez, 32, made Vernon history April 12 when she beat out Mayor W. Michael McCormick by two votes.

City Clerk Maria E. Ayala and a four-member election canvassing board declared Lopez the winner Monday following a final canvass of 7 outstanding ballots. Lopez received 21 votes to McCormick’s 14. A second write-in candidate, David J. Ybarra, received one vote.

McCormick served on the council for 42 years.

It was a big departure from past elections where candidates often ran unopposed.

“I went door to door to talk to neighbors,” Lopez told EGP, explaining her victory. “I asked them about their concerns and dreams for the city and told them this wasn’t the first and last time they would see me: I would come back.”

On Tuesday, Lopez joined Councilmembers Melissa Ybarra, Luz Martinez and newly appointed Mayor Pro Tem Yvette Woodruff-Perez and Mayor William “Bill” Davis behind the dais and will serve a five-year term. Woodruff-Perez is the first woman to serve as Vernon’s Mayor Pro Tem.

For years, the five-person council was made up entirely of men. Now women – all Latinas — have four of the five seats, leading one department head to appropriately refer to the council as “mayor and councilwomen.”

Marisa Olguin, president and C.E.O. of the Vernon Chamber of Commerce, told EGP the results of the election are “historic and groundbreaking.”

For the first time in Vernon’s history, four of the five-member City Council are women. (EGP Photo by Nancy Martinez )

For the first time in Vernon’s history, four of the five-member City Council are women. (EGP Photo by Nancy Martinez )

“It really symbolizes the changes happening,” she said. “Residents are voting for change.”
Lopez, a family advocate assigned to the Human Services Association’s Head Start program, told EGP she ultimately decided to run to be an advocate at home.

Lopez has a Bachelors Degree in Human Development from Cal State Long Beach and is currently working on her masters at Pacific Oaks College.

“I wanted to be a voice for residents,” she said. “I want to form a community, a medium for industry, employees and neighbors.”

Lopez lived in nearby Huntington Park before moving into a home adjacent to Vernon City Hall two years ago. The mother of two says she and her husband have kept an eye on the issues brought on by the now shuttered Exide plant in Vernon.

“[Exide] has impacted my life,” she said. “I don’t let my children play in the backyard,” she pointed out.

Lopez plans to monitor state funds coming in to help expedite the cleanup and says she hopes to join Ybarra’s efforts to make the city itself more family-friendly, perhaps by opening a public park.

Lopez told EGP she is somewhat familiar with the industrial city’s dark past, but has seen the city become more transparent in recent years.

“I’m coming with a fresh, positive outlook and I want a clear mind free of negativity so that I make the best decisions for my city now,” she said adamantly.

“These are exciting times here in Vernon with the new vision and new direction it is going in,” said City Administrator Carlos R. Fandino Tuesday, welcoming Lopez to the “Vernon family.”

Noting the number of fresh faces on the council and new department heads, Fandino suggested the city consider holding a retreat to discuss their vision for Vernon.

Former California Attorney General and Los Angeles District Attorney John Van de Kamp joined the city as its independent reform monitor in 2011 and now serves as Vernon’s Independent Special Counsel, and says, “Vernon has really turned a new leaf.”

“All these tremendous changes are very healthy,” he told EGP.

Van de Kamp believes the biggest issue facing the new council is how to handle pension liabilities and still balance the budget. In an often-repeated refrain, he said councilmembers “need to ask questions. They must make sure the city is on its path to meet the needs of the businesses and residents,” he explained.

While the total number of votes cast might not generate much celebration outside Vernon, Ayala said she is proud of Vernon’s 51 percent voter turnout. The city has been working on increasing its electorate, going as far as building new housing to increase the voter pool. This election marked the first time those new voters had a chance to cast a ballot.

Yet, while the city’s population has doubled, voter registrations only increased by six since the last election. Van de Kamp told EGP he has not seen as many registered voters from the new Vernon Village Park as he would like.

“Looking ahead, we must continue to do outreach with the electorate,” Ayala acknowledged.

Correction 12:50 p.m. April 28, 2016 An earlier version of this story mistakenly identified Yvette Woodruff-Perez as Lyvette. The article also inaccurately stated that 36 out of the 72 registered voters reflected the voter turnout when in fact it related to the ballots counted.

Write-In Candidate Leading in Vernon Race

April 14, 2016 by · Leave a Comment 

Two votes may make the difference in Vernon’s latest election, according to a preliminary vote count that has a write-in candidate leading a longtime sitting councilman.

Leticia Lopez received 15 votes, while Mayor W. Michael McCormick received 13 votes, according to the unofficial vote tally. A second write-in candidate, David J. Ibarra, received one vote during Tuesday’s city council race.

Vernon uses a vote-by-mail format for all its elections, and according to the city clerk’s office, 33 of 72 potential vote-by-mail ballots were received by Tuesday, Election Day. One ballot was disallowed because it was missing the voter signature and three ballots are pending voter signature verification.

If Lopez is declared the winner, four of the five Vernon council members will be Latina, a first in the industrial city’s history.

A final vote canvass of all outstanding and pending ballots, including those that were postmarked by the April 12 deadline, will be conducted on Monday, April 18 at 1 p.m.

McCormick has served on Vernon’s City Council since 1974.

Study Finds Children Living Near Exide Have Higher Levels of Lead in Blood

April 8, 2016 by · Leave a Comment 

Children who live near the former Exide Technologies battery-recycling plant in Vernon have higher levels of lead in their blood than those who live farther away, according to a report released today by state health officials, who said the age of the homes the children live in was also a
contributing factor.

The study performed by the state Department of Public Health at the request of the Department of Toxic Substances Control, found that children under age 6 who lived near the plant were likely to have more lead in their blood than children in Los Angeles County overall.

According to the study, 3.58 percent of young children who live within a mile of the plant had levels of 4.5 micrograms of lead or more per deciliter of blood. Among children who lived between one and 4.5 miles of the plant, 2.41 percent had 4.5 micrograms or more, the study found.

By comparison, only 1.95 percent of children countywide had such levels of lead in their blood in 2012, state officials said.

According to DTSC, the U.S. Centers for Disease Control and Prevention considers 5 micrograms or greater to be an indicator of significantly high lead levels requiring public health action. California’s baseline, however, is 4.5 micrograms.

Although the study focused on proximity to the plant, researchers found that the age of housing was a contributing factor to lead levels, noting that homes closer to the facility tend to be older. The age of housing is significant, since lead levels in paint were not regulated until 1978.

According to the study, 3.11 percent of young children living near Exide in homes built before 1940 had elevated blood lead levels, while only 1.87 percent of children near the plant in homes built after 1940 had elevated levels.

The Exide plant permanently closed in March 2015. When Exide agreed to close the lead-acid battery recycling plant, it committed to pay $50 million for cleanup of the site and surrounding neighborhoods. Of that amount, $26 million is meant to be set aside for residential cleanup.

As of last August, Exide, which filed for bankruptcy in 2013, had paid $9 million into a trust and another $5 million was due to be paid by March 2020, according to state officials.

Gov. Jerry Brown has proposed spending $176.6 million for further testing
and environmental cleanup of the area surrounding the plant. The state Senate approved the funding on Thursday. The issue will now go before the Assembly.

State officials said the funding would pay for testing of residential properties, schools, day care centers and parks within a 1.7-mile radius of the plant, and fund cleaning of as many as 2,500 properties with the highest lead levels.

Lawmakers Move Bills for Exide Cleanup

April 7, 2016 by · Leave a Comment 

When Teresa Marquez first heard that Gov. Jerry Brown was proposing $176.6 million to expedite and expand the cleanup of homes and other properties contaminated by a now-shuttered lead-acid battery recycling plant, she told herself and others, “I won’t believe it, until I see it.”

It’s been nearly two months since state lawmakers assured residents they would within two weeks introduce “urgency legislation” to appropriate the funding proposed by Brown, a commitment they made good on Wednesday with the introduction of the “Exide Clean-Up Package” in the Assembly and Senate.

Lea este artículo en Español: Legisladores Avanzan con la Limpieza de Exide

Under AB 118, authored by Majority Whip Assemblyman Miguel Santiago, and the Senate version authored by Senate President Pro Tempore Kevin de Leon, SB 93, the state would immediately appropriate a $176.6 million loan to the Department of Toxic Substances Control to be used for cleanup of east and southeast communities contaminated with lead and other toxic chemicals by the Exide plant in Vernon.

The bills are expected to land on the governor’s desk by the end of next week, and all accounts are that he will sign it.

“This is an aggressive bill and timeline,” said Santiago, who kicked off the process by talking up the merits of the bills during a special meeting of a budget subcommittee Wednesday morning.

“I stand by my original statement that we are looking for the fasted, highest quality process to speed up the cleanup efforts,” Santiago told EGP Wednesday. The assemblyman, who represents most of the communities contaminated by the Exide plant, including Boyle Heights, East Los Angeles, Vernon, Maywood and Huntington Park, was a regular face at DTSC hearings and meetings.

His bill, AB 118, gives DTSC access to the funds through June 2018, a date which Santiago’s chief of staff, Jackie Koenig, told EGP is included as a budget mechanism, explaining funds will still be available to DTSC after the 2018 date if needed.

The multi-million dollar loan can only be used for cleanup related activities, including testing and the CEQA environmental review process, as well as for job training of local hires and any costs related to the recovery of the funds from potentially responsible parties, including Exide.

It also mandates that DSTC keep the public informed of its progress by regularly posting on its website the number of property access agreements received, properties sampled and properties remedied. The state regulatory agency will also be required to update state legislators on the cleanup effort and provide a summary of their findings during DTSC’s annual funding requests.

A DTSC crew cleans a home at East Los Angeles. (Department of Toxic Substances Control)

A DTSC crew cleans a home at East Los Angeles. (Department of Toxic Substances Control)

DTSC is preparing to begin the environmental impact report (EIR) process and hopes to begin the cleanup of residential properties, schools, daycare centers and parks in the 1.7-mile radius surrounding the battery recycling plant by late spring 2017. The EIR is required under the California Environmental Quality Act (CEQA), which mandates state and local agencies identify significant environmental impacts and mitigation to the community.

Initially, there was a proposal to exempt the community cleanup from the CEQA process out of concern that it could further stall the process to remove lead, arsenic, and other potentially dangerous chemicals from area homes and other properties.

However, last week, DTSC Director Barbara Lee, speaking to the Assembly Budget Subcommittee for Resources and Transportation, said it’s the wish of community leaders and environmental groups to not exempt the Exide cleanup from CEQA process. The initial thinking was to give the cleanup the highest priority as quickly, effectively and safely as possible, she said.

The environmental review process will begin in early May with a 30-day public review of the notice of preparation, followed by a public scoping meeting later that month, according to DTSC. The agency estimates it will release a draft EIR sometime in October. Assuming no extensions are granted, the public will have 45 days to comment on the DEIR in writing or during a public hearing. DTSC estimates it could release a final EIR for public review sometime in March 2017 and certify the document in by April, if there are no delays.

The state agency is currently sampling and cleaning properties using the $7 million it received from Exide last summer. The CEQA process would not effect future testing, which would continue while the EIR is being approved, according to DTSC.

“The administration remains open to working with community leaders and the legislature to explore ways to expedite the CEQA review,” Lee told the committee last week. “The health and safety of this community – especially the youngest and most vulnerable in it – has to be our top priority.”

Congressman Xavier Becerra, who also serves the impacted areas and serves as Chairman of the Democratic Caucus, applauded Governor Brown’s recent decision not to exempt the Exide lead cleanup from the CEQA review process.

“The Governor did the right thing by respecting the will of the residents impacted by the contamination. They deserve to have the cleanup, remediation and oversight done in a way that gains their trust and confidence after years of neglect,” he said.  “While it’s important to promptly undertake all the measures necessary to restore a clean and safe environment for the families, the work must be done, first and foremost, in partnership with the families who must live through this.”

DTSC now says it will use information from the California Department of Public Health, which conducted blood tests to determine the levels of lead in children living in the areas surrounding the Vernon plan, to “refine and target our testing and cleanup.”

To date, over 1000 properties in the area surrounding Exide have been sampled and over 200 properties have been cleaned, according to DTSC.

Marquez believes that is still too little, too late.

“I don’t know why it’s taken so long, you would think by now they would be further along,” she said.

“Children are being poisoned,” she emphasized. “We want it done yesterday.”

Santiago agrees and says he is concerned that the remediation process could be prolonged.

“Every day we wait is a day our community doesn’t get justice,” he told EGP.

DTSC should have taken good notes throughout the dozens of public meetings conducted on the issue, Santiago told EGP, referring to testimony already available on the impact of Exide’s toxic polluting as well as concerns about potential risks during the cleanup process.

“We need to make sure we get this right on the front end so we don’t run into the same problems,” he said.

“I can assure all the red tape will be torn down and the neighborhoods will be cleaned up.”

Update 11:45 a.m. This post has been updated to include a statement from Congressman Xavier Becerra.


Twitter @nancyreporting


Women Shaping Vernon of the Future

March 24, 2016 by · Leave a Comment 

Like some of its neighbors in east and southeast Los Angeles County, women now outnumber men on the Vernon City Council.

The three women on the five member council were all elected during a time of transition in the city, which has spent the last several years trying to move past its reputation as a place mired in corruption and pollution.

“Vernon is changing,” says Councilwoman Melissa Ybarra with pride. “It’s going in a new direction that five or ten years ago nobody believed it could.”

Ybarra, 38, was elected in March 2015 to fill out the remainder of the term left vacant by the unexpected death of her father, Michael A. Ybarra.

“I was nervous” when I first took office, she told EGP.

“Same here,” chimes in Councilwoman Yvette Woodruff-Perez, 35.

She joined Councilmembers Ybarra, Luz Martinez, W. Michael McCormick and William ‘Bill’ Davis on the dais in April 2015. Her election was history making in the city, marking the first time the city council would be dominated by women – all Latinas.

“I love the fact that female residents can step up and lead and not be intimated,” Woodruff-Perez said.

Like some of it’s neighboring cities, Vernon’s past has been riddled with political corruption. Highly industrial, with more manufacturing, warehousing, animal rendering plants and other types of industry than people living in the city, Vernon was at every level very much a man’s world. Including the all male city council that for years just rubber-stamped staff recommendations without questions.

But that’s all changed, according to Ybarra and Woodruff-Perez, who during their short time in office have changed the tone of the city council from quiet and trusting, to more questioning and willing to direct staff, rather than the other way around.

Woodruff-Perez recalls that at age 5 she was translating for her parents who only spoke Spanish.

“I carried that with me, and learned if you speak up people listen.”

Ybarrra has been vocal about the need for more housing, like the fairly recently opened Vernon Village Park, which doubled the city’s population and was key to good governance reform. Now she wants to bring businesses and residents closer together as one community, and to get it done before her she comes up for reelection next spring.

“There always seems to be a line between the residents and the businesses,” she noted. “That’s why we need more community involvement.”

Councilwoman Yvette Woodroof-Perez, left, and Melissa Ybarra, right, represent Vernon’s new generation of leaders. (EGP photo by Nancy Martinez)

Councilwoman Yvette Woodroof-Perez, left, and Melissa Ybarra, right, represent Vernon’s new generation of leaders. (EGP photo by Nancy Martinez)

The two councilwoman would like to see more recreational and cultural opportunities for the city’s 200 or so residents living near the State Route 710. A community-based marathon, art, music and fitness classes are a few of their suggestions. They’d also like to develop scholarship and resident recognition programs and perhaps open a pocket park.

“Vernon should be a place where people choose to go instead of sitting in traffic,” Woodruff-Perez said.

That’s where businesses come in, she said, pointing out the number of businesses that could make a variety of public-private partnerships possible. If the city, for example, wanted to take part in the Rose Parade, there are a number of steel companies that would surely donate and volunteer, she suggested.

But some of the city’s businesses have also hurt Vernon’s reputations with its neighbors, who accuse the city of only caring about what’s good for business and not the community at large.

Communication is key to repairing those damaged relationships, according to Ybarra, who says she always keeps lines of communication open.

“If [residents] want to know something and have questions I will gladly talk to them.”

A health fair is another way to bring Vernon residents and their neighbors together, suggests Woodruff-Perez, whose background is in nursing.

“We want them to know that we do care as a city,” added Ybarra.

When it comes to politics, Woodruff-Perez told EGP she wants the three women on the council to use their platform to educate and motivate people to run for office. For years, most of Vernon’s elections were uncontested. The April 12 council election was in danger of going down that same road, but it now appears Leticia Lopez will challenge longtime council member, Mayor W. Michael McCormick, as a write-in candidate.

Vernon’s Independent Special Counsel, former Attorney General and Los Angeles District Attorney John Van de Kamp acknowledges the city is going through a “major transition.” The city has implemented 150 good governance reforms since 2011 when it was nearly disincorporated amid charges of misappropriation of funds, voter fraud and excessive executive salaries.

“This was something I wanted to be a part of,” explains Ybarra, as she looks toward the future. “It gives me a sense of pride knowing I’m doing this not just for the future of my kids but for the city.”

Vernon To Hold Election April 12

March 24, 2016 by · Leave a Comment 

Vernon’s longest sitting councilmember will run against a write in candidate April 12.

Mayor W. Michael McCormick will face Leticia Lopez.

McCormick has served on the Vernon council since 1974. A change in term limits in 2011 limits councilmembers to two five-year term in office, with a lifetime ban thereafter. Any terms in office served before the measure was approved did not apply toward the two-term limit.

McCormick was re-elected seven months before the term limits were in effect. If re-elected, he has the opportunity to seek an additional 5-year term in 2021.

Voters must submit their vote-by-mail ballot to the city clerk’s office in city hall by 5p.m. Tuesday, April 12. There are 65 registered voters in Vernon, only 35 ballots were cast in the last election.

Correction 5:30 p.m. March 30, 2016 An earlier version of this story incorrectly stated the election marks the last time Mayor W. Michael McCormick is eligible to run for re-election.

Vernon Appoints New City Administrator

March 17, 2016 by · Leave a Comment 

The former Director of Vernon Gas and Electric was appointed to serve as city administrator Tuesday.

The city council appointed Carlos R. Fandino to take over the position held by Mark Whitworth before his abrupt retirement late last year.

“Vernon is one of the most important industrial engines in L.A. County for business, economic and job development,” said Fandino.

“I’m honored and gratified to have been chosen…to lead our city through its next exciting phase,”

As director of the municipal-owned utility, Fandino worked on complex financial transactions, bond financing, department budgets and obtained an understanding of Vernon’s infrastructure needs he said would allow him to “hit the ground running.”

Carlos R. Fandino, left, was sworn-in as Vernon city administrator by Vernon City Clerk Maria Ayala during Tuesday’s city council meeting. (City of Vernon)

Carlos R. Fandino, left, was sworn-in as Vernon city administrator by Vernon City Clerk Maria Ayala during Tuesday’s city council meeting. (City of Vernon)

Vernon Chamber President and CEO Marisa Olguin said the chamber is pleased with the selection.

“Carlos Fandino has a strong record of municipal utility experience that fits well for the business community,” said Olguin.

Over 50 candidates applied for the position. Two Vernon Chamber board members, Vernon Independent Reform monitor and former Attorney General John Van de Kamp, interim city administrator AJ Wilson and two outside retired city managers, conducted panel interviews.

Fandino began his career in the public sector in 1989 with Vernon, serving in various positions. He was part of the original team that negotiated a settlement with Southern California Edison (SCE) to reinstate the city’s power system operating rights. As city administrator, he will receive a minimum annual salary of $279,468.

Fandino is a U.S. Marine Corps veteran and decorated reservist. He graduated magna cum laude with a bachelor’s degree in Business & Management from Woodbury University. He is married and the father to three college-age young adults.

Activists Call Funds For Exide Cleanup Just the ‘First Step’

February 25, 2016 by · Leave a Comment 

When the Exide acid-lead battery recycling plant in Vernon finally closed last spring residents exposed to the plant’s toxic pollution celebrated, mistakenly believing their battle for justice was over.

It’s not a mistake they will make again, several Boyle Heights residents told EGP following the long-awaited announcement by Gov. Brown and state officials last week that nearly $177 million in state revenue will be allocated to pay for testing and cleanup of properties contaminated with lead, arsenic and other toxic chemicals spread through emissions from the plant.

“I can’t believe it, it’s like winning the lottery for the community,” said an elated Teresa Marquez of Boyle Heights before cautioning more money will be needed to fully clean contaminated homes.

Terry Cano’s Boyle Heights home has been found to have unsafe levels of lead but not yet decontaminated. She said she will not be happy “until it’s all set in stone.”

Rev. Monsignor John Moretta of Resurrection Church told EGP the community wrongly believed they could rely on the Department of Toxic Substances Control to quickly start testing and decontaminating homes. Instead, he said, they grew increasingly frustrated by how slowly the agency was moving.

Following the closure of the recycling plant, residents and environmental activists – from Boyle Heights, Commerce, Huntington Park, Bell, East Los Angeles and Maywood —angrily demanded that the DTSC and elected officials do more to help residents harmed by Exide, namely allocating state money to speed up the process.

It would take nearly a year, and hundreds of hours of public testimony at hearings and untold number of letters to state, national and local elected officials for the governor to finally act.

Mostly it took the Porter Ranch SoCal Gas Co. gas leak catastrophe to shine a light on California’s double standard when it comes to protecting the health and wellbeing of its poorer residents of colors than those who are more affluent and white.

 Rev. Monsignor John Moretta, center, joins elected officials at a news conference Friday. (EGP photo by Nancy Martinez)

Rev. Monsignor John Moretta, center, joins elected officials at a news conference Friday. (EGP photo by Nancy Martinez)

The $176.6 loan to DTSC from the state’s general fund will be used to expedite and expand testing and cleanup of residential properties, schools, daycare centers and parks in the 1.7-mile radius surrounding the Vernon plant.

It’s not a small chunck of change, but Marquez points out it will only cover about half of what the cleanup – possibly the most expensive in California history – is expected to cost.

Two days following the announcement of the governor’s funding plan, half a dozen state and local elected officials, all them Latino, held a press conference at Resurrection Church in Boyle Heights to tout their roles in securing funds and to recognize the community’s most vocal residents for standing up against an environmental injustice, forcing the governor to take action.

“I want to thank the governor for recognizing the health crisis, but it was mostly the dedication and determination of community organizers and residents who have rightfully demanded a safe and healthy environment for their families that has brought us to this point,” proclaimed Senate Pro Tem Kevin de Leon, pointing to residents and activist at his side and in the audience as the real heroes in the long-playing Exide battle.

“This whole fight has been for the babies of the eastside,” said Mark Lopez, executive director for East Yards For Environmental Justice. “It is now looking a lot healthier and safer.”

Although happy money is at last forthcoming, many people, including de Leon and Lopez, question whether DTSC can be trusted to handle the catastrophe moving forward. De Leon said that concern would be part of the negotiations with the governor over funding details.

For Cano, the solution is for the “federal government to take DTSC out of the equation and handle it themselves.”

They point out that the department of toxic substances control bares much of the blame for allowing Exide to operate for decades on a temporary permit, even after repeatedly being found to have exposed more than 100,000 people to dangerous levels of lead, arsenic and other chemicals and collecting dozens of hazardous waste violations.

Last week, on the eve of the funding announcement, Dr. Jim Wells, technical advisor to DTSC’s Exide Community Advisory Group, said he believes the extent of the contamination goes beyond the 1.7 miles currently being investigated by the regulatory agency. At the meeting, Wells and Jane Williams – executive director of California Community Against Toxics – told DTSC Director Barbara Lee and AQMD Executive Director Barry R. Wallerstein that the time has come to get an accurate representation of the magnitude of the impacted area.

“We know it’s neglectful and criminal for them to not act in a timely manner to extend the impacted area further,” said Cano, whose brother has been diagnosed with terminal cancer. “All the while we [residents] are the ones that have to pay for this.

As it stands now, according to DTSC, the proposed $176.6M would allow for testing of 10,000 properties by July 2017, and an estimated cleanup of 2500 homes by July 2018.

State officials say they will seek reimbursement from Exide for the multi-million dollar loan to DTSC. The company’s closure agreement with the U.S. Attorney – in lieu of criminal charges – requires the company to cover the entire cost of the cleanup, but Exide has filed for bankruptcy and residents and elected officials worry the company – which has shuttered and left behind contaminated plants in Connecticut, Indiana, Louisiana, Pennsylvania and Texas – will get away with “murder.”

Exide’s bankruptcy status protects the company from non-criminal lawsuits.

“They [regulators] had more than enough reason to close the plant down, why did they need this agreement,” questions Cano. “We had a right to sue and that right was taken away from us” by the federal agreement.

Assemblymembers Cristina Garcia and Miguel Santiago plan to introduce legislation to mandate a fee on car batteries sold in California to pay for the Exide cleanup. The measure would create a state mandated Lead-Acid (Car) Battery Recycling program, and have $1 of every fee go to re-pay the $176.6 million loan and any other industry contamination.

“We matter we are not going to wait any longer,” for cleanup, Garcia told EGP. “We shouldn’t be punished for our zip code.”1

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