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2014-08-05 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 5, 2014, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez, and Ybarra MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor McCormick; Edward Brambila of Maywood Academy High School led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that there are no changes to the agenda. PUBLIC COMMENT Mayor McCormick 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 be given an opportunity to comment on matters on the posted agenda during Council deliberation. No one responded. PRESENTATIONS 1. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Kevin Orvil Monge for his service and support of his community. 2. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Kristian Emiliano Vasquez for his service and support of his community. Mayor McCormick presented Kevin Orvil Monge with a Proclamation for his service and support to the community. Mayor McCormick announced that Kristian Emiliano Vasquez was not present to accept his Proclamation. PUBLIC HEARINGS 3. Consider Vernon’s conformance to the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority. Resolution No. 2014-49 - A Resolution of the City Council of the City of Vernon finding the City of Vernon to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report, in accordance with California Government Code Section 65089. Recommendation: (1) Find that approval of the 2014 CMP Local Development Report is statutorily exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15276, which expressly exempts the preparation and adoption of a congestion management program and categorically exempt pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility that approving the report may have a significant effect on the environment; and (2) Adopt a resolution self-certifying the City’s compliance with the Congestion Management Program requirements and adopt the 2014 CMP Local Development Report in accordance with California Government Code Section 65089. Regular City Council Meeting Minutes August 5, 2014 Page 2 of 7 At 9:04 a.m. Mayor McCormick opened the public hearing to consider Vernon’s conformance to the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority. Director of Public Works, Water, and Development Services Kevin Wilson provided an oral report and recommended the adoption and approval of the resolution certifying the City’s compliance with the Congestion Management Program. Mayor McCormick opened the public comment portion of the public hearing. With no public comment or questions to the staff, at 9:08 a.m. the public hearing was closed. Wilson additionally noted risks should the certification not be adopted. It was moved by Davis and seconded by Maisano to approve Resolution No. 2014-49. Motion carried, 5-0 CONSENT CALENDAR It was moved by Maisano and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion. Motion carried, 5-0. Claims Against the City – Received and Filed 4. Claim for Damages received on July 17, 2014, from Pacific Bell/ AT&T, in an amount to be determined. Minutes – To be Received and Filed 5. Minutes of the Special and Regular City Council Meeting held June 17, 2014. 6. Minutes of the Special Joint City Council and Successor Agency Meeting held July 1, 2014. 7. Minutes of the Regular City Council Meeting held July 1, 2014. 8. Minutes of the Regular City Council Meeting held July 15, 2014. Warrant Registers 9. Ratification of the following City Warrant Registers to record the following voided checks: a. City Warrant Register No. 1403 to record voided Check No. 344615 in the amount of $150.00; and b. City Warrant Register No. 1399 to record voided Check No. 344002 in the amount of $75.00; and c. City Warrant Register No. 1398 to record voided Check No. 343858 in the amount of $440.00. 10. Ratification of Light & Power Warrant Register No. 365 to record voided Check No. 510738 in the amount of $45.58. 11. Approval of City Warrant Register No. 1405, totaling $2,316,638.77, which covers the period of July 8, through July 28, 2014, and consists of the following: a. Ratification of wire transfers totaling $1,421,176.32; and b. Ratification of the issuance of early checks totaling $627,965.22; and c. Authorization to issue pending checks totaling $267,497.23. Regular City Council Meeting Minutes August 5, 2014 Page 3 of 7 12. Approval of Light & Power Warrant Register No. 370, totaling $5,648,025.15, which covers the period of July 8, through July 28, 2014, and consists of the following: a. Ratification of wire transfers totaling $5,514,440.38; and b. Ratification of the issuance of early checks totaling $36,241.49; and c. Authorization to issue pending checks totaling $97,343.28. 13. Approval of Gas Warrant Register No. 158, totaling $2,805,103.98, which covers the period of July 8, through July 28, 2014, and consists of the following: a. Ratification of wire transfers totaling $2,745,124.83; and b. Ratification of the issuance of early checks totaling $29,412.07; and c. Authorization to issue pending checks totaling $30,567.08. Fire Department 14. Activity Report for the period of July 1, through July 15, 2014, to be received and filed. 15. Resolution No. 2014-50 - A Resolution of the City Council of the City of Vernon approving and adopting an updated General Fee Schedule. Recommendation: (1) Approve a resolution to, among other things, amend Exhibit A of the City’s General Fee Schedule to remove the existing false security alarm fee for the second false alarm response within a fiscal year. The lack of a fee for the first false alarm would continue, and the fees for third and each subsequent false alarm response would remain unaffected. The resolution would also find that the revision to the false security alarm fee is exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. Gas and Electric Department 16. April 2014 Vernon Gas and Electric Resource Procurement Report, to be received and filed. Health and Environmental Control Department 17. Approval of a Services Agreement with KJServices Environmental Consulting for Program Management and Implementation Services. Recommendation: (1) Find that approval of the proposed Services Agreement with KJServices Environmental Consulting is exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the City Administrator to enter into a Services Agreement between the City of Vernon and KJServices Environmental Consulting in substantially the same form as submitted with the staff report, for the period of August 1, 2014 through October 31, 2016, in an amount not to exceed $100,780.00. It is further recommended that the City Council find that “the bests interests of the City are served by a direct award of the contract without a competitive selection process” and that it would be “commercially unreasonable” to re-bid those portions of this contract that have continued to have been awarded to KJServices Environmental Consulting since 1998. Regular City Council Meeting Minutes August 5, 2014 Page 4 of 7 Police Department 18. Activity Log and Statistical Summary of Arrest and Activities for the period of July 1, through July 15, 2014, to be received and filed. NEW BUSINESS Public Works, Water and Development Services Department 19. Resolution No. 2014-51 - A Resolution of the City Council of the City of Vernon declaring a Phase I Water Supply Shortage pursuant to Section 25.103 of the Vernon Municipal Code. Recommendation: (1) Find that declaring a Phase I Water Supply Shortage pursuant to Vernon Municipal Code § 25.103 is exempt under the California Environmental Quality Act (“CEQA”) in accordance with (a) CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (b) Section 15307, because it is an action taken by a regulatory agency to assure the “maintenance, restoration, or enhancement” of natural resources and includes procedures to protect the environment; and (2) Adopt the resolution declaring a Phase I Water Supply Shortage pursuant to Vernon Municipal Code Section 25.103. Director of Public Works, Water and Development Services, Kevin Wilson conducted the presentation and requested the adoption of the proposed resolution. Wilson advised that it is anticipated that the implementation would not have a significant impact on the business community. In response to Councilmember Ybarra, Wilson addressed concerns regarding customer notification. In response to Mayor Pro-Tem Davis’ inquiry on penalties, Wilson explained that the objective is compliance; public education on the issue will first be conducted before it escalates to penalties. It was moved by Martinez and seconded by Davis to approve Resolution No. 2014-51, Motion carried, 5-0 20. Approval to Advertise for Contract No. CS-0428: Office Reconfiguration of City Administration, City Attorney and Human Resources Departments. Recommendation: (1) Find that the proposed Capital Improvement is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301, Existing Facilities, part (a), because the project is merely to make interior or exterior alterations involving interior partitions, plumbing, and electrical conveyances; and (2) Approve Contract No. CS-0428 and grant authority to advertise for bids for the Office Reconfiguration of City Administration, City Attorney and Human Resources Departments, based upon the City’s standard public works bidding package. Director of Public Works, Water and Development Services Kevin Wilson conducted the oral report on the proposed office configuration bid request. Councilmember Ybarra expressed concerns with the project cost and inquired whether staff considered other options. In response, Wilson reported on the alternatives. City Administrator Mark Whitworth explained the need for the office reconfiguration. Regular City Council Meeting Minutes August 5, 2014 Page 5 of 7 Independent Reform Monitor John Van de Kamp recommended that the project be implemented in two phases over two fiscal years in order to address budget concerns. Wilson confirmed for Councilmember Maisano that sufficient funds have been budgeted with the current fiscal year. It was moved by Maisano and seconded by Martinez to approve the advertisement for Contract No. CS-0428 for the office reconfiguration. Motion carried, 4-1, with Ybarra in opposition. ORDINANCES 21. Ordinance No. 1224 - An Ordinance of the City Council of the City of Vernon, California, amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16 of the Vernon Municipal Code to assign speed limits on certain streets and to repeal all ordinances or parts of ordinances in conflict therewith (second reading). Recommendation: (1) Find that adoption of the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) in accordance with Class 1, Section 15301(c) of the CEQA Guidelines, California Code of Regulations, Title 14. Projects exempted under Class 1, Section 15301(c), consist of the operation, repair, or minor alteration of existing highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities involving negligible or no expansion of use; and (2) Adopt the proposed Ordinance amending Sections 16.15, 16.16 and 16.17 of Chapter 16, Law Enforcement, of the Vernon Municipal Code. Mayor McCormick announced the proposed ordinance by title. Director of Public Works, Water and Development Services Kevin Wilson reported that there have been no changes to the ordinance since its introduction at the last meeting. It was moved by Davis and seconded by Maisano to adopt Ordinance No. 1224. A roll-call vote was taken: - Councilmember Martinez, yes - Councilmember Ybarra, yes - Councilmember Maisano, yes - Mayor Pro Tem Davis, yes - Mayor McCormick, yes Motion to adopt Ordinance No. 1224 carried, 5-0. DISCUSSION ITEMS 22. Presentation by the Director of Public Works, Water and Development Services on the I-710 Corridor Project. Director of Public Works, Water and Development Services Kevin Wilson provided a presentation and update on the I-710 Corridor project. He reported on the approval of two options for further study, and the approval of the Community Alternative 7 option which includes enhancements to the river, parks, and other community facilities; this is to be reviewed by a separate committee. Mayor Pro-Tem is concerned that the Community Alternative 7 will prolong the I-710 Corridor project, and expressed concerns on how the project will be funded. Mayor McCormick agrees with Davis’ concerns. He directed staff to take the position that Vernon requests that the Community Alternative 7 be considered separately from the I-710 Corridor project. Regular City Council Meeting Minutes August 5, 2014 Page 6 of 7 ORAL REPORTS 23. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 24. City Council Reports – brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on officer’s response to recent incidents. Calleros reported on the implementation of the AAA vehicle loan program, and reported on two (2) Police interns. Captain Michael Gillman reported the arrest of 3 individuals related to vandalism. Mayor Pro- Tem Davis reported on vandalism near his residence. Fire Chief Michael Wilson reported on recent Fire Department activities, training, and responses to incidents. Wilson announced the recognition of former Fire Chief Smokey Bass by the Box 15 group. Director of Public Works, Water and Development Services Kevin Wilson provided an update on capital improvement project and the new housing development project. Wilson also reported on a recent water main rupture and repair. In response to Independent Reform Monitor John Van de Kamp, Wilson reported on the water pipes condition and age. Electrical Resources Planning & Development Manager Abraham Alemu reported on recent power outages including a serious incident at U.S. Growers. Finance Director William Fox reported on the bond review process as required, and the commencement of the annual financial audit. Director of Health and Environmental Control Leonard Grossberg reported on whole sale food vehicle inspections, and active shooter training for the Department. Human Resources Director Teresa McAllister announced upcoming employee events and activities, reported on the recruitment process for Fire personnel, and forthcoming updates to personnel policies. Economic Development Manager/Successor Agency Staff Alex Kung announced the cancellation of the Oversight Board to the Successor Agency meeting until September 4, 2014, and appointment of new member Marlene Dunn to the Board. Kung also announced a free webinar on manufacturing tax rebates and the extension of the California Competes tax credit. The Vernon Chamber of Commerce was notified of both. Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane provided an update on the grand opening of the artificial turf soccer field at Salt Lake Park on September 6th, 2014. In response to Van de Kamp’s inquiry, Fox explained the City’s intent to refinance and appropriately plan for capital improvement costs through the help of Public Financing Management Inc., the City’s financial advisor. City Administrator Mark Whitworth reported on upcoming Vernon CommUNITY Fund Grant Committee activities. He announced the availability of the 7th edition of the Independent Reform Monitor John Van de Kamp report. He provided an update on the JLAC audit. Members to the Business and Industry Commission are to be appointed at the next meeting. Whitworth announced other community events. Regular City Council Meeting Minutes August 5, 2014 Page 7 of 7 CLOSED SESSION With no public comment on the closed session items, at 10:43 a.m., it was moved by Maisano and seconded by Davis to go into closed session to discuss the item listed under closed session. Motion carried, 5-0. 25. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representatives: Mark Whitworth, Teresa McAllister, and Paul Coble Employee Organizations: Vernon Police Officers’ Benefit Association and Vernon Firemen's Association. At 11:06 a.m., the Council exited closed session. City Attorney Hema Patel announced that there is no reportable action. With no further business, at 11:07 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Ana Barcia Deputy City Clerk