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2014-12-09 City Council Minutes (Special)MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 9, 2014, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Maisano, Martinez MEMBERS ABSENT: Davis The meeting was called to order at 8:02 a.m. by Mayor McCormick who also 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 also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No one responded. PRESENTATIONS 1. Presentation by the external auditor on the Annual Financial Report for Fiscal Year 2013-2014. Margaret McBride of Vasquez and Company, LLC presented on the City’s fiscal year 2014 Annual Financial Report and findings. There were no questions or comments from the Council. 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, 3-0. Claims Against the City – Received and Filed 2. Claim for Damages received on November 10, 2014, from Edgar Bernal in the amount of $1,050.80. Minutes – To be Received and Filed 3. Minutes of the Regular City Council Meeting held November 4, 2014. 4. Minutes of the Special City Council Meeting held November 17, 2014. 5. Minutes of the Regular City Council Meeting held November 18, 2014. Warrant Registers 6. Approval of City Warrant Register No. 1413, totaling $1,686,895.44, which covers the period of November 11, through November 24, 2014, and consists of the following: a. Ratification of wire transfers totaling $1,122,076.87; and b. Ratification of the issuance of early checks totaling $431,753.70; and c. Authorization to issue pending checks totaling $133,064.87. Special City Council Meeting Minutes December 9, 2014 Page 2 of 10 7. Approval of Light & Power Warrant Register No. 378, totaling $5,625,535.50, which covers the period of November 11, through November 24, 2014, and consists of the following: a. Ratification of wire transfers totaling $5,513,809.72; and b. Ratification of the issuance of early checks totaling $49,216.85; and c. Authorization to issue pending checks totaling $62,508.93. 8. Approval of Gas Warrant Register No. 166, totaling $13,213.11, which covers the period of November 11, through November 24, 2014, and consists of the following: a. Ratification of the issuance of early checks totaling $8,214.03; and b. Authorization to issue pending checks totaling $4,999.08. Fire Department 9. Authorize the City Administrator to execute the Site Access Agreement with the Los Angeles Regional Interoperable Communications System (LA-RICS) Authority for the Long Term Evolution (“LTE”) Project. Recommendation: (1) Find that the proposed approval is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.25, the statutory CEQA exemption adopted specifically for the LA-RICS project. To the extent any leased circuit work that may occur outside of the PSBN site(s) is needed to provide connectivity to the site(s), such work is categorically exempt under CEQA pursuant to CEQA Guidelines Sections 15301, 15303, and 15304; and (2) Approve and authorize the City Administrator to execute the Site Access Agreement with the Los Angeles Regional Interoperable Communications System (LA-RICS) Authority, in substantially the same form as with the staff report. Approval of the Site Access Agreement does not constitute a commitment or obligation to participate in LA-RICS as a continuing member of the LA-RICS Authority. 10. Activity Report for the period of November 1 through November 15, 2014, to be received and filed. Gas and Electric Department 11. Approval of Upstream Internet Access Services Contract Renewal with Broadband. Recommendation: (1) Find that the approval of the proposed contract amendment 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 of the environment; and (2) Authorize the City Administrator to execute a three year contract renewal with Broadband “not-to-exceed” a total amount of $180,000 during the three year term ($60,000 annually, including taxes and fees) for the delivery of a wholesale internet access circuit to the City’s internet system, in substantially the same form as submitted with the staff report. The proposed contract will increase the City’s pre-tax monthly bill by $486, from $3,764 to $4,250, and double transmission speeds from 100 Mbps to 200 Mbps. It is further recommended that the City Council find that the contract is exempt from competitive bidding requirements pursuant to Vernon Municipal Code § 2.17.12(A)(6) because this is a contract for the acquisition or transmission of telecommunications for the Gas & Electric Department and it would be commercially unreasonable to procure these services through standard bidding or request for proposal procedures, given that that the Special City Council Meeting Minutes December 9, 2014 Page 3 of 10 City is already connected to Broadband network, and switching carriers would be too expensive to be in the City’s best interests. Police Department 12. Authorize the City Administrator to enter into a Memorandum of Understanding for the Use of Los Angeles Regional Interoperable Communications System Authority User Equipment. Recommendation: (1) Find that the approval of the proposed Memorandum of Understanding (“MOU”) is exempt under the California Environmental Quality Act (“CEQA”). In accordance with Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on the environment; and (2) Approve and authorize the City Administrator to enter into a MOU with the Los Angeles Regional Interoperable Communications System Authority (“LA-RICS”) on behalf of the City of Vernon, in substantially the same form as submitted with the staff report, for the loan of LA-RICS User Equipment (portable radios) to the Vernon Police Department. 13. Activity Log and Statistical Summary of Arrests and Activities for the period of November 1, through November 15, 2014, to be received and filed. Public Works, Water and Development Services Department 14. Approval of Quitclaim Deed and Fire Lane Easement for 3250 Saco Street. Recommendation: (1) Find that the acceptance of the proposed Quitclaim Deed and Fire Lane Easement are categorically 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) Accept the Quitclaim Deed and Fire Lane Easement, and authorize the Mayor to execute said documents. NEW BUSINESS Gas and Electric Department 15. Approval of Change Order No. 1 to the Existing Consulting Services Agreement with Engineering Partners, Inc., for the Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River Bridge. Recommendation: (1) Find that the approval of Change Order No. 1 to the Consulting Services Agreement with Engineering Partners, Inc., (“EPI”) is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (“CEQA”) in accordance with Section 15063, the lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070.; and (2) Approve and authorize the City Administrator to execute Change Order No. 1, in substantially the same form as submitted with the staff report, to existing consulting services agreement with EPI for services related to additional surveying requirements, for a compensation amount not-to-exceed $10,000; thereby increasing the total contract value to a not-to-exceed amount of $147,385. Director of Gas and Electric Carlos Fandino reported on the ongoing project and the Department’s involvement. Special City Council Meeting Minutes December 9, 2014 Page 4 of 10 Director of Public Works, Water and Development Services Kevin Wilson further reported on the proposed change order. It was moved by Martinez and seconded by Maisano to Approve Change Order No. 1 to the existing Consulting Services Agreement with Engineering Partners, Inc. Motion carried, 3-0. 16. Request for Approval of Additional Fund Allocation for OneSource Distributors, LLC Purchase Order 055.0002176. Recommendation: (1) Find that the approval requested is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15273 because CEQA does not apply to “purchasing or leasing supplies, equipment or materials; and that even if it were subject to CEQA, it would be exempt pursuant to 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment because the cable referenced will be used merely to replace existing older cable; and (2) Authorize the City Administrator to approve additional fund allocation in the amount of $22,372.78 to existing Purchase Order 055.0002176 with OneSource Distributors (“OneSource”). A power cable purchase from OneSource was originally authorized by City Council in June 2014 for a total amount not to exceed $388,898.00. Due to the complex nature of measuring precise lengths of cable, a 10% tolerance is generally employed by suppliers as an industry practice. The additional cable which was provided to the City after cutting occurred has affected the total cost of the materials. The approval of additional funds would thereby increase the maximum authorized expenditure from $388,898.00 to $411,270.78, and would fully satisfy the payment due to OneSource. Director of Gas and Electric Carlos Fandino reported on the recommendation. It was moved by Maisano and seconded by Martinez to approve the additional funds allocated to OneSource Distributors, LLC’s Purchase Order. Motion carried, 3-0. 17. Approval of Change Order No. 1 to the existing Services Agreement with Power Engineers, Inc., for Distributed Generation Impact Study Services. Recommendation: (1) Find the approval of Change Order No. 1 to the Services Agreement is exempt under the California Environmental Quality Act (“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 (2) Authorize the City Administrator to execute Change Order No. 1, in substantially the same form as submitted with the staff report, to the services agreement with Power Engineers, Inc. (“PEI”) for services regarding a distributed generation impact study. In addition to the subtasks summarized in Task 4 of the original scope of work, PEI will leverage and augment existing analyses to complete a new Cost of Service (“COS”) Study. The proposed change order reflects an increase not-to-exceed $36,500, for a grand total not-to-exceed $255,280.00 over the one year term of the agreement. Director of Gas and Electric Carlos Fandino conducted the oral report on the proposed Change Order. It was moved by Martinez and seconded by Maisano to approve Change Order No. 1 to the existing Services Agreement with Power Engineering, Inc. Motion carried, 3-0. Human Resources Department 18. Adoption of City of Vernon Personnel Policies and Procedures, Smoking Policy I- 14 (update). Special City Council Meeting Minutes December 9, 2014 Page 5 of 10 Recommendation: (1) Find that approval of the proposed personnel policy and procedures is exempt under the California Environmental Quality Act (“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 (2) Adopt the Personnel Policy and Procedures, Smoking Policy I-14 (update), and incorporate it into the Personnel Policies and Procedures Manual; and (3) Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Director of Human Resources Teresa McAllister reported on the proposed Employee Policy. McAllister advised that all bargaining units were given an opportunity to review and no recommended revisions were received. It was moved by Maisano and seconded by Martinez to adopt the Smoking Policy I-14 (update). Motion carried, 3-0. 19. A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and Between the City of Vernon and the Vernon Firemen’s Association for the Period of July 1, 2014 through June 30, 2017. Recommendation: (1) Find that approval of the proposed resolution is exempt under the California Environmental Quality Act (“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 (2) Adopt the resolution approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Firemen’s Association (“VFA”) for the period of July 1, 2014 through June 30, 2017. Mayor McCormick declared that the resolution approving the Memorandum of Understanding with the Vernon Firemen’s Association is deferred to December 16, 2014, City Council meeting. 20. A Resolution of the City Council of the City of Vernon Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution and Repealing all Resolutions in Conflict Therewith. Recommendation: (1) Find that approval of the proposed resolution is exempt under the California Environmental Quality Act (“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 (2) Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective December 28, 2014, to reflect the following provisions: a) Amend Exhibit A, Classification and Compensation Plan b) Amend Section 11, Automobile Allowance c) Add Section 21, Uniform Allowance d) Delete the Risk Manager Classification e) Implement the changes set forth in the 2014-2017 Memorandum of Understanding between the City of Vernon and the Vernon Firemen’s Association Mayor McCormick requested that item “e,” “Implement the changes set forth in the 2014-2017 Memorandum of Understanding between the City of Vernon and the Vernon Firemen’s Association,” be deferred to the December 16, 2014, City Council meeting. Special City Council Meeting Minutes December 9, 2014 Page 6 of 10 Director of Human Resources Teresa McAllister reported on the recommended changes. McAllister also provided revisions to the resolution exhibit pages. In response to Independent Reform Monitor John Van de Kamp, McAllister further explained the compensation study data presented. It was moved by Martinez and seconded by Maisano to approve the resolution adopting an amended and restated citywide fringe benefit salary resolution, incorporating the changes to the exhibit as provided and the removal of the changes set forth in the 2014-2017 Memorandum of Understanding between the City of Vernon and the Vernon Firemen’s Association (“e”). Motion carried, 3-0. Public Works, Water and Development Services Department 21. Authorization to enter into the First Amendment of the Memorandum of Understanding for the purposes of the Municipal Separate Sewer Storm System National Pollutant Discharge System Permit Requirements. Recommendation: (1) Find that the approval of the proposed First Amendment to the Memorandum of Understanding (MOU) is exempt under the California Environmental Quality Act (“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 (2) Authorize the City Administrator to execute the First Amendment to the MOU, in substantially the same form as submitted with the staff report, between the Los Angeles Gateway Regional Water Management Joint Powers Authority (GWMA) and the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon and the Los Angeles County Flood Control District (FCD), (hereinafter collectively referred to as the Watershed Permittees) for administration and cost sharing to prepare and implement a Watershed Management Program (WMP) Plan and Coordinated Integrated Monitoring Program (CIMP) Plan as required by the Regional Water Quality Control Board, Los Angeles Region (Regional Board), National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175. The City of Vernon’s proportional share of costs of implementing the WMP Plan and CIMP Plan and other related costs to be incurred in accordance with the cost share formulas in Exhibit A2 of this First Amendment of the MOU for an annual not-to-exceed amount of $100,000 per year per Watershed Permittee. The term of the First Amendment to the MOU is through December 31, 2019. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed Memorandum of Understanding. It was moved by Maisano and seconded by Martinez to authorize the first amendment of the Memorandum of Understanding for the purposes of the Municipal Separated Sewer Storm System National Pollutant Discharge System Permit requirements. Motion carried, 3-0. 22. CNS Engineers, Inc., Contract Amendment No. 6 for the Atlantic Blvd. Bridge Rehabilitation and Widening Project, Contract No. CS-0099. Recommendation: (1) Find that the approval of the proposed amendment is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (“CEQA”) in accordance with Section 15063. (2) Approve Contract Amendment No. 6, in substantially the same form as submitted with the staff report, for the Atlantic Blvd. Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide the additional engineering design, right of way acquisition support and coordination services as described below for Special City Council Meeting Minutes December 9, 2014 Page 7 of 10 the additional cost of $228,627.58, increasing the total contract cost to $1,485,894.42, and authorize staff to proceed with the right of way acquisitions for the project. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed amendments for Contract No. CS-0099. He noted that approximately 89% of the cost would be covered by grants. It was moved by Maisano and seconded by Martinez to approve CNS Engineers, Inc. Contract Amendment No. 6. Motion carried, 3-0. 23. Ratify the Issuance of a Notice Inviting Bids for Contract CS-0522 – to Furnish and install one new 300KW Cummins Diesel Power Generator. Recommendation: (1) Find that the ratification of the issuance of a Notice Inviting Bids, as proposed is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15302 (C), because the proposed contract consists of the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and (2) Ratify the issuance of a Notice Inviting Bids for Contract CS-0522 to furnish and install one new 300KW Cummins Diesel Power Generator. Director of Public Works, Water and Development Services Kevin Wilson reported on the need to replace the existing generator in compliance with South Coast Air Quality Management District’s approved schedule. It was moved by Martinez and seconded by Maisano to ratify the issuance of a notice inviting bids for Contract No. CS-0522. Motion carried, 3-0. 24. Approval of a Cooperative Agreement for the Metro Rapid Bus Station Implementation project between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority (“Metro Rapid Bus Shelter Funding Agreement”). Recommendation: (1) Find that the approval of the proposed Cooperative Agreement is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails and similar facilities; and (2) Authorize the City Administrator to execute the Cooperative Agreement for the Metro Rapid Bus Station Implementation project between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority (the “Agreement”), in substantially the same form as submitted with the staff report. The Agreement would authorize the Los Angeles County Metropolitan Transportation Authority to install Metro Rapid station amenities at ten (10) Metro Rapid stop locations within the City's boundaries at no cost to the City. Director of Public Works, Water and Development Services Kevin Wilson reported on the recommendation. It was moved by Maisano and seconded by Martinez to approve the cooperative agreement for the Metro Rapid Bus Station Implementation with the Los Angeles County Metropolitan Transportation Authority. Motion carried, 3-0. 25. Authorize the Mayor to Send a Letter to the Los Angeles Metropolitan Transportation Authority Stating the City of Vernon’s Preferred Alignment for the West Santa Ana Branch Transit Corridor Project. Special City Council Meeting Minutes December 9, 2014 Page 8 of 10 Recommendation: (1) Find that the mailing of a letter to the Los Angeles Metropolitan Transportation Authority (Metro) regarding the City’s preferred alignment for the West Santa Ana Branch Transit Corridor Project is exempt under the California Environmental Quality Act (“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. Additionally, an Environmental Impact Report will be prepared by Metro prior to the commencement of construction of the project. (2) Authorize the Mayor to execute a letter to the Los Angeles Metropolitan Transportation Authority advising that the City Council has determined that the City of Vernon’s preferred northern alignment for the West Santa Ana Branch Transit Corridor Project is along the Metro Blue line corridor from Randolph Street to Washington Blvd., and that if an alignment is selected through Vernon that it shall be fully grade separated. Director of Public Works, Water and Development Services Kevin Wilson presented on the various alternate route options for the West Santa Ana Branch Transit Corridor Project, and reported on staff’s recommendation. It was moved by Maisano and seconded by Martinez to authorize the Mayor to send a letter to the Los Angeles Metropolitan Transportation Authority stating the City’s preferred alignment for the West Santa Ana Branch Transit Corridor Project. Motion carried, 3-0. DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF 26. Presentation by the Director of Public Works on proposed zoning amendments. It is recommended that the presentation be received and filed and that City Council provide staff with guidance on the proposed zoning amendments and on any further modifications to the Zoning Ordinance that should be considered. Director of Public Works, Water and Development Services Kevin Wilson conducted a presentation on potential zoning ordinance changes. In response to Mayor McCormick’s concerns, Wilson explained the landscape requirements and their possible use as water filtration areas. Wilson advised that community workshops will be held on proposed changes; after community feedback and completion of the environmental impact report, the final recommendation will be presented to Council for consideration. It was moved by Maisano and seconded by Martinez to receive and file the presentation. Motion carried, 3-0. ORAL REPORTS 27. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 28. City Council Reports – brief report on activities, announcements, or directives to staff. Police Captain Michael Gillman reported on officers’ responses to two (2) recent incidents, upcoming DUI checkpoints and vandalism. Fire Chief Michael Wilson provided an update on the firefighter recruitment process. Wilson reported on Fire personnel training and responses to recent incidents. Director of Public Works, Water and Development Services Kevin Wilson provided an update on various capital improvement projects. Director of Gas and Electric Carlos Fandino reported on recent power outages. Fandino provided an update on the potential penalty for non-compliance on the renewable portfolio Special City Council Meeting Minutes December 9, 2014 Page 9 of 10 standards’ first compliance period. He also advised that energy storage has regain momentum; staff will be looking at potential avenues for the City. Fandino reported on a recent department audit which resulted in no major findings. Finance Director William Fox advised that in addition to the annual financial audit, a fraud assessment was conducted, there were no significant findings. Fox provided an update on bond refunding and its timeline. Director of Health and Environmental Control Leonard Grossberg provided an update on the Thermador property closure. He reported on the solid waste hauler franchise agreements and announced the Green Vernon Commission meeting on December 17, 2014 at 3:30 p.m. Director of Human Resources Teresa McAllister announced that negotiations with the Vernon Firemen’s Association have concluded. She also announced the employee holiday celebration on December 18, 2014. Employee informational meetings will be held later this day. Economic Development Manager/Successor Agency Staff Alex Kung announced the cancellation of the Oversight Board of the Successor Agency to the Redevelopment Agency meetings on December 4, 2014, and January 1, 2015. The next Oversight Board Meeting is scheduled for February 5, 2015. City Administrator Mark Whitworth advised that an issue of the Vernon Quarterly should be out by the end of the year. The Vernon Housing Commission meeting will be held on December 10, 2014, at 6:00 p.m. The first meeting of the Vernon Business and Industry Commission which was anticipated to occur on December 15, 2014, is postponed to late January, or early February 2015. In compliance with the Maddy Act, an appointment to fill the Commission’s vacancy is scheduled for January 6, 2015. Whitworth reported on the public meetings held and upcoming workshop dates concerning AQMD’s proposed Rule 415 which will impact rendering facilities in Vernon. He noted that the City is taking a proactive approach. He also reported on a meeting with Four Star Chemical to discuss operations in Vernon. Whitworth reported that the agreement with California Consulting will not be renewed. The City is working with Jemmott Rollins Group and Senior Advisor to the City Administrator Fred MacFarlane to maximize public relations on CommUNITY Grant Fund recipients. City Clerk interviews are scheduled for the following week. Whitworth request a recess of the City Council meeting in order to address the Industrial Development Authority and Vernon Historic Preservation Society meetings which are open session, before addressing the closed session matters on the City Council agenda. At 10:13 a.m., Mayor McCormick declared a recess of the City Council meeting. At 10:17 a.m., the City Council reconvened its meeting. CLOSED SESSION With no public comment on the closed session items, at 10:17 a.m., it was moved by Maisano and seconded by Martinez to enter into closed session to discuss the agendized items. 29. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Government Code Section 54956.9(d)(1) Dispute with LA County regarding Property Tax Administration Fees (PTAF) Special City Council Meeting Minutes December 9, 2014 Page 10 of 10 30. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Agency Designated Representative: Teresa McAllister, Director of Human Resources Unrepresented Employee: City Administrator At 10:39 a.m., it was moved by Maisano and seconded by Martinez to exit closed session. City Attorney Hema Patel announced that there is no reportable action. With no further business, at 10:39 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Ana Barcia Deputy City Clerk