Loading...
2017-02-21 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 21, 2017, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Davis; Councilmember Ybarra led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT Mayor Davis 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 public comment provided. PRESENTATION 1. Service Pin Awards for January 2017 Presented by: Michael Earl, Director of Human Resources NAME DEPARTMENT TITLE YEARS David L. Kimes Fire Fire Battalion Chief 30 Ana K. Rueda Human Resources Human Resources Analyst 15 Norma Rodriguez Police Police Dispatcher 15 Human Resources Director Michael Earl presented the service pin award recipients; no awardees were in attendance. 2. 2017 Second Quarter Financial Update Presented by: William Fox, Director of Finance Finance Director William Fox provided a PowerPoint Presentation. CONSENT CALENDAR It was moved by Ybarra and seconded by Lopez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes Claims Against the City – Received and Filed 3. None / / / / / / Regular City Council Meeting Minutes February 21, 2017 Page 2 of 8 Warrant Registers 4. Approval of City Payroll Warrant Register No. 728, totaling $3,306,397.05, which covers the period of January 31 through January 31, 2017 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,277,361.60; and B. Checks and electronic fund transfers (EFT) totaling $1,029,035.45. 5. Approval of City Warrant Register No. 1466, totaling $2,105,615.47, which covers the period of January 31 through February 13, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,538,295.53; and B. Ratification of the issuance of early checks totaling $535,062.49; and C. Authorization to issue pending checks totaling $32,257.45; and D. Voided Check No. 353691 totaling $70.08. 6. Approval of Light & Power Warrant Register No. 431, totaling $2,040,999.49, which covers the period of January 31 through February 13, 2017, and consists of the following: A. Ratification of wire transfers totaling $2,012,459.03; and B. Ratification of the issuance of early checks totaling $28,540.46. 7. Approval of Gas Warrant Register No. 219, totaling $2,523.12, which covers the period of January 31 through February 13, 2017, and consists of the following: A. Ratification of wire transfers totaling $162.53; and B. Ratification of the issuance of early checks totaling $2,360.59. City Administration Department 8. Report on Contract Exempt from Competitive Selection by the City Administrator, to be received and filed (pursuant to Section 2.17.12(B)(3) of the Vernon Municipal Code) City Attorney Department 9. Approval of an Amendment No. 1 to the Attorney Services Agreement (Litigation) between the City of Vernon and Rutan & Tucker regarding specialized litigation and legal advisory services Recommendation: A. Find that approval of the proposed Amendment No. 1 to the City’s agreement with Rutan & Tucker is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative and fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. B. Authorize the City Administrator to enter into an Amendment No. 1 to the Attorney Services Agreement (Litigation) between the City of Vernon and Rutan & Tucker, in substantially the same form as submitted herewith, for an additional amount not to exceed $100,000.00. / / / Regular City Council Meeting Minutes February 21, 2017 Page 3 of 8 Fire Department 10. Activity Report for the period of January 16 through January 31, 2017 Gas and Electric Department 11. Approve Base Contract (“NAESB”) with Macquarie Energy, LLC for Sale and Purchase of Natural Gas Recommendation: A. Find that (a) the agreement between the City of Vernon and Macquarie Energy, LLC is not in reference to a “project” subject to the California Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because purchasing gas is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Authorize the Director of Gas & Electric (as per Resolution No. 9280) to execute the North American Energy Standards Board (“NAESB”) contract by and between the City of Vernon (“City”) and Macquarie Energy, LLC (“Macquarie”) in substantially the same form as attached to the staff report, for the purpose of buying and selling natural gas to or from Macquarie, in compliance with the general terms established in the agreement. (Pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the City’s power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures.) 12. Approve Amendment No. 6 to the Services Agreement between the City of Vernon and Cannon Corporation for Engineering Design and Construction Support Services Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve Amendment No. 6 adding funds in a not to exceed amount of $22,400 to the Services Agreement between the City of Vernon and Cannon Corporation for Engineering Design and Construction Support Services for the Well 21 Project. Health and Environmental Control Department 13. Monthly Activity Report for the Month of January 2017, to be received and filed Public Works, Water and Development Services Department 14. Building Department Report for the Month of January 2017, to be received and filed / / / / / / Regular City Council Meeting Minutes February 21, 2017 Page 4 of 8 ORDINANCE 15. Ordinance No. 1239 – An Ordinance of the City Council of the City of Vernon amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity (Second Reading and Adoption) Recommendation: Items A-B: A. Find that the ordinance amendment to Section 30.8 of the Vernon Municipal Code referenced in this staff report is exempt under the California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve the second reading, and adopt an ordinance amending Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code and Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. Director of Gas and Electric Kelly Nguyen reported on the proposed. It was moved by Woodruff-Perez and seconded by Martinez to approve the second reading, and adopt Ordinance No. 1239. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes NEW BUSINESS City Administration Department 16. Resolution No. 2017-05 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Development Agreement by and Between the City of Vernon and National Ready Mixed Concrete Company Recommendation: A. Find that approval of the proposed development agreement is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378, and to the extent National Ready Mixed Concrete Company seeks to engage in actual physical construction or development on the leased premises, such would be subject to separate and independent CEQA review and analysis; and B. Adopt a resolution approving and authorizing the execution of a development agreement between the City of Vernon and National Ready Mixed Concrete Company for the purpose of developing a Point of Sale facility on the site located at 2626 East 26th Street in the City of Vernon. The agreement will allow National Ready Mixed Concrete Company to lease the site from Vernon for a term of up to 35 years. City Administrator Carlos Fandino reported on the proposed. Regular City Council Meeting Minutes February 21, 2017 Page 5 of 8 Councilmember Ybarra inquired about the environmental issues regarding this company, Administrator Carlos Fandino responded that they were not anticipating any environmental impacts. It was moved by Woodruff-Perez and seconded by Martinez to approve Resolution No. 2017-05 Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes 17. Resolution No. 2017-06 - A Resolution of the City Council of the City of Vernon in Support of the Passage of Measure H, the Los Angeles County Plan to Prevent and Combat Homelessness Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (“CEQA”) review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution supporting the passage of Measure H, the “Los Angeles County Plan to Prevent and Combat Homelessness”, which is a March 7 ballot initiative to raise the sales tax across the County of Los Angeles, and allocate new revenues to fund homeless services. Administrator Fandino reported on the proposed. Mayor Davis noted the various issues surrounding homelessness in the County of Los Angeles. Public Comment Fred MacFarlane spoke about Vernon Grants that currently combat homelessness. Councilmember Ybarra inquired about how the City will try and earn funds from Measure H, Administrator Fandino stated that there are ongoing efforts to look into ways to capture the necessary funding to assist in homelessness. Police Chief Daniel Calleros explained that the funding would help deal with the homeless issue in Vernon, even though it is rather small. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2017-06. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes 18. Resolution No. 2017-07 - A Resolution of the City Council of the City of Vernon Appointing Samuel K. Wilson to Serve as the Interim Director of Public Works, Water and Development Services and Approving and Ratifying the Execution of a Related Temporary At-Will Employment Agreement Recommendation: Regular City Council Meeting Minutes February 21, 2017 Page 6 of 8 A. Find that approval of the agreement proposed in this staff report is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt a resolution appointing Samuel K. Wilson to serve as Interim Director of Public Works, Water and Development Services of the City of Vernon effective February 13, 2017, and approving and ratifying the execution of a related temporary at-will employment agreement. This appointment is temporary until such time as a recruitment and selection process can be completed for a new director. Administrator Fandino reported on the proposed. Councilmember Ybarra inquired as to when the recruitment would begin, Director Earl explained that steps were being taken to start the recruitment. Councilmember Ybarra inquired about the department restructuring, Administrator Fandino explained the ongoing restructuring effort. It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2017-07. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes City Attorney Department 19. Resolution No. 2017-08 - A Resolution of the City Council of the City of Vernon Approving and Adopting an Amendment to the Records Retention Schedule Maintaining Documents and Records by All City Departments Except the Police Department Recommendation: A. Find that the approval of the amendment proposed in this staff report 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 because the proposal will merely change how the City retains and destroys certain City documents. B. Adopt a resolution approving and adopting an Amendment, adding records of the City Attorney’s Office, to the Records Retention Schedule maintaining documents and records by all City Departments except the Police Department. City Attorney Hema Patel reported on the proposed. Councilmember Ybarra inquired as to the impact the retention schedule would have on documents involving AB 46, City Attorney Patel explained that the retention schedule helps eliminate duplication and unnecessary long term storage of records. City Attorney Patel noted that the Office of the City Clerk would be updating the Citywide Records Retention Schedule. It was moved by Woodruff-Perez and seconded by Martinez to approve Resolution No. 2017-08. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Regular City Council Meeting Minutes February 21, 2017 Page 7 of 8 Ybarra: Yes Lopez: Yes Gas and Electric Department 20. Approve Amendment No. 1 to the Electric System Service and Maintenance Agreement for Electric System Maintenance with Petrelli Electric, Inc. Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve Amendment No. 1 to the Electric System Service and Maintenance Agreement for Electric System Maintenance with Petrelli Electric, Inc. to be extended for an additional five (5) years; and C. Authorize the City Administrator to sign proposed Amendment No. 1 between the City of Vernon and Petrelli Electric, Inc., in substantially the same form as submitted herewith. Director of Gas and Electric Kelly Nguyen reported on the proposed. Public Comment Marisa Olguin, Vernon Chamber of Commerce, spoke about the long history Petrelli has with the City, the business community holds them in high regard, and supports the contract extension. Councilmember Ybarra inquired about the actual year to year cost of the contract, Director Nguyen explained the yearly costs. A dialogue ensued between the City Council and staff regarding costs and upcoming capital improvement projects. It was moved by Martinez and seconded by Lopez to approve Amendment No. 1 to the Electric System Service and Maintenance Agreement with Petrelli Electric, Inc. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes ORAL REPORTS 21. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: A Feb. 10th ATM fire near 2500 Santa Fe Avenue; the ongoing peaceful demonstration at the Farmer John plant; and a weekend DUI checkpoint. Captain Michael Gillman reported on graffiti on the 2500 block of Alameda Street, Mayor Davis noted graffiti near 3346 Fruitland Avenue and graffiti near the corner of Boyle Avenue and Slauson Avenue. Fire Chief Bruce English reported on incidents throughout the City and USAR personnel responded to an incident in Montebello. Regular City Council Meeting Minutes February 21, 2017 Page 8 of 8 Interim Public Works, Water and Development Services Director Kevin Wilson reported on the trees collapsing around the City due to weather and his transition back to his previous position. Gas and Electric Director Kelly Nguyen reported on outages and incidents caused by the inclement weather. She also noted upcoming requests for proposals. Mayor Davis inquired about a technical aspect of the proposal and Director Nguyen answered. Health and Environmental Control Director Keith Allen reported on annual food truck inspections. City Administrator Carlos Fandino requested feedback on the budget process. Councilmember Ybarra wanted clarification on the “TBD” listed on the budget. Finance Director William Fox clarified as to who the “TBD’s” consisted of. Administrator Fandino continued and reported on a Measure Q community outreach event, the upcoming meeting with Moody’s, and the Legislative drive in Washington D.C. 22. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Mayor Davis recessed the meeting at 10:17 a.m. CLOSED SESSION At 10:17 a.m., the City Council entered into closed session to discuss the following agendized items: 23. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Jerry Chavez v. City of Vernon Workers Compensation Appeals Board Case No. ADJ9399030 B. Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 24. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 At 10:32 a.m. the City Council exited closed session. City Attorney Hema Patel announced that three items were discussed and that there was no reportable action. With no further business, at 10:32 a.m., Mayor Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk