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2017-07-18 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JULY 18, 2017, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, and Martinez MEMBERS ABSENT: Lopez The meeting was called to order at 9:00 a.m. by Mayor Ybarra; she also led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced there were no changes to the agenda. PUBLIC COMMENT Mayor Ybarra 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 comment provided. PRESENTATION 1. A Proclamation of the Mayor and the City Council of the City of Vernon commending Gregory M. Bringhurst for his many years of service to the City of Vernon City Clerk Ayala read the proclamation. Fire Chief English said a few words commending Gregory Bringhurst on his service to the City. 2. Service Pin Awards for June 2017 Presented by: Michael Earl, Director of Human Resources NAME DEPARTMENT TITLE YEARS Michael Gillman Police Police Captain 30 Luz A. Martinez City Council Council Member 30 Edward Hernandez Police Police Officer 15 Danita L. Robertson Police Police Records Manager 15 Diana C. Figueroa City Administration Administrative Analyst 5 Daniel Cordova Public Utilities Gas Systems Superintendent 5 Human Resources Director Michael Earl awarded the service pins to Daniel Cordova, Danita Robertson, Edwin Hernandez, and Luz Martinez, who were in attendance. Regular City Council Meeting Minutes July 18, 2017 Page 2 of 11 CONSENT CALENDAR It was moved by Woodruff-Perez and seconded by Davis to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent Claims Against the City – Received and Filed 3. None Minutes – To be Received and Filed 4. Minutes of the Regular City Council Meeting held May 2, 2017 5. Minutes of the Regular City Council Meeting held May 16, 2017 6. Minutes of the Regular City Council Meeting held June 6, 2017 7. Minutes of the Regular City Council Meeting held June 20, 2017 Warrant Registers 8. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1473 to record voided Check No. 354795 in the amount of $1,887.60; and B. City Warrant Register No. 1474 to record voided Check No. 354924 in the amount of $1,887.60. 9. Approval of City Payroll Warrant Register No. 733, totaling $3,218,453.99, which covers the period of June 1 through June 30, 2017 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,197,480.70; and B. Checks and electronic fund transfers (EFT) totaling $1,020,973.29. 10. Approval of City Warrant Register No. 1475, totaling $4,585,672.65, which covers the period of June 13 through July 10, 2017, and consists of the following: A. Ratification of wire transfers totaling $3,304,574.84; and B. Ratification of the issuance of early checks totaling $1,035,683.04; and C. Authorization to issue pending checks totaling $245,414.77. 11. Approval of Light & Power Warrant Register No. 440, totaling $9,758,433.80, which covers the period of June 13 through July 10, 2017, and consists of the following: A. Ratification of wire transfers totaling $9,488,732.16; and B. Ratification of the issuance of early checks totaling $258,399.25; and C. Authorization to issue pending checks totaling $11,302.39. Regular City Council Meeting Minutes July 18, 2017 Page 3 of 11 12. Approval of Gas Warrant Register No. 228, totaling $1,724,139.76, which covers the period of June 13 through July 10, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,677,601.61; and B. Ratification of the issuance of early checks totaling $46,538.15. City Administration Department 13. Ratification of Mayor’s Appointment of Eligible Individual to Serve on the Vernon Housing Commission Recommendation: A. Find that ratification of the Mayor’s appointment of an eligible individual to serve on the Vernon Housing Commission is exempt from California Environmental Quality Act (“CEQA”) review because it is an administrative action 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. Ratify the Mayor’s appointment of Carol Menke to serve on the Vernon Housing Commission in an unexpired Resident Seat with a term ending June 30, 2019. 14. Receive and file the City of Vernon Budget Book for Fiscal Year 2017-2018 Recommendation: A. Find that receiving this report on the fiscal year 2017-2018 Budget Book is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative action 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. Receive and file this report, as it is being provided for informational purposes only. 15. Resolution No. 2017-34 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an Amendment No. 1 to the Temporary At-Will Employment Agreement by and between the City of Vernon and Samuel K. Wilson Recommendation: A. Find that approval of the amendment to 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 the attached resolution approving the execution of Amendment No 1. to the Temporary At-Will Employment Agreement by and between the City of Vernon and Samuel K. Wilson. Fire Department 16. Activity Report for the period of May 16 through May 31, 2017 17. Activity Report for the period of June 1 through June 15, 2017 Health and Environmental Control Department 18. June 2017 Monthly Report Regular City Council Meeting Minutes July 18, 2017 Page 4 of 11 Human Resources Department 19. Adoption of Revised City of Vernon Personnel Policies and Procedures – Performance Evaluation, IV-1 and Salary Plan Administration, II-3 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the Revised Personnel Policy and Procedure - Performance Evaluation, IV-1 and Salary Plan Administration, II-3; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Police Department 20. Activity Log and Statistical Summary of Arrests and Activities for the period of June 1, through June 15, 2017, to be received and filed 21. Activity Log and Statistical Summary of Arrests and Activities for the period of June 16, through June 30, 2017, to be received and filed Public Utilities Department 22. Second Amendment to the Astoria 2 Solar Project Power Sales Agreement Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative and governmental fiscal activity which does not involve any commitment to any specific project and 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 Amendment to the Astoria 2 Solar Project Power Sales Agreement with the Southern California Public Power Authority (“SCPPA”) in substantially the same form as attached; and C. Authorize the General Manager of Public Utilities to execute the Second Amendment to the Astoria 2 Solar Project Power Sales Agreement. Public Works Department 23. Building Department Report for the Month of May 2017 NEW BUSINESS City Administrator 24. Resolution No. 2017-35 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a services agreement by and between the City of Vernon and Century 21 Allstars and Luther Sanchez to serve as the City’s Real Estate Agent for the sale of two residential properties owned by the City Regular City Council Meeting Minutes July 18, 2017 Page 5 of 11 Recommendation: A. Find that the adoption of a resolution approving and authorizing the execution of a services agreement with Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of residential property owned by the City is exempt from the California Environmental Quality Act (“CEQA”) because it is a government 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. And even if such action were a “project”, it would be exempt from CEQA review 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 B. Adopt a resolution approving and authorizing the execution of a Services Agreement with Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of the following residential properties owned by the City of Vernon: • 6010 Oak Street, Unit B, Huntington Park, CA 90255 • 2915 E. 60th Place, Unit S, Huntington Park, CA 90255 City Administrator Carlos Fandino reported on the proposed. Councilmember Davis inquired about the sale of the property, City Administrator Fandino responded that they were going to be listed at $315,000 each. It was moved by Davis and seconded by Martinez to adopt Resolution No 2017-35. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent Human Resources Department 25. Resolution No. 2017-36 - A Resolution of the City Council of the City of Vernon adopting an amended and restated citywide fringe benefits and salary resolution in accordance with Government Code Section 20636(B)(1) and repealing all resolutions in conflict therewith 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 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 the attached resolution amending and restating Exhibit A – Fiscal Year 2017- 2018 Classification and Compensation Plan of the Citywide Fringe Benefits and Salary Resolution, effective July 9, 2017 to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan correcting the 2017-2018 and 2018-2019 salary calculations as presented on Exhibit A. 2) Amend Exhibit A, Classification and Compensation Plan adopting the following revised job descriptions: Deputy Director of Health and Environmental Control Facilities Foreman Regular City Council Meeting Minutes July 18, 2017 Page 6 of 11 Integrated Resources Manager Permit Technician Public Works Superintendent Senior, Deputy City Attorney Street Crew Leader Street Foreman Water Foreman Water Project Coordinator 3) Amend Exhibit A, Classification and Compensation Plan adopting the following new job descriptions and associated salary ranges: New Classification Titles Salary Grade Salary Range Assistant General Manager of Public Utilities 43 $14,874 - $18,080 Building and Planning Manager 37 $11,099 - $13,491 Risk Management Assistant 14 $3,614 - $4,392 Water Administrator 36 $10,571 - $12,849 Water Project Specialist 35 $10,068 - $12,237 Water Superintendent 33 $9,132 - $11,099 4) Amend Exhibit A, Classification and Compensation Plan by adjusting the following classification and compensation salary ranges as follows: Classification Title Total Incumbents Current Salary Grade Recommended Salary Grade City Attorney 1 48 49 Deputy Director of Health and Environment Control 1 35 37 Public Works Superintendent 0 35 32 Street Crew Leader 1 24 23 Street Foreman 0 N/A 26 Water Foreman 1 28 27 5) Approve the recommended reclassification of single incumbents in certain classifications effective July 23, 2017, as follows: Current Classification Salary Grade Reclassification Recommendation Salary Grade Administrative Assistant G13 Permit Technician 17 Account Clerk G14 Risk Management Assistant 14 Account Clerk G14 Account Clerk, Senior 18 Deputy City Attorney M38 Senior Deputy City Attorney 39 Electric Resources Planning & Development Manager M41 Integrated Resources Manager 42 Electrical Test Technician I29 Electrical Test Technician, Senior 31 Human Resources Director Earl reported on the proposed. It was moved by Woodruff-Perez and seconded by Martinez to adopt Resolution No. 2017-36. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Regular City Council Meeting Minutes July 18, 2017 Page 7 of 11 Davis: Yes Martinez: Yes Lopez: Absent Public Utilities Department 26. Approval of a Services Agreement with CH2M Hill Engineers, Inc. for Environmental Support Services Recommendation: A. Find that awarding the contract as outlined in the staff report is exempt from California Environmental Quality Act (“CEQA”) review, because such action 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. Approve the Services Agreement with CH2M Hill Engineers, Inc. (CH2M) for environmental support services, in substantially the same form as submitted herewith, for a total amount not-to-exceed $1,777,462.00 over the three-year term of the agreement; and C. Authorize the City Administrator to execute the proposed Services Agreement, in substantially the same form as submitted herewith, with CH2M. General Manager Kelly Nguyen reported on the proposed. It was moved by Woodruff-Perez and seconded by Davis to Approve the Services Agreement with CH2M Hill Engineers, Inc. (CH2M) for environmental support services, in substantially the same form as submitted herewith, for a total amount not-to-exceed $1,777,462.00 over the three-year term of the agreement. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent 27. Approval of Services Agreement with SEL Engineering Services for Ybarra Substation Electric System Protection Implementation Recommendation: A. Find that approval of this action is exempt from California Environmental Quality Act (“CEQA”) review, because such action 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. Approve the Services Agreement with Schweitzer Engineering Laboratories, Inc. (“SEL”), in substantially the same form as submitted herewith; and C. Authorize the City Administrator to execute a Services Agreement with Schweitzer Engineering Laboratories, Inc. (“SEL”), for a term of three years and an amount not to exceed $256,250.34, for the purpose of securing an engineering services firm to perform a Relay Setting, Replacement and Arc Flash for Ybarra Substation; and D. Authorize the City Administrator to approve change orders not to exceed $40,000. General Manager Nguyen reported on the proposed. Regular City Council Meeting Minutes July 18, 2017 Page 8 of 11 It was moved by Davis and seconded by Martinez to approve the Services Agreement with Schweitzer Engineering Laboratories, Inc for a term of three years and an amount not to exceed $256,250.34, for the purpose of securing an engineering services firm to perform a Relay Setting, Replacement and Arc Flash for Ybarra Substation and to approve change orders not to exceed $40,000. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent Public Works Department 28. Resolution No. 2017-37 - A Resolution of the City Council of the City of Vernon approving and accepting the Grant Deed dedicating in fee a portion of the property located at 2809 44th Street Recommendation: A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(c) because if any construction occurs as a result of accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of Acceptance and the Grant Deed for approximately 406.75 square feet of land located at 2809 44th Street. Interim Director Kevin Wilson reported on the proposed. It was moved by Woodruff-Perez and seconded by Martinez to adopt Resolution No. 2017-37. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent 29. Acceptance of Work of All American Asphalt regarding Contract No. CS-0757: Miscellaneous Grinding, Paving and Crack Seal Recommendation: A. Affirm that accepting the work of All American Asphalt for the Miscellaneous Grinding, Paving and Crack Seal, Contract CS-0757 is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to repair existing streets and involves negligible or no expansion of use beyond that existing currently; and B. Accept the work of All American Asphalt, as part of the Miscellaneous Grinding, Paving and Crack Seal, Contract CS-0757, and authorize the staff to submit a Notice of Completion for the project to the County of Los Angeles Recorder’s Office. Interim Director Wilson reported on the proposed. Regular City Council Meeting Minutes July 18, 2017 Page 9 of 11 It was moved by Davis and seconded by Martinez to accept the work of All American Asphalt, as part of the Miscellaneous Grinding, Paving and Crack Seal, Contract CS-0757, and authorize the staff to submit a Notice of Completion for the project to the County of Los Angeles Recorder’s Office. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent 30. Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change Order No. 7 (Contract No. CS-0099) Recommendation: A. Find that the approval of the proposed change order in this staff report are 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 of the CEQA Guidelines; and B. Find that the approval of the proposed change order in this staff report are 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 of the CEQA Guidelines. Interim Director Wilson reported on the proposed. Mayor Ybarra inquired as to what would case another delay or change to the bridge rehabilitation, Interim Director Wilson went through the various scenarios that would impede the project progress. A discussion ensued between staff and the Council regarding the timeline of the project, possible changes to the agreement, other construction concerns, and various project details. It was moved by Davis and seconded by Martinez to approve the proposed change order in the staff report are within the Initial Study/Mitigated Negative Declaration. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent 31. The West Santa Ana Branch Transit Corridor Scoping Period Recommendation: A. Find that, acting in its capacity as a responsible agency, in compliance with the California Environmental Quality Act (CEQA), the City is submitting comments in response to a Notice of Preparation issued as part of the CEQA review led by the Los Angeles County Metropolitan Transportation Authority (“Metro”); and B. Receive an overview regarding the West Santa Ana Branch Transit Corridor project from City staff; and C. Hold a discussion on the advantages and disadvantages of the various alignments as they relate to the City; and D. Discuss the possibility of proposing a “hybrid” alignment that combines the Pacific Boulevard Alignment with the Blue Line Alignment. This “hybrid” alignment Regular City Council Meeting Minutes July 18, 2017 Page 10 of 11 would consist of the Pacific Boulevard Alignment but instead of turning onto the existing Harbor Subdivision alignment north of Pacific Boulevard, the alignment would remain on Pacific Boulevard and continue on Vernon Avenue until it connects with the Blue Line. From here, the hybrid alignment would continue north following one of the Blue Line Alignments; and E. Authorize the Mayor to sign a letter on behalf of the City addressed to Metro that details the City’s concerns with the project and incorporates directives emanating from this City Council Meeting. Interim Director Wilson reported on the proposed and provided a PowerPoint Presentation. A lengthy dialogue ensued between staff and the City Council about the design, route, and construction impacts, and impact to City functions. It was moved by Woodruff-Perez and seconded by Davis to authorize the Mayor to sign a letter on behalf of the City addressed to Metro that details the City’s concerns with the project. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent City Clerk Ayala noted an error on the posted agenda description for Agenda Item No. 30, the appropriate recommendation language that was not included. 30. Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change Order No. 7 (Contract No. CS-0099) Recommendation: A. Find that the approval of the proposed change order in this staff report are 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 of the CEQA Guidelines; and B. Approve Agreement Change Order No. 7, in substantially the same form as submitted herewith, for the Atlantic Boulevard 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 and coordination services as described below for the additional cost of $228,973.59, increasing the total contract cost to $l,714,868.01. City Clerk Ayala read the recommendation language for Agenda Item No. 30. It was moved by Woodruff-Perez and seconded by Davis to reconsider Agenda Item No. 30 and approve the Agreement Change Order No. 7, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS-0099. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Absent Regular City Council Meeting Minutes July 18, 2017 Page 11 of 11 ORAL REPORTS 32. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator. City Administrator Carlos Fandino reported on the following: Vernon Fire Department strike team effort; a July 6th Business Fire; a July 16th traffic collision; Hazardous Materials Unit 77 recertified as Type 1 unit; various police promotions; I-710 freeway improvement EIR; 470 campaign statement due on July 31st; power outages throughout the City; Vernon Village Park community event; farewell salute to Chief Calleros; SB 469 update at the Sacramento Legislative Conference; urgent care facility; Public Works Candidate interviews; Human Resources employee appreciation event; Vernon Chamber of Commerce event; and graffiti remediation efforts. 33. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Mayor Pro-Tem Woodruff-Perez requested information from Fire and Police about DUI Citations issued and DUI related calls in the City from April up until today’s date. Mayor Ybarra recessed the meeting at 10:24 a.m. CLOSED SESSION At 10:24 a.m., the City Council entered into closed session to discuss the following agendized items: 34. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(a) Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon Los Angeles Superior Court Case No. BS159589 35. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Public Works At 10:59 a.m. the City Council exited closed session. City Attorney Hema Patel announced that one item was discussed and no reportable action was taken. With no further business, at 10:59 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk