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2017-08-01 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 1, 2017, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Fire Chief Bruce English led the flag salute. CHANGES TO THE AGENDA Deputy City Clerk Matthew Ceballos announced that 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. CONSENT CALENDAR It was moved by Davis and seconded by Woodruff-Perez 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: Absent Lopez: Yes Claims Against the City – Received and Filed 1. Claim for Damages from Price Power Int’l Inc. received July 24, 2017 Warrant Registers 2. Approval of City Warrant Register No. 1476, totaling $826,839.14, which covers the period of July 11 through July 24, 2017, and consists of the following: A. Ratification of wire transfers totaling $340,593.07; and B. Ratification of the issuance of early checks totaling $425,458.99; and C. Authorization to issue pending checks totaling $60,787.08. 3. Approval of Light & Power Warrant Register No. 441, totaling $6,245,628.00, which covers the period of July 11 through July 24, 2017, and consists of the following: A. Ratification of wire transfers totaling $6,204,805.35; and B. Ratification of the issuance of early checks totaling $40,822.65. 4. Approval of Gas Warrant Register No. 229, totaling $79,919.48, which covers the period of July 11 through July 24, 2017, and consists of the following: A. Ratification of wire transfers totaling $157.09; and B. Ratification of the issuance of early checks totaling $79,762.39. Regular City Council Meeting Minutes August 1, 2017 Page 2 of 7 5. Approval of RDA Obligation Retirement Fund Warrant Register No. 37, totaling $159, which covers the period of April 25 through July 24, 2017, and consists of the following: A. Ratification of the issuance of early checks totaling $159.00. City Administration Department 6. Report on FY 2016/2017 Vernon CommUNITY Fund Grant Committee Activity Recommendation: A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund Grant Committee 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. 7. Approval of Additional Funds for End User License Agreement and Software Support Agreement with Tritech Software Systems 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 additional funds for current End User License Agreement and Software Support Agreement with Tritech Software Systems in the amount of $2,635.39. Fire Department 8. Activity Report for the period of June 16 through June 30, 2017 9. Activity Report for the period of July 1 through July 15, 2017 Police Department 10. Activity Log and Statistical Summary of Arrests and Activities for the period of July 1, through –July 15, 2017, to be received and filed Public Utilities Department 11. Resolution No. 2017-38 - A Resolution of the City Council of the City of Vernon approving and adopting an Amended Natural Gas Rebate Program for customers connected to the City’s Gas Distribution System and repealing all resolutions in conflict therewith Recommendation: A. Find that adopting the proposed resolution is exempt under the California Environmental Quality Act (“CEQA”), 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 even if it were considered to be a “project,” the activity would be categorically exempt from CEQA review under CEQA Guidelines section 15307, because it is an action taken by a regulatory agency, as authorized by state law, to Regular City Council Meeting Minutes August 1, 2017 Page 3 of 7 assure the “maintenance, restoration, or enhancement” of natural resources and includes procedures to protect the environment; and B. Adopt a resolution approving and adopting an amended natural gas rebate program for customers connected to the City’s gas distribution system and repealing all resolutions in conflict therewith. 12. Resolution No. 2017-39 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an Added Facilities Agreement by and between the City of Vernon and Gt’s Living Foods, LLC Recommendation: A. Find that the approval of the proposed agreement is exempt under the California Environmental Quality Act (“CEQA”), 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. As for the possible construction of additional laterals and related meters to deliver electric service, the proposed action is categorically exempt from CEQA review, in accordance with CEQA Guidelines § 15301, because the proposed project consists of the maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use; and B. Adopt a resolution approving and authorizing the execution of an Added Facilities Agreement by and between the City of Vernon and GT’s Living Foods, LLC. Public Works Department 13. Building Department Report for the Month of June 2017 NEW BUSINESS City Administration Department 14. Award of Administrative Management of Vernon CommUNITY Fund Grant Committee Activities Services Agreement to Jemmott Rollins Group, Inc. Recommendation: A. Find that approval of the services agreement proposed in this staff report 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 B. Approve a Services Agreement with Jemmott Rollins Group, Inc. (“JRG”), in substantially the same form as submitted herewith, for a three-year term in an amount not-to-exceed $174,500 per year for administrative management assistance of the Vernon CommUNITY Fund and related Grant Committee activities; and C. Authorize the City Administrator to execute a Services Agreement with JRG with an effective date of August 1, 2017. Executive Assistant to the City Administration Lilia Hernandez reported on the proposed. It was moved by Woodruff-Perez and seconded by Lopez to approve a Services Agreement with Jemmott Rollins Group, Inc. (“JRG”), for a three-year term in an amount not-to-exceed $174,500 per year for administrative management assistance of the Vernon CommUNITY Fund and related Grant Committee activities. Motion carried, 4-0. Ybarra: Yes Regular City Council Meeting Minutes August 1, 2017 Page 4 of 7 Woodruff-Perez: Yes Davis: Yes Martinez: Absent Lopez: Yes 15. Resolution No. 2017-40 - A Resolution of the City Council of the City of Vernon appointing Daniel Wall to serve as the Director of Public Works of the City of Vernon and approving and authorizing the execution of a related at-will employment agreement Recommendation: 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 the attached resolution appointing Daniel Wall to serve as Director of Public Works of the City of Vernon effective August 14, 2017, and approving and authorizing the execution of a related at-will employment agreement. Human Resources Director Michael Earl reported on the proposed. Mayor Pro-Tem Woodruff-Perez inquired about the salary step the new Public Works Director would be placed, Director Earl replied that he would be placed on step one. It was moved by Davis and seconded by Woodruff-Perez to approve Resolution No. 2017-40. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Absent Lopez: Yes Finance Department 16. Ratification of Property and Casualty Insurance Placements for Fiscal Year 2017- 18 Recommendation: A. Find that approval of the placement of property and casualty insurance for fiscal year 2017-18 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 in Section 15378 of the CEQA Guidelines; and B. Find that conducting a competitive selection process is commercially unreasonable at this time due to the City’s immediate need to procure insurance coverage for Fiscal Year 2018, and direct retention of AON is in the best interests of the City; and C. Ratify the procurement of annual insurance coverage for fiscal year 2017-18, provided the total annual premiums do not exceed $937,200. This includes the renewal of policies for excess liability insurance, errors & omissions, property, excess workers’ compensation, crime, pollution liability, and environmental site liability, automobile physical damage, cyber liability, terrorism coverages, and brokerage service fees. Regular City Council Meeting Minutes August 1, 2017 Page 5 of 7 Finance Director William Fox reported on the proposed. It was moved by Woodruff-Perez and seconded by Lopez to ratify the procurement of annual insurance coverage for fiscal year 2017-18, provided the total annual premiums do not exceed $937,200. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Absent Lopez: Yes Fire Department 17. Resolution No. 2017-41 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a master lease purchase agreement by and between the City of Vernon and PNC Equipment Finance, LLC Recommendation: A. Find that approval of the resolution proposed in this staff report is exempt under the California Environmental Quality Act (“CEQA”), because the proposed 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. Furthermore, even if it were a project, this action would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt a resolution to authorize the Mayor to enter into an Agreement for the lease- purchase of the one (1) Pierce Arrow XT 107’ Heavy Duty Tiller with PNC Equipment Finance, LLC in the amount of $1,378,312.38. Fire Chief English reported on the proposed. Councilmember Davis inquired about technical aspects of the equipment, Chief English responded to his question. It was moved by Woodruff-Perez and seconded by Davis to approve Resolution No. 2017-41. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Absent Lopez: Yes Public Works Department 18. Resolution No. 2017-42 - 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 2716 Vernon Avenue 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 Regular City Council Meeting Minutes August 1, 2017 Page 6 of 7 B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of Acceptance and the Grant Deed for approximately 1,086 square feet of land located at 2716 Vernon Avenue. Public Works Interim Director Kevin Wilson reported on the proposed. It was moved by Woodruff-Perez and seconded by Lopez to adopt Resolution No. 2017-42. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Absent Lopez: Yes 19. Acceptance of Fire Lane Easement at 2716 Vernon Avenue (APN 6308-005-018) Recommendation: A. Find that the acceptance of the Fire Lane Easement proposed in this staff report is not a “project” as that term is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Fire Lane Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. Interim Director Wilson reported on the proposed. It was moved by Lopez and seconded by Davis to accept the Fire Lane Easement and authorize the Mayor to execute the Certificate of Acceptance. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Absent Lopez: Yes ORAL REPORTS 20. City Administrator Reports – brief reports on activities and other brief announcements. Public Comment Kim Tachiki, Senior Field Deputy for the Office of Congresswoman Lucille Roybal-Allard, thanked the Council for the City’s participation in the annual art competition and presented them with framed posters of the winning artwork. Executive Assistant Hernandez reported on the following: Police handling of the 7-Up Teamsters strike; Fire Department Wildland Strike Team fighting the “Mariposa Fire”; Fire Department responded to brush burning in the riverbed at 26th St bridge on July 19th; Vernon Haz-Mat team recertified as a Type 1 “Heavy” Hazardous Materials Program; a 2-year service contract with the Greater Los Angeles County Vector Control District; and application submitted for the Los Angeles County Economic Development Corporation’s Most Business Friendly City Awards; and the next Vernon Business & Industry Commission meeting. Regular City Council Meeting Minutes August 1, 2017 Page 7 of 7 21. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Mayor Ybarra recessed the meeting at 9:29 a.m. CLOSED SESSION At 9:29 a.m., the City Council entered into closed session to discuss the following agendized items: 22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265. At 9:42 a.m. the City Council exited closed session. Senior Deputy City Attorney Zaynah Moussa announced that one item was discussed and no reportable action was taken. With no further business, at 9:42 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk