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2017-08-15 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 15, 2017, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, Martinez, and Lopez MEMBERS ABSENT: Woodruff-Perez 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 City Clerk Ayala announced that Presentation Item No. 4 would be taken out of order and heard firsts, followed by the remaining order of 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 public comment was provided. PRESENTATIONS 4. A Proclamation for F. Gaviña & Sons, Inc. in Recognition of their 50th Year Anniversary City Clerk Ayala read the proclamation. Lisette and Jose Gaviña were in attendance to receive the City’s Proclamation. Mr. Gaviña thanked the City for the recognition. PUBLIC HEARINGS 1. Ordinance No. 1244 - An Ordinance of the City Council of the City of Vernon Abolishing the Industrial Development Authority and Repealing Sections 27.20 through 27.23 of Article III of Chapter 27 of the Vernon Municipal Code and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith 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. Conduct a Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance repealing Sections 27.20 to 27.23 of Article III of Chapter 27 of the Vernon Municipal Code, abolishing the Industrial Development Authority. Mayor Ybarra opened the Public Hearing at 9:05 a.m. City Clerk Ayala reported on the proposed. No public comment was provided. Mayor Ybarra closed the Public Hearing at 9:07 a.m. Regular City Council Meeting Minutes August 15, 2017 Page 2 of 10 It was moved by Davis and seconded by Martinez to approve the first reading, and adopt at a subsequent meeting, an Ordinance repealing Sections 27.20 to 27.23 of Article III of Chapter 27 of the Vernon Municipal Code, abolishing the Industrial Development Authority. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Yes 2. Ordinance No. 1245 - An Ordinance of the City Council of the City of Vernon Abolishing the Public Benefits Resource Committee and Repealing Section 2.3 of Article I of Chapter 2 of the Vernon Municipal Code and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith 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. Conduct a Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance repealing Section 2.3 of Article I of Chapter 2 of the Vernon Municipal Code, abolishing the Public Benefits Resource Committee. Mayor Ybarra opened the Public Hearing at 9:08 a.m. City Clerk Ayala reported on the proposed. No public comment was provided. Mayor Ybarra closed the Public Hearing at 9:09 a.m. It was moved by Davis and seconded by Lopez to approve the first reading, and adopt at a subsequent meeting, an Ordinance repealing Section 2.3 of Article I of Chapter 2 of the Vernon Municipal Code, abolishing the Public Benefits Resource Committee. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Yes 3. Ordinance No. 1246 - An Ordinance of the City Council of the City of Vernon, California, Adding Article XVII, Section 24.112 to Chapter 24 of the Vernon Municipal Code to Establish an Expedited Permitting Process for Electric Vehicle Charging Stations Recommendation: A. Find that the approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because such action constitutes an administrative activity and it will not result in a direct or indirect physical changes to the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and Regular City Council Meeting Minutes August 15, 2017 Page 3 of 10 B. Open a Public Hearing and receive any comments from the public regarding the proposed amendments, and thereafter close the Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance amending Chapter 24 of the City of Vernon Municipal Code by setting forth an expedited, streamlined permitting process for electric vehicle charging stations as required by Government Code Section 65850.7 Interim Public Works Director Kevin Wilson reported on the proposed. Mayor Ybarra opened the Public Hearing at 9:13 a.m. Davis inquired if any correspondence was received. Interim Director Wilson stated that no correspondence was received. No public comment was provided. Mayor Ybarra closed the Public Hearing at 9:14 a.m. It was moved by Martinez and seconded by Lopez to approve the first reading, and adopt at a subsequent meeting, an Ordinance amending Chapter 24 of the City of Vernon Municipal Code by setting forth an expedited, streamlined permitting process for electric vehicle charging stations as required by Government Code Section 65850.7. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Yes PRESENTATIONS (CONT’D) 5. Service Pin Awards for July 2017 Presented by: Michael Earl, Director of Human Resources NAME DEPARTMENT TITLE YEARS Adam A. Alvarez Public Works Senior Street Maintenance Worker 30 Jonathan E. Flagler Fire Firefighter 15 Ana L. Melendez Public Works Associate Engineer 15 Roberto Zepeda Public Works Senior Water Maintenance Worker 15 Jerrick T. Torres Health Senior Environmental Health Specialist 15 Evangelina Muro City Attorney Executive Legal Secretary 10 Linda Johnson Health Senior Environmental Health Specialist 10 Regular City Council Meeting Minutes August 15, 2017 Page 4 of 10 Human Resources Director Earl presented the service pins to Linda Johnson, Roberto Zepeda, Ana L. Melendez, Adam Alvarez, and Jonathan Flagler who were in attendance. 6. Swear-In Ceremony for Vernon Police Department Promotions - Police Corporal, Gustavo Herrera - Police Sergeant, Gabriel Martinez - Police Lieutenant, Brandon Gray Presented by: Anthony Miranda, Police Chief Police Chief Anthony Miranda provided a brief introduction about Gustavo Herrera, City Clerk Ayala administered the oath of allegiance. Police Chief Miranda provided a brief introduction about Gabriel Martinez, City Clerk Ayala administered the oath of allegiance. Police Chief Miranda provided a brief introduction about Brandon Gray, City Clerk Ayala administered the oath of allegiance. 7. Administer Oath of Office to Newly Appointed City of Vernon Public Works Director, Daniel Wall Human Resource Director Michael Earl provided a brief introduction of Daniel Wall, City Clerk Ayala administered the oath of allegiance. Mayor Ybarra recessed the meeting at 9:31 a.m. The meeting reconvened at 9:47 a.m. 8. Information Session on the Exide Residential Cleanup Project Presented by: The Department of Toxic Substances Control Cesar Campos and Sara Chrome, Department of Toxic Substances Control (DTSC) representatives, provided a PowerPoint Presentation. A lengthy dialogue ensued between the City Council and DTSC representatives regarding the following: amount of mitigated properties; the amount of samples collected; the collection method; continued outreach efforts; timing of cleanup efforts; the sampling methodology; and landscaping or irrigation impacts. Public Comment Marisa Olguin, Vernon Chamber of Commerce, inquired about individual testing results. DTSC answered her inquiry about testing, stating that the results of personal blood levels would not be disclosed. CONSENT CALENDAR It was moved by Davis and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Yes Claims Against the City – Received and Filed 9. None Regular City Council Meeting Minutes August 15, 2017 Page 5 of 10 Warrant Registers 10. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1467 to record voided Check No. 353889 in the amount of $17.66; and B. City Warrant Register No. 1467 to record voided Check No. 353926 in the amount of $36.18; and C. City Warrant Register No. 1471 to record voided Check No. 354466 in the amount of $23.52; and D. City Warrant Register No. 1476 to record voided Check No. 355216 in the amount of $780.73. 11. Ratification of the following Light & Power Warrant Registers to record the following voided checks: A. Light & Power Warrant Register No. 433 to record voided Check No. 512579 in the amount of $47.48. 12. Approval of City Payroll Warrant Register No. 734, totaling $3,373,685.18, which covers the period of July 1 through July 31, 2017 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,509,623.85; and B. Checks and electronic fund transfers (EFT) totaling $864,061.33. 13. Approval of City Warrant Register No. 1477, totaling $2,216,109.86, which covers the period of July 25 through August 7, 2017, and consists of the following: A. Ratification of wire transfers totaling $850,831.63; and B. Ratification of the issuance of early checks totaling $1,339,188.31; and C. Authorization to issue pending checks totaling $26,089.92. 14. Approval of Light & Power Warrant Register No. 442, totaling $1,551,358.83, which covers the period of July 25 through August 7, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,510,595.74; and B. Ratification of the issuance of early checks totaling $40,763.09. 15. Approval of Gas Warrant Register No. 230, totaling $1,813,816.61, which covers the period of July 25 through August 7, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,805,565.09; and B. Ratification of the issuance of early checks totaling $8,251.52. City Administration Department 16. Resolution No. 2017-43 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No 2. To the Temporary At-Will Employment Agreement by and between the City of Vernon and Samuel K. Wilson Recommendation: Regular City Council Meeting Minutes August 15, 2017 Page 6 of 10 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 and authorizing the execution of Amendment No. 2 to the Temporary At-Will Employment Agreement by and between the City of Vernon and Samuel K. Wilson. Finance Department 17. Approval of Request for Permit for Mobile Financial Services, Inc., Doing Business As, Mobile Money, to Operate a Mobile Check Cashing Service within the City Limits of Vernon Recommendation: Items A- C: A. Find that approval of proposed actions related to the permit for Mobile Financial Services, Inc. to operate a mobile check cashing service as detailed in this staff report 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 a significant effect on the environment; and B. Find that Mobile Financial Services, Inc. (dba Mobile Money) has satisfied all requirements necessary to obtain a permit to conduct mobile check cashing services within City limits pursuant to Chapter 18 of the Vernon Municipal Code; and C. Approve the permit application and authorize the issuance of a permit for mobile check cashing services to Mobile Financial Services, Inc. for the remainder of the 2017 calendar year. Health and Environmental Control Department 18. California Department of Toxic Substances Control Final Environmental Impact Report & Final Removal Action Plan (Cleanup Plan) Recommendation: A. Find that receiving a report on the Final Environmental Impact Report and the Final Removal Action Plan (Cleanup Plan) documents from the California Department of Toxic Substances Control 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. 19. July 2017 Monthly Report Police Department 20. Activity Log and Statistical Summary of Arrests and Activities for the period of July 16, through July 31, 2017, to be received and filed 21. Federal Equitable Share Agreement and Annual Certification Report Regular City Council Meeting Minutes August 15, 2017 Page 7 of 10 Recommendation: A. Find that granting authority to execute and submit the above-referenced agreement and related documents 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 the Federal Equitable Share Agreement and Annual Certification Report, in substantially the same form as submitted herewith; and C. Authorize the Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report and submit to the Department of Justice and the Department of the Treasury on behalf of the City of Vernon. Public Works Department 22. Building Department Report for the Month of July 2017 23. Acceptance of Electrical Easement at 4210 East 26th St. (APN 5243-020-816) Recommendation: A. Find that the acceptance of the Electrical 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 Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. NEW BUSINESS Human Resources Department 24. Resolution No. 2017-44 - 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 the Citywide Fringe Benefits and Salary Resolution, effective August 15, 2017 to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan adopting the following revised job descriptions: Business and Account Supervisor Regular City Council Meeting Minutes August 15, 2017 Page 8 of 10 Utilities Compliance Administrator 2) Amend Exhibit A, Classification and Compensation Plan by adjusting the following classification and compensation salary range listed below effective July 23, 2017: Classification Title Total Incumbents Current Salary Grade Recommended Salary Grade Risk Management Assistant 1 14 17 3) Amend Exhibit A, Classification and Compensation Plan by adjusting the following classification and compensation salary range listed below effective July 10, 2016: Classification Title Total Incumbents Current Salary Grade Recommended Salary Grade Environmental Specialist, Senior 3 28 29 4) Approve the recommended reclassification of a single incumbent in one classification as listed below effective July 23, 2017: Current Classification Salary Grade Reclassification Recommendation Salary Grade Administrative Secretary 20 Administrative Analyst 26 Director Earl reported on the proposed. It was moved by Martinez and seconded by Lopez to approve Resolution 2017-44. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Yes Public Utilities Department 25. Contract Award to Virginia Transformer Corp for Bid Specification TR3-2017-LS: Furnishing, Delivering, and Commissioning Three-Phase Power Transformers for the Vernon Public Utilities Department Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because accepting and awarding a bid 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 to the replacement of electrical distribution transformers, the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and B. Accept the bid from Virginia Transformers Corp as the lowest responsive and responsible bidder and reject all other bids; and Regular City Council Meeting Minutes August 15, 2017 Page 9 of 10 C. Approve the labor and materials contract with Virginia Transformer Corp, in substantially the same form as attached herewith, to furnish, deliver, and commission requested power transformers (Bid Specification TR3-2017-LS) for a three (3) year term for a not to exceed amount of $3,660,000. Utilities Operations Manager Todd Dusenberry reported on the proposed. It was moved by Davis and seconded by Lopez to accept the bid from Virginia Transformers Corp as the lowest responsive and responsible bidder and reject all other bids and approve the labor and materials contract with Virginia Transformer Corp, in substantially the same form as attached herewith, to furnish, deliver, and commission requested power transformers (Bid Specification TR3-2017-LS) for a three (3) year term for a not to exceed amount of $3,660,000. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Yes Public Works Department 26. Atlantic Boulevard Bridge Rehabilitation and Widening Project, Preliminary Engineering Agreement with BNSF Recommendation: A. Find that the approval of the proposed reimbursement agreement 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 Reimbursement Agreement, Rehabilitation of Atlantic Blvd. Bridge Over Los Angeles River Federal Aid Project No. DBPL-5139(010), in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project which compensates Burlington Northern Santa Fe Railway Company, (“BNSF”), for their costs in reviewing the plans for the subject project at a cost not to exceed $50,000; and C. Authorize the City Administrator to execute the Reimbursement Agreement with BNSF. Interim Director Wilson reported on the proposed. It was moved by Lopez and seconded by Davis to approve Reimbursement Agreement, Rehabilitation of Atlantic Blvd. Bridge over Los Angeles River Federal Aid Project No. DBPL- 5139(010). Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Yes ORAL REPORTS 5. City Administrator Reports – brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: various incidents involving Vernon Police since August 1st; State Department of Finance to transfer $22.6 million from the Vernon Successor Agency to the City; August 10th Fire at 2900 S. Sunol Dr.; completion of outstanding Regular City Council Meeting Minutes August 15, 2017 Page 10 of 10 JLAC recommendation for reform; proposed Measure R; Business and Industry Commission, impacts of the High Speed Rail project; August 0th Gavina 50th anniversary event; and he welcomed Daniel Wall to the City of Vernon. 6. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. With no further business, at 10:32 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk