2017-09-19 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, SEPTEMBER 19, 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; Police Chief Anthony Miranda 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 public comment was provided. PRESENTATIONS
1. A Proclamation of the Mayor and the City Council of the City of Vernon
commending Darren J. Simpkins for his many years of service to the City of Vernon City Clerk Maria Ayala read the proclamation.
Fire Chief Bruce English said a few words commending Darren J. Simpkins on his service to the
City.
2. Service Pin Awards for August 2017 Presented by: Michael Earl, Director of Human Resources
NAME DEPARTMENT TITLE YEARS
John A. Cusolito
Fire
Fire Captain
30
William C. Niesley
Fire
Fire Captain
30
Stephen G. Agon
Fire
Fire Captain
30
Roberto C. Sousa
Police
Police Captain
20
Human Resources Director Michael Earl presented the service pin awards to Roberto Sousa and
John Cusolito, who were in attendance.
3. Lower Los Angeles River Revitalization Plan Presented by: Mark Stanley, Representative for the Rivers and Mountains Conservancy
Agency
Due to the non-appearance of the Representative for the Rivers and Mountains Conservancy Agency, the City Council came to a consensus to Table Item No. 3 to the next meeting.
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September 19, 2017
Page 2 of 7
CONSENT CALENDAR It was moved by Davis and seconded by Lopez 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
4. None
Warrant Registers 5. Ratification of the following City Warrant Register to record the following voided
checks:
A. City Warrant Register No. 1468 to record voided Check No. 354072 in the amount
of $100.00; and
B. City Warrant Register No. 1469 to record voided Check No. 354121 in the amount
of $100.00. 6. Approval of City Payroll Warrant Register No. 735, totaling $4,738,807.43, which covers the period of August 1 through August 31, 2017 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $3,735,642.38; and
B. Checks and electronic fund transfers (EFT) totaling $1,003,165.05.
7. Approval of City Warrant Register No. 1479, totaling $1,211,260.36, which covers
the period of August 29 through September 11, 2017, and consists of the following:
A. Ratification of wire transfers totaling $1,009,801.73; and
B. Ratification of the issuance of early checks totaling $168,635.37; and
C. Authorization to issue pending checks totaling $32,823.26.
8. Approval of Light & Power Warrant Register No. 444, totaling $3,955,202.57, which
covers the period of August 29 through September 11, 2017, and consists of the
following:
A. Ratification of wire transfers totaling $3,823,432.61; and
B. Ratification of the issuance of early checks totaling $87,135.85; and
C. Authorization to issue pending checks totaling $44,634.11.
9. Approval of Gas Warrant Register No. 232, totaling $25,409.90, which covers the
period of August 29 through September 11, 2017, and consists of the following:
A. Ratification of the issuance of early checks totaling $25,409.90. City Administration Department
10. Approval to Renew Maintenance Agreement with Tyler Technologies, Inc.
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September 19, 2017
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Recommendation: A. Find that approval of the proposed action is exempt under the California
Environmental Quality Act (“CEQA”) review, because it is 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 renewal of the Maintenance Agreement with Tyler Technologies, Inc.
in an amount not to exceed $79,344.46 for a period of one year commencing on January 1, 2018. The renewal is exempt from competitive bidding and competitive
selection pursuant to Section 2.17.12(A)(2) of the Vernon Municipal Code as
maintenance services are for a proprietary software and are available from only one
vendor.
Health and Environmental Control Department 11. August 2017 Monthly Report
Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of August 16, through August 31, 2017 to be received and filed
13. Drug Enforcement Administration Agreement Recommendation:
A. Find that granting authority to execute the referenced 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
B. Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration (DEA), in substantially the same form as submitted herewith, for continued participation in the Southwest Border Initiative (SWBI) taskforce.
14. Office of Traffic Safety Grant Agreement
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. Authorize the City Administrator to execute an agreement between the City of Vernon and the Office of Traffic Safety, in substantially the same form as submitted herewith, for participation in the Selective Traffic Enforcement Program (STEP).
Public Works Department
15. Building Department Report for the Month of August 2017 16. Approval of Amendment No. 3 to Contract CS-0448 with Haul-Away Rubbish
Service Company, Inc. for Refuse Collection, Recycling and Disposal Services
Recommendation:
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September 19, 2017
Page 4 of 7
A. Find that approval of the proposed amendment to the Agreement with Haul-Away Rubbish Service Company, Inc. 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 is not a
“project’ as defined by CEQA Guidelines, Section 15378; and B. Authorize the City Administrator to execute Amendment No. 3 to Contract CS-
0448, in substantially the same form as submitted herewith, for the purpose of
providing a brief extension to the Agreement with Haul-Away Rubbish Service
Company, Inc. dated October 1, 2014, with no increase to the not-to-exceed cost of $123,800.00. NEW BUSINESS
City Administration Department 17. Award of Managed Print Services Agreement to MRC Xerox
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 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 a Services Agreement with MRC Xerox, in substantially the same form
as submitted herewith, for a three-year term in an amount not-to-exceed
$104,040.00 per year for managed print services; and
C. Authorize the City Administrator to execute a Services Agreement with MRC
Xerox with an effective date of September 19, 2017; and
D. Authorize the City Administrator to issue change orders for an amount not-to-
exceed $50,000.00 over the three-year term of the agreement. City Administrator Fandino reported on the proposed.
It was moved by Martinez and seconded by Davis to approve a Services Agreement with MRC
Xerox, in substantially the same form as submitted herewith, for a three-year term in an amount not-to-exceed $104,040.00 per year for managed print services, and authorize the City
Administrator to execute a Services Agreement with MRC Xerox, and authorize the City
Administrator to issue change orders for an amount not-to-exceed $50,000.00 over the three-year
term of the agreement. Motion carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent
Davis: Yes
Martinez: Yes Lopez: Yes City Attorney Department
18. Resolution No. 2017-48 - A Resolution of the City Council of the City of Vernon
approving the general form of a Three Party City-Developer-Consultant Professional Services Agreement pursuant to Article IV of Chapter 2, Section 2.17.34 of the Vernon Municipal Code
Recommendation:
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September 19, 2017
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A. Find that approval of the forms of contract and of related documents in this staff report 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. Adopt the attached Resolution approving the general form of a Three Party City-
Developer-Consultant Professional Services Agreement pursuant to Article IV of
Chapter 2, Section 2.17.34 of the Vernon Municipal Code.
Senior Deputy Attorney Brian Byun reported on the proposed.
It was moved by Martinez and seconded by Lopez to approve Resolution No. 2017-48. Motion
carried, 4-0.
Ybarra: Yes Woodruff-Perez: Absent
Davis: Yes
Martinez: Yes
Lopez: Yes
Public Works Department
19. Purchase of Two Ford Series Utility Vehicles (One 2017 Ford F-550 Cab Model and
One 2017 Ford F-250 Model) Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act
(“CEQA”) review, because purchasing vehicles 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 such an action were a “project,” it would be exempt from CEQA
review 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. Approve the purchase of two Ford F Series utility vehicles (one 2017 Ford F-550
Cab Model with dump bed and one 2017 Ford F-250 with a utility body) for a total
cost of $113,245.90. Public Works Director Daniel Wall reported on the proposed.
It was moved by Davis and seconded by Martinez to approve the purchase of two Ford F Series
utility vehicles (one 2017 Ford F-550 Cab Model with dump bed and one 2017 Ford F-250 with a utility body) for a total cost of $113,245.90. Motion carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent Davis: Yes Martinez: Yes
Lopez: Yes
20. Resolution No. 2017-49 - A Resolution of the City Council of the City of Vernon
opposing the California High-Speed Rail Authority’s currently proposed alignment for the High-Speed Rail Project
Recommendation:
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September 19, 2017
Page 6 of 7
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 declaring the City’s opposition to the California
High-Speed Rail Authority’s currently proposed alignment for the High-Speed Rail
Project. Presently, the alignment for the High-Speed Rail will negatively impact
Vernon’s economy, as it will lead to the acquisition of properties within Vernon city limits that are zoned for industrial land use.
Public Works Director Wall reported on the proposed.
Public Comment
Marisa Olguin, Chamber of Commerce, spoke in opposition to the High Speed Rail project as the
plan is being presented in its current form, in Vernon and said the Chamber of Commerce is aligned
with the City in its opposition as expressed in the proposed resolution.
It was moved by Lopez and seconded by Martinez to approve Resolution No. 2017-49. Motion
carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent Davis: Yes
Martinez: Yes
Lopez: Yes
Public Utilities Department
21. Award of Service Agreements to AM Ortega Construction, Inc. and Michels Corporation for Natural Gas Construction and Repair Services
Recommendation: A. Find that awarding the service agreements 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 even if such activity were deemed a
“project,” it would be categorically exempt from CEQA review in accordance with
CEQA Guidelines section 15301 (repair, maintenance or minor alteration of
existing public facilities and mechanical equipment) and 15302 (replacement or
reconstruction of existing structures and facilities), as well as section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant
effect on the environment; and
B. Approve a Service Agreement with A.M. Ortega Construction, Inc. (“AM Ortega”), as the primary provider for services regarding natural gas construction and repair support services, for a total compensation amount not-to-exceed $300,000 per year,
and a grand total amount not-to-exceed $900,000 over the three-year term of the
agreement; and
i. Authorize the City Administrator to execute a Service Agreement, in substantially the same form as submitted herewith, with AM Ortega
to be effective October 1, 2017; and
ii. Authorize the City Administrator to issue change orders that may increase compensation for AM Ortega in an amount not-to-exceed $30,000 per year; and
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September 19, 2017
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C. Approve a Service Agreement with Michels Corporation (“Michels”) as the
secondary provider for services regarding natural gas construction and repair
support services, for a total compensation amount not-to-exceed $300,000 per year,
and a grand total amount not-to-exceed $900,000 over the three-year term of the agreement; and
i. Authorize the City Administrator to execute a Service Agreement, in
substantially the same form as submitted herewith, with Michels to be
effective October 1, 2017; and ii. Authorize the City Administrator to issue change orders that may
increase compensation for Michels in an amount not-to-exceed
$30,000 per year.
General Manager Kelly Nguyen reported on the proposed.
It was moved by Davis and seconded by Martinez to approve two Service Agreements (1) with
A.M. Ortega Construction, Inc. (“AM Ortega”) as the primary provider for services regarding
natural gas construction and repair support services, for a total compensation amount not-to-exceed $300,000 per year, and a grand total amount not-to-exceed $900,000 over the three-year term of
the agreement and (2) with Michels Corporation (“Michels”) as the secondary provider for
services regarding natural gas construction and repair support services, for a total compensation
amount not-to-exceed $300,000 per year, and a grand total amount not-to-exceed $900,000 over
the three-year term of the agreement. Motion carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent
Davis: Yes
Martinez: Yes Lopez: Yes
ORAL REPORTS
22. City Administrator Reports – brief reports on activities and other brief announcements.
City Administrator Carlos Fandino reported on the following: the SCPPA tour of the power plant;
various outages throughout the City; the September 21st Vernon Networking Committee’s monthly
breakfast hosted by the Fire Department; the current FY 2017 independent audit taking place; the
windfarm land appraisals; a “class action” against Barclays Bank; the September 12-15th California League of Cities Annual Conference; the Municipal Derivatives settlement; Vernon CommUNITY Fund Grant Committee visit to the Boys & Girls Clubs; and the upcoming Green Vernon
Commission meeting.
City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff.
No reports were provided.
With no further business, at 9:31 a.m., Mayor Ybarra adjourned the meeting.
________________________
Melissa Ybarra Mayor ATTEST:
_________________________ Maria E. Ayala City Clerk