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2017-10-03 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 3, 2017, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, Martinez, and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Mayor Ybarra also led the flag salute. At this time Mayor Ybarra asked for a moment of silence to honor the victims of the tragedy that occurred in Las Vegas on Sunday, October 1, 2017. 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. PUBLIC HEARING Public Works Department 1. ORDINANCE NO. 1247 - An Ordinance of the City Council of the City of Vernon Amending Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting By Right Incidental Uses and modifying the Parking and Loading Requirements For Such Uses In The Industrial “I” Zone; and repealing all ordinances or parts of ordinances in conflict herewith (First Reading) Recommendation: A. Find that approval of the proposed Ordinance is exempt from California Environmental Quality Act (CEQA) as it is not considered a “project” under CEQA which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, Cal. Pub. Res. Code Section 21065. Under the proposed ordinance, no such activity is being undertaken. Even if the ordinance were to be considered a “project” under CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the adoption of amendments to revise state-mandated construction codes merely to improve the safety of buildings and will not have any effect on the environment; and 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 Vernon Municipal Code regarding the 2016 Green Building Standards Code and Chapter 26 regarding Incidental Uses. Regular City Council Meeting Minutes October 3, 2017 Page 2 of 10 At 9:02 a.m. Mayor Ybarra opened the Public Hearing. Public Works Director Daniel Wall reported on the proposed. Councilmember Davis inquired as to communication received by the City, City Clerk Ayala informed the Council that no communication was received, No public comment was provided. At 9:05 a.m. Mayor Ybarra closed the Public Hearing. It was moved by Davis and seconded by Lopez to approve the first reading, and adopt at a subsequent meeting, Ordinance 1247. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes CONSENT CALENDAR No public comment was provided. It was moved by Woodruff-Perez and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Claims Against the City – Received and Filed 2. None Minutes – To be Received and Filed 3. Minutes of the Special City Council Meeting held August 30, 2017 4. Minutes of the Regular City Council Meeting held September 5, 2017 5. Minutes of the Regular City Council Meeting held September 19, 2017 Warrant Registers 6. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1477 to record voided Check No. 355329 in the amount of $208.00. 7. Ratification of the following Light & Power Warrant Registers to record the following voided checks: A. Light & Power Warrant Register No. 444 to record voided Check No. 512881 in the amount of $150.00. Regular City Council Meeting Minutes October 3, 2017 Page 3 of 10 8. Approval of City Warrant Register No. 1480, totaling $1,067,160.74, which covers the period of September 12 through September 25, 2017, and consists of the following: A. Ratification of wire transfers totaling $338,386.75; and B. Ratification of the issuance of early checks totaling $682,420.87; and C. Authorization to issue pending checks totaling $46,353.12. 9. Approval of Light & Power Warrant Register No. 445, totaling $6,153,713.10, which covers the period of September 12 through September 25, 2017, and consists of the following: A. Ratification of wire transfers totaling $6,043,609.09; and B. Ratification of the issuance of early checks totaling $31,427.44; and C. Authorization to issue pending checks totaling $78,676.57. 10. Approval of Gas Warrant Register No. 233, totaling $1,859,075.26, which covers the period of September 12 through September 25, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,857,103.91; and B. Ratification of the issuance of early checks totaling $1,971.35. City Clerk Department 11. Re-installation of California Historical Landmark No. 167 – La Mesa Battlefield Site Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15031, because the installation of a small concrete pedestal and memorial plaque involves minor exterior construction with negligible or no expansion of use; and B. Approve an advanced deposit with the Native Sons of the Golden West to manufacture the California Historical Landmark No. 167 memorial plaque and assist with preparation of a dedication ceremony, for an amount not to exceed $3,000; and C. Authorize Public Works to install the memorial plaque, to be located in the City Hall courtyard at 4305 S. Santa Fe Avenue, Vernon CA, 90058. Fire Department 12. Activity Report for the period of August 16 through August 31, 2017 13. Activity Report for the period of September 1 through September 15, 2017 Human Resources Department 14. Adoption of Revised City of Vernon Personnel Policies and Procedures – Respiratory Protection Program, VI-1 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 Regular City Council Meeting Minutes October 3, 2017 Page 4 of 10 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 attached Revised Personnel Policy and Procedure – Respiratory Protection Program, VI-I; and C. Authorize the City Administrator to revise and update Appendix A – Job Classifications Covered by a Mandatory Respiratory Program, as needed to reflect changes and/or updates in job classifications and work functions requiring use of respirators; and D. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Police Department 15. Activity Log and Statistical Summary of Arrests and Activities for the period of September 1, through September 15, 2017 to be received and filed Public Works Department 16. Acceptance of Electrical Easement at 4490 Ayers Ave. (APN 6304-001-025) 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. 17. Acceptance of Utility Easement from Alameda Corridor Transportation Authority (“ACTA”), Assessor’s Parcel Numbers 6302-009-042 & 045 Recommendation: A. Find that the acceptance of the 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 Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. NEW BUSINESS City Administration Department 18. Resolution No. 2017-50 - A Resolution of the City Council of the City of Vernon approving the ground lease re-assignment and sublease at 2970 E. 50th Street and Regular City Council Meeting Minutes October 3, 2017 Page 5 of 10 authorizing the execution of related ground lessor estoppel, consent and ground lease amendment Recommendation: A. Find that approval of the resolution proposed in this staff report is exempt from the California Environmental Quality Act (“CEQA”), 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. Adopt a resolution approving the ground lease re-assignment and sublease at 2970 E. 50th Street and authorizing the execution of related Ground Lessor Estoppel, Consent and Ground Lease Amendment. City Administrator Fandino reported on the proposed. No public comment was provided. It was moved by Lopez and seconded by Davis to adopt Resolution No. 2017-50. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Fire Department 19. Request to Repeal and Approve a Revised Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2014 Urban Areas Security Initiative Grant Program Recommendation: A. Find that approval of the amendment proposed is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government fiscal and 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. Repeal the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2014 Urban Areas Security Initiative (“2014 UASI”) grant program, that was approved by City Council on September 20, 2016; and C. Approve a revised Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon, in substantially the same form as submitted herewith, and authorize the Mayor to execute documents necessary to obtain additional grant funds and extend the performance period. Fire Chief Bruce English reported on the proposed. No public comment was provided. It was moved by Lopez and seconded by Martinez to repeal the Second Amendment to Agreement Number C-125491 and approve a revised Second Amendment to Agreement Number C-125491 Regular City Council Meeting Minutes October 3, 2017 Page 6 of 10 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon and authorize the Mayor to execute documents necessary to obtain additional grant funds and extend the performance period. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Public Utilities Department 20. Authorize the Issuance of a Purchase Contract with OneSource Distributors for Two Metal-Enclosed Switchgears 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. Approve and authorize the issuance of a purchase contract with OneSource Distributors, for an amount not to exceed $227,160.25, including taxes and fees, for two (2) metal-enclosed switchgears. Electronic Resources Planning and Development Manager Abraham Alemu reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Woodruff-Perez to approve and authorize the issuance of a purchase contract with OneSource Distributors, for an amount not to exceed $227,160.25, including taxes and fees, for two (2) metal-enclosed switchgears. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 21. Approval of Fourth Amendment to the Power Purchase Tolling Agreement with Bicent California Malburg LLC Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing maintenance 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 Fourth Amendment to the Power Purchase Tolling Agreement with Bicent California Malburg LLC, in substantially the same form as submitted Regular City Council Meeting Minutes October 3, 2017 Page 7 of 10 herewith, for the purpose of lowering the Malburg Generating Station (MGS) minimum dispatch level from the existing 80 megawatts (MW) level to 70MW; and C. Authorize the General Manager of Public Utilities to execute the Fourth Amendment to the Power Purchase Tolling Agreement (PPTA) with Bicent California Malburg LLC. Manager Alemu reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Martinez to approve the Fourth Amendment to the Power Purchase Tolling Agreement with Bicent California Malburg LLC, for the purpose of lowering the Malburg Generating Station (MGS) minimum dispatch level from the existing 80 megawatts (MW) level to 70MW, and authorize the General Manager of Public Utilities to execute the Fourth Amendment. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 22. Award of a Services Agreement to JRM for Unarmed Security Guard Services Recommendation: A. Find that the approval of the proposed 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 JRM for unarmed security guard services, in substantially the same form as submitted herewith, for a total amount not-to-exceed $1,267,968 over the three-year term of the agreement; and C. Authorize the City Administrator to execute the proposed Services Agreement with JRM with an effective date of October 30, 2017; and D. Authorize the City Administrator to issue change orders, if necessary, for an amount not-to-exceed $90,000 over the three-year term of the agreement. Manager Alemu reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Martinez to approve the Services Agreement with JRM for unarmed security guard services, for a total amount not-to-exceed $1,267,968 over the three-year term of the agreement, and authorize the City Administrator to execute the proposed Services Agreement with JRM with an effective date of October 30, 2017, and authorize the City Administrator to issue change orders, if necessary, for an amount not-to-exceed $90,000 over the three-year term of the agreement. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Regular City Council Meeting Minutes October 3, 2017 Page 8 of 10 23. Award of a Services Agreement to NewGen Strategies and Solutions, LLC for Cost of Service and Rate Design Study Recommendation: A. Find that awarding the bid 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 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 an effect on the environment; and B. Approve a Services Agreement with NewGen Strategies and Solutions, LLC for services regarding the Cost of Service and Rate Design study for the Public Utilities Department, for a compensation amount not-to-exceed $69,815 over the one-year term of the agreement; and C. Authorize the City Administrator to execute a Service Agreement, in substantially the same form as submitted herewith, with NewGen Strategies and Solutions, LLC; and D. Authorize the City Administrator to issue change orders, if necessary, that may increase compensation for NewGen Strategies and Solutions, LLC in an amount not-to-exceed $15,000 over the one-year term of the agreement. Manager Alemu reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Lopez to approve a Services Agreement with NewGen Strategies and Solutions, LLC for services regarding the Cost of Service and Rate Design study for the Public Utilities Department, for a compensation amount not-to-exceed $69,815 over the one-year term of the agreement, and authorize the City Administrator to execute a Service Agreement, in substantially the same form as submitted herewith, with NewGen Strategies & Solutions, LLC, and authorize the City Administrator to issue change orders, if necessary, that may increase compensation for NewGen Strategies and Solutions, LLC in an amount not-to- exceed $15,000 over the one-year term of the agreement. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 24. Award of a Services Agreement with Black & Veatch Management Consulting, LLC for the Development of an Integrated Resource Plan Recommendation: A. Find that awarding the bid 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 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 an effect on the environment; and Regular City Council Meeting Minutes October 3, 2017 Page 9 of 10 B. Approve a services agreement with Black & Veatch Management Consulting, LLC (“Black and Veatch”) for services regarding the development of an Integrated Resource Plan for the Public Utilities Department, for a compensation amount not- to-exceed $175,000 over the one-year term of the agreement; and C. Authorize the City Administrator to execute a Service Agreement, in substantially the same form as submitted herewith, with Black & Veatch; and D. Authorize the City Administrator to issue change orders, if necessary, that may increase compensation for Black & Veatch in an amount not-to-exceed $30,000 over the one-year term of the agreement. Manager Alemu reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Martinez to approve a services agreement with Black & Veatch Management Consulting, LLC (“Black and Veatch”) for services regarding the development of an Integrated Resource Plan for the Public Utilities Department, for a compensation amount not-to-exceed $175,000 over the one-year term of the agreement, and authorize the City Administrator to execute a Service Agreement, in substantially the same form as submitted herewith, with Black & Veatch, and authorize the City Administrator to issue change orders, if necessary, that may increase compensation for Black & Veatch in an amount not-to- exceed $30,000 over the one-year term of the agreement. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 25. Approval of Water Rights License and Agreement for Liberty Utilities Recommendation: A. Find that approval of the proposed action 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 B. Approve a Water Rights License and Agreement with Liberty Utilities, in substantially the same form as submitted herewith, to lease 1,000 acre feet from the City of Vernon’s Allocated Pumping Rights in the Central Basin for a lease unit price per acre foot is $150.00 for a revenue total of $150,000 to be placed into the Public Utilities Water Fund Revenue Account; and C. Authorize General Manager of Public Utilities to execute the Water Rights License and Agreement with Liberty Utilities. Manager Alemu reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Lopez to approve a Water Rights License and Agreement with Liberty Utilities, to lease 1,000 acre feet from the City of Vernon’s Allocated Pumping Rights in the Central Basin for a lease unit price per acre foot is $150.00 for a revenue total of $150,000 to be placed into the Public Utilities Water Fund Revenue Account, and authorize General Manager of Public Utilities to execute the Water Rights License and Agreement with Liberty Utilities. Motion carried, 5-0. Regular City Council Meeting Minutes October 3, 2017 Page 10 of 10 Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes ORAL REPORTS 26. City Administrator Reports – brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: Vernon Police shut down a September 23rd marijuana festival; “National Coffee with a Cop Day” on October 4th; “Chat with the Chief” event at Vernon Village Park on October 4th ; “National Walk to School Day” on October 4th; 2017 Pink Patch Project; Power outages throughout the City; Annual Southern California Public Power Authority (SCPPA) State Staff Tour at the Malberg Generating Station; Canyon wildfire incident Strike Team; Fire Department Pinktober shirts on sale for fundraiser; Update on the Hepatitis A outbreak; and the City’s Halloween Spook-tacular event and Community Outreach. 27. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Mayor Pro-Tem Woodruff-Perez suggested the City look into participating in the Tournament of Roses Parade. City Administration staff noted that they would look into her request and get back to Council with more information. At 9:40 a.m., the City Council entered into closed session to discuss the following agendized items: CLOSED SESSION 28. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 Property: 2800-2900 E. 50th Street, Vernon, California Agency negotiator: Carlos Fandino, City Administrator Negotiating parties: Crown Poly and/or Assignee Under negotiation: Price and Terms of Payment 29. 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 9:55 a.m. the City Council exited closed session. Senior Deputy City Attorney Zaynah Moussa reported that two items were discussed and that no reportable action was taken. With no further business, at 9:55 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk