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2017-12-05 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 5, 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; Fire Chief Bruce English led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that one item would be taken out of order, Item No. 9 presentation would be taken after Item No. 7. After Item No. 9 was concluded a short break would be taken. 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. Marisa Olguin, Vernon Chamber of Commerce, commented on the proposed Measure R. The Chamber supported a User Utility Tax over a Parcel Tax. She further advised the City continue to seek alternative ways to keep the General Fund sustainable. PRESENTATIONS 1. Service Pin Awards for October 2017 Presented by: Michael Earl, Director of Human Resources NAME DEPARTMENT TITLE YEARS Tilahun Y. “Abraham” Alemu Public Utilities Integrated Resource Manager 25 Alex Ly City Administration Senior Information Technology Analyst 10 Yesenia Barajas Fire Senior Administrative Assistant 5 Human Resources Director Michael Earl presented the service pins to Yesenia Barajas, Alex Ly, and Abraham Alemu, who were all in attendance. 2. A Proclamation of the Mayor and the City Council of the City of Vernon in recognition of the Grand Opening of Romeo Power Technology’s Manufacturing Facility in the City of Vernon City Clerk Maria Ayala read the proclamation. Mayor Ybarra presented the proclamation to Mark Schwager, Romeo Power Technology. 3. A Proclamation of the Mayor and the City Council of the City of Vernon commending Christian D. Moscoso for his many years of service to the City of Vernon Regular City Council Meeting Minutes December 5, 2017 Page 2 of 16 City Clerk Maria Ayala read the proclamation. 4. A Proclamation of the Mayor and the City Council of the City of Vernon commending David L. Kimes for his many years of service to the City of Vernon Fire Chief Bruce English said a few words commending David Kimes for his many years of service to the City of Vernon. City Clerk Maria Ayala read the proclamation. Mayor Ybarra presented the proclamation to David Kimes, Fire Battalion Chief. 5. Badge Presentation Ceremony - Fire Battalion Chief, Todd Schoenig Presented by: Bruce K. English, Fire Chief Chief English said a few words about Todd Schoenig and his promotion to Fire Battalion Chief. Emily Schoenig pinned the badge on Battalion Chief Todd Schoenig, he also said a few words about his service to the City. 6. Badge Presentation Ceremony - Fire Captain, William Foltz Presented by: Bruce K. English, Fire Chief Chief English said a few words about William Foltz and his promotion to Fire Captain. Fran Foltz pinned the badge on Fire Captain William Foltz. 7. Swear-In Ceremony - Police Officer, Marissa Velez Police Chief Anthony Miranda said a few words about Marissa Velez. City Clerk Ayala administered the oath of allegiance to Marissa Velez. 9. Report on FY 2017/2018 Docket I Grants Awarded by Vernon CommUNITY Fund Grant Committee 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 pursuant to Section 2.167(e) of the Vernon Municipal Code. No report was provided. No public comment was provided. It was moved by Lopez and seconded by Davis to receive and file this report. Motion carried, 4- 0. Ybarra: Yes Woodruff-Perez: Abstain Davis: Yes Martinez: Yes Lopez: Yes The certificate of awards were presented to the following Grant awardees: Regular City Council Meeting Minutes December 5, 2017 Page 3 of 16 Huntington Park Youth Football and Cheer Association Muscular Dystrophy Association Variety Boys & Girls Club Weingart East LA At 9:35 a.m. Mayor Ybarra recessed the meeting. The meeting reconvened at 9:45 a.m. 8. First Quarter Financial Results and Investment Activity Presented by: William Fox, Director of Human Resources Finance Director William Fox provided a PowerPoint Presentation. Juliet Goff, Kal Plastics, inquired about what other effects the report on assets will have on the City. Director Fox explained the technical aspects and the approval process. CONSENT CALENDAR No public comment was provided. 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, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Claims Against the City – Received and Filed 10. None Minutes – To be Received and Filed 11. Minutes of the Regular City Council Meeting held October 3, 2017 12. Minutes of the Adjourned Regular City Council Meeting held October 24, 2017 Warrant Registers 13. Approval of City Payroll Warrant Register No. 737, totaling $3,018,146.22, which covers the period of October 1 through October 31, 2017 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,397,247.93; and B. Checks and electronic fund transfers (EFT) totaling $620,898.29. 14. Approval of City Warrant Register No. 1483, totaling $847,896.65, which covers the period of October 31 through November 13, 2017, and consists of the following: A. Ratification of wire transfers totaling $370,474.11; and B. Ratification of the issuance of early checks totaling $402,252.09; and C. Authorization to issue pending checks totaling $75,170.45. Regular City Council Meeting Minutes December 5, 2017 Page 4 of 16 15. Approval of City Warrant Register No. 1484, totaling $878,501.57, which covers the period of November 14 through November 27, 2017, and consists of the following: A. Ratification of wire transfers totaling $669,762.70; and B. Ratification of the issuance of early checks totaling $190,920.64; and C. Authorization to issue pending checks totaling $17,818.23; and D. Voided check totaling $8.00. 16. Approval of Light & Power Warrant Register No. 448, totaling $4,295,665.29, which covers the period of October 31 through November 13, 2017, and consists of the following: A. Ratification of wire transfers totaling $4,243,728.30; and B. Ratification of the issuance of early checks totaling $51,025.04; and C. Authorization to issue pending checks totaling $911.95. 17. Approval of Light & Power Warrant Register No. 449, totaling $6,025,154.62, which covers the period of November 14 through November 27, 2017, and consists of the following: A. Ratification of wire transfers totaling $5,801,781.70; and B. Ratification of the issuance of early checks totaling $223,372.92. 18. Approval of Gas Warrant Register No. 236, totaling $12,449.39, which covers the period of October 31 through November 13, 2017, and consists of the following: A. Ratification of wire transfers totaling $710.73; and B. Ratification of the issuance of early checks totaling $11,738.66. 19. Approval of Gas Warrant Register No. 237, totaling $2,196,438.46, which covers the period of November 14 through November 27, 2017, and consists of the following: A. Ratification of wire transfers totaling $2,188,444.93; and B. Ratification of the issuance of early checks totaling $7,993.53. 20. Approval of RDA Obligation Retirement Fund Warrant Register No. 40, totaling $2,665.20, which covers the period of October 31 through November 27, 2017, and consists of the following: A. Ratification of wire transfers totaling $2,665.20. Fire Department 21. Activity Report for the period of October 16 through October 31, 2017 Human Resources Department 22. Approval of Recommended Job Descriptions Revisions Recommendation: A. Find that approval of the attached job description revisions in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is Regular City Council Meeting Minutes December 5, 2017 Page 5 of 16 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 amended job descriptions for six (6) Fire Department classification titles to more accurately reflect the duties, responsibilities and requirements of the positions (which are listed below): Job Descriptions Firefighter Fire Engineer Firefighter/Paramedic Fire Captain Fire Battalion Chief Assistant Fire Chief Police Department 23. Activity Log and Statistical Summary of Arrests and Activities for the period of November 1, through November 15, 2017 to be received and filed Public Utilities Department 24. Base Contract with MIECO Inc. for Sale and Purchase of Natural Gas (NAESB Contract) Recommendation: A. Find that (a) the agreement between the City of Vernon and MIECO Inc. is not in reference to a “project” subject to the California Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it involves the continuing administrative activity of purchasing natural gas; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt 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 any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Authorize the General Manager of Public Utilities (as per Resolution No. 9280) to execute the North American Energy Standards Board (“NAESB”) contract by and between the City of Vernon (“City”) and MIECO Inc. (“MIECO”) in substantially the same form as attached to the staff report, for the purpose of buying and selling natural gas to or from MIECO, in compliance with the general terms established in the agreement. Pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the City’s power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. 25. Resolution 2017-63 - A Resolution of the City Council of the City of Vernon approving the extension of the Economic Development Rate Program for an additional one year 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, Regular City Council Meeting Minutes December 5, 2017 Page 6 of 16 because it is an action taken by a regulatory agency, as authorized by state law, to assure the “maintenance, restoration, or enhancement” of natural resources and includes procedures to protect the environment; and B. Adopt the proposed Resolution extending of the expiration date of the Economic Development Rate Program (EDR) by one (1) year December 31, 2017 to December 31, 2018. Public Works Department 26. Building Department Report for the Month of October 2017 27. Resolution 2017-64 - 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 4601 Downey Road 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 1,179 square feet of land located at 4601 Downey Road. 28. Resolution 2017-62 - A Resolution of the City Council of the City of Vernon to adopt a project funded by Senate Bill 1 the Road Repair and Accountability Act Recommendation: A. Find that the approval of the proposed action, does not constitute a “project” pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity and government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with CEQA Guidelines Sections 15302, because the proposed project consists of the replacement 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 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the proposed Resolution adopting a project funded by Senate Bill 1: The Road Repair and Accountability Act for Fiscal Year 2017/2018. ORDINANCE Public Works Department 29. Ordinance No. 1248 - An Ordinance of the City Council of the City of Vernon amending Chapter 25 of the Vernon Municipal Code and adopting by reference the Department of Water Resources State Model Landscaping Ordinance; and repealing all ordinances or parts of ordinances in conflict therewith (Second Reading and Approval) Recommendation: Regular City Council Meeting Minutes December 5, 2017 Page 7 of 16 A. Find that approval of the proposed Ordinance is categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15308, which exempts those actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Here, the ordinance involves the adoption of amendments to revise the City’s Model Water Efficient Landscape Ordinance as authorized and mandated by the Governor’s Office and the Department of Water Resources; and B. Approve the second reading, and adopt Ordinance 1248, amending Chapter 25 of the Vernon Municipal Code (VMC), regarding the City’s Model Water Efficient Landscape Ordinance. City Clerk Ayala noted that no correspondence from the public was received. Public Works Director Daniel Wall reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Martinez to approve the second reading, and adopt Ordinance 1248. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes NEW BUSINESS City Administration Department 30. Resolution 2017-65 - A Resolution of the City Council of the City of Vernon, California submitting to the voters of the City at the City’s April 10, 2018, General Municipal Election a Utility Users’ Tax Measure Recommendation: A. Find that adoption of the proposed resolution is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government funding mechanism which does not involve any commitment to any specific project which may result in any 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 Submitting to the Voters of the City of Vernon at the City’s April 10, 2018 General Municipal Election a Utility Users Tax Measure (“Measure R”); and C. Authorize members of the City Council to prepare and file the primary written argument on behalf of the City Council in support of Measure R, pursuant to California Elections Code Section 9282(b). City Administrator Carlos Fandino provided a PowerPoint Presentation. City Clerk Ayala explained the timeline of the proposed ballot measure election. Administrator Fandino continued his report, to explain Measure R and other possible cost cutting methods. Regular City Council Meeting Minutes December 5, 2017 Page 8 of 16 Director Fox spoke about revenue stream concerns and how the proposed tax may alleviate that issue. Mayor Ybarra inquired as to the impact if the Measure fails. Administrator Fandino explained that the City would conduct business as usual. Councilmember Lopez inquired as to how the Measure impacts the major businesses. Administrator Fandino explained the impacts to businesses. Public Comment Peter Corselli, U. S. Growers Cold Storage, spoke about the net effect of the User Utility Tax (UUT) is zero with the rebate, if the rebate disappears the effect would be adverse. He stated he would like to see the rebate stay in place and would then fully support the Measure. Juliet Goff, Kal Plastics, spoke against a parcel tax, having a discount fixed on the untility rate side and not a rebate. She stated she would like to collaborate with the City to address the budget issues. Jung Lee, Business owner, spoke about the high cost areas in LA County, and explained how outside factors and fixed costs make it hard to conduct manufacturing business. Steve Freed, Mount Vernon Industrial LLC, spoke in support the UUT as proposed. He suggested possible rezoning for sales tax revenue. Marissa Olguin, Vernon Chamber of Commerce, spoke about the large power users benefiting from the UUT. Noted that the rebate is not found in the actual law, only in the staff report. She went on to explain that UUT is a short term plan in order to give the City time to evaluate and take the necessary steps to reduce the general fund deficit. Councilmember Davis inquired as to the savings regarding possible overtime reduction, staffing, or services. Administrator Fandino responded by stating that he is looking at all possible situations in reducing costs, such as reduction in staffing and services. He noted that the budgetary issues have been with the City for a long time, and are now beginning to be addressed; however, revenue needs to be generated somehow. Mayor Ybarra noted that the rebate for businesses is not in the wording of the ordinance; and asked how the rebate would be upheld. Administrator Fandino explained the technical reasons why the rebate is not included in the wording of the Ordinance. He explained the utility’s goal to save the business community’s money, but rates will fluctuates as do the costs of service. It was moved by Woodruff-Perez and seconded by Martinez to adopt a Resolution Submitting to the Voters of the City of Vernon at the City’s April 10, 2018 General Municipal Election a Utility Users Tax Measure (“Measure R”) . Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes A lengthy procedural discussion ensued between Council and Staff regarding the filing and signature requirement of the argument in favor of Measure R. It was moved by Woodruff-Perez and seconded by Davis to authorize members of the City Council to prepare and file the primary written argument on behalf of the City Council in support of Measure R, pursuant to California Elections Code Section 9282(b). Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Regular City Council Meeting Minutes December 5, 2017 Page 9 of 16 Martinez: Yes Lopez: Yes At 11:20 a.m. Mayor Ybarra recessed the meeting. The meeting reconvened at 11:29 a.m. Human Resources Department 31. Approval of the 2018 Calendar Year Medical and Dental Insurance Proposals for City Employee and Retiree Benefits 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. Approve the 2018 Calendar Year Medical Benefits Proposal and ratify the execution of the Master Group Application with Blue Shield of California; and C. Approve the 2018 Calendar Year Dental Benefits Proposal with Anthem Blue Cross; and D. Authorize the City Administrator to execute final agreements with the providers based on the approved proposals. Director Earl reported on the proposed. Mayor Ybarra inquired about how the costs are covered by the City and off-set by the employee contribution, Director Earl responded accordingly. No public comment was provided. It was moved by Lopez and seconded Woodruff-Perez by to approve the 2018 Calendar Year Medical Benefits Proposal and ratify the execution of the Master Group Application with Blue Shield of California, and approve the 2018 Calendar Year Dental Benefits Proposal with Anthem Blue Cross, and authorize the City Administrator to execute final agreements with the providers based on the approved proposals. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Public Utilities Department 32. Award of a Services Agreement with ABB Enterprise Software Inc. 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 Regular City Council Meeting Minutes December 5, 2017 Page 10 of 16 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 ABB Enterprise Software Inc. (ABB) for services regarding the development of an Integrated Resource Plan for the Public Utilities Department, for a compensation amount not-to-exceed $178,638 over the one-year term of the agreement; and C. Authorize the City Administrator to execute a Services Agreement, in substantially the same form as submitted herewith, with ABB; and D. Authorize the City Administrator to issue change orders, if necessary, that may increase compensation for ABB in an amount not-to-exceed $30,000 over the one- year term of the agreement. General Manager Kelly Nguyen 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 ABB Enterprise Software Inc. (ABB) for services regarding the development of an Integrated Resource Plan for the Public Utilities Department, for a compensation amount not-to-exceed $178,638 over the one-year term of the agreement, and Authorize the City Administrator to execute a Services Agreement with ABB, and authorize the City Administrator to issue change orders, if necessary, that may increase compensation for ABB 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 33. Contract Award for Bid Specification #TR3-2017-CS1: Furnish and Deliver Three- Phase Substation Style 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 bids from Young & Company (Howard Industries) and Virginia Transformers as the lowest responsive and responsible bidders and reject all other bids; and C. Authorize the issuance of a purchase contract with Young & Company (Howard Industries) to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3-2017-CS1) for a (3) year term for a not to exceed amount of $330,000.00; and D. Authorize the issuance of a purchase contract with Virginia Transformers to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3-2017-CS1) for a (3) year term for a not to exceed amount of $98,362.00. Regular City Council Meeting Minutes December 5, 2017 Page 11 of 16 General Manager Nguyen reported on the proposed. No public comment was provided. It was moved by Martinez and seconded by Woodruff-Perez to accept the bids from Young & Company (Howard Industries) and Virginia Transformers as the lowest responsive and responsible bidders and reject all other bids, and authorize the issuance of a purchase contract with Young & Company (Howard Industries) to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3-2017-CS1) for a (3) year term for a not to exceed amount of $330,000.00, and authorize the issuance of a purchase contract with Virginia Transformers to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3-2017-CS1) for a (3) year term for a not to exceed amount of $98,362.00. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 34. Contract Award for Bid Specification #TR3-2017-CS2: Furnish and Deliver Three-Phase Substation Style 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 bids from Young & Company (Howard Industries) and Virginia Transformers as the lowest responsive and responsible bidders and reject all other bids; and C. Authorize the issuance of a purchase contract with Young & Company (Howard Industries) to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3-2017-CS2) for a (3) year term for a not to exceed amount of $189,735.00; and D. Authorize the issuance of a purchase contract with Virginia Transformers to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3- 2017-CS2) for a (3) year term for a not to exceed amount of $259,079.00. General Manager Nguyen reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Lopez to accept the bids from Young & Company (Howard Industries) and Virginia Transformers as the lowest responsive and responsible bidders and reject all other bids, and authorize the issuance of a purchase contract with Young & Company (Howard Industries) to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3-2017-CS2) for a (3) year term for a not to exceed amount of $189,735.00, and authorize the issuance of a purchase contract with Virginia Transformers to furnish and deliver Three-Phase Substation Style Transformers (Bid Specification #TR3-2017-CS2) for a (3) year term for a not to exceed amount of $259,079.00. Motion carried, 5-0. Regular City Council Meeting Minutes December 5, 2017 Page 12 of 16 Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 35. Contract Award for Bid Specification #CB7-2017-1: Furnish and Deliver Medium Voltage Vacuum Circuit Breakers for Public Utilities Department Recommendation: A. Find that approval of the proposed purchase of 7 KV circuit breakers is exempt from California Environmental Quality Act (CEQA) review, because such purchase 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 that even if such purchase were a project, it would be categorically exempt in accordance with CEQA Guidelines section 15301, because it consists of the maintenance, repair or minor alteration of existing equipment and involves negligible or no expansion of an existing use. The equipment referenced herein merely replaces older equipment and improves electric system efficiency and reliability in Vernon; and B. Accept the bid from Myers Controlled Power LLC as the lowest responsive and responsible bidder and reject all other bids; and C. Authorize the issuance of a purchase contract with Myers Controlled Power LLC to furnish and deliver three Medium Voltage Circuit Breakers (Bid Specification #CB7-2017-1) on a two (2) year term for a not to exceed amount of $74,395.40. General Manager Nguyen reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Woodruff-Perez to accept the bid from Myers Controlled Power LLC as the lowest responsive and responsible bidder and reject all other bids, and authorize the issuance of a purchase contract with Myers Controlled Power LLC to furnish and deliver three Medium Voltage Circuit Breakers (Bid Specification #CB7-2017-1) on a two (2) year term for a not to exceed amount of $74,395.40. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 36. Contract Award for Bid Specification #CB16-2017-1: Furnish and Deliver Medium Voltage Vacuum Circuit Breakers for Public Utilities Department Recommendation: A. Find that approval of the proposed purchase of 16 KV circuit breakers is exempt from California Environmental Quality Act (CEQA) review, because such purchase 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 that even if such purchase were a project, it would be categorically exempt in accordance with CEQA Guidelines section 15301, because it consists of the maintenance, repair or minor alteration of existing equipment and involves negligible or no expansion of an existing use. The equipment referenced herein merely replaces older equipment and improves electric system efficiency and reliability in Vernon; and Regular City Council Meeting Minutes December 5, 2017 Page 13 of 16 B. Accept the bid from Myers Controlled Power LLC as the lowest responsive and responsible bidder and reject all other bids; and C. Authorize the issuance of a purchase contract with Myers Controlled Power LLC to furnish and deliver five Medium Voltage Circuit Breakers (Bid Specification #CB16-2017-1) on a two (2) year term for a not to exceed amount of $134,033.48. General Manager Nguyen reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Lopez to accept the bid from Myers Controlled Power LLC as the lowest responsive and responsible bidder and reject all other bids, and authorize the issuance of a purchase contract with Myers Controlled Power LLC to furnish and deliver five Medium Voltage Circuit Breakers (Bid Specification #CB16-2017-1) on a two (2) year term for a not to exceed amount of $134,033.48. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Public Works Department 37. Approval of a Grant Agreement for the River to Rail: Vernon & Huntington Park’s Open Streets Event between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, pursuant to CEQA Guidelines section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because it can be seen with certainty that the Open Streets Event will not have a significant effect on the environment, the proposed action is not subject to CEQA; and B. Approve the Grant Agreement between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority, in substantially the same form as submitted herewith, for the River to Rail: Vernon & Huntington Park’s Open Streets Event; and C. Authorize the City Administrator to execute the Grant Agreement. Director Wall reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Martinez to approve the Grant Agreement between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority, in substantially the same form as submitted herewith, for the River to Rail: Vernon & Huntington Park’s Open Streets Event, and authorize the City Administrator to execute the Grant Agreement. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Regular City Council Meeting Minutes December 5, 2017 Page 14 of 16 38. Resolution 2017-66 - A Resolution of the City Council of the City of Vernon adopting the City of Vernon Bicycle Master Plan Recommendation: A. Find that the adoption of the Bicycle Master Plan is exempt under the California Environmental Quality Act (“CEQA”) 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. Accept the work of Alta Planning + Design for the preparation of the City of Vernon’s Bicycle Master Plan; and C. Adopt the proposed Resolution adopting the City of Vernon Bicycle Master Plan. Director Wall reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Davis to accept the work of Alta Planning + Design for the preparation of the City of Vernon’s Bicycle Master Plan, and adopt the proposed Resolution adopting the City of Vernon Bicycle Master Plan. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 39. Approve a Professional Services Agreement between the City of Vernon and Evan Brooks Associates, Inc. for the River to Rail: Vernon & Huntington Park’s Open Streets Event Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, pursuant to CEQA Guidelines section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because it can be seen with certainty that the Open Streets Event will not have a significant on the environment, the proposed action is not subject to CEQA; and B. Accept the proposal from Evan Brooks Associates, Inc. (EBA) for Implementation of the City of Vernon & Huntington Park’s Open Streets Event provided the City Council approves the Grant Agreement between the City and the Los Angeles County Metropolitan Transportation Authority; and C. Authorize the City Administrator to execute the contract in an amount not to exceed $198,975 for implementation of the event. Director Wall reported on the proposed. No public comment was provided. It was moved by Martinez and seconded by Woodruff-Perez to accept the proposal from Evan Brooks Associates, Inc. (EBA) for Implementation of the City of Vernon & Huntington Park’s Open Streets Event provided the City Council approves the Grant Agreement between the City and the Los Angeles County Metropolitan Transportation Authority, and authorize the City Administrator to execute the contract in an amount not to exceed $198,975 for implementation of the event. Motion carried, 5-0. Regular City Council Meeting Minutes December 5, 2017 Page 15 of 16 Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 40. Purchase of One Caterpillar Model 420F2 HRC Backhoe Loader 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 one 2017 Caterpillar Model 420F2 HRC Backhoe Loader from Quinn Group in an amount not to exceed $108,546.19. Director Wall reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Woodruff-Perez to approve the purchase of one 2017 Caterpillar Model 420F2 HRC Backhoe Loader from Quinn Group in an amount not to exceed $108,546.19. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 41. Resolution 2017-67 - A Resolution of the City Council of the City of Vernon authorizing the use of the Design-Build Capital Project Delivery Method for the Vernon Public Utilities Office Building Recommendation: A. Find that adoption of the Resolution is exempt from California Environmental Quality Act (“CEQA”) review, because approving the method by which a contractor will be selected 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 a Resolution of the City Council of the City of Vernon, California, Authorizing the use of the Design-Build Capital Project Delivery Method for the VPU Office Building. Director Wall reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Lopez to adopt a Resolution of the City Council of the City of Vernon, California, Authorizing the use of the Design-Build Capital Project Delivery Method for the VPU Office Building. Motion carried, 5-0. Regular City Council Meeting Minutes December 5, 2017 Page 16 of 16 Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes ORAL REPORTS 42. City Administrator Reports – brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: various power outages throughout the City; Fire Strike Team to the Thomas Fire in Ventura County; Police “Movember” campaign; November 14th Coffee with a Cop; on November 21st Chief Miranda presented a check to the City of Hope; a December 1st traffic accident; donation to the American Cancer Society; November 14th Romeo Power Technology’s Grand Opening; City participation in Huntington Park’s December 9th Holiday Parade; City Holiday Event; and a risk assessment for additional City Hall security. 43. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Mayor Pro-Tem Woodruff-Perez inquired about active shooter training, Police Chief Anthony Miranda acknowledged the request. Mayor Pro-Tem Woodruff-Perez inquired about Hepatitis A vaccinations, Human Resources Director Earl informed her of the vaccination schedule and who would be eligible. At 12:05 p.m., the City Council entered into closed session to discuss the following agendized items: CLOSED SESSION 44. 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 12:31 p.m. a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported that one item was discussed and that no reportable action was taken. With no further business, at 12:31 p.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk