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2018-02-20 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 20, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, and Lopez MEMBERS ABSENT: Woodruff-Perez and Martinez The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Fire Chief Bruce English led the flag salute. CHANGES TO THE AGENDA 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 Linda Johnson for her many years of service to the City of Vernon City Clerk Maria Ayala read the Proclamation commending Linda Johnson for her many years of service to the City of Vernon. 2. Service Pin Presentations for January 2018 Presented by: Michael Earl, Human Resources Director January Anniversary NAME DEPARTMENT TITLE YEARS Bryan D. Dome Fire Fire Captain 20 Lorenzo Gaytan Police Police Corporal 20 Joaquin Leon Finance Deputy City Treasurer 10 Rafael Cortes Jr. Public Works Senior Mechanic 10 Human Resources Director Michael Earl presented the service awards to Lorenzo Gaytan and Bryan Dome who were in attendance. 3. Current Outage Statistics and Analysis Presented by: Todd Dusenberry, Assistant General Manager Assistant General Manager Todd Dusenberry provided a PowerPoint Presentation. Councilmember Davis inquired about the dispersal of outages per 16kv and 7kv power lines and if bird protection was going to be installed. Assistant General Manager Dusenberry responded to his technical questions. 4. Second Quarter Fiscal Year 2018 City Wide Financial Update Presented by: William Fox, Finance Director Finance Director William Fox provided a PowerPoint Presentation Regular City Council Meeting Minutes February 20, 2018 Page 2 of 7 Councilmember Davis inquired about the impact to the City if Measure R does not pass. Director Fox explained the various outcomes, other solutions, and the need for possible future measures. CONSENT CALENDAR No public comment was provided. 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, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes Claims Against the City – Received and Filed 5. Claim for Damages from Mayra Jimenez received February 15, 2018 Minutes – To be Received and Filed 6. Minutes of the Regular City Council Meeting held February 6, 2018 Warrant Registers 7. Approval of City Payroll Warrant Register No. 740, totaling $3,347,649.85, which covers the period of January 1 through January 31, 2018, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,687,465.69; and B. Checks and electronic fund transfers (ETF) paid through General bank account totaling $660,184.16. 8. Approval of City Warrant Register No. 1488, totaling $1,823,770.84, which covers the period of January 30 through February 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $1,130259.37; and B. Ratification of the issuance of early checks totaling $626,318.81; and C. Authorization to issue pending checks totaling $67,192.66. 9. Approval of Light & Power Warrant Register No. 453, totaling $961,379.31, which covers the period of January 30 through February 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $948,002.63; and B. Ratification of the issuance of early checks totaling $13,376.68 10. Approval of Gas Warrant Register No. 241, totaling $286,303.71, which covers the period of January 30 through February 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $266,824.26; and B. Ratification of the issuance of early checks totaling $19,479.45. City Administration Department Regular City Council Meeting Minutes February 20, 2018 Page 3 of 7 11. Lease Agreement with Bicent (California) Malburg LLC for a portion of 2800-2900 E. 50th Street, in Vernon, CA Recommendation: A. Find that approval of the proposed lease agreement with Bicent (California) Malburg LLC 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. Approve a lease agreement with Bicent (California) Malburg LLC for a portion of the property located at 2800-2900 E. 50th Street, Vernon CA with a term beginning March 5, 2018 through April 30, 2018; and C. Authorize the City Administrator to enter into the proposed lease agreement in substantially the same form as submitted herewith with Bicent (California) Malburg LLC. Human Resources Department 12. Resolution No. 2018-04 - A Resolution of the City Council of the City of Vernon authorizing the City to obtain State and Federal summary criminal history information for employment, licensing or certification purposes 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 authorizing the City of Vernon Human Resources Department and the Police Department to access State and Federal Level Summary Criminal History Information for Employment Purposes. Health and Environmental Control Department 13. January 2018 Monthly Report Police Department 14. Activity Log and Statistical Summary of Arrests and Activities for the period of January 16, through January 31, 2018, to be received and filed Public Works Department 15. Building Department Report for the Month of January 2018 ORDINANCE 16. ORDINANCE NO. 1249 - An Ordinance of the City Council of the City of Vernon, California, adding Article VII to Chapter 22 of the Vernon Municipal Code to authorize Overload Vehicle Permits (Second Reading) Recommendation: Regular City Council Meeting Minutes February 20, 2018 Page 4 of 7 A. Find that approval of the proposed Ordinance is exempt from California Environmental Quality Act (“CEQA”) review, because it is not 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. See CEQA Guidelines section 15378. Even if the ordinance were to be considered a “project,” under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. 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 proposed Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment; and B. Approve the second reading, and adopt Ordinance No. 1249, establishing Article VII of Chapter 22 of the Vernon Municipal Code authorizing overload vehicle permits. Public Works Director Daniel Wall reported on the proposed. No public comment was provided. It was moved by Lopez and seconded by Davis to approve the second reading, and adopt Ordinance No. 1249. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes NEW BUSINESS Fire Department 17. Resolution No. 2018-05 - Resolution of the City Council of the City of Vernon approving the City’s participation in the 2016 State Homeland Security Program by the Vernon Fire Department, approving and authorizing the execution of a subrecipient agreement by and between the City of Vernon and the County of Los Angeles and authorizing the execution of documents necessary to obtain said grant Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving and authorizing the City’s participation in the 2016 State Homeland Security Program (“2016 SHSP”), approving and authorizing the execution of an agreement by and between the City of Vernon and the County of Los Angeles, and authorize the Mayor and City Administrator to execute documents necessary to obtain the grant. The County of Los Angeles has approved and awarded 2016 SHSP grant funds in the amount of $70,000.00 to the City of Vernon’s Fire Department. Fire Chief English reported on the proposed. Regular City Council Meeting Minutes February 20, 2018 Page 5 of 7 No public comment was provided. It was moved by Lopez and seconded by Davis to adopt Resolution No. 2018-05. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes Human Resources Department 18. Resolution No. 2018-06 - 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 February 20, 2018 to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan adopting the following revised and retitled job descriptions listed below: Facilities Maintenance Supervisor Street Maintenance Supervisor Street Maintenance Worker, Lead 2) Amend Exhibit A, Classification and Compensation Plan abolishing the following job description listed below: Legal Secretary 3) Amend Exhibit A, Classification and Compensation Plan by adopting the following new job descriptions and classification and compensation salary ranges listed below effective July 23, 2017: Classification Title Recommended Salary Grade Monthly Minimum Monthly Maximum Fleet Supervisor 27 $6,814 $8,283 Legal Administrative Analyst 26 $6,490 $7,888 4) Approve the recommended reclassification of a single incumbent in a new recommended classification as listed below effective July 23, 2017: Current Classification Salary Grade Reclassification Recommendation Salary Grade Executive Legal Secretary 23 Legal Administrative Analyst 26 Regular City Council Meeting Minutes February 20, 2018 Page 6 of 7 C. Approve amended job description for one (1) classification title to more accurately reflect the duties, responsibilities and requirements of the position listed below: Utilities Dispatcher Director Earl reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Lopez to adopt Resolution No. Resolution No. 2018-06. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes Public Works 19. Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change Order No. 8 (Contract No. CS-0099) Recommendation: A. Find that the approval of the proposed change order in this staff report is 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 Agreement Change Order No. 8, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide the additional engineering design and coordination services as described below for the additional cost of $57,306.27, increasing the total contract cost to $1,772,174.28 Director Wall reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Lopez to approve Agreement Change Order No. 8, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02- 5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide the additional engineering design and coordination services as described below for the additional cost of $57,306.27, increasing the total contract cost to $1,772,174.28. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Absent Lopez: Yes ORAL REPORTS 20. City Administrator Reports – brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: various electrical outages throughout the City; various Police Department incidents throughout the City; various Fire Department incidents throughout the City; the upcoming Vernon CommUNITY Fund Grant Regular City Council Meeting Minutes February 20, 2018 Page 7 of 7 Committee meeting on February 21st; Fiscal Year 2018/2019 budget planning; and Measure R outreach. 21. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. At 9:39 a.m., the City Council entered into closed session to discuss the following agendized items: CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 23. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 At 10:18 a.m. the City Council exited closed session. City Attorney Hema Patel reported that two items were discussed and that no reportable action was taken. With no further business, at 10: 18 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk