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2018-09-18 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, SEPTEMBER 18, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA CALL TO ORDER & FLAG SALUTE The meeting was called to order at 9:00 a.m. by Mayor Yvette Woodruff-Perez; Interim Health and Environmental Control Director Vivian Nelson led the flag salute. Members Present:Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, and Melissa Ybarra Members Absent:None CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT No public comment provided. PRESENTATION 1)Employee Service Pin Awards for August 2018 Recommendation:No action required by City Council. This is a presentation only. Human Resources Director Michael Earl introduced the service pin awardees, City Administrator Fandino presented the service pins to James Moore, Brian Linnert, Sandra Dolson, Ana M Swinford, and Mauro Trujillo who were all in attendance. 2)Recognition of Retiring Employee - Michael DeFrank, Water Superintendent Recommendation:A. Acknowledge and present a proclamation to retiring employee Michael DeFrank, Water Superintendent in recognition of his dedicated service to the City of Vernon. City Clerk Ayala read proclamation. Mayor Yvette Woodruff-Perez presented the proclamation to Michael deFrank. 3)Badge Presentation Ceremony Recommendation:No action required by City Council. This is a presentation only. City Clerk Ayala administered the Oath of Office to Fire Captain Chadrick McGovney. Fire Chief Bruce English said a few words about the newly promoted Fire Captain Fire Captain Chadrick McGovney. Fire Captain Fire Captain Chadrick McGovney said a few words about his time in Vernon and his promotion. 4)A Presentation from the California High-Speed Rail Authority Presented by: Representatives from the California High-Speed Rail Authority Recommendation:No action required by City Council. This is a presentation only. Michelle Boehm, CA High-Speed Rail Regional Director, provided a PowerPoint presentation. City Administrator Carlos Fandino inquired about the projects impact and potential loss of revenues of business and other available options. Regular City Council Meeting September 18, 2018 Page 2 Ms. Boehm explained that the project is still under review and analysis and that any impacts to businesses would be handled by a “business transaction” based on fair market value and that they were exploring all possible options. At 9:36 a.m. Mayor Woodruff-Perez recessed the meeting for a short break. At 9:40 a.m. the meeting reconvened and resumed. CONSENT CALENDAR 5)Claim for Damages from Jesus Amador Areas Rodrigues received on September 10, 2018 Recommendation:A. Receive and File 6)Minutes of the Regular City Council Meeting held September 4, 2018 Recommendation:A. Receive and File 7)Minutes of the Special Oversight Board of the Successor Agency to the Redevelopment Agency Meeting held January 24, 2018 Recommendation:A. Receive and File 8)Abolish the Oversight Board of the Successor Agency to the Redevelopment Agency Recommendation:A. Find that the dissolution of the Oversight Board of the Successor Agency to the Redevelopment Agency does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from 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. Abolish the Vernon Oversight Board of the Successor Agency to the Redevelopment Agency. 9)A Resolution of the City Council of the City of Vernon adopting an amended Biennial Code Review Update to the Master Conflict of Interest Code for the City of Vernon and all Agencies, Boards, and Commissions affiliated with the City Recommendation:A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve resolution adopting an amended and updated Master Conflict of Interest Code for the City of Vernon and all affiliated agencies, boards and commissions, which incorporates all recommendations from the various affiliated City of Vernon governing bodies and City staff review effective immediately; and C. Repeal all other existing Conflict of Interest Codes for the City of Vernon and all other City of Vernon affiliated governing bodies. 10)Approval of City Payroll Warrant Register No. 747 Covering the Period of August 01 through August 31, 2018 Recommendation:A. Approve City Payroll Warrant Register No. 747 which totals $4,672,442.60 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $3,714,961.40. Regular City Council Meeting September 18, 2018 Page 3 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $957,481.20. 11)Approval of Gas Account Warrant Register No. 250 Covering the Period of August 28 through September 10, 2018 Recommendation:A. Approve Gas Account Warrant Register No. 250 which totals $838,375.00 and consists of the following: 1) Ratification of electronic payments totaling $838,375.00. 12)Approval of Operating Account Warrant Register No. 7 Covering the Period of August 28 through September 10, 2018 Recommendation:A. Approve Operating Account Warrant Register No. 7 which totals $5,921,883.80 and consists of the following: 1) Ratification of electronic payments totaling $5,670,595.94. 2) Ratification of the issuance of early checks totaling $226,142.01. 3) Authorization to issue pending checks totaling $25,145.85. 4) Voided check No. 600789 totaling $500.00. 13)Fire Department Activity Report for the Period of August 1 through August 15, 2018 Recommendation:A. Receive and file. 14)Approval of Second Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2015 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 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 Second Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2015 Urban Areas Security Initiative (“2015 UASI”) grant program, in substantially the same form as submitted herewith, and authorize the Mayor to execute all necessary documents. Due to a reallocation of 2015 UASI funds, the City of Los Angeles approved and increased the City of Vernon’s grant funds by $99,601.00. 15)Donation of 2004 Auxiliary Urban Search and Rescue Trailer to Rio Hondo College Fire Academy Recommendation:A. Find that approval of the proposed donation is exempt under the 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. Authorize the donation of a surplus 2004 Auxiliary Urban Search and Rescue (USAR) Trailer, to be conveyed to Rio Hondo College Fire Academy; and C. Approve a donation and release agreement, in substantially the same form as submitted herewith, with Rio Hondo College Fire Academy to use and retain the USAR Trailer as needed for training of Fire Technology students; and D. Authorize the City Administrator to execute the Deed of Gift and Donation Agreement and Release on behalf of the City of Vernon. Regular City Council Meeting September 18, 2018 Page 4 16)Drug Enforcement Administration Agreement Recommendation:A. Find that the approval of the proposed 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. Approve an agreement with the Drug Enforcement Administration, in substantially the same form as submitted herewith, for a one (1) year term; and C. Authorize the Police Chief to execute the agreement with the Drug Enforcement Administration (DEA) for continued participation in the Southwest Border Initiative (SWBI) taskforce with an effective date of October 1, 2018. 17)Office of Traffic Safety Grant Agreement Recommendation:A. Find that the approval of the proposed 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. Approve an agreement between the City of Vernon and the Office of Traffic Safety, in substantially the same form as submitted herewith, for a one (1) year term; and C. Authorize the City Administrator, Police Chief, and Police Lieutenant to execute an agreement between the City of Vernon and the Office of Traffic Safety for participation in the Selective Traffic Enforcement Program (STEP) with an effective date of October 1, 2018. 18)Notification to the California Water Resources Control Board of City’s Intent to Destroy Well 5 Recommendation:A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because notifying a state agency of the City’s intent to destroy a well is an administrative activity that does not constitute a “project” under CEQA Guidelines section 15378. When actual plans for destruction of the subject well are presented to the City Council, further CEQA analysis will be conducted; and B. Authorize the City Administrator to notify the California Water Resources Control Board that the City plans to destroy Well 5. 19)Acceptance of Electrical Easement at 2626 26th Street (APN 6302-001-030) 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. No public comment provided. Regular City Council Meeting September 18, 2018 Page 5 It was moved by Melissa Ybarra and seconded by Luz Martinez to approve Consent Calendar items 5 through 19. Motion carried, 5 - 0. Yes:Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No:None NEW BUSINESS 20)Negotiations with the Fire Protection District of Los Angeles County for the Provision of Fire Protection, Paramedic and Incidental Services Recommendation:A. Find that authorizing negotiations with the Fire Protection District of Los Angeles County 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. Authorize the City Administrator to initiate exploratory negotiations with the Fire Protection District of Los Angeles County ("LA County Fire") to ascertain service scope and costs associated with the provision of fire protection, paramedic, and incidental services for the City of Vernon. City Administrator Fandino reported on the proposed. Public Comment Marissa Olguin, Vernon Chamber of Commerce, made a few comments regarding the results of the independent fire study. Announced that the Chamber supported a reduction of Fire Services and the possibility of contracting with the County. It was moved by William Davis and seconded by Leticia Lopez to: A. Find that authorizing negotiations with the Fire Protection District of Los Angeles County 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. Authorize the City Administrator to initiate exploratory negotiations with the Fire Protection District of Los Angeles County ("LA County Fire") to ascertain service scope and costs associated with the provision of fire protection, paramedic, and incidental services for the City of Vernon. Motion carried, 5 - 0. Yes:Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No:None ORAL REPORTS City Administrator Fandino reported on the following: various power outages throughout the City, various Fire Department incidents throughout the City, new Fire Department vehicles and training; "Fill the Boot" fundraiser celebration dinner; various Police Department incidents throughout the City; The League of California Cities’ annual expo; and Mayor Woodruff-Perez will attend the Women Mayors of America Conference. The City Council entered closed session at 9:54 a.m. CLOSED SESSION 21)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 Regular City Council Meeting September 18, 2018 Page 6 22)CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Government Code Section 54956.9(d)(1) Chavez v. City of Vernon Los Angeles Superior Court, Case No. BC719460 At 10:08 a.m. the City Council exited closed session. City Attorney Hema Patel reported that two items were discussed, no reportable action was taken. ADJOURNMENT With no further business, at 10:08 a.m., Mayor Woodruff-Perez adjourned the meeting. ________________________ Yvette Woodruff-Perez Mayor ATTEST: _________________________ Maria E. Ayala City Clerk