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2018-12-18 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 18, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA CALL TO ORDER & FLAG SALUTE Members Present:Yvette Woodruff-Perez, William Davis, Melissa Ybarra Members Absent:Luz Martinez, Leticia Lopez The meeting was called to order at 9:00 a.m. by Mayor Woodruff-Perez, City Administrator Carlos Fandino led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there are no changes to the agenda. PUBLIC COMMENT No Public Comment provided. PRESENTATION 1.Presentation of Grantee Certificates and Report on FY 2018/2019 Docket II 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. Present Certificates to FY 2018/2019 Docket II Grant Recipients; and C. 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. City Clerk Maria Ayala introduced the Grant Recipients: Alzherimeer’s Greater Los Angeles, Terry Garay, Director of Greater East Los Angeles Region; Los Angeles Derby Dolls, Kristal Carmona, Board Treasurer; Eco Center, Sofia Teodoro, Program Manager; Girls Scouts of Greater Los Angeles, Danielle Portnoy, Director of Development; Girls on the Run of Los Angeles County, Molly Snow, Executive Director. Regular City Council Meeting December 18, 2018 Page 2 Mayor Yvette Woodruff-Perez presented the Grantee Certificates to all Grant Recipients 2.Presentation by Nicole Soghomonian of Limitless Dance Company Recommendation:No action required by the City Council. This is a presentation item only. City Administrator Carlos Fandino introduced the item. Nicole Soghomonian, President of Limitless Dance Company, conducted the PowerPoint Presentation and showed a short video. CONSENT CALENDAR 3.Minutes of the Regular City Council Meeting Held November 20, 2018. Recommendation:A. Receive and File 4.Minutes of the Regular City Council Meeting Held December 4, 2018. Recommendation:A. Receive and File 5.Approval of an Agreement with AT&T Corp. for the Provision of Internet Service to City Hall Recommendation:A. Find that approval of the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve the proposed Agreement with AT&T Corp. (AT&T) in the amount not to exceed $51,622.00 for a two year period from January 1, 2019 through December 31, 2021; and C. Authorize the City Administrator to execute the proposed Agreement with AT&T, in substantially the same form as submitted herewith, for the provision of internet service to City Hall. 6.Approval of City Payroll Warrant Register No. 750 Covering the Period of November 01 through November 30, 2018 Recommendation:A. Approve City Payroll Warrant Register No. 750 which totals $2,950,309.65 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,340,871.56. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $609,438.09. Regular City Council Meeting December 18, 2018 Page 3 7.Approval of Operating Account Warrant Register No. 13 Covering the Period of November 27 through December 10, 2018 Recommendation:A. Approve Operating Account Warrant Register No. 13 which totals $4,234,683.30 and consists of the following: 1) Ratification of electronic payments totaling $3,891,221.28. 2) Ratification of the issuance of early checks totaling $319,448.56. 3) Authorization to issue pending checks totaling $24,013.46. 8.Approval of Federal Funds for Street Improvements Account Warrant Register No. 24 Covering the Period of November 27 through December 10, 2018 Recommendation:A. Approve Federal Funds for Street Improvements Account Warrant Register No. 24 which totals $68,850.16 and consists of the following: 1) Ratification of electronic payments totaling $68,850.16. No public comment provided. It was moved by William Davis and seconded by Melissa Ybarra to approve Consent Calendar ttems 3 through 8. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None ORDINANCE 9.Ordinance No. 1258 - An Ordinance Adding Sec. 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to Establish Parking Rules for Furlong Place, a Private City-Owned Street Recommendation:A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Further, even if the establishment of parking rules for Furlong Place were considered a “project,” it would be exempt from CEQA review in accordance with 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 second reading and adopt Ordinance No. 1258 adding Sec. 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to Establish Parking Rules for Furlong Place, a Private City-Owned Street. City Clerk Maria Ayala read the proposed Ordinance. Regular City Council Meeting December 18, 2018 Page 4 Director of Public Works Daniel Wall reported on the proposed. No Public Comment provided. City Administrator Carlos Fandino addressed Council Member Ybarra and inquired as to the impact of the proposed on Furlong residents. Councilmember Melissa Ybarra indicated that approval of the proposed will be a positive for the residents. Dialogue ensued between Council and staff regarding the impact, enforcement and residents’ perception of the soon-to-be established parking rules for Furlong Place. It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Further, even if the establishment of parking rules for Furlong Place were considered a “project,” it would be exempt from CEQA review in accordance with 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 second reading and adopt Ordinance No. 1258 adding Sec. 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to Establish Parking Rules for Furlong Place, a Private City-Owned Street. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None NEW BUSINESS 10.A Resolution Submitting Two Measures to the Voters of the City of Vernon at the April 9, 2019 General Municipal Election to Amend Chapters 3.5 and 3.6 of Article III of the City Charter Recommendation:A. Find that adoption of the proposed resolution 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. Adopt a Resolution Submitting to the Voters of the City of Vernon at the City’s April 9, 2019 General Municipal Election Two Measures, Measure S and Measure T respectively, to Amend Chapters 3.5 and 3.6 of Article III of the City Charter; and C. Authorize the Mayor to prepare and file a written argument in favor of Measure S, on behalf of the City Council, pursuant to California Elections Code Section 9282; and Regular City Council Meeting December 18, 2018 Page 5 D. Authorize the Mayor to prepare and file a written argument in favor of Measure T, on behalf of the City Council, pursuant to California Elections Code Section 9282. City Administrator Carlos Fandino reported on the proposed. Council Member Melissa Ybarra inquired as to the City Council’s authority to prepare a written argument in favor of a Measure and on behalf of the City Council. A dialogue ensued between Council and staff with respect to the Measures’ outcome and impact if approved or defeated by the voters of the City of Vernon. No public Comment provided. It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that adoption of the proposed resolution 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. Adopt a Resolution Submitting to the Voters of the City of Vernon at the City’s April 9, 2019 General Municipal Election Two Measures, Measure S and Measure T respectively, to Amend Chapters 3.5 and 3.6 of Article III of the City Charter; and C. Authorize the Mayor to prepare and file a written argument in favor of Measure S, on behalf of the City Council, pursuant to California Elections Code Section 9282; and D. Authorize the Mayor to prepare and file a written argument in favor of Measure T, on behalf of the City Council, pursuant to California Elections Code Section 9282. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None 11.A Resolution Adopting an Amended and Restated 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, to Amend Exhibit A, Classification and Compensation Plan adopting the following: 1. New classification and associated salary range of Utilities Operations Trainee, Salary Grade 23 (Monthly Salary $5718 - $6,950) C. Approve the job description for: 1. Utilities Operations Trainee Regular City Council Meeting December 18, 2018 Page 6 Director of Human Resources Michael Earl reported on the proposed. No public comment provided. Council Member Melissa Ybarra asked for clarification regarding the monthly rate. Director Michael Earl responded accordingly. It was moved by William Davis and seconded by Melissa Ybarra 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, to Amend Exhibit A, Classification and Compensation Plan adopting the following: 1. New classification and associated salary range of Utilities Operations Trainee, Salary Grade 23 (Monthly Salary $5718 - $6,950) C. Approve the job description for: 1. Utilities Operations Trainee. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None 12.A Resolution approving the City of Vernon Public Utilities Department Amended Economic Development Rate Program and the General Form of Agreement for Economic Development Incentive on electric service regarding electrical rates to be charged for electrical energy distributed and supplied by the City within its boundaries Recommendation:A. Find that the adoption of the proposed resolution is exempt under the California Environmental Quality Act (CEQA), because is not in reference to a “project” subject to the CEQA Guidelines under Section 15378 because it involves an administrative activity 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. Adopt a Resolution approving the City of Vernon Public Utilities Department Amended Economic Development Rate Program and the general form of Agreement for Economic Development Incentive on electric service regarding electrical rates to be charged for electrical energy distributed and supplied by the City within its boundaries. General Manager of Public Utilities Department Kelly Nguyen reported on the proposed. No Public Comment provided. Regular City Council Meeting December 18, 2018 Page 7 It was moved by Melissa Ybarra and seconded by William Davis A. Find that the adoption of the proposed resolution is exempt under the California Environmental Quality Act (CEQA), because is not in reference to a “project” subject to the CEQA Guidelines under Section 15378 because it involves an administrative activity 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. Adopt a Resolution approving the City of Vernon Public Utilities Department Amended Economic Development Rate Program and the general form of Agreement for Economic Development Incentive on electric service regarding electrical rates to be charged for electrical energy distributed and supplied by the City within its boundaries. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None ORAL REPORTS City Administrator Carlos Fandino reported on power outages throughout the City and provided a presentation; Fire Department responded to traffic collision; this past week 50 students from Loma Vista Elementary visited Fire station 76 for a tour; on December 6th, Vernon US&R 78 with Battalion 76 participated in a mobilization exercise for Regional Task Force; report on various Vernon Police Department incidents throughout the City; on December 11 th Vernon PD delivered a soccer ball to each student at the Vernon Elementary School; December 13 th Vernon PD responded to six separate companies regarding bomb threats emails; L.A. County Sheriff’s Department Bomb Squad was contacted; on December 21 st Vernon PD will host an Office of Traffic Safety Driver Checkpoint; on January 14 th from 6 pm-8 pm, L.A. County’s “Voting Solutions for all People”, known as VSAP, will be holding a meeting at the Huntington Park at the NewStart Housing Corp. to introduce residents to the future of voting in elections in Los Angeles County starting in 2020. City Clerk Maria Ayala encouraged all to attend the VSAP Meetings. She further explained the future process and provided a short VSAP video. City Clerk Ayala announced that a representative of Southern California Gas Company was present and has requested permission from City Council to provide a public comment. Mayor Woodruff-Perez permitted the public comment. Denise Campos, Public Affairs Manager for Southern California Gas Company covering the area of City of Vernon provided an update on legislation regarding emission reduction goals. City Administrator Fandino continued the Oral Reports by announcing that Vernon Police and Fire Departments will participate in the 2 nd Annual Operation Santa in the City Hall Council Chamber; Regular City Council Meeting December 18, 2018 Page 8 Fire Department is still collecting Christmas presents for Toys for Tots and Operation Santa; and reported the January 1st City Council Meeting has been cancelled. CLOSED SESSION The City entered closed session at 9:59 a.m. 13.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 3 At 10:10 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported three cases were discussed with no reportable action taken. ADJOURNMENT With no further business, at 10:10 a.m. Mayor Yvette Woodruff-Perez adjourned the meeting. ________________________ Yvette Woodruff-Perez Mayor ATTEST: _________________________ Maria E. Ayala City Clerk