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2019-01-15 City Council Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 15, 2019, 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, Luz Martinez, Leticia Lopez, Melissa Ybarra Members Absent: None The meeting was called to order at 9:00 a.m. by Mayor Yvette Woodruff-Perez, who also led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that staff would be pulling Agenda Item No. 1. PUBLIC COMMENT No Public Comment provided. PRESENTATION 1. 2019 Used Oil Calendar Awards Presentation Recommendation: No action required by City Council. This is a presentation only. Agenda Item no. 1 was PULLED by staff from the agenda. 2. Recognition of Retired Employee - Fernando R. Rodriguez, Police Sergeant Recommendation: A. Acknowledge and present a proclamation to retired employee Fernando R. Rodriguez, Police Sergeant in recognition of his dedicated service to the City of Vernon. City Clerk Maria Ayala read the Proclamation. Mayor Woodruff-Perez presented the Proclamation to Retired Police Sergeant Fernando Rodriguez, who thanked the City and Vernon City Council for their support. Police Chief Anthony Miranda said a few word regarding Retired Police Sergeant Rodriguez’s career with the Police Department. 3. Swear-In Ceremony Regular City Council Meeting January 15, 2019 Page 2 of 12 Recommendation: No action required by City Council. This is a presentation only. Police Chief Anthony Miranda introduced the new police recruit, Justin Cortez and said a few words about Officer Cortez’s career. City Clerk Ayala administered the Oath of Allegiance to Justin Cortez Mrs. Alyssa Cortez pinned the badge on her husband, Officer Justin Cortez 4. Employee Service Pin Awards for November and December 2018 Recommendation: No action required by City Council. This is a presentation only. Human Resources Michael Earl announced the Service Pin Award recipients. Mayor Woodruff-Perez presented the Service Pin awards to Octavien Ngarambe, and Eugenio, who were in attendance. 5. Presentation of 2018 City of Vernon Exceptional Employee Program (VEEP) Awards Recommendation: No action required by City Council. This is a presentation only. Human Resources Michael Earl announced the winners of the Vernon Exceptional Employee Program Awards. Mayor Woodruff-Perez presented the award for Significant Cost Savings to Rafael Castellanos; Team Award to Gas Division staff, Dan Cordova, Dan Lopez, Frank Lozano, and Jeff Fraga; Employee of the Year Award, Don Quiroz, who were all present. CONSENT CALENDAR 6. Agreement with Advanced Utility Systems for CIS Infinity Billing Software 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 Advanced Utility Systems in an amount not to exceed $28,941 for a custom system configuration; and C. Authorize the City Administrator to execute Agreement with Advanced Utility Systems in substantially the same form as submitted herewith. Regular City Council Meeting January 15, 2019 Page 3 of 12 7. Report on Emergency Purchase Secured by the City Administrator Recommendation: A. Find that both the filing of this report and the emergency purchase of services and repairs that are the subject of the report are exempt from California Environmental Quality Act ("CEQA") review because these activities are and were administrative activities that will not and did not result in direct or indirect physical changes in the environment and, therefore, neither activity constitutes a "project" as defined by CEQA Guidelines section 15378. B. Receive and file this report as it is being provided for informational purposes only, pursuant to Section 2.17.36 of the Vernon Municipal Code. 8. Claim for Damages from B. Kim received on December 19, 2018. Recommendation: A. Receive and File 9. Claim for Damages from B. Lunde received January 8, 2019. Recommendation: A. Receive and File 10. Minutes of the Regular City Council Meeting held December 18, 2018. Recommendation: A. Receive and File 11. A Resolution Authorizing the City Clerk to Deputize One Staff Member of the Office of the City Clerk for the Purpose of Signature Attestation Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act (“CEQA”), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt a resolution authorizing the City Clerk to deputize one staff member of the Office of the City Clerk for the purposes of signature attestation for approved or adopted: resolutions, ordinances, contracts or agreements in the absence of the City Clerk. 12. Approval of City Payroll Warrant Register No. 751 Covering the Period of December 01 through December 31, 2018 Recommendation: A. Approve City Payroll Warrant Register No. 751 which totals $2,947,750.23 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,349,407.91. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $598,342.32. 13. Approval of Federal Funds for Street Improvements Account Warrant Register No. 25 Covering the Period of December 11 through January 07, 2019 Regular City Council Meeting January 15, 2019 Page 4 of 12 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 25 which totals $5,611.52 and consists of the following: 1) Ratification of electronic payments totaling $5,611.52. 14. Approval of Operating Account Warrant Register No. 14 Covering the Period of December 11 through January 07, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 14 which totals $16,645,865.62 and consists of the following: 1) Ratification of electronic payments totaling $16,157,632.61. 2) Ratification of the issuance of early checks totaling $464,562.54. 3) Authorization to issue pending checks totaling $23,670.47. 15. Approval of RDA Obligation Retirement Account Warrant Register No. 49 Covering the Period of November 27 through January 07, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 49 which totals $9,431.56 and consists of the following: 1) Ratification of electronic payments totaling $9,431.56. 16. Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant registers to record voided checks: 1) Operating Account Warrant Register No. 3 to record voided Check No. 600328 in the amount of $113.00 issued 07/17/18 to Cardozo, Angelica. 17. Fire Department Activity Report for the Period of October 16 through October 31, 2018 Recommendation: A. Receive and file. 18. Fire Department Activity Report for the Period of November 1 through November 15, 2018 Recommendation: A. Receive and file. 19. Vernon Police Department Activity Log and Statistical Summary for the period of December 1 through December 15, 2018 Recommendation: A. Receive and file. 20. Vernon Police Department Activity Log and Statistical Summary for the period of December 16 through December 31, 2018 Recommendation: A. Receive and file. Regular City Council Meeting January 15, 2019 Page 5 of 12 21. Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement between the City of Vernon and Matheson Tri-Gas, Inc. Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative and governmental fiscal activity which does not involve any commitment to any specific project and 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 Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement between the City of Vernon and Matheson Tri- Gas, Inc., for the purpose of extending the commercial operation Commencement Date for the New Facility; and C. Authorize the City Administrator to execute Amendment No.2 to the Economic Development Incentive Agreement with Matheson Trigas, Inc., in substantially the same form as attached herewith. 22. License Agreement between Southern California Edison Company and the City of Vernon for the Use of Land at the Laguna Bell Substation Recommendation: A. Find that the approval requested in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, because the proposed action involves the leasing of an existing public utility service facility and involves negligible or no expansion of the existing use; and B. Approve the proposed License Agreement with Southern California Edison Company ("SCE") for a five-year term in an amount not to exceed $1,903.01; and C. Authorize the City Administrator to execute the License Agreement with SCE, in substantially the same form as submitted herewith, with an effective date of April 1, 2019. 23. Award of a Services Agreement with Webco LB, LLC for Street Sweeping Services Recommendation: A. Find that the approval of the proposed services agreement with Webco LB, LLC is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to sweep existing streets and involves negligible or no expansion of existing use; and B. Approve the Services Agreement with Webco LB, LLC for street sweeping services for a three (3) year term and an amount not to exceed $378,000; and Regular City Council Meeting January 15, 2019 Page 6 of 12 C. Authorize the City Administrator to execute the Services Agreement with Webco LB, LLC, in substantially the same form as submitted herewith, with an effective date of March 2, 2019. 24. Award of Services Agreement to Willdan Engineering for Structural Plan Check Services Recommendation: A. Find that awarding the contract to Willdan Engineering 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 is not a “project’ as defined by CEQA Guidelines, Section 15378; and B. Approve a Services Agreement with Willdan Engineering, in substantially the same form as submitted herewith, for a one (1) year term in an amount not-to-exceed $65,000 for structural plan check services; and C. Authorize the City Administrator to execute the Services Agreement with Willdan Engineering with an effective date of January 1, 2019. 25. Public Works Department November 2018 Monthly Building Report Recommendation: A. Receive and File. No public comment provided. It was moved by William Davis and seconded by Melissa Ybarra to approve Consent Calendar items 6 through 25. Motion carried, 5 - 0. Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No: None NEW BUSINESS 26. Appointment of Eligible Individuals to Serve on the Vernon Business & Industry Commission Recommendation: A. Find that the appointment of an eligible individual to serve on the Vernon Business & Industry Commission is exempt from California Environmental Quality Act (“CEQA”) review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Employee/Labor Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022; and Regular City Council Meeting January 15, 2019 Page 7 of 12 C. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Real Estate Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022. Administrative Analyst Diana Figueroa reported on the proposed. No public comment provided. It was moved by Melissa Ybarra and seconded by Leticia Lopez to A. Find that the appointment of an eligible individual to serve on the Vernon Business & Industry Commission is exempt from California Environmental Quality Act (“CEQA”) review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Employee/Labor Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022; and C. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Real Estate Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022. Motion carried, 5-0. Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No: None 27. Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of eligible individuals to serve on 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. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in a Vernon Area Representative Seat with a term of January 15, 2019 to June 30, 2020. Administrative Analyst Diana Figueroa reported on the proposed item. No public comment provided. Mayor Woodruff-Perez requested to bring out the Candidates’ application on the Council monitors. City Clerk Maria Ayala read the Candidates’ qualifications page. Regular City Council Meeting January 15, 2019 Page 8 of 12 It was moved by Yvette Woodruff-Perez and seconded by Luz Martinez to appoint James Chang to serve on the Committee, and to A. Find that the appointment of eligible individuals to serve on 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. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in a Vernon Area Representative Seat with a term of January 15, 2019 to June 30, 2020. Motion carried, 4 - 0. Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez No: None Abstain: Melissa Ybarra 28. Approval of the 2019 Calendar Year Medical, Dental, Vision, and Life 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 2019 Calendar Year Medical, Dental, Vision, and Life Insurance Benefits as proposed; and C. Authorize the City Administrator to execute final agreements with the insurance providers based on the proposals submitted herewith. Human Resources Michael Earl reported on the proposed. No public comment provided. It was moved by Luz Martinez and seconded by William Davis to 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 2019 Calendar Year Medical, Dental, Vision, and Life Insurance Benefits as proposed; and C. Authorize the City Administrator to execute final agreements with the insurance providers based on the proposals submitted herewith. Motion carried, 5 - 0. Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No: None 29. A Resolution Approving and Authorizing the Execution of a Service Level Agreement for Upstream Internet Access Services with Broadband, LLC Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), Regular City Council Meeting January 15, 2019 Page 9 of 12 because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the execution of a Service Level Agreement for Upstream Internet Access Services with Broadband, LLC, in the not to exceed amount of $130,000; and C. Approve additional funds in the amount of $22,000 to cover the month to month charges due between the period of October 2018 through February 2019. General Manager Kelly Nguyen reported on the proposed. No public comment provided. It was moved by William Davis and seconded by Luz Martinez to A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the execution of a Service Level Agreement for Upstream Internet Access Services with Broadband, LLC, in the not to exceed amount of $130,000; and C. Approve additional funds in the amount of $22,000 to cover the month to month charges due between the period of October 2018 through February 2019. Motion carried, 5 - 0. Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No: None 30. License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services Recommendation: A. Find that (a) settlement software services agreement between the City of Vernon and Power Settlements Consulting and Software, LLC 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 procurement of LICENSE AND SOFTWARE Services; 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 Regular City Council Meeting January 15, 2019 Page 10 of 12 B. Approve the License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services for a perpetual software license with support and maintenance fees in the total amount of $326,818 for a three (3) year term; and C. Authorize the City Administrator to execute the License and Software Services Agreement, in substantially the same form as submitted herewith, with an effective date of February 1, 2019. General Manager Kelly Nguyen reported on the proposed. No public comment provided. It was moved by Luz Martinez and seconded by Leticia Lopez to A. Find that (a) settlement software services agreement between the City of Vernon and Power Settlements Consulting and Software, LLC 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 procurement of LICENSE AND SOFTWARE Services; 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. Approve the License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services for a perpetual software license with support and maintenance fees in the total amount of $326,818 for a three (3) year term; and C. Authorize the City Administrator to execute the License and Software Services Agreement, in substantially the same form as submitted herewith, with an effective date of February 1, 2019. Motion carried, 5 - 0. Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No: None ORAL REPORTS Police Chief Anthony Miranda reported on the following: December 19th VPD hosted the Southeast Regional Mental Health Team; on December 21st VPD conducted DUI check point; and reported on several incidents throughout the City. Fire Chief Bruce English reported on the following: new Fire Department Inspection Program that is completely paperless and utilizes Ipads; winter storm updates; and January 25th, Fire Station No. 76 will host a Drone Pilot meeting. Public Works Director Daniel Wall reported that Public Works staff has been conducting weather patrol, engineering staff is currently designing street projects and working on designs for house renovations. Regular City Council Meeting January 15, 2019 Page 11 of 12 Public Utilities Director Kelly Nguyen reported on the following: several power outages throughout the City; staff is continuously conducting bi-directional flushing programs with memos sent to the customers that would be affected; and Vernon Public Utilities is ranked as a top diamond Reliable Public Power Provider. Finance Director William Fox reported on the following: the annual audit; Insurance Program Renewal process; Business License Program and the collection of the fees. Director of Health Frederick Agyin provided an update on the Health Department’s recruitment of Environmental Health Technicians. Director of Human Resources Michael Earl reported on the following: Annual Employee Recognition and Holiday Event; Annual Health Insurance Open Enrollment process; and announced that Human Resources is currently assisting various departments with recruitment of new personnel to fill in the vacant positions within their departments. City Clerk Maria Ayala provided an update on the upcoming April 9, 2019, General Municipal Election. CLOSED SESSION The City Council entered closed session at 9:54 a.m. 31. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 3 32. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Government Code Section 54956.9(d)(1) Jimenez v. City of Vernon, et al. Los Angeles Superior Court, Case No. BC717856 At 10:31 a.m. the City Council exited closed session. Senior Deputy City Attorney Zaynah Moussa reported that two items were discussed with no reportable action taken. Regular City Council Meeting January 15, 2019 Page 12 of 12 ADJOURNMENT With no further business, at 10:24 Mayor Yvette Woodruff-Perez adjourned the meeting. ________________________ Yvette Woodruff-Perez Mayor ATTEST: _________________________ Maria E. Ayala City Clerk