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20170606 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JUNE 6, 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 there were no changes to the agenda. PUBLIC COMMENT Mayor Davis 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 provided. PUBLIC HEARING 1. ORDINANCE NO. 1243 - An Uncodified Ordinance of the City Council of the City of Vernon approving a Static Billboard Development Agreement and a Digital Billboard Development Agreement between the City of Vernon and Magellan Atlantic I, LLC (First Reading) Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15302, because the proposed development of the Billboards contemplates only replacement or reconstruction of existing structures or facilities on the same Site having substantially the same size, purpose, and capacity; and B. Open the Public Hearing and receive any comments from the public regarding the Development Agreements, and thereafter close the Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an ordinance approving a Static Billboard Development Agreement and a Digital Billboard Development Agreement between the City of Vernon and Magellan Atlantic I, LLC., to replace an existing static billboard and convert an existing V-shape static billboard to a V-shape digital billboard along the I-710 Freeway. Public Works Interim Director Kevin Wilson provided a PowerPoint Presentation. Mayor Pro -Tem Woodruff -Perez inquired as to the content oversight on the billboards. Andy Goodman, Representative for Magellan, explained the company's protocols on said contract. Councilmember Davis inquired about the powering of the digital billboards, Interim Director Wilson stated that Vernon Public Utilities would be providing power. Mayor Ybarra opened the Public Hearing at 9:13 a.m. No public comment provided. Mayor Ybarra closed the Public Hearing at 9:13 a.m. Regular City Council Meeting Minutes June 6, 2017 Councilmember Davis inquired about any written communications received. City Clerk Ayala stated that the City had not received any communication on this matter. It was moved by Davis and seconded by Martinez to approve the first reading, and adopt at a subsequent meeting, Ordinance 1243. Motion carried, 5-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes PRESENTATION 2. Proclamation to Recognize Retiring Employee: Patrick A. Keye, Utilities Dispatcher City Clerk Maria Ayala read the proclamation. CONSENT CALENDAR It was moved by Martinez and seconded by Woodruff -Perez 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 3. None Minutes — To be Received and Filed 4. Minutes of the Regular City Council Meeting held February 21, 2017 5. Minutes of the Regular City Council Meeting held March 7, 2017 6. Minutes of the Regular City Council Meeting held March 21, 2017 7. Minutes of the Regular City Council Meeting held April 4, 2017 8. Minutes of the Regular City Council Meeting held April 18, 2017 9. Minutes of the Special City Council Meeting held April 26, 2017 Warrant Registers 10. Approval of City Warrant Register No. 1473, totaling $1,705,466.98, which covers the period of May 9 through May 29, 2017, and consists of the following: A. Ratification of wire transfers totaling $944,759.09; and B. Ratification of the issuance of early checks totaling $609,276.85; and C. Authorization to issue pending checks totaling $151,431.04. 11. Approval of Light & Power Warrant Register No. 438, totaling $7,094,661.95, which covers the period of May 9 through May 29, 2017, and consists of the following: A. Ratification of wire transfers totaling $7,015,800.65; and Page 2 of 8 Regular City Council Meeting Minutes June 6, 2017 B. Ratification of the issuance of early checks totaling $73,086.36; and C. Authorization to issue pending checks totaling $5,774.94. 12. Approval of Gas Warrant Register No. 226, totaling $1,688,448.20, which covers the period of May 9 through May 29, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,668,426.67; and B. Ratification of the issuance of early checks totaling $20,021.53. Fire Department 13. Activity Report for the period of May 1 through May 15, 2017 Police Department 14. Activity Log and Statistical Summary of Arrests and Activities for the period of May 1 through May 15, 2017, to be received and filed 15. Memorandum of Understanding with the Los Angeles County District Attorney's Office to Appropriately Release Evidentiary Video 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. Authorize the Police Chief to execute a Memorandum of Understanding (MOU) with the Los Angeles County District Attorney's Office, in substantially the same form as submitted herewith, to appropriately release evidentiary video in cases related to officer involved shootings. Public Works Department 16. Acceptance of Electrical Easement at 5001 Soto Street (APN 6308-002-022) 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 and authorize the Mayor to execute the Certificate of Acceptance. 17. Quitclaim Deeds (Regarding Electrical Easements) — 4415 Bandini Blvd. Recommendation: A. Find that the acceptance of two Quitclaim Deeds proposed in this staff report is exempt under the California Environmental Quality Act (CEQA), because such Page 3 of 8 Regular City Council Meeting Minutes June 6, 2017 action is a purely 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. Accept the Quitclaim Deeds and authorize the Mayor to execute said documents. 18. Quitclaim Deed (Regarding Induction Loops) — 4415 Bandini Blvd. Recommendation: A. Find that the acceptance of Quitclaim Deed proposed 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. Accept the Quitclaim Deed and authorize the Mayor to execute said documents. NEW BUSINESS City Administrator 19. Resolution No. 2017-22 - A Resolution of the City Council of the City of Vernon appointing Anthony Miranda to serve as the Police Chief of the City of Vernon and approving and authorizing the execution of a related At -Will Employment Agreement Recommendation: A. Find that approval of the agreement proposed 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 appointing Anthony Miranda to serve as Police Chief of the City of Vernon effective June 20, 2017, and approving and authorizing the execution of a related at -will employment agreement. Human Resources Director Michael Earl reported on the proposed. Mayor Pro -Tem Woodruff -Perez inquired about the starting salary. Director Earl stated that Mr. Miranda would start on salary step two. It was moved by Lopez and seconded by Martinez to adopt Resolution No. 2017-22. Motion carried, 5-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Finance Department 20. Resolution No. 2017-23 and Resolution No. 2017-24 - A Resolution of the City Council of the City of Vernon establishing an Other Post -Employment Benefits (OPEB) Trust with the California Public Employees' Retirement System (Ca1PERS), approving and authorizing the execution of an agreement and electing to prefund OPEB through Ca1PERS Page 4 of 8 Regular City Council Meeting Minutes June 6, 2017 Recommendation: A. Find that approvals of the proposed resolutions are exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15378, 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; and B. Adopt a resolution establishing an Other Post -Employment Benefits (OPEB) Trust with Ca1PERS for the purpose of setting aside funds to offset the City's unfunded retiree OPEB liability, approving and authorizing the execution of an agreement, in substantially the same form as submitted herewith, to pref ind OPEB through Ca1PERS; and ( C. Adopt a resolution approving a delegation of authority that authorizes the City Administrator, Finance Director, and the Deputy City Treasurer to request disbursements from the OPEB trust. Finance Director William Fox reported on the proposed. It was moved by Davis and seconded by Martinez to adopt Resolution No. 2017-23 and Resolution No. 2017-24. Motion carried, 5-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Public Works Department 21. Resolution No. 2017-25 - A Resolution of the City Council of the City of Vernon determining the Special Parcel Tax Levied pursuant to Section 5.45 of the Municipal Code for fiscal year 2017-2018 Recommendation: A. Find that the approval of the proposed resolution 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 Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and 1 B. Adopt a resolution setting the Warehouse Special Parcel Tax rate at $30.851 per L, 100 square feet of gross area of land for Fiscal Year 2017/2018 and submitting the Warehouse Special Parcel Tax List to the Los Angeles County Auditor Controller's Office. Interim Director Wilson reported on the proposed. It was moved by Martinez and seconded by Lopez to adopt Resolution No. 2017-25. Motion carried, 5-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Yes Page 5 of 8 Regular City Council Meeting Minutes June 6, 2017 Lopez: Yes 22. Resolution No. 2017-26 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an agreement for billing of direct assessments by and between the City of Vernon and the Los Angeles County Auditor -Controller (Special Parcel Tax Levied pursuant to Section 5.45 of the Municipal Code) Recommendation: A. Find that the approval of the proposed resolution does not constitute a "project" pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California 1 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 Section 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 to authorize the Finance Director to enter into an Agreement for Billing of Direct Assessments (Warehouse Special Parcel Tax) with the Los Angeles County Auditor -Controller's Office for the collection and distribution of the Warehouse Special Parcel Tax for Fiscal Year 2017/2018; and C. Authorize the Finance Director to file the Agency Information Sheet with the County of Los Angeles Auditor -Controller for the Warehouse Special Parcel Tax. Interim Director Wilson reported on the proposed. It was moved by Lopez and seconded by Davis to adopt Resolution No. 2017-26. Motion carried, 5-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 23. Resolution No. 2017-27 - A Resolution of the City Council of the City of Vernon determining the Public Safety Special Parcel Tax for fiscal year 2017-2018 Recommendation: A. Find that the approval of the proposed resolution 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 i 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 Section 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 setting the Public Safety Special Parcel Tax rate at $0.03181 per square foot of taxable parcel area for Fiscal Year 2017/2018 and submitting the Public Safety Special Parcel Tax List to the Los Angeles County Auditor Controller's Office. Interim Director Wilson reported on the proposed. Page 6of8 Regular City Council Meeting Minutes June 6, 2017 It was moved by Davis and seconded by Woodruff -Perez to adopt Resolution No. 2017-27. Motion carried, 5-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 24. Resolution No. 2017-28 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an agreement for billing of direct assessments by and between the City of Vernon and the Los Angeles County Auditor -Controller (Public Safety Special Parcel Tax) Recommendation: A. Find that the approval of the proposed resolution 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 Section 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 to authorize the Finance Director to enter into an Agreement for Billing of Direct Assessments (Public Safety Special Parcel Tax) with the Los Angeles County Auditor -Controller's Office for the collection and distribution of the Public Safety Special Parcel Tax for Fiscal Year 2017/2018; and C. Authorize the Finance Director to file the Agency Information Sheet with the County of Los Angeles Auditor -Controller for the Public Safety Special Parcel Tax. Interim Director Wilson reported on the proposed. It was moved by Woodruff -Perez and seconded by Martinez to adopt Resolution No. 2017-28. Motion carried, 5-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes ORAL REPORTS 25. City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. City Administrator Carlos Fandino reported on the following: Two Vernon businesses recently highlighted in the news; June 8th Vernon network committee event; June 19th LA County Health community outreach event on Exide; and a June 19th Mayoral Ribbon Cutting at the Maywood YMCA. 26. City Council Reports —brief AB 1234 reports, or report on: activities, announcements, or directives to staff. Mayor Ybarra recessed the meeting at 9:40 a.m. Page 7 of 8 Regular City Council Meeting Minutes June 6, 2017 CLOSED SESSION At 9:40 a.m., the City Council entered into closed session to discuss the following agendized items: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (1) 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 9:44 a.m. the City Council exited closed session. City Attorney Hema Patel announced that one item was discussed and no reportable action was taken. With no further business, at 9:44 a.m., Mayor Ybarra adjourned the meeting. ATTEST: r��J Jf- Mai is E. Ayala( Cit} Clerk Page 8 of 8 'ID( Melis Ybarra v v v� Mayor