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20180403 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, APRIL 3, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Woodruff -Perez, and Davis, MEMBERS ABSENT: Martinez and Lopez The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Mayor Pro -Tem Woodruff -Perez led the flag salute. CHANGES TO THE AGENDA Deputy City Clerk Matthew Ceballos 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. Hannali Paniagua, Caseworker for the Office of Hilda Solis, First District Supervisor, thanked the City for volunteering at the Cesar Chavez Day of Service event hosted by Supervisor Hilda Solis. CONSENT CALENDAR No public comment was provided. It was moved by Davis and seconded by Woodruff -Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 3-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Absent Lopez: Absent Claims Against the City — Received and Filed 1. None. Minutes — To be Received and Filed 2. Minutes of the Regular City Council Meeting held March 20, 2018 Warrant Registers 3. Ratification of the following Light & Power Warrant Register to record the following voided checks: A. Light & Power Warrant Register No. 455 to record voided Check No. 513151 in the amount of $595.95. 4. Approval of General Account Warrant Register No. 1491, totaling $1,121,569.34, which covers the period of March 13 through March 26, 2018 and consists of the following: A. Ratification of wire transfers totaling $788,052.42 and B. Ratification of the issuance of early checks totaling $256,295.97; and Regular City Council Meeting Minutes April 3, 2018 C. Authorization to issue pending checks totaling $77,220.95. 5. Approval of Public Utilities Warrant Register No. 456, totaling $6,740,396.60, which covers the period of March 13 through March 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $6,624,925.85; and B. Ratification of the issuance of early checks totaling $115,470.75 6. Approval of Gas Warrant Register No.244, totaling $2,121,825.93, which covers the period of March 13 through March 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $2,102,600.17; and B. Ratification of the issuance of early checks totaling $19,225.76. Finance Department 7. Authorization to Enter into a Services Agreement with Aon Risk Insurance Services West, Inc. (Aon) for Professional Property/Casualty Insurance Broker or Record Services for Fiscal Years 2019 through 2021 Recommendation: A. Find that entering into a services agreement with Aon Risk Insurance Services West, Inc. (Aon), an insurance broker to obtain coverage on behalf of the City is exempt under the California Environmental Quality Act (CEQA). The scope of the work to be performed 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. In addition, even if it was determined to be a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule that CEQA only applies to activities that may have a significant effect on the environment. B. Approve a services agreement with Aon, in substantially the same form as submitted herewith, to perform professional property/casualty insurance broker of record services through fiscal year 2021 for a total amount not to exceed $277,500 C. Authorize the City Administrator to execute a three year services agreement with Aon with an effective date of July 1, 2018. Fire Department 8. Activity Report for the period of March 1 through March 15, 2018 Police Department 9. Activity Log and Statistical Summary of Arrests and Activities for the period of March 1, through March 15, 2018, to be received and filed Public Works Department 10. Resolution No. 2018-09 - A Resolution of the City Council of the City of Vernon approving and authorizing the submittal of application(s) for the CalRecycle Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program and related authorizations for which the City of Vernon is eligible and repealing all resolutions in conflict therewith Recommendation: Page 2 of 7 Regular City Council Meeting Minutes April 3, 2018 A. Find that approval of the request for authority to receive and spend payment program funds in this staff report is exempt from the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt a resolution requesting approval and authority to receive and spend payment program funds from the Department of Resources Recycling and Recovery ("CalRecycle"). ORDINANCE 1. Ordinance No. 1250 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, by amending Sections 1.9 through 1.9-2 of Chapter 1 relating to absence of a newspaper in the City and repealing all ordinances or parts of ordinances in conflict therewith (second reading) 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 the second reading, and adopt Ordinance 1250, amending Sections 1.9, 1.9- 1, and 1.9-2 of Chapter 1 of the Vernon Municipal Code, amending the Designation of Newspaper and Publication. No further report was provided. No public comment received. It was moved by Woodruff -Perez and seconded by Davis to approve the second reading, and adopt an Ordinance amending Sections 1.9, 1.9-1, and 1.9-2 of Chapter 1 of the Vernon Municipal Code, amending the Designation of Newspaper and Publication. Motion carried, 3-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Absent Lopez: Absent NEW BUSINESS Human Resources Department 11. Resolution No. 2018-10 -A Resolution of the City Council of the City of Vernon approving the Amendment No. 1 to the Memorandum of Understanding by and between the City of Vernon and the Vernon Firemen's Association for the period of July 1, 2016 through June 30, 2019 Recommendation: A. Find that approval of the proposed Amendment No. 1 to the Vernon Firemen's Association (VFA) 2016-2019 Memorandum of Understanding 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. Page 3 of 7 Regular City Council Meeting Minutes April 3, 2018 B. Adopt the attached resolution approving Amendment No. 1 to the Vernon Firemen's Association 2016-2019 Memorandum of Understanding to amend the following provision: 1. Article Three, Section 15, Fire Staff Premium Pay Human Resources Director Michael Earl reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Woodruff -Perez to adopt Resolution No. 2018-10. Motion carried, 3-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Absent Lopez: Absent 12. Resolution No. 2018-11 - A Resolution of the City Council of the City of Vernon declaring the month of April 2018 as "Sexual Assault Awareness Month" and April 25, 2018 as "Denim Day" Recommendation: A. Find that the request to adopt the attached resolution proclaiming April 2018 as "Sexual Assault Awareness Month" and April 25, 2018 as "Denim Day" 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 proclaiming April 2018 as "Sexual Assault Awareness Month" and April 25, 2018 as "Denim Day" in the City of Vernon in support of the Peace Over Violence sexual violence education campaign. Director Earl reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Woodruff -Perez adopt Resolution No. 2018-11. Motion carried, 3-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Absent Lopez: Absent Public Works 13. Contract Award for City Contract No. CS -0940: Downey Road Improvements Recommendation: A. Find that the award of the proposed Capital Improvement Project at Downey Road is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) Page 4 of 7 Regular City Council Meeting Minutes April 3, 2018 (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Accept the bid proposal from Hardy & Harper, Inc., as the lowest responsive and responsible bidder for the Downey Road Improvements Project and reject all other bids; and C. Approve and authorize the City Administrator to execute contract CS -0940 in the amount of $1,828,000 for the Downey Road Improvements Project, for a period not to exceed 60 calendar days; and D. Authorize a contingency of $75,000.00 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Public Works Director Daniel Wall reported on the proposed. No public comment was provided. Councilmember Davis inquired as to the material used on the road improvements, Director Wall addressed the technical question. It was moved by Davis and seconded by Woodruff -Perez to accept the bid proposal from Hardy & Harper, Inc., as the lowest responsive and responsible bidder for the Downey Road Improvements Project and reject all other bids, and approve and authorize the City Administrator to execute contract CS -0940 in the amount of $1,828,000 for the Downey Road Improvements Project, for a period not to exceed 60 calendar days, and authorize a contingency of $75,000.00 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Motion carried, 3-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Absent Lopez: Absent 14. Contract Award for City Contract No. CS -0915: Citywide Traffic Signal Maintenance FY 2018 Recommendation: A. Find that the proposed Capital Improvement Project for the Citywide Traffic Signal Maintenance FY 2018 Project throughout the city limits is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, Class 1, maintenance, because this project only consists of maintenance and repair of the City's traffic signals; and 4 B. Accept the bid from Siemens Industry Inc. as the only responsive and responsible bidder; and C. Approve and authorize the City Administrator to execute a contract in an amount not to exceed $297,354.00 for the Citywide Traffic Signal Maintenance FY 2018 Project (CS -0915); and D. Authorize a contingency of $32,646 in the event of an unexpected changed condition or additional extraordinary maintenance and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Director Wall reported on the proposed. Page 5 of 7 Regular City Council Meeting Minutes April 3, 2018 No public comment was provided. It was moved by Woodruff -Perez and seconded by Davis to accept the bid from Siemens Industry Inc. as the only responsive and responsible bidder, and approve and authorize the City Administrator to execute a contract in an amount not to exceed $297,354.00 for the Citywide Traffic Signal Maintenance FY 2018 Project (CS -0915), and authorize a contingency of $32,646 in the event of an unexpected changed condition or additional extraordinary maintenance and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Motion carried, 3-0. Ybarra: Yes Woodruff -Perez: Yes Davis: Yes Martinez: Absent 4 Lopez: Absent ORAL REPORTS 16. City Administrator Reports — brief reports on activities and other brief announcements. Administrative Analyst Diana Figueroa reported on the following: Various power outages throughout the City; a March 29th, outreach meeting for customers on their Integrated Resource Plan development process and Cost of Service Study; Various Fire Department Incidents throughout the City; March 28th and 29th, Inaugural Aspire Summit; April 17th Open House for the Regional Training Center; April 19th the annual St. Baldrick's and Children's Hospital Fund raiser; Various Police Department Incidents throughout the City; May Pt City Council Harassment Prevention training; The City's Spring Egg-stravaganza took place on March 22na; March 24th Cesar Chavez Day of Service event hosted by Supervisor Hilda Solis; and Vernon's General Municipal Election on April l01h 17. City Council Reports —brief AB 1234 reports, or report on: activities, announcements, or directives to staff. At 9:18 a.m., the City Council entered into closed session to discuss the following agendized items: CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 19. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation. Potential retaliation claim by City employee Government Code Section 54956.9(e)(2) Number of potential cases: 1 20. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 Page 6 of 7 Regular City Council Meeting Minutes April 3, 2018 At 9:47 a.m. the City Council exited closed session. City Attorney Hema Patel reported that three items were discussed and that no reportable action was taken. With no further business, at 9:47 a.m., Mayor Ybarra adjourned the meeting. ATTEST: MarE. Ayala ~" City Jerk Page 7 of 7 Yvette Woodruff -Perez Mayor