20181002 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, OCTOBER 2, 2018, IN COUNCIL
CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
CALL TO ORDER & FLAG SALUTE
Members Present: William Davis, Leticia Lopez, Melissa Ybarra
Members Absent: Yvette Woodruff -Perez, Luz Martinez
The meeting was called to order at 9:03 am by Mayor Pro -Temp William Davis; Assistant General
Manager of Public Utilities Todd Dusenberry led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there were no changes to the agenda
PUBLIC COMMENT
No Public comment provided.
PUBLIC HEARING
An Ordinance Amending Article XX of Chapter 2 of the Vernon Municipal
Code to Modify Parameters Pertaining to Fund Allocation, Eligibility, and
Criteria for Vernon CommUNITY Fund Grants
Recommendation: A. Find that the Ordinance amendment referenced in this
staff report 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. Conduct a Public Hearing; and
C. Approve the first reading, and adopt at a subsequent meeting, an ordinance
amending Article XX of Chapter 2, Sections 2.164, 2.165 and 2.166, of the
Vernon Municipal Code to modify Vernon CommUNITY Fund grant
allocation provisions and include the specific eligibility and selection criteria
for scholarship applicants.
Mayor Pro-Tem Davis opened the Public Hearing at 9:01 a.m.
City Administrator, Carlos Fandino reported on the proposed.
Councilmember Ybarra inquired about Part C of Section 2, the set amount of $250,000 being
allocated towards scholarships.
City Administrator Fandino responded that the amount is allocated per scholarship dependent on
�- the number of scholarship applicants/recipients.
No Public comment provided.
Mayor Pro-Tem Davis closed the Public Hearing at 9:08 a.m.
It was moved by Melissa Ybarra and seconded by Leticia Lopez to: A. Find that the Ordinance
amendment referenced in this staff report 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. Conduct a Public Hearing; and C.
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Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Article XX
of Chapter 2, Sections 2.164, 2.165 and 2.166, of the Vernon Municipal Code to modify Vernon
CommUNITY Fund grant allocation provisions and include the specific eligibility and selection
criteria for scholarship applicants.
PRESENTATION
2. Recognition of Retiring Employee - Richard Recano, Electric Operator
Recommendation: A. Acknowledge and present a proclamation to retiring
employee Richard Recano, Electric Operator, in recognition of his dedicated
service to the City of Vernon.
Ms. Ayala announced that Mr. Recano was not able to be present at the meeting. Ms. Ayala
proceeded to read the proclamation for the record.
3. Cost Allocation Plan & User Fee Study Presentation
Presented by: Daniel Edds, Representative from Capital Accounting Partners,
LLC
Recommendation: No action required by City Council. This is a presentation
only.
Director William Fox presented Mr. Daniel Edds and gave a brief summary of Mr. Edd's work
experience and advised that during the recent Business and Industry Commission meeting Mr.
Edds conducted a presentation that was well received by the committee members.
Mr. Edds provided the Cost Allocation Plan & User Fee Study PowerPoint presentation.
Mr. Fox further elaborated on the Presentation, "Comparison Results: Building" indicating that
the City needs to address existing `gaps'.
CONSENT CALENDAR
4. Minutes of the Regular City Council Meeting held September 18, 2018
Recommendation: A. Receive and File
Approval of Operating Account Warrant Register No. 8 Covering the Period
of September 11 through September 24, 2018
Recommendation: A. Approve Operating Account Warrant Register No. 8
which totals $8,546,521.19 and consists of the following:
1) Ratification of electronic payments totaling $8,173,739.78.
2) Ratification of the issuance of early checks totaling $367,970.07.
3) Authorization to issue pending checks totaling $4,811.34.
6. Approval of RDA Obligation Retirement Account Warrant Register No. 46
Covering the Period of August 28 through September 24, 2018
Recommendation: A. Approve RDA Obligation Retirement Account
Warrant Register No. 46 which totals $180.00 and consists of the following:
1) Ratification of electronic payments totaling $180.00.
7. Fire Department Activity Report for the Period of August 16 through August
31, 2018
Recommendation: A. Receive and file.
Vernon Police Department Activity Log and Statistical Summary for the
period of August 16 through August 31, 2018
Recommendation: A. Receive and file.
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9. Ratification of the Submission to the California Energy Commission of the
Attestation of the Veracity of the 2017 Power Source Disclosure Program
Annual Report and Approval of the Power Content Label
Recommendation: A. Find that approval of the proposed action is exempt
under the 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. Ratify the submission to the California Energy Commission of the
attestation, signed by Vernon Public Utilities' Integrated Resource Manager,
of the veracity of the 2017 Power Source Disclosure Program Annual Report;
and
C. Approve the Power Content Label and authorize its submission to the
California Energy Commission.
10. Amendment No. 1 to the License and Software Services Agreement with
Power Settlements Consulting and Software, LLC
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 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. 1 to the License and Software Services
Agreement with Power Settlements Consulting and Software, LLC, (Contract
No. 15-095) extending the term by three (3) months to January 31, 2019 and
increasing the existing not -to -exceed amount of $333,818 by an additional
$27,052.95, for a total contract value of $360,870.95; and
C. Authorize the City Administrator to execute Amendment No. 1, in
substantially the same form as submitted herewith, with Power Settlements
Consulting and Software, LLC, for the use and service of software for
managing California Independent System Operator, Inc. ("CAISO")
settlement data with an effective date of November 1, 2018.
11. Base Contract ("NAESB") with Calpine Energy Services, L.P. for Sale and
Purchase of Natural Gas
Recommendation: A. Find that (a) the agreement between the City of
Vernon and Calpine Energy Services 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
purchasing natural gas; 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 North American Energy Standards Board ("NAESB")
contract by and between the City of Vernon ("City") and Calpine Energy
Services, L.P. ("Calpine") in substantially the same form as attached; and
C. Authorize the General Manager of Public Utilities (as per Resolution No.
9280) to execute the NAESB contract by and between the City and Calpine
for the purpose of selling and/or buying natural gas to or from Calpine as
needs dictate and in compliance with the general terms established in the
agreement.
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12. Public Works Department August 2018 Monthly Building Report
Recommendation: A. Receive and File.
No public comment provided.
It was moved by Melissa Ybarra and seconded by Leticia Lopez to approve Consent Calendar
items 4 through 12. Motion carried, 3 - 0.
Yes: William Davis, Leticia Lopez, and Melissa Ybarra
No: None
NEW BUSINESS
13. A Resolution Appointing Fredrick Agyin to serve as Director of Health and
Environmental Control for the City of Vernon and approving and authorizing
the execution of a related at -will employment agreement.
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 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 Fredrick Agyin to serve as
Director of Health and Environmental Control of the City of Vernon effective
October 15, 2018, and approving and authorizing the execution of a related at -
will employment agreement.
Human Resources Director Michael Earl provided a brief summary of the recruitment process
and reported that 46 applications were received with 6 of those candidates invited to interview.
No public comment provided.
It was moved by Melissa Ybarra and seconded by Leticia Lopez to approve A Resolution
Appointing Fredrick Agyin to serve as Director of Health and Environmental Control for the City
of Vernon and approving and authorizing the execution of a related at -will employment agreement.
Motion carried, 3 - 0.
Yes: William Davis, Leticia Lopez, and Melissa Ybarra
No: None
14. Oath & Appointment of Fredrick Agyin as Director of Health and
Environmental Control for the City of Vernon.
Recommendation: Oath administered by Maria Ayala
City Clerk Maria Ayala administered the Oath of Office to Health and Environmental Control
Director Fredrick Agyin.
15. Award of a Labor and Materials Contract to Virginia Transformer Corp to
Furnish and Deliver a Single 66KV-7.2KV Three -Phase Power Transformer
(Bid Specification No. TR3-2018-VS.R1)
Recommendation: A. Find that approval of the proposed purchase of a Power
Transformer is exempt from California Environmental Quality Act ("CEQA")
review, because accepting and awarding a bid 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. As to the replacement of Power Transformer, the proposed
action is exempt from CEQA review, in accordance with CEQA Guidelines §
15302, because the proposed project consists of the reconstruction of existing
structures and facilities where the new structure will be located on the same
site as the structure replaced and will have substantially the same purpose and
capacity as the structure replaced; and
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B. Accept the bid from Virginia Transformer Corp as the lowest responsive
and responsible bidder and reject all other bids; and
C. Approve and authorize the execution of the Labor and Materials Contract
with Virginia Transformer Corp, in substantially the same form as attached
herewith, to furnish, deliver, and commission the requested 66KV-7.2KV
three-phase power transformer (Bid Specification No. TR3-2018-VS.R1) for a
three (3) year term in an amount not -to -exceed $1,127,564 with an effective
date of October 3, 2018.
Assistant General Manager of Public Utilities Dusenberry provided a brief summary of the
proposed Capital Improvement Project and recommended the acceptance of a bid from Virginia
Transformer Corp and the approval of contract for the purchase of a Power Transformer and
Labor and Materials; and the rejection of other bids.
No public comment provided.
It was moved by Melissa Ybarra and seconded by Leticia Lopez A. Find that approval of the
proposed purchase of a Power Transformer is exempt from California Environmental Quality Act
("CEQA") review, because accepting and awarding a bid 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. As to the replacement of Power
Transformer, the proposed action is exempt from CEQA review, in accordance with CEQA
Guidelines § 15302, because the proposed project consists of the reconstruction of existing
structures and facilities where the new structure will be located on the same site as the structure
replaced and will have substantially the same purpose and capacity as the structure replaced; and
B. Accept the bid from Virginia Transformer Corp as the lowest responsive and responsible bidder
and reject all other bids; and C. Approve and authorize the execution of the Labor and Materials
Contract with Virginia Transformer Corp, in substantially the same form as attached herewith, to
furnish, deliver, and commission the requested 66KV-7.2KV three-phase power transformer (Bid
Specification No. TR3-2018-VS.R1) for a three (3) year term in an amount not -to -exceed
$1,127,564 with an effective date of October 3, 2018. Motion carried, 3 - 0.
Yes: William Davis, Leticia Lopez, and Melissa Ybarra
No: None
ORAL REPORTS
City Administrator Carlos Fandino reported on the following: City Clerk participated in a Career
and College Fair in the City of South Gate; Police Department National Coffee with a Cop event
to be held on October 2, 2018 at Cafd Dulce business location on Alameda Street; Fire
Department to host annual Los Angeles Childrens' Hospital Blood Drive; City will be hosting
annual Halloween Spooktacular event on October 30 and 31. Employees are being dismissed
early on October 31 with departments planning accordingly so that all City departments remain
open.
The City Council entered closed session at 9:47 a.m.
CLOSED SESSION
16. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
At 10:11 a.m. the City Council exited closed session. City Attorney Hema Patel reported one
item was discussed with no reportable action taken.
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ADJOURNMENT
With no further business, at 10:11 a.m. Mayor Pro-Tem Davis adjourned the meeting.
ATTEST:
M diAya
City Clerk
6-3
k-
YveVe Wod ruff -Perez
Mayor
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