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2013-11-19 City Council MinutesMINUTES OF THE SPECIAL AND REGULAR CITY COUNCIL MEETINGS OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 19, 2013, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Ybarra and Martinez MEMBERS ABSENT:None The Special meeting of the City Council was called to order at 8:30 a.m. by Mayor McCormick. PUBLIC COMMENT Interim City Clerk Dana Reed announced that this was the time allotted for public comment on any matter on the special meeting portion of the agenda, that is, closed session only. Mayor McCormick inquired whether anyone in the audience wished to address the City Council. There was no response. CLOSED SESSION At 8:30 a.m. it was moved by Maisano and seconded by Davis that the City Council go into closed session to discuss the items listed under closed session. Motion carried, 5-0. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): One potential case. 2. PUBLIC EMPLOYEE APPOINTMENT Government Code § 54957(b)(1) Title: City Attorney At 8:47 a.m., it was moved by Martinez and seconded by Maisano, that the City Council exit closed session. Motion carried, 5-0. Special Legal Counsel Joung Yim announced that a settlement agreement involving the terms of resignation of the City Attorney has been resolved. City Attorney staff will report to the City Administrator while the City explores options regarding the City Attorney position. The meeting was recessed until 9:00 a.m. for the commencement of the regular meeting portion of the City Council meeting. The Regular meeting of the City Council was called to order at 9:00 a.m. by Mayor McCormick. Councilmember Maisano led the flag salute. CHANGES TO THE AGENDA Interim City Clerk Dana Reed announced that there are no changes to the agenda. Special and Regular City Council Meetings Minutes November 19, 2013 Page 2 of 17 PUBLIC COMMENT Interim City Clerk Dana Reed announced that this was the time allotted for public comment. Mayor McCormick inquired whether anyone in the audience wished to address the City Council. Leeor Alpern of South Coast Air Quality Management District (“AQMD”) announced that on December 6, 2013, the AQMD Governing Board will be meeting on the proposed Amended Rule 1420.1. This is an opportunity for public comment and to provide input. In response to Interim City Clerk Dana Reed, Alpern confirmed that the meeting will be held at the Diamond Bar location at 9:00 a.m. Sylvia Scott-Hayes of Education Reform Now (“ERN”) reported on Senator Gloria Romero’s Foundation for Parent Empowerment. Scott-Hayes is encouraging local cities to post a list released by the California Department of Education on their websites with information on schools that are on the open enrollment program for the purpose of providing parents information on the choices they have for their children to enroll in a higher performing school. She provided information to the Council. Scott-Hayes advised that she and Senator Romero are working on the strategic plan for the Foundation for Parent Empowerment. They will be working with parents to empower them to transform the schools; she provided contact information and encouraged feedback. This is an outreach effort to all the cities, especially in the southeast area, as there is a need for school program improvement. She thanked the Council. PRESENTATIONS 1. Personnel Matters - Service Pin Awards Mayor McCormick presented service pins to Battalion Chief Andrew Guth for his twenty-five years of service. He recognized Regional Training Captain Craig Peltier, Fire Engineer Pete Torres, Police Officer Todd Newton and Utilityman IV Rafael Castellanos for their many years of service as they could not attend the meeting. 2. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Noe Sandoval for His Service and Support of His Community. 3. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Nicholas Leonardo Delgadillo for His Service and Support of His Community. 4. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Raymond Lucky Godoy for His Service and Support of His Community. Mayor McCormick announced that he will be presenting the proclamations to the recognized Boy Scouts at a ceremony this upcoming weekend. It was moved by Maisano and seconded by Davis to approve all three proclamations in one motion. Motion carried, 5-0. Special and Regular City Council Meetings Minutes November 19, 2013 Page 3 of 17 5. Presentation by the Finance Director on the 2014 first quarter budget update. Finance Director William Fox presented an overview of the budget. Information on the actual versus budgeted revenue and expenditures for fiscal year ending June 2013 was presented and explained for both the Enterprise and Governmental funds. In response to Councilmember Ybarra, Fox explained the increase in the public safety expenses. An overview of budgeted revenue for fiscal year ending in June 2014 was presented. Fox presented a comparison of the 2013 and 2014 budgets. Fox added that the anticipated revenues from the three recently approved tax measures are conservative figures. In response to City Administrator Mark Whitworth, Fox explained the difference between the Enterprise and Governmental funds. The Enterprise is like a business in that commodities are sold. There is a large cost to produce this. Profits may be used in the general fund to pay for public services and administration of the City. Many cities do not have as large of an Enterprise as the City of Vernon. Fox reported and explained the change in net assets for fiscal year ending June 2013 and the Enterprise fund derivative liability. Fox presented the budgeted expenditures for the first quarter of fiscal year 2014. Fox concluded by advising that the City continues to monitor expenses; a strategic planning process has begun and additional revenue sources are being assessed. Mayor Pro-Tem Davis inquired whether other cities conduct strategic planning. In response, Fox advised that most cities do. It is important to plan for what will happen before it happens. Not everything can be predicted, but as events occur, strategic planning will allow the City to be better prepared. A strategic plan will be developed that incorporates both the Enterprise and Governmental funds. In response to Councilmember Ybarra’s comment that the budget for this fiscal year is not balanced, Fox advised that amendments to the budget are anticipated and will be addressed in either December or January. There will be updates to both the revenue and expenditure budgets. In response to Mayor McCormick’s concerns, Fox advised that the budgeted revenues for the new tax measures are conservative figures that are achievable. In response to Councilmember Maisano, Fox explained that the strategic plan will have various scenarios with best and worst cases. A computer model will be developed that will allow the City to change variables. In response to Independent Reform Monitor John Van de Kamp, Fox explained that the $1.5 million contribution to the Housing Development project is included in the budget and is also captured as an asset. Special and Regular City Council Meetings Minutes November 19, 2013 Page 4 of 17 CONSENT CALENDAR It was moved by Maisano and seconded by Ybarra to approve the matters listed on the Consent Calendar as presented. Motion carried, 5-0. Claims Against the City (to be received and filed) 1. None. Warrant Registers 2. Ratification of City Warrant Register No. 1385 to record voided Check No. 341938 in the amount of $84.44. 3. Approval of City Payroll Warrant Register No. 689, totaling $3,626,902.67, which covers the period of September 8, 2013, through October 19, 2013, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $2,687,846.33; and b. Checks and electronic fund transfers totaling $39,056.34. 4. Approval of City Warrant Register No. 1389, totaling $1,283,283.95, which covers the period of October 29, 2013, through November 11, 2013, and consists of the following: a. Ratification of wire transfers totaling $796,999.15; and b. Ratification of the issuance of early checks totaling $249,913.12; and c. Authorization to issue pending checks totaling $236,371.68. 5. Approval of Light & Power Warrant Register No. 354, totaling $1,302,024.32 which covers the period of October 29, 2013, through November 11, 2013, and consists of the following: a. Ratification of wire transfers totaling $1,180,819.95; and b. Ratification of the issuance of early checks totaling $60,024.82; and c. Authorization to issue pending checks totaling $61,179.55. 6. Approval of Gas Warrant Register No. 142, totaling $841,605.83, which covers the period of October 29, 2013, through November 11, 2013, and consists of the following: a. Ratification of wire transfers totaling $825,167.50; and b. Ratification of the issuance of early checks totaling $16,438.33. Community Services and Water Department 7. Building Department Report for the month of October 2013, to be received and filed. Special and Regular City Council Meetings Minutes November 19, 2013 Page 5 of 17 Fire Department 8. Activity Report for the period of October 16, through October 31, 2013, to be received and filed. Health and Environmental Control Department 9. October 2013 Monthly Report, to be received and filed. Police Department 10. Activity Log and Statistical Summary of Arrest and Activities for the period of October 16, through October 31, 2013, to be received and filed. 11. Approval of the Organized Crime Drug Enforcement Task Force Overtime and Expense Reimbursement Agreement Fiscal Year 2014. Recommendation: (1) Find that the agreement between the Organized Crime Drug Enforcement Task Force and the City of Vernon is exempt under the California Environmental Quality Act (“CEQA”). In accordance with Section 15061(b)(3), the general rule is that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the Police Chief to execute an agreement with the Organized Crime Drug Enforcement Task Force (“OCDETF”) in substantially the same form as submitted, to receive reimbursement of overtime and authorize travel and per diem expenses resulting from OCDETF investigations. NEW BUSINESS City Administration Department 1. Resolution No. 2013-94 - A Resolution of the City Council of the City of Vernon designating December 23, 24, 26, and 31, 2013, as additional City holidays for 2013 only, and directing closure of the public offices of the City of Vernon on these days. Recommendation: (1) Find that the California Environmental Quality Act (“CEQA”) does not apply to approval of the proposed resolution authorizing the closure of public offices of the City of Vernon on December 23, 24, 26, 31, 2013 because CEQA does not apply to personnel-related actions and administrative activities, as described by CEQA Guidelines Section 15378(b)(2) and (5). Further, even if CEQA did apply, approval of the proposed resolution is exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt the resolution designating December 23, 24, 26, and 31, 2013 as additional City Holidays for 2013 only, and approving the closure of the public offices of the City of Vernon on said days; and (3) Authorize the addition of 40 hours of in-lieu holiday time for representative employees in accordance with Special and Regular City Council Meetings Minutes November 19, 2013 Page 6 of 17 the 2012-2014 Police Officers Association Memorandum of Understanding, 2013-2014 Police Management Association Memorandum of Understanding and Department In Lieu Holiday Schedule “F” of Resolution No. 9542. City Administrator Mark Whitworth advised that several Directors and Councilmembers had expressed interest in the possibility of additional holidays for this calendar year only. As there have been no salary increases for most of the employees, additional holidays can be viewed as employee appreciation as they City works on increasing employee morale. He noted that designating additional holidays does have a cost and also needed to be vetted through the various bargaining units. In order to designate December 23, 24, 26, and 31, 2013 as additional holidays, there will be a cost of approximately $96,000. Considering that many Cities conduct furlough, Mayor McCormick is in favor of designating the additional holidays. It was moved by Davis and seconded by Maisano to approve Resolution No. 2013-94. Motion carried, 5-0. 2. Agreement with Fred MacFarlane for Strategic Consulting Services and to Serve as Senior Strategic Policy Advisor and Director of Communications. Recommendation: (1) Find that approval of the agreement is exempt from the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the City Administrator to terminate the January 3, 2011 consulting services agreement with Fred MacFarlane, effective November 30, 2013, and enter into a new consulting services agreement with Fred MacFarlane, in substantially the same form as submitted, for a term of one year, December 1, 2013 through November 30, 2014, at a not to exceed cost of $160,000, for strategic consulting services and to serve as Senior Strategic Policy Advisor and Director of Communications. Competitive bidding is not required for this professional services contract pursuant to Section 2.17.12(A)(10) of the Vernon Municipal Code. It is requested that the City Council grant an exemption from the competitive selection process, pursuant to Section 2.17.12(B)(2) of the Vernon Municipal Code, based upon a determination that the best interests of the city are served by a direct award of the contract without a competitive selection process, for the reasons set forth in the staff report. City Administrator Mark Whitworth reported on the importance of strategic planning for the City’s success. Current Public Information Officer Fred MacFarlane, through his past experienced, is well versed. With his assistance, Project 14 is developing which will be a comprehensive package. MacFarlane will serve as a liaison between various parties and also be available to provide feedback on policy issues. Special and Regular City Council Meetings Minutes November 19, 2013 Page 7 of 17 In response to Councilmember Ybarra, Whitworth clarified that although similar the proposed is different from the previously approved agreement. Whitworth further reported on the task MacFarlane would have. Independent Reform Monitor John Van de Kamp expressed his support for the proposed agreement with MacFarlane as he has done a good job for the City. He is in agreement that the proposed should be exempt from the competitive selection process. It was moved by Maisano and seconded by Davis to approve the agreement with Fred MacFarlane for strategic consulting services and to serve as the Senior Strategic Advisor and Director of Communications. Motion carried, 5-0. City Clerk Department 3. Approval of the following Resolutions pertaining to the General Municipal Election to be held on Tuesday, April 8, 2014: Resolution No. 2013-95 - A Resolution of the City Council of the City of Vernon, California, calling for the holding of an All Mail Ballot General Municipal Election to be held on Tuesday, April 8, 2014, for the election of a certain officer as required by the provisions of the charter of the City of Vernon. Resolution No. 2013-96 - A Resolution of the City Council of the City of Vernon, California, requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, April 8, 2014. Recommendation: (1) Find that approval of the Resolutions is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, as the proposed is administrative in nature; and (2) Approve the Resolution calling for the holding of the General Municipal Election to be held on April 8, 2014 for the Election of a City Councilmember; and (3) Approve the Resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the city relating to the conduct of the General Municipal Election to be held on Tuesday, April 8, 2014. Interim City Clerk Dana Reed advised that the proposed resolutions are housekeeping items regarding the April 8, 2014, Election. They are routine in nature but necessary to conduct the Election. It was moved by Ybarra and seconded by Davis to approve Resolution No. 2013-95 and Resolution No. 2013-96. Motion carried, 5-0. Community Services and Water Department Special and Regular City Council Meetings Minutes November 19, 2013 Page 8 of 17 4. Approval of the Green Streets Policy. Recommendation: (1) Find that establishing a Green Streets Policy is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with the two following sections of the CEQA Guidelines, 14 C.C.R. §§15000 et. seq.: (a) The CEQA categorical exemption in Section 15308 applies to the Green Streets Policy because said Policy is an action taken by the City in its role as a regulatory agency authorized by state regulation and said Policy is intended to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. No construction activities or relaxation of standards allowing environmental degradation are proposed in conjunction with the adoption of this Policy. (b) The Green Streets Policy is covered by the general rule set forth in Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Green Streets Policy involves procedures for the protection of the environment and has no significant adverse effect on the environment. (2) Adopt a motion to review and file the Green Streets Policy which provides guidelines and requirements that will apply to projects and limit stormwater runoff from public and private streets. Director of Community Services and Water Kevin Wilson recalled that the policy had been reviewed months back. He recommends adoption of the proposed policy that incorporates comments received. The policy addressed water quality issues and how it can be improved. Wilson reported on the criteria and advised that the policy manual and statement to assist staff is included. Wilson noted that the likelihood of the green street policy to apply is minimal as the City is for the most part already built out. It was moved by Ybarra and seconded by Martinez to approve the Green Streets Policy. Motion carried, 5-0. Health and Environmental Control Department 5. Approval of a Services Agreement by and between the City of Vernon and MSW Consultants, Inc., for Solid Waste Consulting Services to provide environmental sustainability consulting services to the City for a two-year term. Recommendation: (1) Find that because hiring a consultant to advise the City is an administrative activity that will not result in direct or indirect physical changes in the environment, doing so is not a “project” that is subject to the California Environmental Quality Act Special and Regular City Council Meetings Minutes November 19, 2013 Page 9 of 17 (“CEQA”). Furthermore, even if it were a project, because such actions will not have any effect on the environment, this action would be exempt from CEQA pursuant to CEQA Guidelines section 15061 (b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the City Administrator to enter into a services agreement for Solid Waste Consulting Services with MSW Consultants, Inc. (“MSW”), in substantially the same form as submitted herewith, for a term of two years, November 1, 2013 through October 31, 2015, in an amount not to exceed $260,000.00 per year or a grand total of $520,000.00 for two years. The contract is based on the city’s form personal services contract. The contract provides for a one-year optional extension at the City Administrator’s discretion if the price, terms, and conditions remain the same. Director of Health and Environmental Control Leonard Grossberg reported on the request for proposals process and the selection of MSW Consulting, Inc. A two year contract is requested. Grossberg reported on the various functions. A member of the public inquired whether the City currently had an entity performing the functions now. In response, Grossberg advised that MSW has been performing the functions for the last 12 years. As to the additional questions, Mayor McCormick directed staff to speak with the individual after the meeting. It was moved by Maisano and seconded by Davis to approve the Services Agreement with MSW Consultants, Inc., for solid waste consulting services to provide environmental sustainability consulting services to the City for a two-year term. Motion carried, 5-0. Human Resources Department 6. Resolution No. 2013-97 - A Resolution of the City Council of the City of Vernon amending Resolution No. 2013-91 to update section 4 and reaffirm section 5 regarding the City’s contribution toward medical and dental premiums for full time employees, and their eligible dependents, and qualified retirees under the age of 65 enrolled in City sponsored PPO medical plans. Recommendation: (1) Find that the California Environmental Quality Act (“CEQA”) does not apply to approval of the proposed resolution authorizing the City contribution toward the medical and dental premiums because CEQA does not apply to personnel-related actions and administrative activities, as described by CEQA Guidelines Section 15378(b)(2) and (5). Further, even if CEQA did apply, approval of the proposed resolution is exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. (2) Approve and adopt the resolution effective January 1, 2014 amending Resolution No. 2013-91 to update Section 4 and reaffirm Section 5 regarding the City’s contribution toward the medical and dental insurance premiums for full time employees, and their eligible Special and Regular City Council Meetings Minutes November 19, 2013 Page 10 of 17 dependents, and qualified retirees under the age of 65 enrolled in a City-sponsored PPO Medical Plans. Director of Human Resources Teresa McAllister advised that the proposed resolution will update the City’s contribution to the medical and dental health premiums and update the plans being offered for miscellaneous and safety personnel. It was moved by Maisano and seconded by Davis to approve Resolution No. 2013-97. Motion carried, 5-0. 7. Resolution No. 2013-98 - A Resolution of the City Council of the City of Vernon Denying the Application for an Industrial Disability Retirement by Francesco Pirello pursuant to Government Code Section 21156. Recommendation: (1) Find that denying the Industrial Disability Retirement Application is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt the resolution denying the application for an Industrial Disability Retirement, pursuant to government code section 21156, based on insufficient medical evidence that Mr. Pirello is substantially incapacitated from the performance of his usual and customary duties as a Police Sergeant for the City of Vernon. Director of Human Resources Teresa McAllister reported that Pirello was a Sergeant in the Police Department. Pirello retired and has since filed an application for an industrial disability retirement through CalPERS. The City is required to review such applications. The City has no additional files, therefore the recommendation is to deny the application as there is insufficient proof to support the request. It was moved by Davis and seconded by Martinez to approve Resolution No. 2013-98. Motion carried, 5-0. Light and Power Department 8. Request for Approval to Enter into new Port Canaveral Power Consultants, Inc. Service Contract. Recommendation: (1) Find that the approval requested is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve Light & Power’s request to enter into an agreement with Port Canaveral Power Consultants, Inc. (“Port Canaveral”), incorporating a Proposal (Exhibit “A”) and Proposed Deliverables (Exhibit “B”) for project management and engineering services encompassing all aspects of planning, development, and licensing involved in the commissioning of energy projects. The agreement shall be for a one (1) year term with an effective date of November 19, 2013 for a Special and Regular City Council Meetings Minutes November 19, 2013 Page 11 of 17 not to exceed amount of $252,000 for professional services, and a reimbursement limit of $48,000 for city approved project related travel expenses. The City Administrator may increase the $252,000 limit if he determines that a change order is necessary, and the total payments to Contractor would not exceed $300,000, inclusive of all city approved project related travel expenses. Port Canaveral would be paid $180.00 per hour for consulting services, and $90.00 per hour for travel time. Port Canaveral has one employee, Mr. Peter Hervish, who will be providing all of the services pursuant to the contract; and (3) Grant an exemption from the competitive selection process for Port Canaveral, pursuant to Section 2.17.12(B)(2) of the Vernon Municipal Code, based upon a determination that the best interests of the City are served by a direct award of the contract without a competitive selection process, for the reasons set forth in the staff report. Competitive bidding is not required for this professional services contract pursuant to Section 2.17.12(A)(10) of the Vernon Municipal Code. Director of Light and Power Carlos Fandino explained the request for exemption from competitive selection for the proposed agreement as Peter Hervish has been working with the City since 2005 and has intimate knowledge of the system. Fandino reported on the various tasks and functions. The agreement is for one year, at which point staff will come back to Council for further approval. It was moved by Maisano and seconded by Ybarra to approve the service contract with Port Canaveral Power Consulting, Inc. Motion carried, 5-0. 9. Resolution No. 2013-99 - A Resolution of the City Council of the City of Vernon approving and adopting the Vernon Light & Power Department Resource Adequacy Plan for 2014, which includes the Peak Demand Forecast, the Planning Reserve Margin, the Qualifying Capacity Criteria and the Qualifying Capacity from such resources, City’s Resource Adequacy and Supply Data and approves the resources used to satisfy the California Independent System Operator’s Tariff Requirements. Recommendation: (1) Find that the approval of the City of Vernon Light & Power Department Resource Adequacy Plan for 2014 referenced is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the Resolution approving the City of Vernon Light & Power Department Resource Adequacy Plan for 2014, which plan does the following: (a) Approves the coincident peak Demand Forecast for 2014; (b) Maintains 15% as the Reserve Margin for planning purposes; Special and Regular City Council Meetings Minutes November 19, 2013 Page 12 of 17 (c) Approves the Qualifying Capacity Criteria that is used to determine qualifying resource types and the Qualifying Capacity from such resources; (d) Approves the City’s annual Resource Adequacy and Supply data; (e) Approves the Resource Adequacy resources that will be used to satisfy the City’s Local Capacity Requirement for 2014. (3) Authorize staff to submit the “City of Vernon Light & Power Department’s Resource Adequacy Plan, Calendar Year 2014” and the Monthly Resource Adequacy and Supply data to the California Independent System Operator as they become due. Director of Light and Power Carlos Fandino explained the resource adequacy plan and advised that the California Independent System Operator (“CAISO”) requires that such plan be submitted. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2013-99. Motion carried, 5-0. ORDINANCES 1. Ordinance No. 1216 - An Ordinance of the City of Vernon, California, amending certain Sections of Chapter 21 of the Code of the City of Vernon regarding Sewers and Storm Drains to comply with the Municipal National Pollutant Discharge Elimination System (NPDES) Permit (second reading). Recommendation: (1) Finds that this action is exempt under the California Environmental Quality Act (“CEQA”) as follows: (a) The ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15308 in that the ordinance is an action taken by the City in its role as a regulatory agency authorized by state regulation and is intended to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. No construction activities or relaxation of standards allowing environmental degradation are proposed in conjunction with the adoption of this ordinance; and (b) The ordinance is covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance involves procedures for the protection of the environment and has no significant adverse effect on the environment. (2) Adopt Ordinance No. 1216 amending certain sections of Chapter 21 of the Code of the City of Vernon regarding Sewers and Storm Drains to comply with the municipal National Pollutant Discharge Elimination System (NPDES) Permit. Special and Regular City Council Meetings Minutes November 19, 2013 Page 13 of 17 There being no questions to staff, it was moved by Maisano and seconded by Davis to adopt Ordinance No. 1216. A roll call vote was taken: - Councilmember Martinez, yes - Councilmember Ybarra, yes - Councilmember Maisano, yes - Mayor Pro-Tem Davis, yes - Mayor McCormick, yes Motion carried, 5-0. 2. Ordinance No. 1217 - An Ordinance of the City Council of the City of Vernon amending various sections of Chapters 7, Fire Regulations and 24, Building and Construction, of the Vernon Municipal Code, along with amendments, additions and deletions and adopting by reference the following codes: (1) the 2013 California Fire Code, 24 CCR Part 9; (2) the 2013 California Building Code, 24 CCR Part 2; (3) the 2013 California Electrical Code, 24 CCR Part 3 (4) the 2006 Edition of the ICC Electrical Code Administrative Provisions; (5) the 2013 California Mechanical Code, 24 CCR Part 4; (6) the 2013 California Plumbing Code, 24 CCR Part 5; (7) the 2013 California Existing Building Code, 24 CCR Part 10; (8) the 2012 International Existing Building Code, (9) the 2013 California Residential Code, 24 CCR Part 2.5; (10) the 2013 California Green Building Standards Code also called the CALGreen Code, 24 CCR Part 11; (11) the 2013 California Energy Code, 24 CCR Part 6; repealing all prior ordinances and parts of ordinances in conflict therewith and making express findings and determinations that modifications to said codes are reasonably necessary because of local climatic, geological or topographical conditions (first reading). Recommendation: (1) Finds that this action is not subject to the California Environmental Quality Act (“CEQA”) as follows: (a) The ordinance is not considered a “project” under CEQA which is defined as a whole of an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Guidelines section 15378(a); Cal. Pub. Res. Code section 21065. Under the proposed ordinance, no such activity is being undertaken. Even if the ordinance were to be considered a “project” under CEQA, which is not the case, the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the adoption of state-mandated construction codes, and the revisions to those codes merely improve the Special and Regular City Council Meetings Minutes November 19, 2013 Page 14 of 17 safety of buildings and will not have any effect on the environment. (2) Introduces an ordinance amending various sections of Chapters 7 and 24 of the Vernon Municipal Code, along with amendments, additions and deletions and adopting by reference the following codes: (1) the California Fire Code, 24 CCR Part 9; (2) the 2013 California Building Code, 24 CCR Part 2; (3) the California Electrical Code, 24 CCR Part 3 and the 2006 Edition of the ICC Electrical Code Administrative Provisions; (4) the 2013 California Mechanical Code, 24 CCR Part 4; (5) the 2013 California Plumbing Code, 24 CCR Part 5; (6) the 2013 California Existing Building Code, 24 CCR Part 10; (7) the 2012 International Existing Building Code, (8) the 2013 California Residential Code, 24 CCR Part 2.5; (9) the 2013 California Green Building Standards Code also called the CALGreen Code, 24 CCR Part 11; and (10) the 2013 California Energy Code, 24 CCR Part 6. Director of Community Services and Water Kevin Wilson advised that the State of California adopts and publishes new codes every three years. These codes become effective January 1st. Wilson reported that there will be a public hearing on December 17, 2013, for the proposed Ordinance. In response to Councilmember Ybarra’s inquiry, Deputy City Attorney Scott Porter advised that the process for approval of the Fire and Building Codes is an odd case in that the public hearing takes place during the second reading of the Ordinance. Wilson further added that it is an odd case that also requires a 14 day notice, therefore the public hearing will not be held until the second City Council meeting in December; December 17, 2013. It was moved by Ybarra and seconded by Martinez to approve the first reading of Ordinance No. 2017. Motion carried, 5-0. ORAL REPORTS Police Chief Daniel Calleros reported that during a traffic stop on November 7, 2013, officers discovered approximately 2 pounds of methamphetamine in the vehicle. The driver was arrested for possession and transportation of methamphetamine. On November 16, 2013, officers responded to a possible burglary in progress after a security guard reported an open door with a missing a pad lock. During the search, three suspects were located hiding inside the warehouse. Two of the three suspects had priors. All three were charged with burglary. Lieutenant Jerry Winegar reported on two vandalism incidents. Mayor McCormick reported vandalism in the 6100 block of Boyle Avenue. Fire Chief Michael Wilson announced the upcoming Spark of Love toy drive. Wilson advised that the Los Angeles County feasibility study had finally been received. A presentation will be made at an upcoming City Council meeting. Special and Regular City Council Meetings Minutes November 19, 2013 Page 15 of 17 Wilson advised that the department will be conducting the annual hose testing. Along with the Community Services and Water Department, the annual confined space training will be conducted in December. The firefighter reserve academy will be commencing soon. Paramedics will also be conducting a specialized training with the Police Department on multiple victim shootings. On November 8, 2013, crews responded to a man trapped under several bundles of metal tubing at a local Vernon business. Unfortunately, the victim expired before the crews could remove him safely. CalOSHA was notified of the incident. Vernon Police Department is conducting the investigation. Wilson reported on a motorcycle and semi-truck incident on the 710 northbound freeway that occurred on November 18, 2013. The incident resulted in a small fire and fatality. Director of Community Services and Water Kevin Wilson announced the issuance of permits for two new buildings on Washington Boulevard. Additionally, there will be a ground breaking ceremony for two new buildings on Bandini Boulevard. Director of Light and Power Carlos Fandino reported on a power outage that occurred on November 13, 2013 at Real Mex. Although the building is abandoned, the business requests that it remain energized. Fandino reported on the bio methane contracts. Due to Element Market’s inability to secure financing, the City could be short on its bio methane requirement to meet renewable portfolio standards. The City will need to look at different options and review the contract language. Element Markets is proposing to potentially subsidize the quantity with wind or solar energy. All the information will need to be reviewed with legal and City Administration; more information to come. Finance Director William Fox reported on the centralization of all communication costs in the IT Department. In its review, the IT Department identified that some of the phone bills did not have the adjusted new rates. The usage levels were also reviewed and dormant lines were eliminated. As a result the City received a credit of approximately $10,000. Fox advised that the approved expense reimbursement resolution provides internet access to City Council and Commission members. Reimbursement for the internet service will be processed automatically through the City’s EDEN system. In response to Councilmember Ybarra’s inquiry on whether internet access was provided to all residents, Fiber Optics/Internet System Manager Ali Nour advised that all those that have signed up for the service are connected. For the privately owned homes, there is an additional equipment fee for the antenna and cable that are not part of the installation fee. Councilmember Ybarra opined that additional information or clarification needs to be provided to the residents. Staff was directed to check-in with all parties concerned. Special and Regular City Council Meetings Minutes November 19, 2013 Page 16 of 17 Director of Health and Environmental Control Leonard Grossberg reported on the invitation to the Los Angeles County Public Health Department to speak at a City Council meeting regarding Exide Technologies. Lead blood tests for the public are anticipated early next year. Grossberg reported on the Thermador closure. Staff is working with the Department of Toxic Substances Control. Sampling is being conducted and closure is anticipated by the end of December. Grossberg announced the Sustainable Development and Energy Efficiency Commission meeting on December 18, 2013. Human Resources Director Teresa McAllister announced the health and benefits open enrollment. The employee recognition and service award holiday ceremony will be on December 5, 2013. This is an effort to increase morale. A Human Resources employee newsletter is forthcoming. A possible college internship program is being reviewed. McAllister wished all a happy Thanksgiving. Assistant to City Administrator Alex Kung announced the cancellation of the Oversight Board of the Successor Agency to the Redevelopment Agency meetings for the months of December 2013 and January 2014. Kung reported on the extension of the due diligence period in the sale of the Angelus Can property as a result of the buyers request. City Administrator Mark Whitworth reported on the Vernon Chamber of Commerce and Los Angeles Economic Development Corporation luncheon on Economic Forecast and Industry Update held Thursday, November 7, 2013. Finance Director William Fox was a key speaker. John McMillan gave the impression that real estate was doing well, as there is a 3% vacancy. Economist Robert Kleinhenz advised that the economic recovery is slow, but steady. Whitworth announced the blood drive on November 21, 2013, at Fire Station No. 2. Whitworth thanked the City Council for the approval of the additional holidays, and directed staff to notify employees. He reported on the honorary event acknowledging John Van de Kamp. He wished Councilmember Ybarra an early birthday and wished all a happy Thanksgiving. Mayor McCormick reported on the publication in the Vernon Sun and other Eastern Group Publications on September 19, 2013, that report on Councilwoman Martinez’ story. He thanked Editor Nancy Martinez for the story and presented a plague to Councilmember Martinez. Martinez thanked everyone as she was touched by the gesture. With no further business, at 10:45 a.m., Mayor McCormick declared the meeting adjourned. ________________________ Special and Regular City Council Meetings Minutes November 19, 2013 Page 17 of 17 W. Michael McCormick Mayor ATTEST: _________________________ Ana Barcia Deputy City Clerk