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2016-11-01 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, NOVEMBER 1, 2016, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Davis. Police Chief Daniel Calleros 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. Sandra Rivera Orozco, Southeast Political Activist, spoke about her recent accolades and gave a short biography of herself. CLOSED SESSION At 9:07 a.m., the City Council entered into closed session to discuss the following agendized items: 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon Los Angeles Superior Court Case No. BS159589 B. City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 At 9:21 a.m. the City Council exited closed session. City Attorney Hema Patel announced that two items were discussed and reported out that Council had taken action on Item 1(B). It was moved by Martinez and seconded by Lopez to approve Resolution No. 2016-61. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes PRESENTATION 2. Life-Savings Award Presentation Presented by: Vernon Police Department, Chief Daniel Calleros and Vernon Fire Department, Interim Chief Andrew Guth Regular City Council Meeting Minutes November 1, 2016 Page 2 of 8 Police Chief Daniel Calleros and Interim Fire Chief Andrew Guth reported on the proposed and presented the Life-Savings Award to the following: At 9:36 a.m. Mayor Davis recessed the meeting. At 9:46 a.m. the meeting was reconvened. 3. Moody’s Bond Rating Update Presented by: William Fox, Finance Director Finance Director William Fox provided a PowerPoint presentation. Public Comment: Marisa Olguin, Vernon Chamber of Commerce, spoke about the cooperative effort between the Chamber and the City on the proposed increase to the User Utility Tax. Ms. Orozco stated that she was glad to see this moving forward in a transparent and accountable manner. Mayor Davis inquired as to when this was going to be voted on. City Administrator Carlos Fandino explained that it would go on the April 11, 2017 election ballot and a timeline was being generated. City Council inquired as to why the Moody’s findings were negative. Finance Director Fox further explained the findings of Moody’s and their decision making process. CONSENT CALENDAR It was moved by Woodruff-Perez and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes Claims Against the City – Received and Filed 4. None Minutes – To be Received and Filed 5. Minutes of the Regular City Council Meeting held October 4, 2016 6. Minutes of the Special City Council Meeting held October 12, 2016 7. Minutes of the Regular City Council Meeting held October 18, 2016 Warrant Registers 8. Approval of City Warrant Register No. 1459, totaling $728,705.21, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of wire transfers totaling $505,840.53; and B. Ratification of the issuance of early checks totaling $79,987.70; and C. Authorization to issue pending checks totaling $142,876.98; and D. Voided check No. 352642 totaling $49,983.10 Regular City Council Meeting Minutes November 1, 2016 Page 3 of 8 9. Approval of Light & Power Warrant Register No. 424, totaling $6,880,221.15, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of wire transfers totaling $6,804,700.31; and B. Ratification of the issuance of early checks totaling $62,040.28; and C. Authorization to issue pending checks totaling $13,480.56. 10. Approval of Gas Warrant Register No. 212, totaling $6,133.22, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of the issuance of early checks totaling $6,133.22. Fire Department 11. Activity Report for the period of September 16 through September 30, 2016 Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of October 1, through October 15, 2016, to be received and filed Public Works, Water and Development Services Department 13. Building Department Report for the Month of September 2016 14. Measure R Funding Agreement for the Interstate 710 South Early Action Projects Review of the I-710 Recirculated Draft EIR/EIS with the Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that the approval of the proposed Measure R Funding Agreement for the Interstate 710 South Early Action Projects (hereinafter referred to as the “Measure R Funding Agreement) (attached herewith) is exempt from the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Approval to enter into the Measure R Funding Agreement between the Los Angeles County Metropolitan Transportation Authority (Metro) and the City of Vernon for City staff’s continued participation, coordination, and to provide technical support for the I-710 Corridor Project including the review of the I-710 Recirculated Draft Environmental Impact Report/Environmental Impact Study (hereinafter referred to as the “Recirculated Draft EIR/EIS”) for a not to exceed amount of $18,000 for the period ending June 30, 2018; and C. Authorize the Mayor to execute the Measure R Funding Agreement for the Recirculated Draft EIR/EIS. 15. Increase in Cost to the Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for the Purposes of the Proposition 84 Grant Program Recommendation: A. Find that approval of the increase in cost to the Subrecipient Agreement is exempt under the California Environmental Quality Act (CEQA) in accordance with Regular City Council Meeting Minutes November 1, 2016 Page 4 of 8 Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, and find that for the construction and installation of two (2) tree box filters in a transportation corridor are categorically exempt under the CEQA in accordance with Guidelines Section 15303, Class 3 because: (i) no significant physical changes will occur as a result of this approval; (ii) the project will consist of minor construction and connection to an existing facility (catch basin) to improve the water quality in the Los Angeles River, (iii) the project is an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, (iv) the project does not involve significant amounts of hazardous substances, and (v) the area is not in an environmentally sensitive area, and; and B. Authorize an increase in cost of $14,476.82 to the Subrecipient Agreement between the City of Vernon (“City”) and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”). 16. Legal Services Agreement with Richards, Watson & Gershon for Litigation regarding the Los Angeles Municipal National Pollution Discharge Elimination System Permit Recommendation: A. Find that because the proposed action will not result in direct or indirect physical changes in the environment, it does not constitute a “project” as defined by California Environmental Quality Act (“CEQA”) Guidelines Section 15378 and is therefore not subject to CEQA review. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to 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 B. Authorize an $8,000 increase in cost for legal services provided by Richards, Watson & Gershon (“RWG”) under their current Legal Services Agreement with the City of Vernon (copy attached) to continue representing the City, as needed to protect the City’s interests, as a real party in interest in litigation challenging a Final Order of the State Water Board which approved the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 (“Municipal NPDES Permit) as amended by Order WQ 2015-0075. NEW BUSINESS City Administration Department 17. Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of an eligible individual 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 November 1, 2016 to June 30, 2018. City Administrator Carlos Fandino reported on the proposed. Regular City Council Meeting Minutes November 1, 2016 Page 5 of 8 Councilmember Ybarra recused herself for this item. Mayor Pro-Tem Woodruff Perez asked Senior Advisor to the City Administrator Fred MacFarlane what characteristics would make a good representative for this seat. Senior Advisor MacFarlane responded with his opinion on the criteria a representative should possess. Mayor Davis nominated Al Rios for the Vernon Area Representative Seat, seconded by Councilmember Lopez. Motion failed, 2-2. Davis: Yes Woodruff-Perez: No Martinez: No Ybarra: Recused Lopez: Yes Mayor Pro-Tem Woodruff-Perez nominated Sandra Villarreal for the Vernon Area Representative Seat, seconded by Councilmember Martinez. Motion failed, 2-2. Davis: No Woodruff-Perez: Yes Martinez: Yes Ybarra: Recused Lopez: No City Clerk Maria Ayala stated, on City Attorney Patel’s advisement, Ybarra could join the meeting and vote on the item. Councilmember Ybarra un-recused herself. City Clerk Ayala announced a new roll call vote would be taken on the two nominations. Councilmember Ybarra inquired about the details of the representative seat. Senior Advisor MacFarlane responded. It was moved by Davis and seconded by Lopez to approve the appointment of Al Rios to the Vernon Area Representative Seat of the Vernon CommUNITY Fund Grant Committee. Motion failed, 2-3. Davis: Yes Woodruff-Perez: No Martinez: No Ybarra: No Lopez: Yes It was moved by Woodruff-Perez and seconded by Martinez to approve the appointment of Sandra Villarreal to the Vernon Area Representative Seat of the Vernon CommUNITY Fund Grant Committee. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes 18. Appointment of Eligible Individual 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 Regular City Council Meeting Minutes November 1, 2016 Page 6 of 8 B. Appoint an eligible individual to serve on the Vernon Business & Industry Commission for an unexpired term in a Vernon Real Estate Representative Seat until the term expires on June 30, 2018. City Administrator Fandino reported on the proposed. Councilmember Ybarra nominated Brandon Gill. Nomination failed for lack of a second. Mayor Davis nominated Jack Whalen for the Vernon Real Estate Representative Seat, seconded by Councilmember Martinez. It was moved by Davis and seconded by Martinez to approve the appointment of Jack Whalen to the Vernon Real Estate Representative Seat of the Vernon Business & Industry Commission. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes City Clerk Department 19. Adoption of Two (2) Resolutions: 1) Calling for a General Municipal Election to be Held on Tuesday, April 11, 2017; and 2) Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services for Conduct of Said General Municipal Election Recommendation: A. Find that approval of the Resolutions 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 a Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of an All-Mail Ballot General Municipal Election to be held on Tuesday, April 11, 2017 for the Election of a Certain Officer as required by the provisions of the Charter of the City of Vernon; and C. Adopt 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 the General Municipal Election to be Held on Tuesday, April 11, 2017. City Clerk Ayala reported on the proposed. It was moved by Lopez and seconded by Martinez to approve Resolution No. 2016-62 and Resolution No. 2016-63. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes Public Works, Water and Development Services Department Regular City Council Meeting Minutes November 1, 2016 Page 7 of 8 20. Results of the Tenant Relocation Survey Related to the City’s Housing Remodel Project and Possible Divestment of Two City-Owned Housing Units in Huntington Park Recommendation: A. Find that the recommendations below are exempt under the California Environmental Quality Act (“CEQA”) because such are not a “project” as that term is defined in the CEQA Guidelines Section 15378(b)(2), because such actions constitute an administrative activity; and even if it were a project, it would still be exempt 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. Conduct a discussion regarding the results of the Tenant Relocation Survey; and C. Proceed with the Vernon Housing Commission’s recommendation to sell the two remaining City-owned housing units located at 6010 Oak Street and 2915 E. 60th Place in the City of Huntington Park; and D. Authorize staff to designate the proceeds from the sale of the two Huntington Park units solely for capital improvements and other projects related to the existing housing stock in the City of Vernon. Public Works, Water and Development Services Director Derek Wieske reported on the proposed. A dialogue ensued between staff and Council about the tenant relocation survey. It was moved by Ybarra and seconded by Lopez to proceed with selling the two remaining City- owned Huntington Park housing units and authorize staff to designate the proceeds from the sale solely for capital improvements and other projects related to the existing housing stock. Motion carried, 5-0. Davis: Yes Woodruff-Perez: Yes Martinez: Yes Ybarra: Yes Lopez: Yes ORAL REPORTS 21. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: An October 28th robbery near the 5300 block of Downy Road; an October 28th robbery near 5600 block of Alcoa Avenue; November 6th active shooter training exercise; vandalism on 4700 block of District Avenue; and graffiti near the 3300 block of 50th street. Public Works, Water and Development Services Director Derek Wieske reported the following: a staff attended storm water workshop; upcoming board and commission meetings; and annual building activity. Gas and Electric Director Kelly Nguyen reported on October 30th power outage on Downy Avenue and 50th street. Utilities Engineering Manager Ali Nour provided a PowerPoint presentation on the Maisano Substation. Finance Director William Fox reported on the expedited audit report. Human Resources Director Michael Earl reported on employee open enrollment. Mayor Davis wanted to note graffiti near 5500 Soto Street. Regular City Council Meeting Minutes November 1, 2016 Page 8 of 8 City Administrator Carlos Fandino reported on the following: the JLAC audit and compliance; ongoing meetings with the Chamber; Fire Chief interviews; open enrollment; and the Halloween event. 22. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Mayor Davis reported on the sanitation district meeting he attended. With no further business, at 11:26 a.m., Mayor Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk