2016-11-15 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, NOVEMBER 15, 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:
The meeting was called to order at 9:00 a.m. by Mayor Davis. Councilmember Ybarra led the flag
salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that an updated redlined draft of Agenda Item No. 1 was
provided to Council and community for this first reading. The final draft will be provided at the
second reading.
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 legislation relating to neurological
conditions, the National Multiple Sclerosis Society, and cannabis.
PUBLIC HEARING
Public Works, Water and Development Services Department
1. Public Hearing on the Proposed Amendments to Chapters 7 and 24 of the Vernon
Municipal Code 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 2016 California Fire Code, 24 CCR Part 9; (2) the 2016 California Building Code, 24 CCR Part 2; (3) the 2016 California Electrical Code, 24 CCR Part 3; (4) the 2006 Edition of the International Code Council Electrical Code Administrative Provisions; (5) the 2016 California Mechanical
Code, 24 CCR Part 4; (6) the 2016 California Plumbing Code, 24 CCR Part 5; (7)
the 2016 California Existing Building Code, 24 CCR Part 10; (8) the 2015 International Existing Building Code; (9) the 2016 California Residential Code, 24 CCR Part 2.5; (10) the 2016 California Green Building Standards Code also called
the CALgreen Code, 24 CCR Part 11, and; (11) the 2016 California Energy Code,
24 CCR Part 6; repealing all prior ordinances and parts of ordinances in conflict
therewith (First Reading) Recommendation:
A. Find that the action proposed herein is not subject to the California Environmental Quality Act (CEQA) as this ordinance is not considered a “project” under CEQA which is defined as 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, 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
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November 15, 2016
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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
safety of buildings and will not have any effect on the environment; and B. Approve the first reading, and adopt at a subsequent meeting, 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 2016 California Fire Code, 24 California Code of Regulations (CCR) Part 9; (2) the 2016 California Building Code, 24 CCR Part 2; (3) the 2016 California Electrical Code, 24 CCR Part 3; (4) the 2006 Edition of the
International Code Council (ICC) electrical Code Administrative Provisions; (5)
the 2016 California Mechanical Code, 24 CCR Part 4; (6) the 2016 California
Plumbing Code, 24 CCR Part 5; (7) the 2016 California Existing Building Code, 24 CCR Part 10; (8) the 2015 International Existing Building Code; (9) the 2016 California Residential Code, 24 CCR Part 2.5; (10) the 2016 California Green
Building Standards Code also called the CALGreen Code, 24 CCR Part 11, and;
(11) the 2016 California Energy Code, 24 CCR Part 6.
At 9:09 a.m. Mayor Davis opened the public hearing.
Public Works, Water and Development Services Department Director Derek Wieske reported on
the proposed, and also indicated that his comments were also relevant to Agenda Item No. 15, as
the two items are closely related.
No public comment was provided.
At 9:17 a.m. Mayor Davis closed the public hearing.
It was moved by Ybarra and seconded by Woodruff-Perez to approve the first reading, and adopt
at a subsequent meeting, an ordinance amending various sections of Chapters 7 and 24 of the
Vernon Municipal Code. Motion carried, 5-0.
Davis: Yes Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes
Lopez: Yes
PRESENTATION
2. Service Pin Awards for October 2016
NAME DEPARTMENT TITLE YEARS
Michelle J. Tolmasoff Vernon Gas & Electric Senior Administrative Assistant 15
Willie A. Carram Vernon Gas & Electric Utilities Dispatcher 10
Anthony Zarate Public Works Administrative Secretary 5
Human Resources Director Michael Earl presented the awards to Anthony Zarate and Michelle J.
Tolmasoff who were in attendance. Willie A. Carram was not in attendance. CONSENT CALENDAR
It was moved by Ybarra and seconded by Lopez to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 5-0. Davis: Yes
Woodruff-Perez: Yes
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November 15, 2016
Page 3 of 7
Martinez: Yes Ybarra: Yes
Lopez: Yes
Claims Against the City – Received and Filed 3. Claim for Damages from Salvador Vargas received November 8, 2016 in the amount of $1236.14
Warrant Registers 4. Ratification of the following City Warrant Register to record the following voided checks:
A. City Warrant Register No. 1458 to record voided Check No. 352559 in the amount of $45.50; and
B. City Warrant Register No. 1459 to record voided Check No. 352725 in the amount
of $871.46.
5. Approval of City Payroll Warrant Register No. 725 totaling $3,297,151.95, which covers the period of October 1 through October 31, 2016 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,280,894.39; and
B. Checks and electronic fund transfers (EFT) totaling $1,016,257.56.
6. Approval of City Warrant Register No. 1460, totaling $959,250.74, which covers the
period of October 25 through November 7, 2016, and consists of the following:
A. Ratification of wire transfers totaling $548,077.82; and
B. Ratification of the issuance of early checks totaling $325,940.90; and
C. Authorization to issue pending checks totaling $85,232.02; and
D. Voided check No. 352786 totaling $571.38.
7. Approval of Light & Power Warrant Register No. 425, totaling $2,103,285.72, which covers the period of October 25 through November 7, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,802,310.73; and
B. Ratification of the issuance of early checks totaling $187,447.62; and
C. Authorization to issue pending checks totaling $113,527.37.
8. Approval of Gas Warrant Register No. 213, totaling $1,731,513.59 which covers the
period of October 25 through November 7, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,592,338.64; and
B. Ratification of the issuance of early checks totaling $138,250.51; and C. Authorization to issue pending checks totaling $924.44.
Fire Department
9. Activity Report for the period of October 1 through October 15, 2016
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10. Activity Report for the period of October 16 through October 31, 2016
Health and Environmental Control Department 11. October 2016 Monthly Report
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of October 16, through October 31, 2016, to be received and filed
Public Works, Water and Development Services Department
13. Building Department Report for the Month of October 2016 14. Acceptance of Electrical Easement at 3200 Slauson Avenue (APN 6310-027-023)
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, in substantially the same form as attached to this
staff report, and authorize the Mayor to execute the Certificate of Acceptance.
NEW BUSINESS
Public Works, Water and Development Services Department
15. Resolution No. 2016-64 - A Resolution of the City Council of the City of Vernon
making express findings and determinations that modifications to the following California Buildings Standards Code: the 2016 California Fire Code, 24 CCR Part 9; the 2016 California Building Code, 24 CCR Part 2; the 2016 California Electrical Code, 24 CCR Part 3; the 2016 California Mechanical Code, 24 CCR Part 4; the
2016 California Plumbing Code, 24 CCR Part 5; the 2016 California Existing
Building Code, 24 CCR Part 10; the 2016 California Residential Code, 24 CCR Part 2.5; the 2016 California Green Building Standards Code also called the CALgreen Code, 24 CCR Part 11, and; the 2016 California Energy Code, 24 CCR Part 6; and the 2006 Edition of the International Code Council Electrical Code Administrative
Provisions; and the 2015 international existing building code are reasonably
necessary because of local climatic, geological or topographical conditions Recommendation:
A. Find that the action proposed herein is not subject to the California Environmental Quality Act (CEQA) as the resolution is not considered a “project” under CEQA
which is defined as 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. CEQA
Guidelines section 15378(a); Cal. Pub. Res. Code section 21065. Under the proposed resolution, no such activity is being undertaken. Even if the resolution
were to be considered a “project” under CEQA, which is not the case, the resolution
would be covered by the general rule set forth in CEQA Guidelines Section
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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 resolution involves making express findings and determinations that modifications to each Code are reasonably necessary due to local climatic, geological, or topographical conditions and will not have any effect on the
environment; and
B. Adopt the proposed resolution making express findings and determinations that modifications to each Code are reasonably necessary due to local climatic, geological, or topographical conditions.
Director Wieske reported on the proposed.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2016-64. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes Martinez: Yes
Ybarra: Yes
Lopez: Yes
16. Resolution No. 2016-65 - A Resolution of the City Council of the City of Vernon approving and accepting the grant deed dedicating in fee a portion of the property located at 4415 Bandini Boulevard
Recommendation: A. Find that accepting the Grant Deed is exempt from the California Environmental
Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(c)
because if any construction occurs as a result of accepting and executing the Grant
Deed, the work would merely involve negligible expansion of an existing street; and
B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the
Certificate of Acceptance and the Grant Deed for approximately 3,000 square feet
of land located at 4415 Bandini Boulevard.
Director Wieske reported on the proposed.
It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-65. Motion
carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes Lopez: Yes
17. Resolution No. 2016-66 - A Resolution of the City Council of the City of Vernon
approving and accepting the grant deed dedicating in fee a portion of the property
located at 4333 Bandini Boulevard Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(c)
because if any construction occurs as a result of accepting and executing the Grant
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Deed, the work would merely involve negligible expansion of an existing street; and
B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the
Certificate of Acceptance and the Grant Deed for approximately 2,500 square feet of land located at 4333 Bandini Boulevard.
Director Wieske reported on the proposed.
It was moved by Woodruff-Perez and seconded by Martinez to approve Resolution No. 2016-66. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes Ybarra: Yes Lopez: Yes
ORAL REPORTS
18. 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: Homicide Investigation near the 3600
block of Alameda Street; continued protest at Farmer John; and dumpster fires in the City. Fire Chief Andrew Guth reported on the upcoming toy drive at Vernon Fire stations.
Public Works, Water and Development Services Department Director Derek Wieske reported on
the following: Road work projects; Local transportation grant opportunities; and Vernon Housing Commission meeting update on housing remolds.
Human Resources Director Michael Earl reported on the open enrollment period and healthcare
informational sessions.
City Clerk Maria Ayala reported on the upcoming 2017 election and the possible implications of SB 415 to future City elections.
City Administrator Carlos Fandino reported on the following: the Gas and Electric conference;
Fire Chief interviews; the Special Vernon Housing Commission meeting debrief; the Business and Industry Commission meeting debrief; Possible Ballot Measure for proposed a Utility User Tax; and outreach and education efforts.
19. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or
directives to staff. No reports provided.
Mayor Davis recessed the meeting at 9:42 a.m. and reconvened at 9:43 a.m. CLOSED SESSION
At 9:43 a.m., the City Council entered into closed session to discuss the following agendized items:
20. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1)
Title: Fire Chief
At ??? a.m. the City Council exited closed session. City Attorney Hema Patel announced that one item was discussed and there was nothing to report out.
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With no further business, at 1:55 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor ATTEST:
_________________________
Maria E. Ayala City Clerk